HomeMy WebLinkAbout2003-07-15
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
Monday, July 14, 2003, at 4:00 p.m.
City Council Chambers
1.
Roll-call Attendance:
X Tammy de Weerd X-
x: Cherie McCandless x:
X Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda: tvl;rflV~
3. Executive Session as per Idaho State Code 67-2345 (1) (b) :
Jt.O aec;JI~
Meridian City Council Special Meeting Agenda - July 14,2003 - Page 1 of 1
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Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 24 hours prior to the public meeting.
August 1, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 5, 2003
ITEM NO. 8- B
REQUEST
Approve minutes of July 15, 2003 Pre-Council Meeting:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
TuesdaYJ July 15J 2003 at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
x
X
Tammy de Weerd X
Cherie McCandless X
X Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda: Approve
3. Update on Adventure Island Playground: by Darin Lindig
(5 minutes*) presented
4. Discussion of Park Regulations Ordinance: by Doug Strong
(15 minutes*) discussed
5. Discussion of Revised Ethics Code Ordinance:
(5 minutes*) . discussed
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
ivkndl~I" City ( illInnl ,\gcnda ,July 15.200; I'a:,:e I "I I
AlIl11al''Ilals plesenl,'d at puhlle meetings slwll b'-'eol11e prnperl\ "1 the ('II} "I \'kndldl1
Anyone desillng uCLommodalion for disabilities reluwd 10 documents amlim hearing,
please conlact thc City Clerk's Oflice at 88804433 alleasl48 hours prior 10 the publiC I11ccllng
Meridian City Pre-Council Meetinq
July 15, 2003
The Pre-Council Meeting of the Meridian City Council was called to order at 6:30
P.M. on Tuesday, July 15, 2003, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Cherie McCandless,
Bill Nary, and Keith Bird.
Others Present: Bill Nichols, Bill Musser, Gary Smith, Anna Powell, Doug
Strong, and Will Berg
Item 1.
Roll-call Attendance:
x
X
Tammy de Weerd X
Cherie McCandless X
--L Mayor Robert Corrie
Bill Nary
Keith Bird
Corrie: We'll call t he meeting to order 0 n Tuesday, July 15, 2003 in t he City
Council Chambers. A t this time, I would I ike to have City Clerk have roll call
attendance please.
Item 2.
Adoption of the Agenda:
Corrie: The second item on the agenda is the adoption of the agenda. Council's
pleasure.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we adopt the agenda as presented.
Bird: Second.
Corrie: Okay motion has been made and second to adopt the agenda as
presented. Any further discussion. Hearing none all those in favor of the motion
say aye. All ayes motion carried.
MOTION CARRIED: ALL AYES
Item 3.
Update on Adventure Island Playground:
Corrie: Item Number 3 is the update on Adventure Island Playground. We invite
the young lady to come up and talk to us.
j
Meridian City Pre-Council Meeting
July 15, 2003
Page 2 of 8
Lindig: Mr. Mayor for the record Angela Lindig with the Adventure Island
Playground.
Corrie: Thank you Angela.
Lindig: I'm actually just here to give you an update of where we're at from where
we've been in the last year. I think it's been awhile since I've come and talked to
you. We'll go over some of the documents that you have there. Just as a
background, the project is a universally accessible playground where all children
can learn, play, and grow together. It's to be located in Settler's Park. We are
doing our darndest to break ground with site development within this month.
We've set a date for July 30th and that mayor may not happen but we're holding
it firm and doing everything that we can to get the commitments that we need to
be able to do that. What you have before you is the current support document
that shows our fundraising efforts. We began fundraising only a year ago in July
and so this is a pretty big accomplishment to have done this within a year's time
especially with the economy the way it looked last year. There were times last
winter where it didn't look like we were going to go very far at all so we've had a
huge surge of momentum this spring. You can see that quite a number of folks
have started to take notice of the project and are really rallying to support it.
What we're trying to do right now more than anything is firm up in kind
commitments for site development. The equipment we currently have enough
cash top u rchase t he main play e qu ipment for Phase 1 of the project. I f you
remember the project was divided into two phases possibly three for that water
feature if need be. At this point, we have enough cash to pay for the grand
voyage, which is the main play structure that will be done as the community build
in next spring. Also, the smaller structure which was called Bully Put that was
the castle then the special safety surfacing which is the port and play safety
surfacing. That is essentially Phase 1 and on top of that is site development.
Down at the bottom you will see the pending approximate in kind donations. We
have been all over town and are just very excited at the folks that are coming
forward on those. It's kind of vague there what all those astric marks are.
Basically, these are folks that have expressed a desire to help and we're in the
process of pulling it together to see who can do what and what kind of cash that
we'll need 0 n top 0 f that if it's not a full donation. The ones up above in the
current in kind donations are those that are already fully committed and taken
care of where we would have no cash on top of that that we'll need to come up
with. Some of the pending fundraisers that I wanted to tell you about that are
exciting Number 1 is the Albertson's Boise Open ticket sales and also the fact
that we were chosen as a beneficiary to the Albertson's Boise Open. I've
included that document on the back there that shows how people can order
those tickets and then information on the playground hoping that the city help pull
for us on this and get the word out that we're selling these tickets. We get 100
percent of the proceeds for this as well as being entered into a bonus bowel of
25,000 dollars so we're doing what we can there. In addition, I would ask if the
city is interested, I have received a seven-foot banner that Albertson's Boise
(..
Meridian City Pre-Council Meeting
July 15, 2003
Page 3 of 8
Open has provided u s with that says proud beneficiary 0 f t he Boise 0 pen. It
might be a good idea to possibly set it up here at city hall with the flyers and
letting folks know that with our partnership that this playground will benefit
directly from that banner. That might be something to consider or possibly over
at the Park's Department. IN addition we are also once again we've been
chosen as a recipient for the Friends for Meridian Parks September 5th golf
tournament so we're trying to get the word out on that as well and that's another
area that the city could be able to help with in spreading awareness and
spreading the word on that golf tournament. Finally, we were informed yesterday
that the Eagle 969 is - I actually went into talk with them in the hopes of getting
some air time and possibly an interview just getting some publicity for the
playground. They came back with the fact that they were going to raffle a Harley
on our behalf and they're hoping to make somewhere between 10 and 50,000 on
that directly for us. I've given a low number of hopefully getting 20,000 out of it
but we may get more than that. That I think is going to be really good for
Meridian businesses because one of the things that they're going to do is
obviously go out on remotes, locations, take the bike with them and promote the
different Meridian businesses at the same time as helping the playground. Other
than that, on those pending in kind donations some really good things I met
yesterday with the associated general contractors and they are actually trying to
pull together a meeting for us to pull together all the different concrete companies
and excavation companies on our behalf and divvy up what people can rather
than us going out individually. You can see things are really moving along well
and we're excited about it. July 30th is only 15 days away but even if we don't
pour concrete, this year as long as we have the commitment to do it our build
won't take place until next spring anyway so it shows that we're ready to go and
move forward with this thing. I also am asking that you consider applying
another 50,000 dollars towards the project. I know that you've already committed
100,000 and another 50,000 would really give us that leeway that we need.
Right now with the current cash that we have we have that break even point of
being able to pay strictly for the equipment that is in Phase 1. That extra 50,000
dollars in addition to some of our pending fundraisers gives about an overage of
90,000 dollars in case we have some in kind overages where it's not 100 percent
donation and it would allow us that. In addition, you'll notice the International
Brotherhood of Electrical Workers. One of the things that's not on our
playground budget or wasn't included in the beginning was the electrical work for
the security lighting that has been decided needs to be out there. That wasn't
part of the campaign's original budget. I've been offered to go and present to the
union or the Brotherhood of Electrical Workers and try to get all of that electrical
work donated on behalf of the city. I'm going to be doing that on August ih even
though it's not in our budget and hope that will help cover those costs. Other
than that, there's a lot going on. I'm in the process of creating a full list of
everybody that we have either supplied a grant to or applied for a grant from or
spoke to or presented to. One of the things that I need to point out on this project
is that there's such a greater message that's being heard throughout the
community that goes beyond just the fact that we're doing a playground out here.
(
Meridian City Pre-Council Meeting
July 15, 2003
Page4of8
The city is really getting the recognition that it deserves. Everybody that hears
that the City of Meridian has not only donated the land but also money and this
willingness to maintain this project afterwards gets excited and says - everyone
says to me that's super of the City of Meridian to be doing that. I've been over
the last year invited to speak to the Treasure Valley Association of the Education
of You ng Child ren just to spread the greater message on inclusion same with
Child Care Health Consultants. At the end of July, I'm going to be going to Coeur
d'Alene to talk to the (inaudible) Syndrome conference on adaptive recreation
and inclusiveness in communities. How - so individuals and volunteers through
the community can get involved with their city and their parks and create greater
accessibility for all citizens. There's a far greater message going on. I think that
the Association of Idaho Cities h as recognized. Tammy has worked with this
project and has nominated her for a n a ward. T he Human Rights Message is
getting out with this project so I think the partnership has been terrific. We're
thrilled and I hope you guys are equally as happy with the way it's going. That's
all. Any questions?
Corrie: Thank you good report.
Lindig: Thank you.
Corrie: Council any questions or statements?
Nary: When you're done with this could you help with the levy issue?
Lindig: I am trying already.
De Weerd: Thank you.
Lindig: Thank you.
Corrie: Thank you very much.
Item 4.
Discussion of Park Regulations Ordinance:
Corrie: Next 0 n t he agenda is the discussion 0 f Park Regulations 0 rdinance.
Mr. Doug Strong.
Strong: Mr. Mayor, Members of the Council I hope that before you, you have a
copy of the proposed ordinance that has been a collaborative effort between the
Park Department, the Police Department and respective attorneys involved in
getting it in that form. We feel, we meaning Captain Musser and myself feel that
it's in pretty good form so I think for the sake of time we would stand for any
questions that you may have about the ordinance and why it went together the
way it did.
(
Meridian City Pre-Council Meeting
July 15, 2003
Page 5 of 8
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: I just had a couple of questions. In 13-2-3 motor vehicles in the parks
would probably be wise to exclude emergency vehicles and city vehicles. This
says you have to have a writing for the city truck to drive 0 n the grass. Y ou
probably don't really need that. You would have the same thing for emergency
vehicles. It's certainly implied by Idaho Law that they probably could do it
anyway but we could certainly exclude emergency vehicles and city vehicles
from that provision of vehicles off the roadway. The other thing Doug I was
looking at the exclusion provision. In Boise, we have been wrestling with this
provision for a while and maybe Bill can address this as well. The length of the
exclusion is fairly short. At least my recollection of some of the case law and
then in this circuit I mean it seems like we're - certainly an overabundance of
processes. It's not harmful but I wander if it makes it somewhat cumbersome to
exclude someone for seven days they have five days to come in which it's
running at that time. They can come in and ask for a stay then they can stay.
They may only have two days left of their seven-day exclusion potentially then
you have to hear it in 30 days. It just seems like it might make it more
cumbersome. I don't recall in at least the case law that those seven days really
requires this level of process. I wander if it's a little much.
Nichols: Mr. Mayor M embers of the Council I asked Allison Tate to put in an
appeal provision when she drafted this for this reason. The exclusion notice can
trigger a trespass misdemeanor charge. It was my feeling that if you at least put
in the ability for somebody to say hey this wasn't fair that if you had that in and
they didn't and they came back that it made the trespass case stronger because
there was the ability to appeal. If they say I wasn't the one that was doing the
thing whatever their excuse would be or their reason but that's the reason I
asked her to put something like that in just because it has the ability to trigger
that trespass. It becomes elevated from a simple civil exclusion to a
misdemeanor criminal charge. That was my thought on that. I did have some
discussion with Allison about the exclusion period and you know whether there
should be some kind of escalating first offense seven days second offense 30
days. That's (inaudible) offense a year and apparently Park staff and the Police
felt like try it with the seven day see if it works and then we don't have to mess
with these longer exclusions or keeping track on when somebody can come back
and when they can't and that sort of things. I wasn't privy to those discussion but
that's what I understand from Allison is the seven days is what staff was
comfortable with as a workable solution.
Nary: Weill wander if and that makes sense. I think that's reasonable. I wander
if maybe at least the time period - it just seems like if you give them five days
and then stay it you really might only be staying about two days worth of time or
maybe even one depending on jf there's a holiday in there. Maybe if we
(
Meridian City Pre-Council Meeting
July 15, 2003
Page 6 of 8
shortened the time period to requ'est it like two days and then stay it from that
point so at least there's something there left. It seems kind of pointless to have a
hearing set one more day this person can't go to the park. At least there would
be some meat left of this exclusion period and then maybe shorten the time
period as well for us to hear it. That way we kind of get - I mean the whole idea
of these things is to get the person out of the park today and for a little while to
make some impact on their behavior. If we wait - here it's potentially it's 35, 40
days later before it impacts them and that might be kind of losing the impact of it.
We can always change it later but maybe if we looked at like a two-day request
and then maybe 10 days to hear it so that it's fairly short in nature. I don't think
many people are going to ask but I think that way at least it will have the more
immediacy of the impact on them.
Corrie: Any other comments on that one?
Nichols: Mr. Mayor Members of the Council then as consents of the Council we
should revise that then to two days to request and then hear it within how many
days 15 or 10.
Nary: Maybe 10. Something we can do it fairly soon. I know occasionally we
miss a meeting but we don't miss too many unless it's during a holiday even if we
did it within 10 unless extended by the Mayor or some other mechanism if there
was a missed meeting in there or something. Otherwise it just seems to me that
the immediacy of it would be lost if we wait too far out.
Nichols: We could in terms of at the second Council Meeting following -
Nary: That's great.
Corrie: That would be better yes. Any other comments?
Bird: We need to get it brought forward.
Nary: Yes, I think it's really good. I mean it's really going to answer a lot of
questions so that's good.
Corrie: Will you - think you'll have that Bill by the next meeting?
Nichols: Yes Mr. Mayor.
Corrie: Okay well we can put it on - Mr. Clerk if you'll put that on the Consent
Agenda then on the 22nd. That's agreeable to the Council?
Nichols: Mr. Mayor did you mean the Consent Agenda or just on the agenda for
the first reading?
f
Meridian City Pre-Council rVIeeting
July 15, 2003
Page 7 of 8
Corrie: Oh it's on the agenda I'm sorry it's an ordinance yes. It's an ordinance.
Item 5.
Discussion of Revised Ethics Code Ordinance:
Corrie: Next is discussion of revised Ethics Code Ordinance. I believe the Ethics
Code the main thing Mr. Nichols was the change in the word verbiage on special
to personal.
Nichols: Mr. Mayor, Members of the Council there are two substantive changes
in this ordinance. One is there was a term that was not defined. It appeared that
simply the wrong word was used. That special was used when personal was
meant to be used because personal interest was a defined term. This just simply
tied it up that way. The second substantive changes is that in the past we've had
a list of State Criminal Statutes that are referred to but it was simply the code
numbers. Anybody looking at it would have to go to the code to see what those
were. Now prosecutors and perhaps defense counsel might know exactly what
18-1356 charge is but the rest of us wouldn't I added those titles in there. Then
at the recent Idaho Municipal Attorneys Meeting Roger Cockrill presented an
ethics and government portion of that meeting. There were some additional
charges in Chapter 59, which I felt were also necessary to include so I've added
those in. That's the substantive change is putting in the titles in addition to the
code sections on those that are in Title 18 of the code then adding the ones that
are in Title 59. Then just simply changing that or clarifying what a personal
interest special interest is. That's the change.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: You said personal just is defined somewhere else? It's not defined in this
section but it's somewhere else?'
Nichols: Yes Councilman Nary it should be previously in Chapter 14 of Title 1.
Nary: Looks good to me.
Corrie: Okay any other comments f rom Council? Hearing none then do you
want to put that on the 22nd as well?
Nary: Sure.
Corrie: Okay Mr. Clerk if you would do that it would be fine. I guess at that point
we've reached the end of our Pre-Council Meeting so I will entertain a motion to
close the Pre-Council Meeting.
De Weerd: So moved.
I
';
Meridian City Pre-Council Meeting
July 15, 2003
Page 8 of 8
Nary: Second.
Corrie: Okay motion been made and second to close the Pre-Council Meeting.
Any other discussion? All those in favor say aye. All ayes motion carried. The
Council Meeting is hereby closed and we will open up the Regular City Council
Meeting in seven minutes.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 6:53 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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MAYOR
Robert D. Corrie
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CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
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LEGAL DEPARTMENT
(208) 288-2499 . Fax 288-250 I
PARKS & RECREATION
(208 888-3579 . Fax 898-550 I
PUBLIC WORKS
(208) 898-5500 .Fax 887- [297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING AND ZONING
(208) 884-5533 . Fax 888-6854
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue,
Meridian, Idaho, on Monday, July 14, 2003 at 4:00 P.M. The Meridian
City Council will hold an Executive Session (the session is closed to the public) in
accordance with Idaho State Code 67-2345 (1) (b).
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
JI.~p
WILLIAM G. BERG,
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DATED this 7th day of July, 2003.
Meridian City Council Special Meeting - July 14, 2003
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 24 hours prior to the public meeting.
33 EAST IDAHO. lvIERIDIAN, IDAHO 83642
(208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723
CITY OF MERIDIAN
PRE~COUNCIL MEETING
AGENDA
Tuesday, July 15, 2003 at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
x
X
Tammy de Weerd X Bill Nary
Cherie ,candless =z= Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda: WJJ?Y'O~
3. Update on Adventure Island Playground: h':J fJariiv Lindt'1
(5 minutes*) reJ-e~.evL
4. Discussion of Park Regulations Ordinance: 4Jjj ~ J ~~
(15 minutes"') d>'JU1rud-
5. Discussion of Revised Ethics Code Ordinance:
(5 minutes"') cVJUtJ;:u;L
... Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - July 15, 2003 Page 1 of I
All materials presented at public meetings sball become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
MAYOR
Robert D. C011'ie
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. VYlerldian
IDAHO
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LEGAL DEPARTMENT
(208) 466.9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 I
PUBLIC WORKS
(208) 898.5500 . Fax 887-] 297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887. J 297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, July 15, 2003 at 6:30 P.M. The Meridian City Council will be
discussing the following agenda items:
Update on Adventure Island Playground
- Discussion of Park Regulations Ordinance
Discussion of Revised Ethics Code Ordinance
The public is welcome to attend the meeting.
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DATED this 11 th day of July, 2003.
-
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33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
July 11,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
Pre-Council Meeting
July 15. 2003
ITEM NO.
3
REQUEST Update on Adventure Island Playground:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRE~TOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
o;b;;,J. L,i rcJ.J}
lNe !/I'd. 'A,C{ r I Vt
r r b~ {d
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Committed Cash Contributions:
City of Meridian
The JA and Kathryn Albertson Foundation
Albertson's, Inc. - Boise Open
Saint Alphonsus Women's Philanthropic Group
Idaho Council on Developmental Disabilities
Friends of Meridian Parks - Golf for Parks
Ada County Association ofReaItors Foundation
TransnatioIl Title Insurance Corporation (fllndraiser)
Saint Alphonsus Meridian Health Plaza
TitleOne Corporation
US Bank
Saint Alphonsus Foundation (Travel Expenses)
WhiteWater Pizza and Pasta (Fundraiser)
TIle Zonta Club of Eagle
Christ Lutheran Church
Boise Mothers of Twins
Meridian United Methodist Church
Individuals - See breakdown below
Total Cash COlltributiolls
Pendinl!: Fundraisers (Amounts are Approximate)
Friends for Meridian Parks Sept. 5 Tounament
Albertsons Boise Open Ticket Sales & Bonus
Eagle 96.9 Harley Raftle
Total Pending FlIndraisers
Pcndinl!: and Recentlv Submitted Requests:
Gmmelt FOtUldatioIl
Idaho COlTununity Foundation
Total Pending
$100,000
50,000
20,000
15,000
lO,OOO
8,000
5,000
5,000
5,000
1,500
1,500
1,000
],231
1,000
500
500
350
14,990
S240,571
$ 5,000
5,000
20,000
$ 30,000
10,000
5,000
$ 15,000
Pending approximate in~kind donations:
Idaho Nursery Association
Western Steel Mmmfacturing (Hand Rails)
Concrete Placing Company
Ed Gunther Masonry
AGC (Concrete and Excavation)
Lloyd's Electric
International Brotherhood of Electrical Workers local 291
Pacific NW" Regional Council of Carpenters
Meridian School District or LDS Church
$ 50,000
1,000
Current Support
July 2003
Current In-Kind Donations:
Heartlmld Construction
The Land Group Landscape Architects
Silver Creek Irrigation
Bergey Land Surveying
Playworld Systems
Home Depot
Meridian Quality Copy & Print
West Coast Paper Company
Biz Print
Fiberpipe Web Hosting_
Total Ill-Kind DOllations
Total Contributions:
Individual Contributors:
S,
*
Bill Mosley (Pledge)
Ron and Julie Cendejas
Hewlett Packard Employee Matching
Erin and Jllstin Seaman
Angela mld Darin Lindig (HP) Full Year
Jim and Sue Jones (Pledge)
Jan and Tanuny DeWeerd
Paul mld MaryAtme Traughber
David and Terri Lindig
Paul Brownell (HP) One Time
Rick Swimm (HP) One Time No Match
Ed and Grace Seaman (HP) One Time
MaryAnne Budzianowski (fIP) Full Year
Christine Putz (HP) Full Year
Rae Casey (HP) Full Year
Doug Cheney (BPO) One Time
Anonymous Cash
Craig mId Mary Jussell
TVAEYC (Presentation)
Aimee Moran
Jo Garrison
KaBoom! Reimbursement
Total
..
..
*
*
..
..
1
RECEIVED
J U l 1 5 2003
CITY OF MERIDIAN
$ 45,000
15,000
10,000
7,500
4,000
1,000
250
250
500
500
S 83,500
$ 324,071
$ 5,000
2,000
1,920
1,000
1,000
1,000
750
500
200
100
160
lOa
120
240
360
100
100
100
40
50
50
100
$ 14,990
(' rL\
~/1~
A' Albertsonse )REOEIVED \t-\G 11
B01sOPENl JUL is 2003 0~ "Ie.;..
~ PRESENTED BY CITY OF MERIDIAk l
Frrst HealtlL q~r Of TI-I'C t6'r"
I TICKETS-FOR-CHARITY II
D Nationwide~
Tour
----
-
-
Since its inception in 1990, The Albertsons Boise Open
presented by First Health has generated nearly $3 million
dollars for non~profit organizations while
providing the treasure valley with a premier
community and sporting event. Now in its
fourteenth yearJ Albertsons and the
tournament are striving for new heights
with respect to the tournament's impact
on the community and the quality of life for
children in Idaho. .
opportunity for the deserving non~profit .
organizations that do such a wonderful job
of positively impacting the quality
of life for young people in Idaho.
We certainly hope you will
be able to support your favorite
organization by purchasing tickets
to this year's tournament. Complete
the Ticket Order
Form on the reverse of
this flyer and begin
improving the quality
of life for our youth
today!
FACT:
100%
of the proceeds
from this ticket sale
goes directly to
your charity!
Over 100 non-profit organizations applied to be a
beneficiary of the Albertsons Boise Open this year. As you
can imagine, it was a
difficult task to reduce
this list to the final
thirteen that have been
selected as primary
beneficiaries. However,
Albertsons and the tournament have designed a ticket sales
contest that all of the applicants can participate in.
Albertsons is providing each non-profit organization
with the opportunity to sell weekly tournament tickets to the
public. These tickets sell for $25 each and provide access to the
tournament all seven days, September 15-21. This is a $10
discount over the regular gate price of $35. Best of all, each
organization gets to keep 100% ofthe money raised from the
ticket sales.
Your charity is working
towards earning a
portion of a $25,000
Charity Bonus Pool!
For a second year, Albertsons again is offering a
Bonus Pool for the
orga n ization s selling
tickets. Albertsons has
provided $25,000 for the
Bonus Pool to be divided
among the participating
organizations selling tickets. The $25,000 Bonus Pool will be
divided among the participating organizations based
on the amount of money the non-profit raises from
ticket sales. As you can imagine this is an incredible
You save S10 from the .
regular gate ticket price
Be your charity receives
100% of the proceeds!
Kids 12 .
and under
are FREE
all week!
Your $25 Weekly Grounds Pass
allows you access to these events:
MONDAY, SEPTEMBER 15TH
Georgia-Pacific Golf Clinic
Kraft/Nabisco Skins for College Golf
TUESDAY, SEPTEMBER 16TH
The Pro-Am Sponsored by "M&M'slll" and KUDOSllI
The Idaho Statesman Junior Clinic
WEDNESDAY, SEPTEMBER '7TH
The Pro-Am Sponsored by "M&M'slll" and KUDOSllI
THURSDAY, SEPTEMBER 18TH
1st round, morning tee times
1st round, afternoon tee times
PEPSI PAVILION OPEN TO ALL TICKET HOlDERS
FRIDAY, SEPTEMBER '9TH
2nd round, morning tee times
2nd round, afternoon tee times
PEPSI PAVILION OPEN TO ALL TICKET HOLDERS
SATURDAY, SEPTEMBER 20TH
3rd round
Albertsons Family Day Activities
PEPSI PAVILION OPEN TO ALL TICKET HOLDERS
SUNDAY, SEPTEMBER 21ST
Bisquick0 Breakfast FREE to all Ticket Holders
Final round
PEPSI PAVILION OPEN TO ALL TICKET HOLDERS
Awards Ceremony, 18th Green
Kids 12 Ie under
FREE all weekl
FREE Parking
a production of
o
TICKET ORDER FORM ON REVERSE ~
I
'.
Adventure Island Playground and Water/~plashPad
A JumpStart-Saint Alphonsus Community Effort
Frequently Asked Questions
Imagine a p1o.yground where children will search for hidden artifacts in an archaeological dig, conduct a symphony, or lailllch to
the moon in a spaceship.
Imagine too, that every child could experience in that kind of fun no matter what their ability level. Imagine children with
wheelchairs or those with sensory, visual or cognitive disabilities, playing side by side with their able bodied peers.
Imagine our community joining together in a volunteer effort to create a illliversally accessible playgroillld where just such
dreams can all come true.
Adventure Island is a proposed Universally Accessible Playground to be located in Meridian's new Settler's Park at Meridian and
Ustick Roads. With your help, Adventure Island can become a reality with construction beginning as early as Spring 2003.
What is a Universally Accessible Playground?
A Universally Accessible Playground is one in which all children can play. They come in all shapes and sizes but provide
activities that children with disabilities can enjoy and interact with their peers. They most often will address the need for ramp
access, play panels at groillld level, and surfacing that walkers and wheelchairs can ride over with ease.
How is Adventure Island a Universally Accessible Playground?
Play is a Child's Work. Children receive educational, physical and emotional benefits from play. Adventure Island is being
designed to include a full range of play activities that will allow every child to receive those benefits of play. The playground will
be themed to provide an adventure everywhere a child goes. Whether they are playing on the Grand Voyage, splashing in the
Fishwreck, or digging in the Dig, they will find excitement and opportunities to play side by side with children of all abilities.
Adventure Island will not only be universally accessible, it will fully integrate the community, both in it's creation and it's
completion.
What is a Community Built Playground?
A Community Built Playground is one that is hand assembled by volunteers from within the community. Adventure Island
Playground is about creating social interaction in more ways than one. Children of all abilities and their families will have new
opportunities to get to know eachother by spending time there together. But first, we will interact by actually building the Grand
Voyage as a volunteer effort. Parents, Grandparents, Friends and Co-workers will aU have a hand in it's creation.
Are there other Universally Accessible and Community Built Playgrounds in our area?
No. Adventure Island will be the first of it's kind in Idaho. Other states have fully realized the impact universally accessible
playgrounds can have on their communities. In fact, the states of Maryland, Connecticut and California have even formed grant
initiatives to ensure every child will have this opportunity in their states. Adventure Island will put Idaho on the map as a leader in
"inclusion"u,a place that promotes basic human rights and dignity. We hope to serve as a model so that other communities in
Idaho will also enjoy such a facility.
How is JumpStart-Saint AJphonsus involved?
Several of the parents who initiated the creation of Adventure Island Playground have children who attend JumpStart, which is a
program of Saint AJphonsus Regional Medical Center for children with neurodevelopmental disorders. Because JumpStart partners
with existing early learning programs, JumpStart children have the opportunity to play and learn with children who do not have
motor challenges. These meaningful experiences with others of different abilities promote an appreciation in both for the
similarities and differences of the other and encourage development of new skills. The mission of Adventure Island is a perfect
match and therefore, it was only natural that this partnership would occur.
...
How can I get involved?
There are several ways to participate in this great project. Whether it's through volunteering on build day, making a cash or in-
kind contribution, or serving on the committees for fundraising, community build, or design, we can use your help. Please take a
look at the volunteer opportunities available on the reverse side of this FA Q.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 15, 2003 at 7:00 p.m.
City Council Chambers
1. Rollwcall Attendance:
~ Tammy de Weerd ~ Bill Nary
~ Cherie McCandless ~ Keith Bird
)( Mayor Robert Corrie
2. Adoption of the Agenda: a-~v< elf an-....eA...d.ep(""
3. Consent Agenda: ~ V'-C-
A. Approve minutes of July 1, 2003 City Council Regular Meeting: cl1jffOV-f:-
B. Findings of Fact and Conclusions of Law for Approval: TCU
03w001 Request for a Transfer of Conditional Use Permit for a
Child Care Center in an R-8 zone for All About Kids by Zejna
Garibovic and Kathy Sokoli -1155 East Chateau Drive: d.ppr-ov<-
C. Findings of Fact and Conclusions of Law for Approval: PP 03-
006 Request for Preliminary Plat approval of 17 building lots and 2
other lots on 10.17 acres in C-N and R-40 zones for Devon Park
No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue: ap ~vuL
D. First Addendum to Development Agreement: MI 02w001
Request to Approve Amendment to Development Agreement with
John and Alberta Sonntaa for the Meridian Hampton Center
Development - new owners Eagle Road, LLC: ~p tI'e...
E. Findings of Fact and Conclusions of Law for Approval: M103-
001 Request to modify approved final plat lot lines, move approved
hotel and office locations, reduce hotel size to 80 rooms and
increase office building area for Fallon Greens Subdivision (fka
Hampton Inn Subdivision) by Pinnacle Engineers, Inc. -
southwest corner of South Allen Street and Gentry Way: ~p p v..c..-
F. Amended Findings of Fact and Conclusions of Law for
Approval: CUP 01w044 Request for a Conditionfl.l Use Permit for
one 92 room hotel, one single story office building and one two
Meridian City Council Agenda - July 15, 2003 Page I of 4
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring acconnnodation for disabilities related to documents and/or hearings
contact the City Clerk's Office at 888-4433 at least 48 hours prior to the P!l~lic meeting.
story office building in a C-G zone for Hampton Inn Hotel by
Meridian Hampton Center LLC - southwest corner of Allen Street
and Gentry Way: Cvf'rv"1L
G. Amended Findings of Fact and Conclusions of Law for
Approval: PFP 01~010 Request for Preliminary/Final Plat approval
for 3 building lots on 4.10 acres in a C-G zone for Haml?ton Inn
Subdivision by Pinnacle Engineers, Inc. - southwest corner of
Allen Street and Gentry Way: ~lt~
H. Approve Recommendation of Parks & Recreation Commission
for Naming Park next to Boys and Girls Club - Centennial
Park: "'ppr-PII'I.i!..
I. Agreement for Services for Park next to Boys and Girls Club -
Good Earth Landscape: tvpprOIl'l.t.-
4. Department Reports:
/i - Ff)-e. :i)i:.."d, /- 6r-~ JrtvMd-
5. (Items Moved from Consent Agenda) - ;vOIlA....
6. Tabled from April 15, 2003: AP 03-001 Request to Appeal Meridian
Planning and Zoning Commission's Denial of Silverleaf Subdivision
Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683
West Chinden Boulevard: &.cc.€j?t- 4jJp//CelhTJ w/?--/l.idraw4A-
7. Continued Public Hearing from April 15, 2003: AZ 02~030 Request for
annexation and zoning of 38.65 acres from RUT to R-4 zones for
proposed Silverleaf Subdivision by Crestline Development, LLC - 2683
West Chinden Boulevard: acc.(.,.f't- appl/~a-4r w/IAdh:(Iv~
8. Continued Public Hearing from April 15, 2003: PP 02-031 Request for
Preliminary Plat approval of 72 building lots and 8 other lots on 38.65
acres in a proposed R-4 zone for proposed Silverleaf Subdivision by
Crestline Development, LLC - 2683 West Chinden Boulevard:
acc.ept- ctppe/?alL-f'J' w;t'J..,dl-a"-'c.-L
9. Continued Public Hearing from April 15, 2003: VAR 03-006 Request
for a Variance to exceed 1,000 foot maximum block length and Variance
to open space requirement for Silverleaf Subdivision by Crestline
Development - 2683 West Chinden BouJevard:
Cf.Cc..ep i: Cbp~/'cah-1"..r ?vI f1...;draw,:-vl.
10. FP 03-040 Request for Final Plat approval of 77 building lots and 5 other
lots on 26.84 acres in an R-4 (PO) zone for Bridaetower Crossina No.4
by Primeland Development, LLP and Young Lands - northeast corner of
West McMillan Road and North Ten Mile Road:
hUt- 1-0 Jtd'J 22-1 200 3 J11.e.e~.!J
Meridian City Council Agenda - July 15,2003 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to 1he public meeting.
11.
12.
13.
14.
15.
16.
17.
18.
(
Continued Public Hearing from June 24, 2003: AZ 03-002 Request for
annexation and zoning of 19.79 acres from RUT to C-G zones for
Callister Development by Dave Callister - southwest corner of West
Overland Road and South Stoddard Road: (' ~__ 1", ."
a /turA.e-:J 1-0 ~p 4......e. r/ r .( C '-( rvr ~ 'P-.(..,
Continued Public Hearing from June 24, 2003: CUP 03.001 Request
for a Conditional Use Permit for a contractor's yard for an excavation
company and mini-storage facilities on 5.91 acres for Callister
Development by Dave Callister - southwest corner of West Overland
Road and South Stoddard Road: /' Ir /..' , /' den ~
la.,lf17r~ fo p-r.ep~ 'T f"- f C"1:nn- I
Continued Public Hearing from June 24, 2003: CPA 03-001 Request
for a Comprehensive Plan Amendment to change approximately 12.25
acres of the site from mixed-use-neighborhood to commercial for Callister
Development by Dave Callister - southwest corner of West Overland
Road and South Stoddard Road: . ~ '"
Cl-frt;rnejJ- fp pYl2F~ -/YF f cf.! HY ~/a...e..-
Continued Public Hearing from July 8, 2003: AZ 03-008 Request for
annexation and zoning of 34.52 acres from RUT to R-8 zones for
proposed Birchstone Creek Subdivision by Centennial Development,
LLC - northwest corner of West Ustick Road and North Black Cat Road:
c,ctVvrn4:j fv p:r.ej/~ -P/F {c/-f I:o-r tVjJprov~
Continued Public Hearing from July 8, 2003: PP 03-008 Request for
Preliminary Plat approval of 89 building lots and 7 other lots on 34.52
acres in a proposed R-8 zone for proposed Birchstone Creek
Subdivision by Centennial Development, LLC - northwest corner of West
Ustick Road and North Black Cat Road: J
a--l?urN!j fv ;>r~p~-rlt: I (!/L ;:or a-j?PYPn:vf,
Continued Public Hearing from July 8,2003: VAR 03-013 Request for
a Variance to Meridian City Code 12-4-5 requiring blocks to be not less
than 400 feet and not more than 1,000 feet in length for Birchstone
Creek Subdivision by Centennial Development, LLC - northwest corner
of West Ustick Road and North Black Cat Road:
d7'~/te,,-IO'prep~ -/'/~ yelP m 41?~V~
Public Hearing: CUP 03-027 Request for a Conditional Use Permit for
approval for dance studio use in an I-L zone at 269 East 5th Avenue for
Sandy's Dancework's by Sandy's Dancework's, LLC - 269 East 5th
Avenue: /iT~n..L1 1-0 jJr€jJa-...e //~ i e/-e IYr- tZ?f/lJVtf...L
Public Hearing: PP 03-007 Request for Preliminary Plat approval of 36
building lots and 7 other lots on 11.65 acres in an R-4 zone for
Clearbrook Estates Subdivision by R.K. Development, LLC - west of
North Meridian Road and south of West Ustick Road:
cfh-o--hhu.e ;:,/It ~ Jut~ 22/20&3 Jz,..,7-
Meridian City Council Agenda - July 15. 2003 Page 3 of 4
All materials presented at public meetings shall become property of the City of MeriwlU).
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
19.
20.
21.
Public Hearing: VAR 03-012 Request for a Variance to block length
requirements. for a block on the south side of Clearbrook Street for
Clearbrook Estates Subdivision by R.K. Development, LLC - west of
North Meridian Road and south of West Ustick Road:
C&JI'V7?>zue. f1//~ fo r71...t~ 2'1-, '2t?tP3 j1/1,.&
Continued Public Hearing from June 10, 2003: Dust Abatement
Ordinance: ~ tJ~-/ dJgltd~ -- l.e-l+er ~ COh..-PA-Sf
Tabled from July 8, 2003: Ordinance No. tJ.$ - It) '3 0
Fence Variance Ordinance: ~J'n>v<..
/9pfUe:J.-
Meridian City Council Agenda - July 15, 2003 Page 4 of 4
All materials presented at public meetings shaU become property of the City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
August 1, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 5, 2003
ITEM NO. E-jl
REQUEST Approve minutes of July 15, 2003 City Council Regular Meeting:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
vY
flJrlJ
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented of public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 15, 2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
x
X
Tammy de Weerd X
Cherie McCandless X
X Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda: Approve as Amended
3. Consent Agenda: Approve
A. Approve minutes of July 1, 2003 City Council Regular Meeting:
Approve
B. Findings of Fact and Conclusions of Law for Approval: TCU
03~001 Request for a Transfer of Conditional Use Permit for a
Child Care Center in an R-8 zone for All About Kids by Zejna
Garibovic and Kathy Sokoli - 1155 East Chateau Drive: Approve
C. Findings of Fact and Conclusions of Law for Approval: PP 03-
006 Request for Preliminary Plat approval of 17 building lots and 2
other lots on 10.17 acres in C-N and R-40 zones for Devon Park
No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue:
Approve
D. First Addendum to Development Agreement: MI 02-001
Request to Approve Amendment to Development Agreement with
John and Alberta SonntaQ for the Meridian Hampton Center
Development - new owners Eagle RoadJ LLC: Approve
E. Findings of Fact and Conclusions of Law for Approval: MI 03-
001 RequesHo modify approved final plat lot lines, move approved
hotel and office locations, reduce hotel size to 80 rooms and
increase office building area for Fallon Greens Subdivision (fka
Hampton Inn Subdivision) by Pinnacle Engineers, Inc. -
southwest corner of South Allen Street and Gentry Way: Approve
Meridian City Council Agenda - July] 5,2003 Page I or 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone dcsinng accollllllodation for disabilities related to documents and/or hearings
please eonlaet the City Clerk's Office at 888-4433 at least 48 hours pnor to the public Illcctlllg.
F. Amended Findings of Fact and Conclusions of Law for
Appro-val: CUP 01-044 Request for a Conditional Use Permit for
one 92 room hotel, one single story office building and one two
story office building in a C-G zone for Hampton Inn Hotel by
Meridian Hampton Center LLC - southwest corner of Allen Street
and Gentry Way: Approve
G. Amended Findings of Fact and Conclusions of Law for
Approval: PFP 01-010 Request for Preliminary/Final Plat approval
for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn
Subdivision by Pinnacle Engineers, Inc. - southwest corner of
Allen Street and Gentry Way: Approve
H. Approve Recommendation of Parks & Recreation Commission
for Naming Park next to Boys and Girls Club - Centennial
Park: Approve
I. Agreement for Services for Park next to Boys and Girls Club -
Good Earth Landscape: Approve
4. Department Reports:
A. Fire Department:
1. Grant Award
"
5. (Items Moved from Consent Agenda) None
6. Tabled from April 15, 2003: AP 03-001 Request to Appeal Meridian
Planning and Zoning Commission's Denial of Silverleaf Subdivision
Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683
West Chinden Boulevard: Accept Applicant's Withdrawal
7. Continued Public Hearing from April 15, 2003: AZ 02-030 Request for
annexation and zoning of 38.65 acres from RUT to R-4 zones for
proposed Silverleaf Subdivision by Crestline Development, LLC - 2683
West Chinden Boulevard: Accept Applicanfs Withdrawal
8. Continued Public Hearing from April 15, 2003: PP 02-031 Request for
Preliminary Plat approval of 72 building lots and 8 other lots on 38.65
acres in a proposed R-4 zone for proposed Silverleaf Subdivision by
Crestline Development, LLC - 2683 West Chinden Boulevard: Accept
Applicant's Withdrawal
9. Continued Public Hearing from April 15,2003: VAR 03-006 Request
for a Variance to exceed 1,000 foot maximum block length and Variance
o
Meridian City Council Agenda - July 15,2003 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
to open space requirement for Silverleaf Subdivision by Crestline
Development. - 2683 West Chinden Boulevard: Accept Applicant's
Withdrawal
10. FP 03-040 Request for Final Plat approval of 77 building lots and 5 other
lots on 26.84 acres in an R-4 (PO) zone for Bridaetower Crossina No.4
by Primeland Development, LLP and Young Lands - northeast corner of
West McMillan Road and North Ten Mile Road: Table to July 22, 2003
Meeting
11. Continued Public Hearing from June 24, 2003: AZ 03-002 Request for
annexation and zoning of 19.79 acres from RUT to C-G zones for
Callister Development by Dave Callister - southwest corner of West
Overland Road and South Stoddard Road: Attorney to Prepare
Findings of Fact and Conclusions of Law for Denial
12. Continued Public Hearing from June 24, 2003: CUP 03~001 Request
for a Conditional Use Permit for a contractor's yard for an excavation
company and mini-storage facilities on 5.91 acres for Callister
Development by Dave Callister - southwest corner of West Overland
Road and South Stoddard Road: Attorney to Prepare Findings of Fact
and Conclusions of Law for Denial
13. Continued Public Hearing from June 24, 2003: CPA 03-001 Request
for a Comprehensive Plan Amendment to change approximately 12.25
acres of the site from mixed-use-neighborhood to commercial for Callister
Development by Dave Callister - southwest corner of West Overland
Road and South Stoddard Road: Attorney to Prepare Findings of Fact
and Concl usions of Law for Denial
14. Continued Public Hearing from July 8J 2003: AZ. 03-008 Request for
annexation and zoning of 34.52 acres from RUT to R-8 zones for
proposed Birchstone Creek Subdivision by Centennial Development,
LLC - northwest corner of West Ustick Road and North Black Cat Road:
Attorney to Prepare Findings of Fact and Conclusions of Law for
Approval
15. Continued Public Hearing from July 8, 2003: PP 03~008 Request for
Preliminary Plat approval of 89 building lots and 7 other lots on 34.52
acres in a proposed R-8 zone for proposed Birchstone Creek
Subdivision by Centennial Development, LLC - northwest corner of West
Ustick Road and North Black Cat Road: Attorney to Prepare Findings
of Fact and Conclusions of Law for Approval
16. Continued Public Hearing from July 8, 2003: VAR 03-013 Request for
a Variance to Meridian City Code 12-4-5 requiring blocks to be not less
Meridian City Council Agenda - July 15,2003 Page 3 of 4
Allmuterials presented at public meetings shall become property of the City of Meridian
Anyone desiring accommodation for disabilities related to documents und/or heanngs
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
than 400 feet and not more than 1,000 feet in length for Birchstone
Creek Subdivision by Centennial Development, LLC - northwest corner
of West Ustick Road and North Black Cat Road: A ttorney to Prepare
Findings of Fact and Conclusions of Law for Approval
17. Public Hearing: CUP 03-027 Request for a Conditional Use Permit for
approval for dance studio use in an I-L zone at 269 East 5th Avenue for
SandyJs Dancework's by Sandy's Dancework's, LLC - 269 East 5th
Avenue: Attorney to Prepare Findings of Fact and Conclusions of
Law for Approval
18. Public Hearing: PP 03-007 Request for Preliminary Plat approval of 36
building lots and 7 other Jots on 11.65 acres in an R-4 zone for
Clearbrook Estates Subdivision by RK. Development, LLC - west of
North Meridian Road and south of West Ustick Road: Continue Public
Hearing to July 22,2003 meeting
19. Public Hearing: VAR 03-012 Request for a Variance to block length
requirements for a block on the south side of Clearbrook Street for
Clearbrook Estates Subdivision by RK. Development, LLC - west of
North Meridian Road and south of West Ustick Road: Continue Public
Hearing to July 22,2003 meeting
20. Continued Public Hearing from June 10, 2003: Dust Abatement
Ordinance: Pull off agenda -letter to COMPASS
21. Tabled from July 8J 2003: Ordinance No.
Fence Variance Ordinance: Approve
03-1030
Meridian City Council Agenda - July 15,2003 Page 4 of 4
Allmatcrials prcsentcd at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's omce at 888-4433 at least 48 hours prior to the public meetmg.
Meridian City Council Meeting
July 15,2003
The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on
Tuesday, July 15,2003, by Mayor Robert Corrie.
Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, Keith Bird
and Cherie McCandless
Others Present: Bill Nichols, Brad Watson, Anna Powell, Dean Willis, and Will Berg.
Item 1.
Roll Call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: All right. I will open the Meridian City Council Regular Meeting Agenda on
Tuesday, July 17, 2003, at 7:05 P.M. At this time, we'd like to have the City Clerk have
roll call attendance, please.
Item 2.
Adoption of the Agenda:
Corrie: All right. Thank you. Item Number 2 is the adoption of the agenda. Council,
any changes, additions, or corrections? We have a letter from Silverleaf Subdivision to
withdraw their appeal, their request for annexation, Preliminary Plat, and the Variance of
the block length. That will not be heard tonight. Item Number 10, Bridgetower Crossing
No. 4 has been asked to be tabled until July the 22nd and there has been a request to
have Number 17 moved up to Item Number 11 and that's all I have at this point.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Just a quick announcement under department reports.
Corrie: Oh. I'm sorry. Yes. Yes. Under department, reports there will be a report on
the Fire Department grant. That one -- yes. Any other changes? Okay. Hearing none,
I would entertain a motion for the adoption of the agenda as discussed.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we adopt the agenda as amended.
Bird: Second.
Meridian City Council Meeling
July 15, 2003
Page 2 of 47
Corrie: All right. The ~motion to adopt the agenda as amended has been seconded.
Any further discussion? Hearing none, all those in favor of the motion say aye.
Opposed no. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
A. Approve minutes of July 1 J 2003 City Council Regular Meeting:
B. Findings of Fact and Conclusions of Law for Approval: TCU
03-001 Request for a Transfer of Conditional Use Permit for a
Child Care Center in an R-8 zone for All About Kids by Zejna
Garibovic and Kathy Sokoli - 1155 East Chateau Drive:
C. Findings of Fact and Conclusions of Law for Approval: PP 03-
006 Request for Preliminary Plat approval of 17 building lots and 2
other lots on 10.17 acres in C-N and R-40 zones for Devon Park
No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue:
D. First Addendum to Development Agreement: MI 02-001
Request to Approve Amendment to Development Agreement with
John and Alberta Sonntag for the Meridian Hampton Center
Development - new owners Eagle Road, LLC:
E. Findings of Fact and Conclusions of Law for Approval: MI 03-
001 Request to modify approved Final Plat lot lines, move
approved hotel and office locations, reduce hotel size to 80 rooms
and increase office building a rea for Fallon Greens Subdivision
(fka Hampton Inn Subdivision) by Pinnacle Engineers, Inc. -
southwest corner of South Allen Street and Gentry Way:
F. Amended Findings of Fact and Conclusions of Law for
Approval: CUP 01-044 Request for a Conditional Use Permit for
one 92 room hotelJ one single story office building and one two
story office building in a C-G zone for Hampton Inn Hotel by
Meridian Hampton Center LLC - southwest corner of Allen Street
and Gentry Way:
G. Amended Findings of Fact and Conclusions of Law for
Approval: PFP 01-010 Request for Preliminary/Final Plat approval
for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn
Subdivision by Pinnacle Engineers, Inc. - southwest corner of
Allen Street and Gentry Way:
Meridian City Councll Meeling
July 15, 2003
Page 3 of 47
H. Approve Recommendation of Parks & Recreation Commission
for" Naming Park next to Boys and Girls Club - Centennial
Park:
I. Agreement for Services for Park next to Boys and Girls Club -
Good Earth Landscape:
Corrie: Item Number 3 is the Consent Agenda.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the Consent Agenda and authorize the Mayor to sign
and Clerk attest on all appropriate papers.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve all the Items A through
I and -- by the motion. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion to approve is approved.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
1. Fire Safe House Grant - Tammy de Weerd.
Corrie: Item Number 4 is department reports. Mrs. de Weerd.
De Weerd: Mr. Mayor, I just wanted to Jet Council know that the safe house is
progressing along very nicely. That is our fire prevention. We applied for a grant for
some safe house equipment and just heard word that we received it, it's for 29,420
dollars, and that should help equip the safe house with items that they need for their fire
prevention material. Just a special note that Butch Otter's office did help us secure a
contact over in Seattle that helped review the grants that we wrote and gave some good
constructive feedback, so I think that's why we were successful this time, so, our
appreciation to his office as well.
Corrie: Good. Any other department reports? Okay. Thank you.
Item 5.
(Items Moved from Consent Agenda)
Meridian City Council Meeting
July 15, 2003
Page 4 of 47
Corrie: Item Number 17, has been moved to Item Number 10 -- or 11. Excuse me.
Between 11 and 10. Let's get that right. J will open the Public Hearing on the request
for a Conditional Use Permit for approval for a dance studio use in an l-L zone at 269
East 5th Avenue for Sandy's Dancework's by Sandy's Dancework's, LLC, 269 East 5th
Avenue. We will have the staff report first.
Powell: Mr. Mayor, Members of the Council, just a second. You caught me off guard. I
didn't know you were going to --
Nary: Mr. Mayor?
Corrie: Just a moment.
Item 6.
Item 7.
Item 8.
Item 9.
Tabled from April 15, 2003: AP 03-001 Request to Appeal Meridian
Planning and Zoning Commission's Denial of Silverleaf Subdivision
Preliminary Plat by Shawn Nickel and Crestline DevelopmentJ LLC - 2683
West Chinden Boulevard:
Continued Public Hearing from April 15, 2003: AZ 02-030 Request
for annexation and zoning of 38.65 acres from RUT to R-4 zones for
proposed Silverleaf Subdivision by Crestline Development, LLC - 2683
West Chinden Boulevard:
Continued Public Hearing from April 15J 2003: PP 02-031 Request
for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65
acres in a proposed R-4 zone for proposed Silverleaf Subdivision by
Crestline Development, LLC - 2683 West Chinden Boulevard:
Continued Public Hearing from April 15J 2003: V AR 03-006 Request
for a Variance to exceed 1,000 foot maximum block length and Variance
to open space requirement for Silverleaf Subdivision by Crestline
Development - 2683 West Chinden Boulevard:
Nary: While we are waiting, Mr. Mayor, maybe we could formally accept the withdrawal
on Items 6, 7, 8 and 9 that has been requested by the applicant of Silverleaf Subdivision
to withdraw their appeal, as well as their request for annexation, Preliminary Plat, and
Variance. I don't know that we need a motion for that. I think just -- I guess we move to
accept their withdrawal of all those four applications.
Bird: We also need a motion to move -- to continue that application --
Nary: Yes. I will do that one next. I just thought while Mrs. Powell was getting ready.
Corrie: Okay. Yes.
Meridian City Council Meeting
July 15, 2003
Page 5 of 47
Nary: So, anyway, being that, I move that we would accept the withdrawal of Item 6, 7,
8 and 9 for Silverleaf Subdivision at the applicant's request.
Bird: Second.
Corrie: Okay. Any other discussion on the motion? Okay. Hearing none, all those in
favor say aye. Opposed no. Okay.
MOTION CARRIED: ALL AYES
Item 10.
FP 03-040 Request for Final Plat approval of 77 building lots and 5 other
lots on 26.84 acres in an R-4 (PD) zone for Bridaetower Crossina No.4
by Primeland Development, LLP and Young Lands - northeast corner of
West McMillan Road and North Ten Mile Road:
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move that we continue -- or table Item FP 03-040, the request for Final
Plat approval for Bridgetower Crossing No.4 to our July 22, 2003, meeting and, again,
at the applicant's request.
McCandless: Second.
Corrie: Okay.
Bird: I believe it was at our staff request.
Nary: At our staff request. I'm sorry.
Bird: Yes.
Nary: And it appears that Bridgetower Crossing is in agreement with that.
Bird: Yes. Was in agreement.
Corrie: Motion has been made and seconded to table Item Number 10 until the July
22nd Meeting. Any further discussion? All those in favor say aye. Opposed no? Motion
carried.
MOTION CARRIED: ALL AYES
Corrie: Okay. Thank you, Bill, that-
Meridian City Council Meeting
July 15, 2003
Page 6 of 47
Item 17.
Public Hearing: CUP 03w027 Request for a Conditional Use Permit for
approval for dance studio use in an I-L zone at 269 East 5th Avenue for
SandyJs Dancework's by Sandy's Dancework's, LLC - 269 East 5th
Avenue:
Powell: M r. Mayor, M embers of t he Council, this is a request for a Conditional Use
Permit for a dance studio. Our ordinance does not specifically define a dance studio, it
does say school, comma, private commercial, and that would require a Conditional Use
in this zone. This is an industrial zone. The purple parcel as shown on Franklin Road,
just to orient you, that is the fire station. It is a developed property. The aerial shows
that it's still vacant, but there is presently a building and this is just moving in that
building, no tenant -- or I mean no exterior improvements, no change in the parking
layout, this is strictly to allow the use within the industrial zone. There were -- at the
Planning and Zoning Commission hearing there was one person that submitted a letter
in opposition, largely under the -- because it is a non-industrial use within an industrial
zone. The other testimony at the -- or discussion at the Planning and Zoning
Commission considered off-street parking availability, parking arrangements, and safety
of children, hours of operation, and the amount and type of traffic on East 5th Avenue.
The Planning and Zoning Commission did feel that the applicant adequately addressed
all these issues and they felt it was appropriate to have the dance studio at this location.
It does come forward to you with a recommendation for approval from the Planning and
Zoning Commission. With that, I will sit for questions.
Corrie: Any questions of Anna?
Bird: I have none.
Corrie: Okay. Is the applicant here this evening or his representative anyway? Raise
your right hand, please. Is the testimony you're about to give to the Council the truth,
the whole truth, and nothing but the truth?
McKinniss: It is.
Corrie: Okay. Thank you. State your name and address, please.
McKinniss: Michael J . M cKinniss, 2345 West Valli-Hi Road, Eagle, I daho. I am the
representative for Sandy at Sandy's Dancework's. She is actually working for a living
tonight, she is teaching as we speak. She is -- I'm employed with a leasing agent, J.L.
Boyd Company. We were the ones that -- with Bob Albrecht here, who is the property
owner, put together this proposal for Sandy's Dancework's. She is currently over in the
Albertson's shopping center and wishes to increase her space to be able to spread out
a little bit. We have been able to do that with the address here with a floor plan, two
units here on 5th Street, and Sandy is quite anxious to get this done and as we -- as
staff has said, we went through all of the issues, I think, in terms of parking and safety.
The way Sandy runs her operation is she has an agreement with each parent that
addresses the safety issues. S he does not allow children to run a round u nescorted
Meridian City Council Meeting
July 15, 2003
Page 7 of 47
outside, so that doesn't -- that doesn't happen. The way we have designed this is we
have that center area on the right is actually an area for congregation, as well as in the
lobby and the showroom, so that the children don't have to go outside. She teaches
both children and adults all the way through and generally confines her teaching to early
morning and evening classes, so during the middle of the day, generally, when business
hours -- when there is other folks around, there isn't anybody in her studio. I think the
rest of this was pretty adequately addressed at Planning and Zoning. I would ask for
any questions if you have any.
Corrie: Any questions of Mike?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I noted in the minutes that they talked a lot about the parking like you're talking
about, but did they place any types of restrictions on the hours or -- because I didn't see
that, or was it just a discussion because of the comfort level of Sandy's, the way she
operates the business? I didn't see any rules or any type of--
McKinniss: No. The main issue, I think, was based on the fact we have an average
number of people per class, do we have enough parking spaces to allow for everybody
in the building to utilize the facility, not only that facility, but the other facilities and the
answer was, yes, we do and that was basically -- there weren't any real rules, I don't
think, that came out of that. There is some on street parking available there, but we
really don't think there IS much need for it, considering that she's early morning and,
then, after 4:30 in the afternoon.
Powell: Mr. Mayor and Council Member Nary, I think a portion of the confusion was that
when staff wrote the staff report they didn't know that this was the last use in the
building that would fill it up. Originally, when it was approved it was thought that there
would be upward -- up to nine tenants, but the tenants have taken larger spaces than
they originally anticipated. This does fill up the building and I think at that point was
when the Planning and Zoning Commission was satisfied that there was adequate
parking during the day and certainly during the evening
McKinniss: Yes. That's correct. Thank you.
Corrie: Thank you. Any other questions?
Bird: I have none.
Corrie: Thank you, Mike.
McKinniss: Thank you.
Meridian City Council Meeting
July 15, 2003
Page 8 of 47
Corrie: Is there anyone else from the public who would like to issue testimony? Okay.
Thank you. Council, any discussion on the record in the Public Hearing?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Just to make one comment. I appreciate the comment that -- the letter that was
sent in about safety, but we do have the Meridian Academy of Gymnastics that's in an
industrial site as well and she operates very safely and I don't think there has ever been
a problem, so I know that this type of operation can do just fine.
Corrie: Okay.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we close the Public Hearing.
Bird: I second it.
Corrie: Okay. Motion has been made and seconded to close the Public Hearing on
Item Number 17, CUP request, 03-027, Sandy's Dancework's. Any other discussion?
All in favor say aye. Opposed no? All ayes. Motion carried. Public Hearing is now
closed.
MOTION CARRIED: ALL AYES
Corrie: Discussion or motion?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve CUP 03-027 request for a Conditional Use Permit
for the approval for a dance studio use in an I-L zone at 269 East 5th Avenue for
Sandy's Dancework's by Sandy's Dancework's, LLC, at 269 East 5th Avenue In
Meridian. To incorporate the recommendation from Planning and Zoning and staff's
report and for the attorney to draw up the Findings of Facts and Conclusions of Law and
Decision Order.
De Weerd: Second.
Meridian City Council Meeting
July 15, 2003
Page 9 of 47
Corrie: Okay. Motion has been made and seconded for the approval of the request for
a Conditional Use Permit. A ny further discussion? Hearing none, roll c all vote, Mr.
Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Thank you. Request for Conditional Use Permit for Sandy's
Dancework's is approved.
MOTION CARRIED: ALL AYES
Item 11.
Item 12.
Item 13.
Continued Public Hearing from June 24, 2003: AZ 03-002 Request
for annexation and zoning of 19.79 acres from RUT to C-G zones for
Callister Development by Dave Callister - southwest corner of West
Overland Road and South Stoddard Road:
Continued Public Hearing from June 24, 2003: CUP 03-001 Request
for a Conditional Use Permit for a contractor's yard for an excavation
company and mini-storage facilities on 5.91 acres for Callister
Development by Dave Callister - southwest corner of West Overland
Road and South Stoddard Road;
Continued Public Hearing from June 24J 2003: CPA 03-001 Request
for a Comprehensive Plan Amendment to change approximately 12.25
acres of the site from mixed-use-neighborhood to commercial for Callister
Development by Dave Callister - southwest corner of West Overland
Road and South Stoddard Road:
Corrie: Now, Item Numbers 11 and 12 and 13, with the Council's approval, we will open
the Continued Public Hearing on the request for annexation and zoning of Callister
Development, also the request for a Conditional Use Permit for Callister Development.
The request for a Comprehensive Plan amendment on Callister Development and open
the Public Hearing on all three and take testimony on all three at one time. If there are
no objections of the Council, I will invite staff's comments first.
Powell: Mr. Mayor, Members of the Council, as you recall, we did have the -- begin the
discussion on this project. It is located at an interesting transition in the fact that -- or
interesting location in the fact that it transitions from a fairly high-end residential
development to some high-end commercial/industrial development to the north of
Overland Road there -- or north on Overland Road. It is kind of a transition property
and you did discuss the Comprehensive Plan amendment and the appropriateness of
that and perhaps what was appropriate next to the substation, the Idaho Power
substation, so -- then, you asked the applicant to address perhaps making the site look
better and they have come back with some proposals to -- for fencing and berming that
-- I think that they would be better off to present to you, so I will leave it at that.
Meridian City Council Meeting
July 15, 2003
Page 10 of 47
Corrie: Okay. Council, any questions of staff? 0 kayo Is the representative or the
applicant here this evening?
McKinnon: Thank you.
Corrie: Is the testimony you're about to give the truth whole truth, and nothing but the
truth, so help you God?
McKinnon: It is.
Corrie: Thank you, David. Name and address.
McKinnon: Thank you, Mr. Mayor, Members of the Council, Dave McKinnon
representing Pinnacle Engineering, address 12552 West Executive Drive, here
representing Dave Callister for this project. As you know from our previous discussion,
this is a project that's been ongoing for close to seven, eight months now. The reason
you haven't heard it as often is because we were waiting for some time to move this
forward with the North Meridian Area Plan. At this point, there were just a couple items
that Anna mentioned that needed to be addressed and I assume you all have a letter
dated July 11th from Clint Boyle of Landmark Engineering detailing our outline for the
fencing proposal, which is as follows. Along Stoddard Road we do have Bear Creek
Subdivision and we had a lot of discussion at the last meeting about how Bear Creek
Subdivision had a vinyl fence, rather than a chain link fence with slats, as we originally
proposed. Now, it's gotten purple. We propose now, rather than having a chain link
fence, we have gotten together with Chuck Elliott of Butte Fence, who did the fencing
for Bear Creek Subdivision and so we proposed to do the exact same type of vinyl
fence as Bear Creek has done for their subdivision. Rather than driving down the road
and seeing a direct transition from chain link to vinyl on one side of the road, that we will
have a seamless vinyl on both sides of the road, very similar to what Bear Creek did,
with a minimum of 20 feet of landscaping per the landscape code. Adjacent to Overland
Road, as you will remember, is about 6.93 acres of property that's not to be developed
at this time, it would be Phase 3 of this project, and we are not proposing any -- okay.
We are not proposing any development at this time, but we have proposed a chain link
fence with slats along this northern boundary of Phase 2 of the subdivision. The reason
for that, rather than vinyl along that area, is we had a contractor's storage yard in there
and, as you know, vinyl is very prone to breaking and it can be run over very easy and
we are dealing with a contractor's storage yard that has large vehicles in there. To
provide a buffer for Overland Road, our applicant has got together with us and we have
decided that a three-foot tall buffer with evergreen trees spaced close to 35 feet on
center with a chain link fence with slats would provide a good buffer from Overland
Road. Overland Road is approximately 540 feet away from this fence line and so you
would have a good visual interference with that type of contractor's storage yard off of
Overland Road. Actually, on this map I guess it would be directly to the east of this
project, as Anna pointed out, Bear Creek is located adjacent to the storage units.
However, on the western -- I guess it would be the northwestern portion of the site, it's a
subdivision that's actually consisting of old neighborhood homes and it has been
Meridian City Council Meeting
July 15, 2003
Page 11 of 47
approved for a commercial use, but right now those uses are limited, because there is
no sewer available to tile site and so there is no development on the other side of the
road. Opposite of Overland Road there is a commercial subdivision that's there, which
is also limited to the types of uses based on the amount of sewage that's available. We
have taken a project that the Comprehensive Plan provided mixed use. In the future
that 6.9 acres can be developed in a commercial way and we are taking the part that's
adjacent right now to an electrical storage -- electrical substation and creating a use for
that that can coexist with that. In addition to the proposal, the only other item that I
remember a great deal of discussion from at the last meeting was a request for a waiver
of tiling the Hardin Drain and it's not our applicant's intent to tile the Hardin Drain,
because it's a large open ditch and there would be no access to that from Stoddard
Road with the fence going across that. At this time I would ask if you have any
questions and end my presentation.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Dave, what is the topography on that? You know, if it was a flat -- a flat
area, I think the berming and the fencing -- and I appreciate that they have come back
and offered those things, but the topography has it so that is really sloped. That
contractor's yard is going to be in full view -- you cannot fence off that site and I guess I
only noticed that when I was driving my kids to Roaring Springs today. Sorry. I'm not
supposed to say that, am I? You know, the topography is just really to where those
houses -- it doesn't matter how tall your fence is or -- you know. I guess the concern of
what it would look like from Overland was lessened after I went out there, but coming
from Stoddard and going up and looking on -- where you're proposing that site. That
contractor's yard is -- no matter how you dress it up from the road it's going to be seen.
McKinnon: Mr. Mayor and Council Member de Weerd, is the question of the visibility of
the site from Stoddard or from Overland?
De Weerd: From Stoddard.
McKinnon: From Stoddard.
De Weerd: From the residential area. I guess last time we heard this, the concern was
that is a nice residential a rea a cross the street t here and w hat a re they going to be
looking at. I don't think I have so much a problem with the storage units n that
contractor's yard, there is not any way you can make one of those look nice and it is
going to be an eye sore and when this application is coming in asking for a change to
our Comprehensive Plan, which had it as mixed use, that's pretty drastic change to a
contractor's yard. I guess that's my only point. Even though they have tried to fix it so
it's visually more esthetically pleasing, there is just no way you're going to make that
contractor's yard visually pleasing and a good neighbor to a good residential area.
Meridian City Council Meeting
July 15, 2003
Page 12 of 47
McKinnon: Thank you. Anna, could you go back to the Site Plan? Thanks, if I could
ask a follow-up question? Mr. Mayor and Council Member de Weerd. Bear Creek
Subdivision -- it's point is right here, and, then, we run into the Queenland Acres
Subdivision with the existing single-family homes that are, you know, pre-70s homes.
Your sight from Bear Creek looking this way would be obscured by a vinyl fence that
runs along Stoddard and, then, have a building directly in front of the storage yard.
Vehicles traveling northbound on Stoddard would have storage units, 20-foot of
landscaping, plus a vinyl fence that matches Bear Creek as they go forward and there
would be, considerably blocked by that fence and landscaping, in addition to the
building, so is the concern coming from Stoddard Road southbound?
De Weerd: No. It's more if you're south of this property and you're looking north, those
storage units are not going to be tall enough to cover what you have in that contractor's
yard, because of the slope that the contractor's yard is going to be on, and I guess that
was my question on the topography. When you look at this as a site for these things,
it's just too difficult to cover. What you would have in that contractor's yard from view,
because 0 f t he s lope of t hat piece 0 f property, a nd its lopes - - that s lope faces that
whole residential area, as well as the residences on the bench above that. That's what
they are going to be seeing. I guess at our last meeting -- and I would have brought it
up there, but I -- none of the maps that we have seen really showed the topography and
what kind of slopes that you were recommending that to be built on.
McKinnon: Mr. Mayor and Council Member de Weerd, I can go back and see if we
have some topography maps. I know that we have one person here tonight to testify
against and that during that testimony I can see if we have some topography maps for
that, to see if t he top was s hot and if I have a copy 0 f t hat a nd I c ou Id p resent the
topography to you at this time. My recollection of the site, having been out on site visits,
is -- Anna, could you go back to those -- the top photos of the site? There was a
relatively flat piece of ground that runs away from Overland Road and from Stoddard.
De Weerd: It is until about the piece where you're suggesting the contractor's yard
would be, then, it tips.
McKinnon: I'll look into that and ]'11 have an answer for you.
De Weerd: Okay.
Corrie: How much trouble would it be to take the slope out and make it leveler lowered?
McKinnon: It would just be something that would have to be done if that was a
requirement of the Council to bring the slope down and direction from Council as to how
much the slope would have to be brought down would be much appreciated.
Bird: I think it's going to be better to fill it up, not -- bring in a lot fill dirt.
Corrie: Is it?
Meridian City Council Meeting
July 15, 2003
Page 13 of 47
Bird: Yes.
Corrie: Okay. All right. Okay.
McKinnon: Any other questions?
Corrie: Okay. Thank you, David. Is there anyone else that would like to testify tonight?
Raise your right hand, p lease. 1st he testimony you a re a bout to give the t ruth, the
whole truth, and nothing but the truth, so help you God?
Schultz: It is.
Corrie: Okay. Name and address, please.
Schultz: My name is Matt Schultz at 660 East Franklin. I'm here on behalf of three
parties, really. I'm here on behalf of Bear Creek, LLC, the project manager of the
development. I have driven by the site probably every day for the last two and a half
years since we started it down Stoddard. I'm also here on behalf of the homeowners
association, which we just last week handed over to the homeowners and in the
meantime we were running it and also as a future homeowner out in Bear Creek and I'd
like to start by saying I do agree with the planning director that this is a -- is a
challenging location in terms of its transitional nature close to residential, as well as the
industrial up off of north of Overland Road. I couldn't agree with -- anymore with
Councilwoman de Weerd's comments concerning the topography out here as well, in
that it definitely is very topographically challenged, I guess you would say, from their
standpoint, to have to try to shield -- you know, shield this thing. I do commend them on
making a valiant effort, but to me it's kind of a bad location. I wish, you know, that the
power station never went there, but it is, and, like I said, two wrongs don't make a right
here in this location. I don't think that this is the right location for it. The storage yard, in
my opinion, even the mini storage -- I kind of envisioned more a little bit nicer
commercial, maybe some office complexes. I don't know. If I was going to have mini
storage on this site I would probably put it up towards Overland myself, but that's just
us. I represent a very -- very nice neighborhood that we take very great pride to
beautify over the last few years and I think this would be kind of a slap in the face to the
residents we have out there. Like I said, the power station was -- you know, we kind of
-- they still haven't even landscaped that. You know, they are just now getting around to
doing that and rather -- they will have to explain that to the residents, now, this one is
going to -- maybe it will get approved, maybe it won't. We would ask that you not
approve it until they come back with something more compatible to the neighborhood.
Whatever does come back or moves on, we would ask that they tile the Hardin Drain.
All the developers have to tile. I don't see why they should have to get away with it.
They are a public safety hazard and I believe open drains and things like that -- we tiled
a significant amount across Bear Creek and I think they should have to tile it and if they
had to re-slope the land to accommodate, they would definitely be filling into that drain
and they would probably have to tile it anyway, so, you know, I guess that kind of covers
Meridian City Council Meeting
July 15, 2003
Page 14 of 47
my point, that we don't feel that this drastic a revision of the master plan is warranted for
this use. If they were" bringing something very v ice and good, yes, sure, we can do
something different than the master plan, but in this case I don't think it's the right
reason to go change the master plan and with that I will stand for any questions.
Corrie: Okay. Any questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Schultz, we had a request the last time -- there hadn't been a lot of response
from Bear Creek at the Planning and Zoning level. Why is that?
Schultz: You know. I'm probably to blame for that. One of the reasons, like I stated
earlier, is the homeowners association isn't fully up and running yet. I saw in the paper
-- I have been real busy lately on some other stuff. I dropped the ball in showing up
here and I do apologize for being so late in the game and showing up here, but I figured
it's better late than never.
Nary: Sure.
Schultz: But the homeowners just aren't organized yet, but I think if they knew what
was going in, if they read the paper more and knew how they could participate, they
would be here and it was kind of a last second thing for me to show up here tonight and
to make this presentation, so I do appreciate your time and, hopefully, you take my
comments into consideration. Thank you.
Nary: Thank you.
Corrie: Okay. Any other questions? Okay. Thank you, Matt. Is there anyone else
from the public that would like to issue testimony? Okay. Hearing none, the developer
has -- representative has -- any comments?
McKinnon: Thank you. Mr. Mayor, Members of the Council, again, David McKinnon
representing the applicant tonight at this meeting. I'm going to address a few comments
that were made by Matt Schultz concerning this project tonight. I'd first like to address
the issue of, you know, how many people from Bear Creek have actually been here to
testify and notices were sent out in accordance with the State Code. Those people that
own those lots adjacent to Bear Creek have the opportunity and still have the
opportunity to testify -- I mean respond to the subdivision, so the noticing was done and
there has been some 0 utreach tot hose people for this type 0 f project. The second
point I would like to address would be the tiling of the ditch. Anna, could you go back to
the Site Plan, please? As we discussed at the previous meeting, the fence that we are
proposing, vinyl fence, would run the full length of Stoddard for the entire project, so
there would be no access to the Hardin Drain, in fact, the Hardin Drain would be
Meridian City Council Meeting
July 15, 2003
Page 150f47
shielded from view from t hose people and there is a fence that surrounds the Idaho
Power substation as well,. so there is no public access to the Hardin Drain, so because
there would be no public access to the drain, there doesn't seem to be any significant
reason to completely enclose the drain if one does not need to be enclosed. That was
very representative of the discussion that we had a few weeks ago on this project. In
regards to the topography of this site, you know, some grading can be done to the site.
I did have an opportunity to go back and look through the notes from this project initially
and it appears that there is a small rise in that area and if that needs to be knocked
down, it can be knocked down. In addition to that, we have proposed a six-foot fence.
The maximum in the C-G zone for fencing height would be an eight-foot tall fence. An
eight-foot tall fence would provide an additional amount of buffering for this project
along the side of the road. The fact that we are talking again about the Comprehensive
Plan amendment and the fact that it shouldn't change, there has been some changes to
the site. The initial work on the Comprehensive Plan initially showed the entire site, not
just the small portion of the site that we are currently dealing with tonight, excluding the
Hardin Drain, as originally proposed on the Comprehensive Plan, the entire site was
shown as quasi-public and so there were some changes. If it were realized that the
power substation was not going to use the entire site for development so, there has to
be some type of use that would be compatible or transitionary to the power substation.
You're typically not going to place a lot of residential homes adjacent to a subdivision.
In addition to that, you typically would not want a large number of people adjacent to
that and adjacent to an open ditch. We have created a use that's transitionary in nature
with the storage units to have a substation that's not going to have a great deal of
vehicular access to that and not a great deal of people. Provides a service to those
people that live in Bear Creek by providing them with storage in a close location to the
subdivision that's already under construction. Again, back to the contractor storage
yard. The contractor storage yard is something that is needed in this area. There is a
lot of construction that's going on in the area and the contractor is in need of a storage
area for his work that is close to the freeway, which this is, and has access to a major
arterial, which is Overland. It's centrally located in the valley where you can get to
Nampa, you can get to Boise City, you can run from Canyon county to Ada County
rapidly from this location. The buffer -- as you requested, we provided an alternative, an
additional alternative is something that we would consider. This is a project that we
would like to see approved tonight and with that I would ask if you have any additional
questions and end my testimony.
Corrie: Any other questions?
Bird: I have none.
Corrie: Okay. Thank you.
McKinnon: Thank you.
Meridian City Council Meeting
July 15, 2003
Page 16 of 47
Corrie: Well, anything that you would like to hear on the continued Public Hearing? Do
you want to have the applicant go back and give you an answer about what you were
thinking about, Mrs. de Weerd, or what's your pleasure?
De Weerd: No.
Corrie: Okay. Is there any other discussion?
Bird: I have none.
Corrie: Okay. I will entertain a motion to close the continued Public Hearing on item --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Before we close the Public Hearing, I just had a comment -- I'm not sure whether
or not -- it might have the applicant respond more, but, you know, I -- maybe Mr.
McKinnon can come back on this, but this contractor yard we have talked about a little
bit and I guess I'm really unclear as to the volume. When we talked about it the last
time, it made it sound like, although a busy operation, a fairly small one. Now tonight
what I heard, which I don't think I heard the last time, was this is a contractor yard that's
going to serve from Boise to Nampa, as well as the Meridian area. That sounds like a
lot more intensive use than I guess I was thinking this was going to be. Do you know
what kind of level of use this is going to be?
McKinnon: Mr. Nary, it's not a large site, it's not an enormous site, but when you're
dealing with contractors, typically contractors don't set their sites on just one location
and move from location to location to location and move their central site. This would
serve as his central site for that and if he has a job in another location, he can go and
have easy freeway access and central valley access from this location. It's not that this
would be a transfer station for a number of different storage -- or contractor companies,
this is a personal one for his business.
Nary: Thank you.
Corrie: Any other questions of the applicant? Okay. I will entertain a motion, then, for
the closing of the continued Public Hearing, if it so be Council's wish.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: I move we close the Public Hearing.
Nary: Second.
Meridian City Council Meeting
July 15, 2003
Page 17 of 47
Corrie: Okay. Motion made and seconded to close the Public Hearing on Items 11, 12,
and 13. Any other discussion? All those in favor aye. Proposed no? All ayes. Motion
carried. Public Hearing is hereby closed.
MOTION CARRIED: ALL AYES.
Corrie: Further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess seeing the topography of that site I have even more concern than I
did when it was just the fence and the view from Overland Road. The applicant has
tried to address the concerns that were brought up at the last meeting, but I don't think
you can address the v isual issues that are posed by the topography. It just makes
staff's reservations even more clear to me on the use and what they are proposing and
why is it that we would change our Comprehensive Plan to accommodate this type of
development. At this point I can't support it, in light of -- it's not designated for this use,
it's -- I think Councilman Nary had raised the comment at our last meeting that just
because it's convenient and it's the only thing that really came to mind, doesn't mean it's
a good use for this piece of property. I know it is a challenge, it will be a challenge, but
a contractor's yard, it just does not mix by a residential subdivision, especially of the
size of Sear Creek Subdivision and that's only my opinion, but that is the reservations
that I have.
Corrie: Okay. Thank you. Any other discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Schultz raised a good point that I was trying to articulate and I think he really
captured what [ think is really important, in that when we are going to amend our
Comprehensive Plan that's our imagineering document of what we think the city can be,
what we would like it to be, what we think -- at the time we put it together and passed it,
what we think is likely to be the type of growth and development and business
opportunities that are going to be there. To change it, I guess for me I have to think that
we are going to get something better than I imagined it would be and this isn't it. This
isn't better than I thought it would be when we approved the Comprehensive Plan. I
think the attempt by the applicant to transition with a storage unit, it's pretty good, I think
that probably is a pretty good use right there. I think there is some value to the
residences that are both currently there and will be there in the future to have that type
of use there. I'm a little concerned about the Hardin Drain, but I think they have also
addressed that as well and I don't necessarily think just because a residential
Meridian City Council Meeting
July 15. 2003
Page 18 of 47
subdivision across the street had to tile it, that they have to tile this one if they find other
ways to address it and-I think they have done that, but this contractor's yard, I'm sorry.
just didn't sell me at all. I just -- that sounds like we took a pretty nice area and decided
let's put a dump right there in the middle of it, because it's just not going to work. I don't
think it fits the area, I don't think it's a good reason to amend our Comprehensive Plan
to put it there and I don't mean to be very negative about it, I just don't think that's a
good area to put it. The one we have approved in the last year and a half is in an
industrial area that is away from homes, it is near the railroad right of way, it really is
built for -- it really is set for that type of area, but this isn't. I mean this is a very busy
street it's on a residential -- or near a large residential subdivision and also near a very
large attraction to the city right up the street. It just doesn't fit this site at all. It's not a
transition, it's not an enhancement to this area, and I just can't see a reason to amend
our Comprehensive Plan to accommodate something to me that just doesn't fit there at
all.
Corrie: Thank you, Mr. Nary. Any other comments? Hearing none, we will entertain a
motion on Item Number 11, request for annexation and zoning first.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I'm wondering from Mr. Nichols, does the order matter? Should we do the
Comprehensive Plan amendment first? I know they are not on the agenda like that, but
Bird: Mr. Mayor, Members of the Council, I think the Comprehensive Plan amendment
issue should be addressed first and, then, the annexation and zoning and, then, the
Conditional Use Permit. I mean that's -- I don't think there is any case law that tells us
one over the other -- an annexation and zoning which is not compatible with the
Comprehensive Plan is still enforceable, but just to be clear, if you're going to approve it
or deny it, you should address the Comp Plan amendment issue first.
Corrie: Okay. If it meets with the Council, we will take up Item Number 13 first, a
request for a Comprehensive Plan amendment to change approximately 12.25 acres of
the site from mixed use neighborhood to commercial for Callister Development.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess I'll see where we go from here. I guess I would move to deny CPA 03-
001, the request for a Comprehensive Plan amendment to change approximately 12.25
acres 0 f the site located at the southwest corner 0 f West 0 verland Road and South
Stoddard Road from a mixed use neighborhood to commercial for Callister
Development by Dave Callister, to incorporate comments of the Council this evening, as
Meridian cay Council Meeting
July 15, 2003
Page 19 of 47
well as in looking at our staff report, I guess I'm unclear a little bit as to what particular
findings, Mr. Nichols, you. think would be necessary for that. I don't see a reference in
the report as to what we have to find like we would in a Variance or a CUP. That's why
you're getting the big money over there.
Nichols: We'll see if you get a second to that.
Nary: I guess I would move that we deny it based upon the incompatibility of the
requested amendment to the surrounding area and that the proposed use for the
amendment is, again, also not compatible, like in a rezone. I think we have to find that
as welL
De Weerd: Second.
Corrie: All right. Then, a motion has been made and seconded. Comments?
Nichols: Mr. Mayor?
Corrie: Mr. Attorney.
Nichols: Members of the Council, the findings would -- are not spelled out in the
ordinance, but I think the issue is, is it compatible with what your vision is for Meridian
and so part of your decision can be based upon the fact that you see no need to change
what was adopted a year ago.
Nary: Then, I guess I would include as part of the motion that it is not reflective of the
vision that was thought of for that particular area and at this particular time, change is
unnecessary.
De Weerd: Second agrees.
Nary: And, then, for Findings of Facts and Conclusions of Law, Decision and Order.
Corrie: Okay. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion for denial is approved.
MOTION CARRIED: ALL AYES
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council Meeting
July 15, 2003
Page 20 of 47
Nary: If we could go back to Item 11 J I would move the denial of AZ 03-002, request for
annexation and zoning of .19.79 acres from RUT to C-G zones for Call ister Development
by Dave Callister at the southwest corner of West Overload Road and South Stoddard
Road. To incorporate the comments of Council and staff this evening in the Public
Hearing, as well as all other staff comments, including the fact that the property would
not -- that the zone requested -- or the use requested would not be compatible with the
zone as currently proposed in the particular property. Because the Comprehensive
Plan amendment was denied, this particular zone that's being requested would not be
approved and it's not compatible for annexation at this time.
De Weerd: Second.
Nary: And for Findings of Facts and Conclusions of Law and Decision and Order. We
need a short hand for that.
Corrie: Okay. Motion has been made and seconded for denial. Any further
discussion? Roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion for denial is approved.
MOTION CARRIED: ALL AYES
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: On Item 12 I would move to deny CUP 03-001, request for a Conditional Use
Permit for a contractor's yard for an excavation company and mini storage facility on
5.91 acres for Callister Development by Dave Callister at the southwest corner of West
Overland Road and South Stoddard Road. To include staff comments, including the
property was not annexed into the city at this time and for counsel to prepare Findings
of Facts and Conclusions of Law, Decision and Order.
De Weerd: Second.
Corrie: Motion has been made and seconded for denial. Any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Denial is approved.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
July 15. 2003
Page 21 of 47
Item 14.
Item 15.
Item 16.
Continued Public Hearing from July 8, 2003: AZ. 03-008 Request for
annexation .and zoning of 34.52 acres from RUT to R-8 zones for
proposed Birchstone Creek Subdivision by Centennial Development,
LLC - northwest corner of West Ustick Road and North Black Cat Road:
Continued Public Hearing from July 8J 2003: PP 03~008 Request for
Preliminary Plat approval of 89 building lots and 7 other lots on 34.52
acres in a proposed R-8 zone for proposed Birchstone Creek
Subdivision by Centennial Development, LLC - northwest corner of West
Ustick Road and North Black Cat Road:
Continued Public Hearing from July 8J 2003: VAR 03-013 Request
for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less
than 400 feet and not more than 1,000 feet in length for Birchstone
Creek Subdivision by Centennial Development, LLC - northwest corner
of West Ustick Road and North Black Cat Road:
Corrie: Next is Items 14, 15, and 16, which works with Birchstone Creek Subdivision.
Item Number 14 is a request for annexation and zoning of 34.52 acres from an RUT to
an R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development,
LLC, northwest corner of West Ustick Road and North Black Cat Road. Item Number
15 is a Continued Public Hearing on a request Preliminary Plat approval of 89 building
lots and seven other lots on 34.52 acres in a proposed R-8 zone for the proposed
Birchstone Creek Subdivision. Item Number 16 is a Continued Public Hearing on a
Variance request to Meridian City Code 12-4-5, requiring blocks to be not less than 400
feet and not more than 1,000 feet in length for Birchstone Creek Subdivision. With no
objections from the Council, we will have all the testimony on all three items and we will
invite staff to comment first.
Powell: Mr. Mayor, Members of the Council, as you -- as we noted before in our
discussion, this is at the corner of Ustick and Black Cat. It is kind of the first
development to go on in this section. As you can see, there are not many small lots
surrounding it. Almost the entirety of the conversation last time was regarding the
required open space and the relationship of the subdivision and the school on that
property. The applicant has come back to you with a revised Site Plan. I'll point out just
a couple of the differences. They did flop the cul-de-sac and it is shown as a full road
right of way in this location now. It's a little hard to see, but this area has been slightly
modified and that path still comes off of the end of the cul-de-sac, and it's just been
slightly relocated. This area, which is the area that will remain in permanent park for the
subdivision and under their ownership, has been enlarged. Then, a new lot back here
has been shown and this would be the area that the homeowners association and/or
developer would maintain as a grassy area until such time that the school developed
the property and, then, that area would, then, come under the ownership of the school
district. The applicant I believe at the last hearing was able to articulate most of these
things to you, but you wanted to see a Site Plan, so that you could be assured of these
things and, then, that's what they have done and I will answer any questions.
Meridian City Council Meeting
July 15, 2003
Page 22 of 47
Corrie: All right. Thank you, Anna. Questions of staff?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Anna, did they change, then, the number of buildable lots?
Powell: No, they did not. I think they were able to shorten up the -- they were able to
skinny up these lots a little bit and get a little more efficient as it came around this corner
and so they were able to maintain the number of lots through there and still open that
up.
De Weerd: Thank you.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: And maybe this is the applicant's question, but on that piece that will eventually
become the school ground, that extra piece we talked about, is that going to be fenced
until that -- until it becomes the school property? Is that --
Powell: That was my understanding and the applicant IS nodding his head in the
affirmative.
Nary: Okay. I assumed that, but I just wanted to make sure that was the case, so --
thank you.
Corrie: Thank you, Anna. Any other questions? Okay. Is the representative here this
evening or the applicant? Is the testimony you are about to give the Council the truth,
the whole truth, and nothing but the truth?
Amar: It is.
Corrie: Thank you. Name and address, please.
Amar: Good evening, Mr. Mayor, Council Members. My name is Kevin Amar at 114
East Idaho, Suite 230. We will be brief, as I think we went over most of this proje~t a
week ago. We are before you this evening and hopefully you got the letter -- correct.
Trying to articulate to some extent what we did do. This project, from discussions a
week ago, centered around the required open space as it pertains to the code, which
we were not meeting and we were requested by this body to meet, so we do have five
percent open space that will remain a permanent part of the subdivision and under
permanent control of the homeowners association at this point. We did add area to this
Meridian City Council Meeling
July 15, 2003
Page 23 of 47
park, so all the open space that we added, is quote, usable, so there is no additional
open space that added. in entryway landscaping. We tried to keep as much usable as
we could and we were able to come up with that five percent open space. We did that
mainly by adjusting these lots around and -- on the prior application we had three lots
that pointed out to the east and we switched one of those going now to the north. The
area that you see in this location, we do have it as a separate lot, more for ease of
conveyance in the future. That will be conveyed to the Meridian School District It will
be fenced in the interim while we -- it will be improved by the developer and, then,
owned and maintained by the homeowners association -- maintained. It will be owned
by the school district, maintained by the homeowners association and until the time the
school goes in. At that time this will become a park or a part of the playground and I
tried to spell that out in this letter. We did meet with Mrs. Powell on Friday to make sure
we were coming back in with a plat that what we thought from the previous discussions
was what you wanted to see and it was determined that we thought we were, so we are
here before you this evening requesting approval or questions, should you have any.
Corrie: Council, any questions?
Bird: I have none. He's done exactly what we asked him to.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Amar, do you think it would be a problem, either as a plat note or a CC&R
condition or even both to indicate, so that homeowners who buy the property there are
going to know that that part will eventually become part of the school?
Amar: I hope it won't be a problem, because we are going to do it
Nary: Right. I can just see somebody five years from now coming back and saying
where did my park go, but I think that way it's just clear to everybody that's the intent.
Amar: What we have found in the past is that it's best not only as a plat note, because
they can grab this and go, great, I live there, they don't read any of the notes on the plat,
even if it's on the plat.
Nary: Right.
Amar: So, we w ill have a plat note, we will have it in the CC&R's and I think more
importantly there will be some sort of sign out here that says this is going to be a school,
it's not going to be an open space forever, just so they know and everybody is
protected. We are doing that in one instance with a sewer lift station lot in this city and I
think it will help out quite a bit.
Nary: Thank you.
Meridian City Council Meeting
July 15, 2003
Page 24 of 47
Corrie: Okay. Any other questions?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Kevin, have you worked with the school district on -- I think it's great that
you're greening up their piece of property. I kind of liked how you had it before, but
have you worked with them as far a s once you do turn it over, h ow you're going to
irrigate that and it will work into their plans? You're just coordinating it with them?
Amar: We are coordinating that with Wendell mostly, the school district. His concern
was that this park area be -- it will be irrigated with fresh irrigation, but under a separate
-- I don't know if you use a separate phasing in the irrigation or something, so when this
is cutoff, it's an easy disconnect from the rest of it.
De Weerd: Okay.
Amar: I'll let my smarter landscape people than I figure that out.
De Weerd: And you will have an access into the school area through that park area?
Amar: Correct. At the time that the school goes in, this will be fenced in this location
and from Mr. Bigham's testimony there will be some sort of pathway there will bollards
or something to that effect, similar to what would be at this pathway. There will be some
sort of bollards. If the Fire Department or some other emergency vehicle needs to get
in there, they can be removed, but people aren't going to be able to drive their -- I think
four wheelers is what Wendell worries most about and snowmobiles from one story he
was telling me.
De Weerd: Thank you.
Amar: Thank you.
De Weerd: Thank you. This looks nice.
Corrie: Anyone else? Thank you, Kevin?
Nichols: Mr. Mayor? Mr. Amar, what's the date on your revised plat, please?
Amar: You're asking hard questions. It was plotted today. July 14, 2003. I have full
size copies if you would like those.
McCandless: Yesterday.
Meridian City Council Meeling
July 15, 2003
Page 25 of 47
Amar: Okay. Yesterday.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I have a question and I don't know if it's for Anna or Bruce or maybe even
the applicant as well. At our joint ACHD meeting the discussion of Highway 16 was on
the item -- was an item of discussion. That will be the connection over the Boise River
from the Star area that would connect up to the Ten Mile interchange and there will be --
I don't know if there is an adjustment in from the center line, what kind of right of way
they need 0 r - - before wed 0 anything 0 n this plat, is that something that should be
discussed? Have you heard anything about this?
Amar: At the time, this plan was approved -- or this Preliminary Plat was approved by
ACHD no discussion of that nature came up. They requested conditions of approval or
we were required to some conditions of approval with respect to the width of the road
and the right of way and things, either we have to dedicate it or set it aside for future
dedication or none of the above. Typically, what we do is set it aside for future
dedication and let the homeowners association maintain it until that time, so it's a nice
greened up space. In my discussions with ACHD is that there is enough right of way or
will be enough right of way -- there is prepared to be enough right of way for any
improvements to Black Cat. Now, I'm not sure where Highway 16 is -- I have lived in
the valley for about 15 years and that crossing over the Boise River keeps moving, so
I'm not sure where it is today. I'm not as informed on those discussions as probably this
body is. But it's my understanding the ACHD is aware of this and has planned for that
in the future.
Corrie: They don't know it and we don't know either. There is a possibility that she's
brought up that -- that will happen. It may go down Ten Mile. We don't know. Just so
you're --
Amar: When I moved here 15 years ago Ten Mile interchange was five years away, so-
Corrie: It's still five years away.
Amar: Still five years away.
Bird: I was going to say, it's still five years away.
Corrie: But it may move fast.
Amar: I could. I hope.
Corrie: Okay. Any other questions?
Meridian City Council Meeting
July 15. 2003
Page 26 of 47
Bird: I have none.
Corrie: Okay. Thank you. Is there anyone else form the public that would like to issue
testimony at this time? Okay. Let the record show that we have two that signed up that
was for Birchstone Creek Subdivision. Okay. Any other discussion before we close the
Public Hearing on Items 14, 15, and 16 of Sirchstone Creek Subdivision?
De Weerd: No. I guess -- Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I would have a question of Anna.
Powell: Yes.
De Weerd: The right of way that's been asked for by ACHD is that for a three or five
lane road?
Powell: I believe it's for a five-lane road.
De Weerd: Okay.
Powell: And, then, I was asking the applicant if the power line -- there is substantial
power lines down Black Cat that cross as to which side of the road they are on, so in
this location they are on the east side of Slack Cat, which would mean that you would
probably be looking for -- if there was a shortage of right of way, you would probably be
looking on this site to -- good question. Oh. I'm sorry. These are not the big metal
ones. That was my concern is where those big -- if those big metal ones were still -- but
they, apparently, go down Ustick, so there is more flexibility in the site.
De Weerd: Thank you.
Corrie: Any other discussion? Okay. Hearing none, I will entertain a motion to close
the Public Hearing on Items 14, 15, and 16 at this point.
De Weerd: So moved.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to close the public -- continued
Public Hearing on Items 14. 15. and 16 on Birchstone Creek Subdivision. Any further
comments? All those in favor say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Meridian City Council Meeling
July 15, 2003
Page 27 of 47
Corrie: Further discussion on Item 14, Birchstone Creek Subdivision, request for
annexation and zoning" of 34.52 acres from an RUT to an R-8 zone for the proposed
Birchstone Creek Subdivision. Okay. Hearing none --
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve AZ 03-008, request for annexation and zoning of
34.52 acres from RUT to R-8 zones for the proposed Birchstone Creek Subdivision by
Centennial Development, LLC. On the northwest corner of West Ustick Road and North
Black Cat Road, and to incorporate all staff, P&Z, and Council and Public Hearing -- and
applicant comments and notes and for the attorney to draw up the Findings of Facts and
Conclusions of Law showing so.
McCandless: Second.
Corrie: Is there a second? All right. Thank you. Motion has been made and seconded
for the approval of the request for annexation and zoning of 34.52 acres from an RUT to
an R-8 zone. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion for request for annexation and zoning is approved.
MOTION CARRIED: ALL AYES
Corrie: Next is the request for Preliminary Plat.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we approve PP 03-008, request for Preliminary Plat approval and that
the lots have changed -- the date on the Preliminary Plat that is approved is July 14,
2003 and, Anna, can I ask what did the lots change to? I didn't--
Powell: The lot count for buildable lots did not change.
Bird: Okay and none of the building lots changed? Okay. That would be approval of
89 building lots and seven other lots on 34.52 acres in a proposed R-8 zone for the
proposed Birchstone Creek Subdivision by Centennial Development, LLC. On the
northwest corner of West Ustick Road and North Black Cat Road and incorporate staff,
Planning and Zoning, applicant and City Council comments, and to draw up the
Findings of Facts and Conclusions of Law and Decision and Order showing approval.
Meridian City Council Meeting
July 15,2003
Page 28 of 47
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion for request for Preliminary Plat approval is approved.
MOTION CARRIED: ALL AYES
Corrie: Item Number 16.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we approve VAR 03-013, the request for a Variance to Meridian City
Code 12-4-5, requiring blocks to be not less than 400 feet and not more than 1,000 feet
in length for Birchstone Creek Subdivision by Centennial Development, LLC. Northwest
corner of West Ustick Road and North Black Cat Road, to incorporate staff, Planning
and Zoning, City Council, and applicant comments, notes, and to draw up Findings of
Facts and Conclusions of Law and Decision and Order showing approval.
McCandless: Second.
Corrie: All right. Motion has been made and seconded. Any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. The request for a Variance is approved.
MOTION CARRIED: ALL AYES
Item 18.
Public Hearing: PP 03-007 Request for Preliminary Plat approval of 36
building lots and 7 other lots on 11.65 acres in an R-4 zone for
Clearbrook Estates Subdivision by R.K. Development, LLC - west of
North Meridian Road and south of West Ustick Road:
Item 19.
Public Hearing: VAR 03-012 Request for a Variance to block length
requirements for a block on the south side of Clearbrook Street for
Clearbrook Estates Subdivision by R.K. Development, LLC - west of
North Meridian Road and south of West Ustick Road:
Meridian City Council Meeting
July 15, 2003
Page 29 of 47
Corrie: We have done Item 17, so we will move on to Item 18 and Item 19. These are
Public Hearings. Number 18 is a request for Preliminary Plat approval of 36 building
lots and seven other lots on 11.65 acres in an R-4 zone for Clearbrook Estates
Subdivision by R.K. Development, LLC, west of North Meridian Road and south of West
Ustick Road. Then, we also have a request for a Variance to block length requirement
for a block on the south side of the Clearbrook Street for Clearbrook Estates
Subdivision by the R.K. Development, LLC. Without any objections from the Council, I
will open the Public Hearing on Item 18 and 19 and hear testimony on both. At this time
I would like to have the staff comments first.
Powell: M r. Mayor, Members 0 f t he Council, this is ani n-fill development 0 n a very
long, very narrow property that has one stub street currently to it, although it shows up
as yellow on this map, it is -- it shows up as white on yours, it just looks yellow from
here. Sorry. Maybe your eyes are better than mine. Pardon me. To the south of the
property is a large creek and that this drawing actually shows the flood plain for that
creek. I wish I knew what the name was. Sorry. The discussion at Planning -- this
does come forward from Planning and Zoning Commission with a recommendation for
approval. There was one letter that was presented in opposition to the project. The
letter is a general letter, concern about the rate of development in the Meridian area,
and just the general growth and development it did not offer particular criticisms about
this proposed Preliminary Plat. The issues that were largely discussed at the Planning
and Zoning concerned whether or not they would put in another landscape island within
the project. Planning and Zoning Commission decided not to require that and, really,
the substantive issue regarded the storm water retention ponds for the property. There
are three of them proposed, one, two, three and four, and they do border on the south --
it's on the -- this is the South Slough along here. The concern of staff was that these
are proposed as lined ponds, so there will likely be standing water in them and that,
thereforeJ they do not really serve an open space function. They did go back and kind
of recalculate those areas, only calculating the usable area around the ponds.
Basically, the -- kind of the perimeter of the pond is all that was -- or the perimeter of the
lot that has the ponds on them is all that was ca[culated in the five percent open space.
The actual area at the -- kind of the floor of the basin was not counted in the five
percent, but they do meet that five percent requirement. Those, as I mentioned, were
the primary issues with Planning and Zoning Commission. We will answer any
questions -- there was a presentation on what these would look like and we do have
those photos that were presented at the Planning and Zoning Commission on how
these lined ponds do appear in the subdivision. Most of them, a s I understand, are
having to be redone, because they are -- they are a challenge for everyone as far as
getting them to look attractive and, yet, still meeting everybody's requirements as far as
separation. With that, I will stand for questions.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
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July 15, 2003
Page 30 of 47
De Weerd: So, Anna, you said that if you used the perimeter areas where they wouldn't
have water, that constituted the five percent open space, but don't we have a
clarification that it has to be usable? What's usable about a perimeter for open space?
Powell: I believe that's a valid concern, Councilwoman de Weerd, and I'm not sure that
when they -- I was not present at the Planning and Zoning Commission on this, so I
don't know all of the testimony that took place. I think that is a valid concern, if you're
just talking about the pathways that go between -- that those also provide pathways to
the slough and there is quite a bit of open space down here provided a part of the
subdivision that's perhaps not showing up well on this drawing, but they have provided a
pathway along the slough and, then, they counted connections from here and I believe
on each side where t here was not -- where there was not a pond and we do count
connections to a pathway system as part of a usable open space.
De Weerd: I guess my other question is you said it was a lined storage drainage pond
and there have been problems with these kinds of facilities in the past. What kind of
problems? Just mosquito breeding area or --
Powell: Here is -- yes. That and as you see them, they are -- there is standing water in
them. This is one that is not lined, so this is one where the water is able to drain and --
but the lined ones are similar in appearance to these ones. There are -- it does provide
grounds for mosquito, beetle larva. Here is another one. As I understand it, this one
has been reworked, and this one was being reworked also.
De Weerd: Thank you.
Corrie: Any other questions of staff? Okay. Hearing none, is the representative or
applicant here this evening?
Cook: Good evening, Mr. Mayor, Members of the Council.
Corrie: Raise your right hand. Is the testimony you're about to give to the Council the
truth, the whole truth, and nothing but the truth, so help you God?
Cook: It is.
Corrie: Okay. Name and address, please.
Cook: My name is Richard Cook I'm with Briggs Engineering, here tonight representing
the applicant. Address is 1800 West Overland Road in Boise. Where to begin. It
seems like the issue that first popped up is the retention ponds, so I will address that
first. The retention ponds are wet ponds and they will be lined with a natural material
called Bentonite that solidifies when it gets wet and that retains the water or keeps the
water from seeping out in a natural drainage fashion. The reason for that is because
the Department of Environmental Quality requires us to maintain a three-foot separation
between ground water and our drainage and with high ground water in areas such as
Meridian City Council Meeting
July 15,2003
Page 31 of 47
this, that makes it impossible to do. They require you to use a wet pond configuration.
Now, what we will be doing in this particular situation is that the South Slough that is
controlled by Nampa-Meridian Irrigation District, we will be submitting an application
taking pre-development flows and running these off into the slough for drainage and the
other thing is that the photographs that were shown of some of the earlier wet ponds I
think is not a fair representation of what we are proposing here. If you're looking at this
detail, you can see that we have quite a bit of landscape. We have the micropaths that
go along between the street -- Indian Rock Street and the proposed greenbelt along the
slough. Plus, we will be using wetland grasses and other trees that will be compatible
with this kind of wet pond usage. The open space that we have not only includes the
micropaths, but it also includes the greenbelt, which is a 25-foot wide greenbelt area
between the rear of the lots along the south side and the top of bank of the South
Slough. It will have a 1 O-foot wide paved pathway, plus landscaping, although it will be
somewhat minimal, you will have some shrubs you will have grass along -- all along the
greenbelt area. That totals up to about nine percent as far as open space is concerned.
The other issue that was brought up was the -- was the street and we did discuss this
during the P&Z Commission Hearing and it was the consensus of the commissioners,
as well as myself, that putting an island in that street anywhere along here would really
not serve any real useful purpose. I find that those types of islands, when you have
them in the middle of a street somewhere, say, for instance, right in here, it can create
problems for the homes that are on the opposite -- opposite side of the island itself for
getting in and out of their driveways and a lot of times it creates problems with people
backing into them or trying to go around the island on the wrong side of the street to
make ingress and egress out of this development easier for them. I believe that if push
comes to shove, we can jut a stop sign in here right at the intersection of Indian Rock
Street and Northwest 3r Avenue, if that become a real issue. That's something I
haven't talked with the highway district about, but I think that would be one method of
slowing the traffic down a little bit. We believe that the development that we are
proposing here is very compatible with the existing developments both to the north and
south of our proposed development and we think that what we have come up with here
is something that's going to fit in well with the neighborhood. With that, I will conclude
my remarks and stand for any questions you have.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: What kind of slopes do you have in your drainage area, the slopes from
where you say you have connecting pathways down to where you're catching your --
Cook: I am not sure. I believe it's a three to one -- three-to-one slope.
De Weerd: And how are you maintaining that? You will have a grass -- are you using
grass?
Meridian City Council Meeting
July 15, 2003
Page 32 of 47
Cook: We are using wetland grasses and trees and shrubs that are compatible with
wetland type environments.
De Weerd: Now, have you considered shifting that drainage area to be directly across
from that street, so you could bulb it out a little bit even there, if you did a little bit of
shift? That's a real straight shot and I have seen what people do on straight shots. Stop
signs don't seem to slow anyone down.
Cook: Well, they are supposed to stop for them.
De Weerd: Well, supposedly. A bulb type of -- you know, I know they talked about a
traffic circle or something, but -- and I appreciate what you said about people backing
out and that kind of thing and that is a problem. If you moved that open space to where
it connects with that road, you could have some kind of a knob or something that could
be enough of a deterrent -- I know we had one kind of on a street that I lived on and that
certainly slows traffic down, they have to, just a suggestion. I am concerned and I do
know you have a high water table there, but those lined drainages -- I think they had it
over there in Coral Creek and it was -- there is an infestation of mosquitoes. It was a
really bad deal. I don't know what t he answer is. I do understand t he lining you're
required, because of the high water table, but are there any other option to how you can
do your drainage?
Cook: Mr. Mayor and Commissioner de Weerd -- I mean Council Person de Weerd, we
have looked at it and we discussed it with staff and during the Commission hearing both
of us agreed that if we had the a nswer to that p articular problem we would be very
wealthy men, because we just can't seem to come up with any other viable solution at
this point. We are trying to comply with DEQ requirements and still handle the storm
water drainage at the same time and they kind of put us between a rock and a hard
spot, if you will, because we just can't seem to make it happen. The best that we can
do is take the majority of the runoff and drain it off into the South Slough, which will
really reduce the amount of water being retained in these particular wet ponds and I'm
trying to do our best to provide sufficient landscaping and wetland grasses in there to
help -- again, help absorb more of the water that will be found in those ponds.
De Weerd: What are you chances to getting permission to drain into the South Slough?
v
Cook: Very good for pre-development flow, yes.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: The Central District Health in their -- in their follow up, they -- Item number ten,
runoff is not to create a mosquito breeding problem and I feel that what -- these storm
drains we are putting in like this -- and I understand the developer is caught between a
rock and a hard place -- that's all they are is a mosquito breeding deal. I don't know
Meridian City Council Meeting
July 15, 2003
Page 33 of 47
what the -- I don't know what the problem is. I know that's high water out there and it
will help if we can dump some of it into the drain, but we are still going to have standing
water out there right at the mosquito breeding time and it does really cause a problem
and I don't know how you solve it, but it's something that we need to solve and the ones
with the pictures that we had here of those things were very disturbing to me, it's very
embarrassing as a councilman to approve and let something like that through and be
out in subdivisions. This is a problem that's got to be taken care of and it's not just a
developer's problem, it's a city problem, and I don't know what the answer is, other than
the fact that we need to quit creating mosquito breeding areas, if at all possible.
Cook: Mr. Mayor, Commissioner Bird --
Bird: We would all be rich if we could -- if we could solve the problem.
Cook: Absolutely. Yes, sir. It was a very easy thing to take care of storm water prior to
DEQ coming up with their new regulations, you know, and you can -- you can construct
a drainage pond that will filter out the large majority of your impurities and what have
you that end up in the groundwater. With the federal regulations being what they are
now, if they get, even you know, a slight increase of impurities in the water that end up
in the river, then, everybody's in trouble. It can create a lot of problems. That's -- that's
what -- that's where DEQ is coming from. Central District Health, I have talked to them
quite extensively about this, and they have various areas that they have created
mosquito abatement districts, but those are largely ineffective, because it takes care of
one particular area and they don't -- you can't put up a wall or a curtain to keep the
mosquitoes from going somewhere else, so it is a universal problem and no one's been
able to come up with a solution yet.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: Are you counting your five percent open space as part of -- your wetlands
there as part of the five percent?
Cook: Mr. Mayor, Councilwoman McCandless, no, we aren't just the micropath
themselves, which is a 15 foot wide landscape strip.
McCandless: Okay. Thank you.
Corrie: Any other questions of Mr. Cook?
Bird: I have none, Mayor.
Corrie: Okay. Thank you. Okay. Is there anyone else who would like to issue
testimony at this time? We have in the -- oh, yes. Go ahead. Is the testimony you are
about to give the truth, the whole truth, and nothing but the truth?
Meridian City Council Meeting
July 15, 2003
Page 34 of 47
Broer: It is.
Corrie: Thank you.
Broer: My name is Chris Broer, 387 Westbury Drive in Meridian and I live in the
subdivision that's immediately south of the proposed site. My concerns are two fold.
One, general concern a bout property p rice, appreciation, in Boise a nd Idaho ranking
4yth, 48th, respectively on -- because I think there is too much general supply of
subdivisions and homes in Meridian, but, aside from that, my true concern is the pond --
the still water that will be immediately adjacent. I live on the street that you can see is
immediately south of the proposed site, right along that barrier there, and I respect that
the developer is working within the guidelines presented to him, but I still am very
concerned about that still water thaes going to be there and the resulting mosquito
infestations that will likely occur. I'm also concerned about -- you can see the respective
common areas within our subdivision and when you look at the five percent that's being
used, most of it is going to be an egress, rather than a -- kind of a common area where
people can gather and so forth. Again, I understand the constraints of that particular
site, but being adjacent tot hat a nd looking how that's being calculated, that t he five
percent really just seems to be a small -- I know it's 25-foot wide, but you can see the
comparison to the common areas in our subdivision. Again, my biggest concern is
about the still water, the mosquitoes, it's right up against where our homes are in the
existing subdivision. I have been there for ten years, so I try to bring the perspective of
a long time homeowner there a nd I'm just concerned about that a nd I did make my
feelings known at the Planning and Zoning meeting as well. I thank you for your time.
Corrie: Okay. Thank you, Chris. Is there anyone else that would like to issue
testimony? Okay. Hearing none, Council, comments? Oh, I'm sorry. There is no more
testimony. Mr. Cook, do you have any rebuttal or -- all right. Okay. Thank you. Okay.
Council?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Brad, I think your department probably gets the bulk of the complaints and -
- and you're looked at for the solutions for some of this. I think ACHD has been
struggling to deal with drainage issues as well. Is there anything different they could be
doing?
Watson: Council Member McCandless -- I'm sorry. De Weerd Mayor and Council
Members. This is a problem that's ongoing recently, probably over the last 12 to 18
months, where state rules, DEO, ACHD requirements, city landscape requirements all
conflict to create this. No one's found it yet, as Mr. Cook has testified, and as Bruce
Freckleton testified during the Planning and Zoning meeting. It's very, very difficult.
The 0 ne thing to point 0 ut i s t hat a Ithough it has happened in the past that N ampa-
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July 15, 2003
Page 35 of 47
Meridian has -- has issued a license agreement for offset discharge, I think we need to
look at this in a worst case manner, because their April 15, 2003, letter specifically says
all storm drainage must be retained on site. That doesn't say that that's not to mean
that they can't work it out as the plans come through, but that's what we have right now.
Corrie: Brad, if they flip-flop the water area to the north side, I guess it is, instead of on
the south side, would that do any good as far as the distance that they could not have
th at --
Watson: Mr. Mayor, there is an existing subdivision immediately north of this as well. It
would be upgrading to South Slough, as we call it, the Finch lateral as Nampa-Meridian
calls it, runs along the south boundary. I'm sure that's why they have their drainage on
the south side, because it's downhill.
Corrie: Shows you what I know. Okay.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Instead of having three different drainage ponds, could they not consolidate
it into one larger area, then, your holding wouldn't be so deep, you would have less of a
slope and you could still drain into the South Slough, but, then, you might even be able
to have usable open space. Is that feasible? Do you have to have it at three different
intervals for storm water drainage reasons or--
Watson: Well, Council Member de Weerd, there are ACHD infrastructure specifications
that may prevent that. That's a very long piece. It may not prevent it, but they may
need to install storm drain piping two-thirds of the way up and down that street, with
drop inlets. That would be rather expensive. Just from a personal viewpoint, I like
when it's spread out over different areas. In fact, if we had the borrow ditch, similar to
like Haven Cover Four or Five, I think they had some groundwater problems at the time
and they experimented with no sidewalk on one side. The more you concentrate storm
water t he bigger a problem it becomes, generally. That's purely f rom a storm water
perspective. Maybe there are some landscaping benefits that would offset that.
Corrie: Any other questions? Okay. What would you -- like to close the Public Hearing?
You want to continue the Public Hearing for answers, approve it, or deny it? It's up to
the Council.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Meridian City Council Meeting
July 15, 2003
Page 36 of 47
Bird: If we don't have any more Public Hearings -- or public comments, I move that we
close the Public Hearings for PP 03-007 and also V AR 03-012, for Clearbrook Estates
Subdivision by R.K. Development, LLC.
Corrie: All right. Motion has been made to close the Public Hearing. Is there a second
to that?
Nary: Second.
Corrie: There is a second. Any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I would like to see this continued to make sure. I think that Brad had raised
a comment in the -- the irrigation district's letter about storing water on site. That really
would eliminate the ability to drain into the South Slough. You know, I would like
clarification on the reason for that comment and -- because I see that as at least helping
lessen the standing water issues and those drainage issues or drainage areas to help
alleviate how much standing water is there and I think that has to be a real -- it is a real
serious concern. The drainage in the South Slough lessens or at least mitigates it to a
certain extent and I would like to hear their answer before -- so that would be
considered new testimony. I'd like to hear about that before we close the Public
Hearing.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: What you brought up, Tammy, I did not see that as a condition of approval from
Planning and Zoning or the staff, the -- being able to drain that into the ditch, but maybe
it was. I could have missed that. I didn't see it as an approval. It was something that I
think Mr. Cook just stated up here that he felt he could get approval to do that when we
asked about standing water. I have a lot of concerns on that standing water, but I don't
know how we are going to solve it when you have -- when you have the federal
departments out here mandating that you do it that way. Certainly, the developer and
the Council and the Planning and Zoning and the staff are between a rock and a hard
place and I -- the letter from -- that Brad had, I have not seen that in this -- in this deal at
all. I don't think it was part of this application here. I don't know. Maybe it was.
Corrie: Brad?
Watson: Mr. Mayor. It did make it into P&Z's recommendations, but that's one of those
things that happen outside of the city's purview where ACHD will have to be a party to
the license agreement with Nampa-Meridian, because it's serving their right of way. It's
Meridian City Council Meeting
July 15. 2003
Page 37 of 47
not one of those things that the city enforces and Mr. Mills is here tonight, maybe he
could speak to that a little bit more specifically, but we don't -- or at least when I sign a
plat I don't just look at the city's conditions, I'm looking at other agencies' conditions as
well and that's one that has popped up from time to time that causes problems.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I would like to hear from Mr. Mills, but we have two -- we have
conflicting requirements. We have DEQ saying you have to line it and you have Central
District Health saying you can't create a mosquito breeding area and I know we have
had problems in other subdivisions. We can't continue to stick our head in the sand on
this issue. We need to find something and incorporate it into our findings and make it a
conditional of approval. I don't know what that is. If we don't start figuring it out, we are
just going to be furthering the problem and getting nowhere.
o
Mills: Is there a question there?
Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but
the truth, so help you God?
Mills: Yes.
Corrie: Name and address.
Mills: Bruce Mills. Ada County Highway District, Garden City.
De Weerd: Bruce, I guess the question is more on the license agreement and maybe
Brad could phrase the question better than I can.
Watson: Sure. Specifically, the question is when you approve the storm drainage
plans for the public right of way and discharge into a jurisdictional stream that is under
Nampa-MeridianJ the developer and you and the irrigation district, from what I
understandJ enter into a license agreement.
Mills: That's my understanding as well.
Watson: And that's not handled through the city, we are not a party to that agreement.
ACHD reviews those plans we don't. We don't approve those plans. That's why it can
get around our findings, the city's findings, and sneak it's way in on the backside.
De Weerd: So, that, in essence, can be some of the problem that if we don't list it as a
condition and you can't secure the license agreement for drainage into the natural
stream, then, they don't drain anywhere, they just retain the water and let it evaporate,
is that correct? I know you -- .
Meridian City Council Meeting
July 15, 2003
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Mills: Mr. Mayor and Councilwoman de Weerd, I'm not as up on it as our development
review section is as far as the requirements. I do know that, yes, this has been a very
difficult problem in these areas with high groundwater and, as the applicant stated
tonight, with t he new changes with D EQ and this separation, you can no longer just
allow it to filter into the ground as we did in the past. As the pond fills up, the wet pond,
it's still my understanding that there needs to be some type of a n outlet to get, you
know, it released at the predevelopment rate, which is why I think it is going to be
important that that percentage of the water be allowed to f low into Nampa-Meridian.
Now, if that's not allowed to happen, that would be a very undesirable situation, as you
said, because just waiting for it to evaporate could take a long time. The other problem
that we have seen in these subdivisions is that, you know, it doesn't take rain, where
everyone's irrigating it just tends to all flow to the low point and sit there from just water,
sprinkling.
De Weerd: So, where in the process with ACHD does this license agreement come up?
Where do you hear from Nampa-Meridian that that would be allowed?
Mills: When the construction plans come to us for the Final Plat, during that period of
time that's when all of these situations get ironed out.
De Weerd: Wow. I guess is there any way we can get a commitment for that drainage
before we make a decision?
Mills: Mr. Mayor, Councilwoman de Weerd, the only thing I could say is if the applicant
isn't -- and maybe they are in a time critical situation. Perhaps deferring this I could get
some better answers for you on the exact procedure that we are going to go through at
ACHD.
De Weerd: Thank you. Since we still have a motion on the table to close, I would like
to consider his offer and if see we can get further information on that. If the commitment
can be made at a pre-approval stage, that is where we would like it.
Corrie: But right now, you say it's at Final Plat.
Mills: Correct. That's correct.
De Weerd: With construction plans.
Mills: And I also know that there are some irrigation districts that do not want to allow
any flow into their systems at all. I don't know where -- I'm sorry, I don't know if Nampa-
Meridian is one of those, but I can find that out.
Corrie: Thank you. Mr. Cook, would you come here just a second? How much time
have you got to do all this or not?
Meridian City Council Meeting
July 15, 2003
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Cook: Mr. Mayor, Members of the Council, I'm sure you have heard this before, but
virtually none. It really. is. in this particular situation a very time critical process that we
are involved in. I have no problem with contacting Nampa-Meridian Irrigation District.
In fact, I have already got the application completed and a check from the developer
ready to go to Nampa-Meridian within the next two days just for this particular issue and
we will be coming back before the Council for the Final Plat. I don't have any difficulty
whatsoever, as soon as I get word from Nampa-Meridian to forward that on for Brad
Watson or the Council, via a separate letter or whatever, but I would request that we be
allowed to go forward with our Final Plat process and not hold up the Preliminary Plat at
this time.
Corrie: I don't know whether that satisfies you or not.
Bird: I think that we need to -- we have ways to do it, we have got on here -- we have
got a motion before the floor, let's have a vote and see which way we want to go and I
think there is still ways to come back and -- and this is something that is a problem for
more than just this development and I agree with Tammy, something's got to be done
with getting these recommendations out and this is a bad situation, but we don't stop it
on just one -- we don't start stopping it on one. This is a problem that is throughout the
city it's not just one deal. I would ask for the question. Let's vote.
Corrie: Okay. The question has been asked for and the question is to close the Public
Hearing. We have had a motion and a second. All those in favor say aye. Opposed
no. All right. Motion dies. What's your pleasure now?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I would like to continue this Public Hearing and I would defer to either the
applicant or ACHD -- one week. Is that sufficient? In getting an answer on when or if
we can get an answer on if they can drain into the South Slough. Also, I would like to
get some additional information on how in these lined ponds mosquito abatement can
be -- what kind of plan could be worked into it, because I would like to see a plan
adopted as one of the conditions and perhaps in the CC&R's of the -- which we have
nothing to do with, but I would suggest that maybe that plan be incorporated as well.
We have to d raw a line in the sand somewhere a nd I know in-fill projects a re really
limited with the amount of space they have to do, but this is beginning to be a serious
problem, it exists today in our older subdivisions, but it doesn't mean that we need to
continue to approve them and further the problem. We might take this opportunity and
see what -- what -- I'm sorry -- what solutions are out there.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council Meeting
July 15. 2003
Page 40 of 47
Nary: In addition to that, I guess we haven't had a tremendous amount of discussion. I
did hear Mr. Cook's testimony regarding the traffic on the street. I am not in favor of
stop signs as alternatives to traffic calming and I agree with Councilwoman de Weerd
that I can't see why some traffic calming device cannot be in this location. You can
certainly change the storm water pond to a slight enough degree or simply -- simple
change the access for this lot and this lot enough to allow some type of island or
something in this location. J don't want to leave it to a stop sign at some point in the
future. Again, I don't really think that's the best alternative. I think that that's something
I would like to at least -- the applicant to consider before they come back, but right now,
based on the way this is designed and laid out, I couldn't support it, in addition to these
concerns about the storm water pond. I just think it's a very dangerous roadway we are
creating and an environment that's more of a danger than a plus and I think it can be
remedied with some very simple engineering in that spot to help slow down some traffic
and I just would like to see some creativity towards that.
Powell: Mr. Mayor, Members of the Council?
Corrie: Anna.
Powell: Could I ask -- the city engineer brought up briefly a discussion of the borrow pit
concept with flat curb or a ribbon curve where the storm water would be retained the
entire length of the street potentially on both sides as a way to disperse that. I'm not
sure if Meridian has had many of those types of situations. I know that they are
occurring in Eagle. They have been in for about year now and I'm not sure how
effective they have been. Would that be something you're willing to consider in this
situation? Some communities, quit frankly, just say, no, we don't want it, we want
straight -- you know, we want vertical curb and that's the end of the discussion, kind of,
but, basically, the water f lows off the street into a narrow borrow ditch. T he trick is
getting the homeowners to leave that borrow ditch there, rather than filling it in, but I
think that the development communities have come up with some ideas on how to do
that. Would you be even willing to entertain that, if the developer is willing to work with
staff to maybe find a solution that way, possibly?
Corrie: Isn't there something on Haven Cove that did that? Was that working? Okay.
Because I remember Haven Cove coming in here and talking about that and they were
doing that and I didn't -- haven't heard anything pros or cons, but --
Watson: Mr. Mayor, I know it worked for at least a couple years, but it's probably been
a couple years since I have been out there.
Corrie: Okay.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Meridian City Council Meeting
July 15, 2003
Page 41 of 47
Bird: Mr. Mayor, I agree, let's -- we are open, I believe, for anything -- to try anything
and I think it has been -:- l think that has been successful and I think it was Haven Cove,
wasn't it, Brad, and -- J think it was successful.
Corrie: Okay.
Bird: Anything. Anything.
Corrie: Was that a motion, Mrs. de Weerd, to continue it until July the 22nd?
De Weerd: Mr. Cook would one week give you enough time? Staff, one week or are
we okay with --
Cook: Mr. Mayor, Councilwoman de Weerd, I hope so. It will have to be via some
phone conversations and maybe something verbal coming from Nampa-Meridian.
Generally, it's taking them several weeks to process their applications. I'll do what I can
in that regard. As far as the traffic calming is concerned, I don't see where that would
be a major problem at that intersection. The answer to staff's question about the borrow
ditch, it's a requirement by ACHD that that's only permitted when you have lots that are
one acre or larger in size, otherwise, no borrow ditch.
Powell: They have approved them on less. I know for a fact. Sedona Creek in Eagle is
10 to 16,000 square foot lots. They are larger 10tsJ agreed, but they -- it was
considerably less than an acre.
Cook: That must have been a policy waiver or something that was requested and
approved by the ACHD commissioners, because t heir policy does state you have to
have one acre lots or greater.
Corrie: We will have our staff look into for you, too, so make sure.
Cook: One week, we will certainly accept that and try to come back with some firm
answers and if I can get something in writing from Nampa-Meridian on acceptance of
storm water and understand that's pre-development flow on the storm water and,
generally, they are accepting pre-development flows into their sloughs and ditches, so
we will see where that takes us.
Corrie: Okay. Thank you, Mr. Cook. Bruce, would you like something to -- you had a
look on your face like you want to talk.
Mills: Actually, it was the same thing, Mr. Mayor that we will only allow them on one
acre. We have tried a couple of subdivisions with some smaller lots -- not this small --
on a trial basis. They have been longer lots to where we have said put the swale
towards -- in front of the sidewalk towards the road. I don't know that it would work on
these, but that's the ones that we have done it on a trial basis and the jury is still out on
those.
Meridian City Council Meeting
July 15, 2003
Page 42 of 47
Corrie: Okay. Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we continue the Public Hearing for Items 18 and 19 to July
22nd,2003.
McCandless: Second.
Corrie: Okay. And that's for both of them. Okay. We have a motion and a second to
continue the Public Hearing on Item PP 03-007 and Variance 03-012. Any further
discussion? All those in favor of the motion say aye. Opposed no? Motion carried.
There will be a continuance of these two until July 22nd this year.
MOTION CARRIED: ALL AYES
Item 20.
Continued Public Hearing from June 10, 2003: Dust Abatement
Ordinance:
Corrie: Item Number 20 is the continued Public Hearing from June 10,2003, on a Dust
Abatement Ordinance. At this time, [ will open the Public Hearing -- the Continued
Public Hearing and have staff's comments first.
Powell: Mr. Mayor, Members of the Council, at your last hearing -- I'm not sure that --
well, we talked about the dust ordinance and what was occurring in the rest of the
county as far as what applications they had or what they were processing and there are
no dust abatement ordinances being done in the county. Boise City, through its storm
water regulations, has done some track out provisions for tracking mud onto city streets,
but there is -- nothing has been done in the name of dust abatement. Some of the cities
like Kuna and Eagle have -- have looked at their burn ordinances as far as air quality is
concerned, but there is no one doing dust abatement ordinances in the county at this
time. When we left it last time I believe it was so that you all could discuss it at
Compass, rather than -- you didn't direct staff to prepare anything additional for the
hearing and it was I believe going to be a discussion with your COMPASS board to see
where you may want to go with this ordinance at this time. That's alii have.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I believe Anna was right you and Tammy were going to discuss this at Compass
and see what has come, because I think it's just something that until everybody gets on
board -- all the municipalities, including Ada County. It's not going to do us a bit of good
Meridian City Council Meeting
July 15, 2003
Page 43 of 47
to sit here and argue or hear public comment or anything else until this goes -- I mean
it's got to be countywide or no wide. I don't know, I'd like to just completely pull it off the
agenda and --
Nary: Second.
Bird: - - redo it. That's -- I move that we pull this dust abatement 0 rdinance 0 ff t he
agenda until further stuff has been brought forward through COMPASS, which I think is
going to have to probably lead it.
Corrie: Okay. Motion has been made and seconded. Any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I don't want to see this drop off the radar screen. At least maybe
the city can write Compass a letter and say we have a draft that's been pending
comments from Compass and how it would correlate with a regional wide effort on dust
abatement ordinances countywide and maybe even region wide and look for their
direction on bringing a more uniform code that would be brought to the different areas to
adopt.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: You're always a lot nicer than I am. Were you looking at a letter to simply just
say we are not going to visit this at this time and -- I guess I look at Compass as just a
membership group that we belong to, they are the ones that pushed this, they are not
really pushing it at the moment. I don't -- I think if we are going to write them a letter, we
should say we are not going to push this at the moment either. If the Compass as a
group wants to revisit this issue, we will certainly listen to that. Otherwise, I mean I don't
see the point in really doing -- I don't want to set this over again, it seems like a waste of
time. I don't have a problem in writing them a letter, but I think the letter should really
simply be that we are not going to revisit this right now, unless there is a need to revisit
it in the future and COMPASS wants to push for that, we will certainly consider it.
Bird: I agree with Councilman Nary.
Corrie: That's probably the best waYJ because I have a feeling COMPASS is not going
to do anything now.
Bird: I think it went off of their radar.
De Weerd: Mr. Mayor?
v
Meridian City Council Meeting
July 15, 2003
Page 44 of 47
Corrie: Mrs. de Weerd._
De Weerd: The whole reason we started on this was because it was COMPASS driven
and just because they have a little political pressure, they have backed off, it doesn't
mean that our community shouldn't at least be responsible to these certain things. I
agree that we shouldn't be the one and only community in the county, because,
unfortunately, the air doesn't stop at the city limits. I think we need to put it back to
them, who initially brought it to us and said you guys need to start working on this. Our
staff didJ brought a document, it seemed like everyone else backed off, and we need to
ask them why. You know, we started this process because it was an issue, because
there was a lawsuit, because there is an air quality issue in this region and we were
trying to be responsive to that. Now, they also need to step up to the plate. If they say,
hey, air quality is not an issue anymore you don't need it, fine.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
v
Nary: Yes. I mean n and maybe we are just talking about a little bit of a semantic
difference. I mean I guess I'm not sure what end we are going to get from that, but I
think we just do need to make it clear to Compass that we did attempt to address this,
we were looking at this on their urging. It doesn't appear to be an issue now until it
becomes a very countywide or region wide issue, whether or not we are going to get a
response from the Compass director as to why they don't seem to have a real priority
for it now. I don't know that we are going to get anything. I just don't want to put it back
on the agenda again. Send them a letter.
Bird: I've seen enough of it.
De Weerd: I don't either.
Nary: That's fine. How we work out the wording on it is -- doesn't matter that much to
me, I just want to make sure we put it to bed and be done with it for the time being.
Bird: We got a motion and second.
De Weerd: Mr. Mayor, at least it allows you to bring it to executive committee and ask
for a response.
Corrie: Yes. I will. Primarily they are talking about PM 10, now they are down to PM
2.5 and the PM 10 is well below the levels of federal standards. I think that's one of the
reasons that they have kind of put it in the back burner, anyway, so -- attorney.
Nichols: Mr, Mayor, Members of the Council, I just would recommend that in the letter
you indicated what's been the case, which is that you're willing to work on a countywide
Meridian City Council Meeting
July 15. 2003
Page 45 of 47
solution, but if -- it needs to be a countywide solution. COMPASS can have a role in
doing that in this air shed, but when COMPASS as a whole achieves a consensus of
what items ought to be covered in some sort of air quality ordinance, then, those things
can be addressed by the individual community members of COMPASS. Until that
consensus occurs, that you're stopped.
Nary: This is something Mr. Nichols or maybe Mr. Smith might want to write this letter.
Corrie: I can work on that. I'm pretty good at talking to them. Yes, I think so, we need
to have it a countywide issue, and it can be done, so we will -- I Will do it. Okay. Then,
we need a motion or --
Bird: We have a motion and second.
Corrie: Okay. Motion made and second. Is there any further discussion? Hearing
none, roll call vote, Mr. Berg, just to make sure.
Berg: Thank you, Mr. Mayor, Members of the Council. Just to summarize, this is a
motion to pull the item off the agenda.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. The item is pulled.
MOTION CARRIED: ALL AYES
Item 21.
Tabled from July 8,2003: Ordinance No.
Fence Variance Ordinance:
Corrie: Now, tabled from July 8th, Ordinance Number 03-1030, Fence Variance
Ordinance. We'd like to have the City Clerk read the ordinance by title only at this point.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1030, an
Ordinance of the City of Meridian amending Title 11, Chapter 1, to add a new Section
11 on Appeals and Title 12J Chapter 4, Section 10-J of the Meridian City Code, Fence
Variance Procedure providing for a waiver, instead of a Variance, providing for
administrative review to be conducted by the Planning and Zoning Administrator or
designee and deletion and addition of language and providing an effective date. The
Cherie McCandless ordinance.
Corrie: The Cherie McCandless ordinance.
Nary: Let the record reflect that it's the McCandless ordinance. Yes.
Corrie: Is there anyone from the public that would like to have the ordinance read in its
entirety? Hearing none -- I hate to see that skunk go. I'm getting rather fond of it.
Meridian City Council Meeting
July 15, 2003
Page 46 of 47
Powell: Oh, wait until you see this. Now give it a moment. There we go.
Bird: I think Councilwoman McCandless should make this motion and --
Corrie: Mrs. McCandless, a motion?
McCandless: Well, Mr. Mayor, I have read through this, It hink it's wonderful, and j
would move that we accept Ordinance Number 03-1030, Fence Variance Ordinance
and with suspension of rules.
Bird: I second that.
Corrie: All right. Motion has been made and seconded to approve Ordinance Number
03-1030, Fence Ordinance -- Variance Ordinance with suspension of rules. Any further
comments?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: ['m just glad that that personal interest ordinance isn't on the agenda this week or
I think Mrs. McCandless might not be able to vote on this one, but I think we are ready
to go forward.
Corrie: Well put. Well put. Roll call vote, please, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Boy, I'm sure glad I didn't have to break a tie. Okay. The Ordinance Number
03-1030 has been approved with suspension of rules.
MOTION CARRIED: ALL AYES
Corrie: Looking at the time, I was figuring we would be out of here about 12:00, so
nothing else is on the agenda. j would remind the Council that we do have the meeting
Thursday morning at 8:00 here at the chambers for budget hearings and with that j will
entertain a motion, then, if nobody has anything else, to adjourn.
De Weerd: So moved.
Corrie: Do I hear a second?
Nary: Second.
Corrie: Motion has been made and seconded to adjourn. All in favor say aye.
Meridian City Council Meeting
July 15, 2003
Page 47 of 47
MOTION CARRIED: ALLAYES
Corrie: Okay. 9:15. Thank you.
MEETING ADJOURNED AT 9:15 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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** TX CONFIRMf-i,10N REPORT **
(
AS OF JUL 14 '03 16:14 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
02 07/14 16:12 2888980716
MODE MIN/SEC PGS CMD~ STATUS
G3--S 02' 48" 004 161 OK
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 15,2003 at 7:00 p.m.
City Council Chambers
1. Roll.call Attendance:
Tammy de Weerd
_ Cherie McCandless
_ Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda;
3. Consent Agenda;
A. Approve minutes of July 1, 2003 City Council Regular Meeting:
B. Findings of Fact and Conclusions of law for Approval: reu
03~001 Request for a Transfer of Conditional Use Permit for a
Child Care Center in an R-8 zone for All About Kids by Zejna
Garibovic and Kathy Sokoli - 1155 East Chateau Drive:
C. Findings of Fact and Conclusions of Law for Approval: PP Q3-
006 Request for Preliminary Plat approval of 17 building lots and 2
other lots on 10.17 acres in C-N and R-40 zones for Devon Park
No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue:
D. First Addendum to Development Agreement: Ml 02.001
Request to Approve Amendment to Development Agreement with
John and Alberta Sonntag for the Meridian Hampton Center
Development - new owners Eagle Road, LlC:
E. Findings of Fact and Conclusions of law for Approval: MI 03-
001 Request to modify approved final plat lot lines, move approved
hotel and office locations, reduce hotel size to 80 rooms and
increase office building area for Fallon Greens Subdivision (fka
Hampton Inn Subdivision) by Pinnacle Engineers, Inc. -
southwest corner of South Allen Street and Gentry Way:
F. Amended Findings of Fact and Conclusions Of Law for
Approval: CUP 01-044 Request for a Conditfonal Use Permit for
one 92 room hotel, one single story office building and one two
l-foridillll City COUllcil AgeaIa- July 15. 2003 Pll801 of4
Allllltlleriu1s Pffiltt\ll:d at INblic meetings 'blIU bccomll property ofllu: City ofM<Tidiau.
Anyon" dcllinngsccommodatilll1 r.". diMb~ n:lalcd 10 doCUEl1Cl:llS andl".1t~
ploue c'OWlet !he CityClt:tk'~ offiCI> ~t lISS-4oU3 1IlleilSl48 hours prior 10 1he public nwl1ring.
*'" TX R~T ION REPORT *'" AS OF JUL 16 '03 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STA1US
01 07/16 07'23 3810160 EC--S 02'19>> 004 193 OK
02 07/16"e7~26 PUBLIC WORKS EC--S 81'22" 804 193 OK
03 07/16 87:28 12084664405 EC--S 81' 23" 004 193 OK
134 07/16 07:38 2008467366 EC--S 01'23" 004 193 OJ<
135 07/16 07'32 8985501 EC--S 131'21" e04 193 OK
06 07/1607'34 LIBRARY EC--S 81'49" 004 193 OK
07 07/16 07'36 92093776449 EC--S 01 '21" e04 193 OK
88 07/16 07:38 208 388 6924 EC--S 01 '48" 084 193 OK
89 07/16 07'41 2B88886854 EC--S 01 '28" 884 193 OJ<
18 07/16 07:44 208 387 6393 EC--5 81' 22" 004 193 OK
11 07/16 07:45 ADA C1Y DEVELMT G3-S 02'22" 084 193 OK
12 07/16 07:48 208-888-5052 EC--S 01'24" 004 193 OK
13 07/16 07'50 CHERRY LANE EC--S 01'48" 004 193 OK
14 07/1607'53 POST OFFICE EC--S 02' 19" 004 193 OK
15 07/16 07'56 IDAHO ATHLETIC C EC--5 01'22" 004 193 OK
16 07/16 07'58 lD PRESS TR1BWE EC-S 01'22" a04 193 OK
17 07/16 08:00 20a 888 6700 EC--S 01'21" 004 193 OK
18 07/16 08:04 8841159 EC-S 81'23" 804 193 OK
19 87/16 08'66 2088840744 EC--S 81' 22" 004 193 OK
20 07/16 08'09 69503913 EC--S 01'21" 004 193 OK
----------------------~---------------------------------------------------------------------
CITYOFMERIDlAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday. July 15, 2003 at 7:00 p.m.
City Council Chambers
1. Roll-caJl Attendance:
1-- Tammy de Weerd ~ Bill Nary
~ Cherie McCandle-ss ~ Keith Bird
~ Mayor Robert Corrie
2.. Adoption of the Agenda: a.f1rroV'<. ItJ a.n.~.....u v<-
3. Consent Agenda: ~ V'-<-
A. Approve minutes of July 1. 2003 City Council Regular Meeting: 4.,prov-<..,
B. Findings of Fact and ConGlusions of law for Approval: TCU
03.001 Request for a Transfer of Conditional Use Permit for a
Child Care Center in an R-8 zone for All About Kids by Zejna
Garibovic and Kathy Sokoli - 1155 East Chateau Drive: 4??fT'NJv<"
C. Findings of Fact and Conclusions of Law for Approval: PP 03-
006 Request for Preliminary Plat approval of 17 building lots and 2
other lots on 10.17 acres in C-N and R-40 zones for Devon Park
No.2 by Fairview Lakes, lLC - 824 East Fairview Avenue: ap p-n:-WL
D. First Addendum to Development Agreement: MI 02-001
Request to Approve Amendment to Development Agreement with
John and Alberta SonntaQ for the Meridian Hampton Center
Development - new owners Eagle Road. llC: app-rt'....~
E. Findings of Fact and ConclusiOns of Law for Approval: MI 03-
001 Request to modify approved final plat lot Jines, move approved
hotel and office locations, reduce hotel size 10 80 rooms and
increase office building area for Fallon Greens Subdivision (fka
Hampton Inn Subdivision) by Pinnacle Engineers, Inc. -
southwest corner of South Allen Streel and Gentry Way: ~;n-P I"<.-
F. Amended Findings of Fact and Conclusions of Law for
Approval: CUP 01..044 Request for a Conditional Use Pennit for
one 92 room hotel, one single stOlY office bullding and one two
Mc:ridi.an CilyCql,lR,;l1 AJ-codrL- JuJ)'..ts,:2003 P't;~l "t'4
All ~ 111"'''''''0 ot. pub5omc<tl.S".hall b_m. pttlp<n)" .fth. City .fMeridj4ll.
l\lIyo.nc- dcs.iriag l<<-cnnmoGWOJI-rot 4it.a!Ii1it~ I'dalaJ to Wi.'laDI'Ed,- lJ.tId/<< ba1riDp
plwc<<>""'<tlb. City CInkO, om.. a\ US44~~ ..1<Ut~~ hoIlIO "iorl.1ho publk lDI";"g.
** TX RMATJON REPORT ** PiS OF JUL 11 'I'li 20 PAGE. I'll
CITY OF MERIDJAN
DATE TIME TO/FROM MODE MIWSEC PGS CMDll STATUS
I'll 1'l7/11 14:49 2eee467386 EC--5 01'1'l4" 003 128 OK
02 1'l7/11 14:50 8985501 EC--S 01' 02" 003 128 OK
03 07/11 14:52 LIBRARY EC--S 1'l1'23" 1'l03 128 OK
104 07/11 14:53 92003776449 EC--S e1'1'l2" S03 126 OK
1:\5 07/11 14:55 206 388 6924 EC--S 01'23" 003 128 OK
06 07/11 14:57 2eeeSS6654 EC--$ 1'l1'03" eB3 128 OK
07 07/11 14:58 121084674538 EC--S I'll'03" 1'l1'l3 128 OK
08 07/11 15:00 8951'l390 EC--S 01' 02" 003 128 OK
09 07/11 15:02 Laurel EC--S 01 '05" 1303 128 OK
113 07/11 15:03 208 387 6393 EC--S 01'03" 003 128 OK
11 07/11 15'05 ADA CTY DEVELMT G3--S a1'48" e03 128 OK
12 07/11 15:07 208-886-5052 EC--S 01'03" e03 128 OK
13 07/11 15:09 CHERRY LANE EC--S 01'23" 0133 128 OK
14 07/11 15'11 POST OFFICE EC--S 01'51" 003 128 OK
15 07/11 15:13 IMHO ATHLETIC C EC--S ell' 03" 0133 128 OK
16 07/11 15:15887 0816 G3--S 02' 133" 003 128 OK
17 07/11 15'18 ID PRESS TRIBUNE EC--S 01'133" e133 128 OK
18 07/11 15:19 208 888 6700 EC--S 01'1'l3" e03 128 OK
--------------------------------------------------------------------------------------------
1> ~CtSe..- ~ oS+" :ft,y 1{,d~c.. Yt,(fh'&, - Tt'UVV1-~.f
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 15, 2003 at 7:00 p,m.
City Council Chambers
1. ROIl.call Attendance:
_ Tammy de Weerd _ Bill Nary
Cherie McCandless Keith Bird
- _ Mayor Robert COriie'
2. Adoption ofthe Agenda:
3. Consent Agenda:
A Approve minutes of July 1, 2003 City Council Regular Meeting:
B. Findings of Fact and Conclusions of Law for Approval: TCU 03-001
Request for a Transfer of Conditional Use Permit for a Child Care Center
in an R-B zone for All About Kids by Zejna Garibovic and Kalhy Sol<oJi -
1155 East Chateau Drive:
C. Findings of Fact and Conclusions of Law for Approval: pp 03.006
Request (or Preliminaty Pial approval of 17 building lols and 2 other fots
on 10.17 acres in CoN and R-40 zones for DeVOll Park No.2 by Fairview
Lakes, LLC - 824 East Fairview Avenue:
D. First Addendum to Development Agreement; MI 02-001 Request to
Approve Amendment to Development Agreement with John and Alberta
Sonnlaq for the Meridian Hampton Center Development - new owners
Eagle Road, LLC:
E. Findings of Fact and Conclusions of Law for Approval: MI 03-001
Request to modify approved final plat lot lines. move approved hotel and
office locations, reduce hotel size to 80 rooms and increase office building
area for Fallon Greens Subdivision (fka Hampton Inn Subdivision) by
Pinnacle Engin&ars, Inc. - southwest comer of South Allen Street and
Gentry Way:
F. Amended Findings of Fact and Conclusions of Law for Approval:
CUP 01.044 Request for a Conditional Use Permit for one 92 room hotel,
one single story office building and one two story office building in a C-G
zone for Hampton Inn Hotel by Meridian Hampton Center LLC -
southwest corner of Allen Street and Gentry Way;
Moridi",CityC~~flCjlhgl>liU loly IS,200. P'gc I 00
All Jl1lJtt"lilI1r:;;; p~cn.tcd. ~t pWJli...;.:rnettinss: s.ha.SI'h\:c(1oln~ propdn:y Of1hc CilyofMl=ridisn,
Auyoc. d<<irinn aoe~""".dl<lGn fur dis,biOl;" t<Ioloo In do,umel11S lndlor ""'rine;
pI..!\: cunbc' ,he Chy Clak's Ol/i..,.ISaaMB .. Ie..' 4$ "OllIS priorlO Ih. public mod;n~,
** COMMUNICATIONS REPORT ** AS OF JUL 11 '03 15:32 PAGE. 01
CITY OF MERIDIAN
TOTAL PAGES" TOTAL TI ME
SEND 0068 SEND 00" 27'04"
RECEIVE 0000 RECEIVE 00"00J00J'
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:l: STATUS
01 07/11 14:49 2088467366 EC--S 01' 04 J' 003 128 OK
02 07/11 14:50 8985501 EC--S 01J02" 003 128 OK
03 07/11 14:52 LIBRARY EC--S 01'23u 003 128 OK
04 07/11 14:53 92083776449 EC--S 01'02u 003 128 OK
05 07/11 14:55 208 388 6924 EC--S 01 J23'J 003 128 OK
06 07/11 14:57 2088886854 EC--S 01'03" 003 128 OK
07 07/11 14:58 12084674538 EC--S 01'03u 003 128 OK
08 07/11 15:00 8950390 EC--S 01J02U 003 128 OK
09 07/11 15:02 Laurel EC--S 01' 05J' 003 128 OK
10 07/11 15:03 208 387 6393 EC--S 01'03" 003 128 OK
11 07/11 15:05 ADA CTY DEVELMT G3--S 01' 48u 003 128 OK
12 07/11 15:07 208-888-5052 EC--S 01' 03'J 003 128 OK
13 07/11 15:09 CHERRY LANE EC--S 01 J 23lJ 003 128 OK
14 07/11 15:11 POST OFFICE EC--S 01'51'J 003 128 OK
15 07/11 15:13 IDAHO ATHLETIC C EC--S 01' 03" 003 128 OK
16 07/11 15:15 887 0816 G3--S 02' 03JJ 003 128 OK
17 07/11 15:18 ID PRESS TRIBUNE EC--S 01'031> 003 128 OK
18 07/11 15:19 208 888 6700 EC--S 01' 03'J 003 128 OK
19 87/11 15:21 3810160 EC--S 0QP 27" 001 129 OK
20 07/11 15:22 PUBLIC WORKS EC--S 00' 20'J 001 129 OK
21 07/11 15:23 12084664405 EC--S 00J20" 001 129 OK
22 07/11 15:24 8841159 EC--S 00'20" 001 129 OK
23 07/11 15:24 2088840744 EC--S 00J19" 001 129 OK
24 07/11 15:25 2088467366 EC--S 00' 19J' 001 129 OK
25 07/11 15:26 8985501 EC--S 00J 19" 001 129 OK
26 07/11 15:27 LIBRARY EC--S 00'21" 001 129 OK
27 07/11 15:28 92083776449 EC--S 00'18" 001 129 OK
28 07/11 15:29 208 388 6924 EC--S 00'20" 001 129 OK
29 07/11 15:29 2088886854 EC--S 00J 18" 001 129 OK
30 07/11 15:30 12084674538 EC--S 00' 19'J 001 129 OK
31 07/11 15:31 8950390 EC--S 00'18" 001 129 OK
32 07/11 15:32 Laurel EC--S 00' 19JJ 001 129 OK
** TX co.. 1ATlON REPORT **
(
AS OF JUL 11 '0c..,:32 PAGE. 131
19
20
21
22
23
24
25
26
27
28
29
313
31
32
DATE TIME TO/FROM
07/11 15:21 381131613
07/11 15: 22 PUBLIC WORKS
07/11 15:23 121384664405
07/11 15:24 8841159
07/11 15: 24 2000840744
07/11 15:25 2088467366
07/11 15:26 8985501
07/11 15:27 LIBRARY
07/11 15:28 92083776449
07/11 15:29 208 388 6924
07/11 15:29 2000886854
07/11 15:30 121384674538
07/11 15: 31 8950390
07/11 15:32 Laurel
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
CITY OF MERIDIAN
MIWSEC PGS
00'27" 0131
130'20" 001
00'20" 0131
010'213" 12101
eS'19" eel
00' 19" 001
010'19" 001
1210'21" 12101
00' 18" 001
12113'20" eel
e~l' 18" 12101
121121'19" eel
1210' 18" 12101
121121' 19" 001
CMDII
129
129
129
129
129
129
129
129
129
129
129
129
129
129
STATUS
OK
OK
OK
OJ(
OK
OK
OK
OK
OK
OK
OK
OK
OJ(
OK
--------------------------------------------------------------------------------------------
?110-.Se.. 7o~ ::hsv CPI,d'Jf1c. not\~- Ihcvnr-s I
CITY OF MERIDIAN
PR.E-COUNCIL MEETING
AGENDA
Tuesday, July 15,2003 at 6:30 p.m.
1. Roll-call Attendance:
City Council Chambers
_ TammydeWeerd _ Bill Nary
Cherie McCandless Keith Bird
- _ Mayor Robert Corrie-
2. Adoption of the Agenda:
3. Update on Adventure Island Playground:
(5 minutes~)
4. Discussion of Park Regulations Ordinance;
(15 minutes")
5. Discussion of Revised Ethics Code Ordinance:
(5 minutes-)
. ApproXimate allowable time set for agenda item may change depending on
discussion. Please use the designated minutDs as a guiderine only.
Mcri<li.nCilyC=il AB<Ild1-July 15.2003 Yosc I on
!.!lroa,<tioI, p...."'Ic4 J1l plJblic moariato $ball!><oomc pwpcrty of"'" City ofM<<i<lillll.
Anyone ddNlg acoolM>odtlion lOr dilObililica l'dotod to <lllcOlllonl.lIOd'or hot1r:inc>
p)o>J<: CO,",,<< tho CiIy Cl<rl<', Office II BBJ..4433 .1 J<Jl>l 48 bou>:o prior to Ill. public "",<1",&
** TX CONf, ,~T I ON REPORT **
AS OF
JUL 11 .(~ 15: 41
PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:I STATUS
01 07/11 15:33 208 367 &393 EC--S 00' 19" em 129 OK
82 07/11 15:34 ADA cry DEUELMT G3--S 00'36" 1301 129 OK
03 07/11 15; 3S 2138-888-5052 EC--S 88'19" 001 129 OK
04 G7/11 15:36 CHERRY LANE EC--S 00'21" (l01 129 OK
85 07/11 15:37 POST OFFICE EC--S 013'26" 13m 129 OK
06 07/11 15:38 IDAHO ATHLETIC C EC--S 00'19" 001 129 OK
87 07/11 15:39 887 8816 G3--S 00'37" (l01 129 OK
08 07/11 15:40 ID PRESS TRIBUNE EC--S 0la'19" 13m 129 OK
09 07/11 15:41 208 888 67la0 EC--S 130'19" 001 129 OK
-----------------------------------------------~---------------------------------------
'PUCl2e.. 1oS){ 1<< <Pv..,bLtc. nonCR..-- lhOM.f:.S,!
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, Jury 15,2003 at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Tammy de Weerd _ Bill Nary
Cherie McCandless Keith Bird
- _ Mayor Robert Corrie-
2. Adoption of the Agenda:
3. Update on Adventure Island Playground:
(5 minutes")
4. Djscussion of Park Regulations Ordinance:
(15 minutes")
5. Discussion of Revised Ethics Code Ordinance:
(5 minutes")
.. Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Me,idian City Cuwloil Ag<:nll.l-luly lS.lOO3 1"&01 un
All n>ti..ut~ p.......,O<l lit pub!;. meotings Sballl><.om.; l'<'>l'<<ly of1l1. ell,.. otM<ridisn.
Anyo". o..iriDg accommodolion Cordi",biliti.::s cclalod It> dt>=en\$ ."cV"" hcmiDG-'
pJoose ..n14ct tho CiCy Cltrl<-. Office OJ: g8fH433 .1 lust 48 hllllfll prit>' roll,. publio "",ctics.
?LtR3€- 7o~ :& rlAJ6(A.~ noti~- 7hCuvLf:-~.I
CITY OF MERIDIAN
PRE~COUNCIL MEETING
AGENDA
Tuesday, July 15, 2003 at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Update on Adventure Island Playground:
(5 minutes"')
4. Discussion of Park Regulations Ordinance:
(15 minutes"')
5. Discussion of Revised Ethics Code Ordinance:
(5 minutes"')
'" Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City COlUlcil Agenda-July 15,2003 Page 1 ofl
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
?lit\se... r'oS1: ];x 7(,1JJ-(lc..YLoll'~- ThMl-r-s.l
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TuesdaYJ July 15J 2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of July 1, 2003 City Council Regular Meeting:
B. Findings of Fact and Conclusions of law for Approval: TCU 03-001
Request for a Transfer of Conditional Use Permit for a Child Care Center
in an R-8 zone for All About Kids by Zejna Garibovic and Kathy Sokoli -
1155 East Chateau Drive:
C. Findings of Fact and Conclusions of Law for Approval: PP 03-006
Request for Preliminary Plat approval of 17 building lots and 2 other lots
on 10.17 acres in C-N and R-40 zones for Devon Park No.2 by Fairview
Lakes, LLC - 824 East Fairview Avenue:
D. First Addendum to Development Agreement: MI 02-001 Request to
Approve Amendment to Development Agreement with John and Alberta
Sonntaa for the Meridian Hampton Center Development - new owners
Eagle RoadJ LLC:
E. Findings of Fact and Conclusions of Law for Approval: MI 03-001
Request to modify approved final plat lot lines, move approved hotel and
office locations, reduce hotel size to 80 rooms and increase office building
area far Fallon Greens Subdivision (fka Hampton Inn Subdivision) by
Pinnacle Engineers, Inc. - southwest corner of South Allen Street and
Gentry Way:
F. Amended Findings of Fact and Conclusions of Law for Approval:
CUP 01-044 Request for a Conditional Use Permit for one 92 roam hotel,
one single story office building and one two story office building in a C-G
zone for Hampton Inn Hotel by Meridian Hampton Center LLC -
southwest corner of Allen Street and Gentry Way:
Melidian City Council Agenda - July 15,2003 Page lof3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
G. Amended Findings of Fact and Conclusions of Law for Approval:
PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots
on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle
Engineers, Inc. - southwest corner of Allen Street and Gentry Way:
H. Approve Recommendation of Parks & Recreation Commission for
Naming Park next to Boys and Girls Club - Centennial Park:
I. Agreement for Services for Park next to Boys and Girls Club - Good
Earth Landscape:
4. Department Reports:
5. (Items Moved from Consent Agenda)
6. Tabled from April 15J 2003: AP 03-001 Request to Appeal Meridian Planning
and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by
Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard:
7. Continued Public Hearing from April 15, 2003: AZ 02-030 Request for
annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed
Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden
Boulevard:
8. Continued Public Hearing from April 15J 2003: PP 02-031 Request for
Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a
proposed R-4 zone for proposed Silverleaf Subdivision by Crestline
Development, LLC - 2683 West Chinden Boulevard:
9. Continued Public Hearing from April 15, 2003: VAR 03-006 Request for a
Variance to exceed 1,000 foot maximum block length and Variance to open
space requirement for Silverleaf Subdivision by Crestline Development - 2683
West Chinden Boulevard:
10. FP 03-040 Request for Final Plat approval of 77 building lots and 5 other lots on
26.84 acres in an R-4 (PO) zone for Bridgetower Crossing No.4 by Primeland
Development, LLP and Young Lands - northeast corner of West McMillan Road
and North Ten Mile Road:
11. Continued Public Hearing from June 24, 2003: AZ 03-002 Request for
annexation and zoning of 19.79 acres from RUT to C-G zones for Callister
Development by Dave Callister - southwest corner of West Overland Road and
South Stoddard Road:
12. Continued Public Hearing from June 24J 2003: CUP 03-001 Request for a
Conditional Use Permit fDr a contractor's yard for an excavation company and
mini-storage facilities Dn 5.91 acres for Callister Development by Dave Callister
- southwest corner Df West Overland Road and South Stoddard RDad:
Meridian City Council Agenda - July 15,2003 Page 2 of 3
All matelials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accollunodation tor disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
13. Continued Public Hearing from June 24, 2003: CPA 03-001 Request for a
Comprehensive "Plan Amendment to change approximately 12.25 acres of the
site from mixed-use-neighborhood to commercial for Callister Development by
Dave Callister - southwest corner of West Overland Road and South Stoddard
Road:
14. Continued Public Hearing from July 8, 2003: AZ 03-008 Request for
annexation and zoning of 34.52 acres from RUT to R-8 zones for proposed
Birchstone Creek Subdivision by Centennial Development. LLC - northwest
corner of West Ustrck Road and North Black Cat Road:
15. Continued Public Hearing from July 8J 2003: PP 03-008 Request for
Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a
proposed R-B zone for proposed Birchstone Creek Subdivision by Centennial
Development, LLC - northwest corner of West Ustick Road and North Black Cat
Road:
16. Continued Public Hearing from July 8, 2003: VAR 03-013 Request for a
Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400
feet and not more than 1,000 feet in length for Birchstone Creek Subdivision
by Centennial Development, LLC - northwest corner of West Ustick Road and
North Black Cat Road:
17. Public Hearing: CUP 03-027 Request for a Conditional Use Permit for
approval for dance studio use in an I-L zone at 269 East 5th Avenue for SandyJs
DanceworkJs by Sandy's Dancework's, LLC - 269 East 5th Avenue:
18. Public Hearing: PP 03-007 Request for Preliminary Plat approval of 36 building
lots and 7 other lots on 11.65 acres in an R-4 zone for Clearbrook Estates
Subdivision by R.K. Development, LLC - west of North Meridian Road and
south of West Ustick Road:
19. Public Hearing: VAR 03-012 Request for a Variance to block length
requirements for a block on the south side of Clearbrook Street for Clearbrook
Estates Subdivision by R.K. Development, LLC - west of North Meridian Road
and south of West Ustick Road:
20. Continued Public Hearing from June 10,2003: Dust Abatement Ordinance:
21.
Tabled from July 8, 2003: Ordinance No.
Variance Ordinance:
Fence
Meridian City Council Agenda - July 15, 2003 Page 3 of 3
All materials presented at public meetings shall become propelty of the City of Meridian.
Anyone desiring accommodation [or disabilities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
** TX CONFIk,..IlON REPORT **
('
AS OF JUL 11 'b.:> 14: 48 PAGE. 01
CITY OF MERIDIAN
28
29
30
31
32
DATE TIME TO/FROM
137/11 14:413 381131613
07/11 14:42 PUBLIC WORKS
07/11 14:44 21084664405
07/11 14:45 8841159
07/11 1 a; 47 2088840744
MODE
EC--S
EC--S
EC--S
EC--5
EC--S
MIN/SEC PGS
01'45" 0103
101'133" 1303
01' 103" 003
101'814" 1003
101'03" 1003
CMDl:I
128
128
128
128
128
STATUS
OK
OK
OK
OK
OK
--------------------------~-------------------------------------------------------~--~------
?~C\.&e... ?oSi- :kx 7CA.~c.YLoi1,~- Tha/Yl-~f
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TuesdaYJ July 15, 2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Tammy de Weerd _ Bill Nary
Cherie McCandless _ Keith Bird
_ Mayor Robert Corrie
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of July 1, 2003 City Council Regular Meeting:
B. Findings of Fact and Conclusions of law for Approval: TCU 03-001
Request for a Transfer of Conditional Use Permit for a Child Care Center
in an R-8 zone for All About Kids by Zejna Garibovic and Kathy Sokoli -
1155 East Chateau Drive:
C. Findings of Fact and Conclusions of Law for Approval: PP 03-006
Request for Preliminary Plat approval of 17 building lots and 2 other lots
on 10.17 acres in C-N and R-40 zones for Devon Park No.2 by Fairview
Lakes, LLC - 824 East Fairview Avenue:
D. First Addendum to Development Agreement: MI 02-001 Request to
Approve Amendment to Development Agreement with John and Alberta
Sonntaq for the Meridian Hampton Center Development - new owners
Eagle Road, LlC:
E. FindIngs of Fact and Conclusions Of Law for Approval: MJ 03-001
Request to modify approved final plat lot lines. move approved hotel and
office locations, reduce hotel size to 80 rooms and increase office bUilding
area for Fallon Greens Subdivision {fka Hampton Inn SubdIvision} by
Pinnacle Engineers, Inc. - southwest corner of South Allen Street and
Gentry Way;
F. Amended Findings of Fact and Conclusions of law for Approval:
CUP 01-044 Request for a Conditional Use Permit for one 92 room hotel,
one single story office building and one two story office building in a C-G
zone for Hampton Inn Hotel by Meridian Hampton Center LLC -
southwest corner of Allen Street and Gentry Way:
Meridill1'l City COUMiI Agetld;! July 15.2003 PAge t ...0
All motCl'iul. prc.'''''tN ~t public mootins.. >hall hcoomc I't'Oper!y "Ctbo Ci\y <>f Mcridilm.
A.nyoned.,;itinC ""commod..ti...1l1iltdis~biliLies tdatcd to documc\\1; ~Ildlor he:..rings
plc~l'; contaot tho eil)' Cler"'s om.. 1I1888-4433 AllCBl'148 hl'lll'$ 1'0<>110 ,he public mO<ling.
** COMMUNICATIONS REPORT ** AS OF JUL 11 '03 14:48 PAGE. 101
CITY OF MERIDIAN
TOTAL PAGES TOTAL TIME
SEND 0043 SEND 00018' 13"
RECEIVE 0002 RECEIVE 000 81 ' 82"
DATE TIME TO/FROM MODE MIN/SEC P8S CMD!:t STATUS
81 07/11 08:35 2083730504 EC--R 00J38" 081 117 OK
82 87/11 18:07 208 888 2882 G3--5 08'58" 881 118 OK
03 87/11 11:40 288 388 6924 EC--S 01J19" 004 121 OK
04 07/11 12:55 8950390 EC--R 00'24" 001 124 OK
85 07/11 13:38 3818160 EC--S 80'32" 881 125 OK
86 107/11 13:39 PUBLIC WORKS EC--S 100'24" 0101 125 OK
87 107/11 13:410 12084664485 EC--S 00J25" 001 125 OK
08 107/11 13: 41 8841159 EC--S 08'24" 001 125 OK
09 107/11 13:41 2088840744 EC--S 08J23" 001 125 OK
10 87/11 13:42 2088467366 EC--S 00'24" 001 125 OK
11 07/11 13:43 8985501 EC--S 88'23JJ 001 125 OK
12 07/11 13: 44 LI BRARY EC--S 88J28" 001 125 OK
13 07/11 13:45 92083776449 EC--S 88'23JJ 081 125 OK
14 87/11 13:46 208 388 6924 EC--S 80'28" 801 125 OK
15 87/11 13:47 2088886854 EC--S 00'23JJ 001 125 OK
16 07/11 13:48 12084674538 EC--S 00'23" 801 125 OK
17 07/11 13:49 895103910 EC--S 00'23" 001 125 OK
18 87/11 13:510 Laurel EC--S 00'24'J 001 125 OK
19 07/11 13:51 288 387 6393 EC--S 00' 24J' 001 125 OK
20 07/11 13:52 ADA CTY DEVELMT 83--S 08'48'J 801 125 OK
21 07/11 13:53 208-888-5052 EC--S 80J24" 001 125 OK
22 87/11 13:54 CHERRY LANE EC--S 00'28JJ 001 125 OK
23 07/11 13:55 POST OFFICE EC--S 00J32" 001 125 OK
24 07/11 13:56 IDAHO ATHLETIC C EC--S 00' 24J' 001 125 OK
25 07/11 13:57 887 0816 83--S 80'40" 801 125 OK
26 07/11 13:59 ID PRESS TRIBUNE EC--S 00' 23'J 001 125 OK
27 07/11 14:00 2108 888 6700 EC--S 08'24" 001 125 OK
28 07/11 14:40 3810160 EC--S 01J45" 1003 128 OK
29 07/11 14:42 PUBLIC WORKS EC--S 01'03" 003 128 OK
30 87/11 14:44 2084664405 EC--5 01'03" 003 128 OK
31 87/11 14:45 8841159 EC--S 01'104" 0103 128 OK
32 07/11 14:47 2088840744 EC--S 01J03>1 003 128 OK
MAYOR
Robert D. Con'ie
? LerA?)/' ""<YObt ~ ?~W:. Vlyb ~ L~"'Ifl,~ (
." ,'I ~'". . c. .,". ,
.':'"--' '
.>~-t.~~ .,
M':'~
~CITYOF r~l~ ."'
. erldiar/~~J;; ~.~\
IDAHO ~
~)
+('0. /
s'vr" '/ Q
Ej. I., TREASURE V ~ , '""~
\ 1903
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887-221] . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, July 15, 2003 at 6:30 P.M. The Meridian City Council will be
discussing the following agenda items:
~ Update on Adventure Island Playground
- Discussion of Park Regulations Ordinance
- Discussion of Revised Ethics Code Ordinance
The public is welcome to attend the meeting.
DATED this 11th day of July, 2003.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-48l3
** TX CONFIRMATION REPORT **
AS OF JUL 11 '83 14:00 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDj:t STATUS
05 07/11 13:38 3810160 EC--S 00'32" 001 125 OK
06 07/11 13:39 PUBLIC WORKS EC--S 00'24" 001 125 OK
07 87/11 13:40 12084664405 EC--S 00'25" 001 125 OK
08 07/11 13:41 8841159 EC--S 00'24" 001 125 OK
09 07/11 13:41 2088840744 EC--S 00' 23" 001 125 OK
10 07/11 13:42 2088467366 EC--S 00'24" 001 125 OK
11 07/11 13:43 8985501 EC--S 00J23" 001 125 OK
12 07/11 13:44 LIBRARY EC--S 00'28" 001 125 OK
13 07/11 13:45 92083776449 EC--S 00'23" 001 125 OK
14 07/11 13:46 208 388 6924 EC--S 00'28" 801 125 OK
15 07/11 13:47 2088886854 EC--S 00'23" 001 125 OK
16 07/11 13:48 12084674538 EC--S 80'23" 001 125 OK
17 87/11 13:49 8950390 EC--S 08'23" 001 125 OK
18 67/11 13:50 Laurel EC--S 00' 24" 801 125 OK
19 67/11 13:51 208 387 6393 EC--S 00'24" 001 125 OK
20 07/11 13:52 ADA CTY DEUELMT G3--S 00J48" 001 125 OK
21 07/11 13:53 208-888-5052 EC--S 00'24" 001 125 OK
22 87/11 13:54 CHERRY LANE EC--S 08J28" 001 125 OK
23 07/11 13:55 POST OFFICE EC--S 00J32" 081 125 OK
24 07/11 13:56 IDAHO ATHLETIC C EC--S 00' 24" 801 125 OK
25 07/11 13:57 887 0816 G3--S 00'40" 881 125 OK
26 07/11 13:59 ID PRESS TRIBUNE EC--S 00'23" 001 125 OK
27 07/11 14:00 208 888 6708 EC--S 00J24" 001 125 OK
--------------------------------------------------------------------------------------------
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~ .}:, LEGAL DEPARTMENT
MA YOR T~"';~
AA:<-< l'\ t 'is (208) 466.1)272 . FAX 466-<1405
RObert D, Corrie c-tG"""Q' ~,~~,~
PARKS &. RECREATION
CITY COUNCIL MEMBERS erldiafl ~.;: \. (208) SKl\-3S79 . F~x 898-$50)
Tammy de Weel'd PlJl3LIC WORKS
~ IDAHO / (2011) llQ~-SSO() . p~:( 887-1297
William L, M. Nary ~ y FlUILDING DEP.4..RTMENT
Chl:ric McCandle~s ~('''' ~. (201l) SS7 2211 . F,v; 887-1297
<:D-ell ~8
Keith Bird >U.li~ "~e, PLANNING & ZONING
" ,'OJ (20S) 8&4.55:;3 . F~x 888-6854-
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NOTICE OF PRE~COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE rs HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idahol on
Tuesday, July 15, 2003 at 6:30 P.M. The Meridian City Council will be
discussing the following agenda items:
Item Packet Pickup
MEETING DATE: July 15,2003 City Council
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03/11/03
IN THE MATTER OF THE )
REQUEST FOR APPROVAL TO )
MODFIY APPROVED FINAL PLAT )
LOT LINES, MOVE APPROVED )
HOTEL AND OFFICE LOCATIONS, )
REDUCE HOTEL SIZE TO 80 )
ROOMS AND INCREASE OFFICE )
BUILDING AREA FOR FALLON )
GREENS SUBDIVISION, LOCATED )
AT THE SOUTHWEST CORNER )
OF SOUTH ALLEN STREET AND )
GENTRY WAY, MERIDIAN, )
IDAHO )
)
)
BY: PINNACLE ENGINEERS, INC/, )
)
)
APPLICANT )
)
CASE NO. MI-03-001
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST FOR
APPROVAL TO MODIFY
APPROVED FINAL PLAT LOT
LINES, MOVE APPROVED HOTEL
AND OFFICE LOCATIONS,
REDUCE HOTEL SIZE TO 80
ROOMS AND INCREASE OFFICE
BUILDING AREA
The above entitled matter coming on regularly for public hearing before the City
Council on March 11,2003, at 7:00 oJc1ock p.m. at the Meridian City Hall located at 33 East
Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning
Department, and Clint Boyle, appeared and testified, and the City Council having received a
report from Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 1 of 13
Department, and the City Council having received testimony as part of the record of this matter,
and the applicant having submitted his application for a request for approval to modify the
approved Final Plat lot lines, move the approved hotel and office locations, reduce the hotel size
to 80 rooms, and increase the office building area for Fallon Greens Subdivision, for construction
and development of one 3-story, 80 room hotel (52,017 sq. ft.), and the office building area has
been increased to approximately 35,500 sq. ft. The office development shall either be two
separate buildings totaling 35,500 sq. ft. or a single building, and which application is herein
received and adjudged by the City Council pursuant to Meridian City Code 9 8-2-5J and being
fully advised in the premises does hereby make the following Findings of Fact and Conclusions
of Law and Order of Decision, as follows:
FINDINGS OF FACT
1. The property is generally located at 875 S. Allen Street, (southwest of Allen Street
and Gentry Way), MeridianJ Idaho.
2. The applicant of the subject property is Pinnacle Engineers, Inc. - Clint Boyle
whose address is 12552 W. Executive Dr., Suite B, Boise, Idaho 83713.
3. The owner of the subject property is Eagle Road, LLC whose address is P.O. Box
250, Show Low, Arizona 85902. A Limited Warranty Deed was entered into between John and
Alberta Sonntag, Grantor, whose address is 3373 Tumbleweed Ave., Boise, Idaho 83713, and
Eagle Road, LLC, a Nevada limited Liability company, Grantee, whose address is c/o John R.
Hansen, Jr.J 1595 South Lakemoor Way, Eagle, Idaho 83616, on January 14,2003, and recorded
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 2 of13
on January 15, 2003 as Instrument No. 103007707.
4. The location of the subject property is presently located in a C-G zone, and which
subject request is located on the northwest corner of the Allen and Freeway Drive intersection;
approximately 1/5 of a mile west of Eagle Road, just north of 1-84. The subject property is
designated as "Commercial" in the 2002 Comprehensive Plan Land Use Map.
5. The legal description ofthe property is on file in the City Clerk's office located at
33 East Idaho Street, Meridian, Idaho.
6. The subject property is surrounded on the north side by Mid-Valley Business Park
- zoned C-G, 1-84 is to the south, to the east is the Holiday Inn Express Hotel- zoned C-G, and
to the west there is low density rural-residential- zoned RUT.
7. The applicantJ Pinnacle Engineers, Inc. - Clint Boyle, has requested approval to
modify the final plat lot lines, move the hotel and office location, reduce the hotel size to 80
rooms, and increase the office building area for Fallon Greens SubdvisionJ (flea Hampton Inn
Subdivision).
8. This miscellaneous application is the result of staff determining the new lot
configuration to be a significant change from the approved Preliminary/Final Plat and therefore
required a formal application to modify. The number of building lots, howeverJ remain the same
(3) and the number and location of access points also remain unchanged (2). This application is
also required to fonnally amend the Development Agreement. The new hotel is proposed on Lot
1, Block 1 of Fallon Greens Subdivision (1.93 acre lot) and has a building area of 52,0 17 square
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
AFPROV AL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 3 of13
feet with 80 rooms (currently approved for 92 rooms). The orientation of the hotel is proposed to
shift to allow greater visibility from both 1-84 and Allen Street. The parking lot has also been
modified in the lot layout. The office buildings that were previously shown on the south side of
the 4.10 acre parcel are now proposed behind the hotelJ as part of Phase 2 of the development.
The additional proposal would amend the Development Agreement (which was amended one
time already via File #MI-02-001) to reflect the Preliminary/Final Plat and Conditional Use
Permit modifications. rhe annexation of the property was approved in October of 1999 and a
Development Agreement controlling the development of the subject property was signed by the
City in July of 2000. The original Development Agreement limited the development of the
property to a single 60,000 square foot medical office building, and the 2002 addendum allowed
the hotel and two office building uses. The application would allow for construction and
development of one 3-story, 80 room hotel (52,017 sq. ft.), and the office building area has been
increased to approximately 35,500 sq. ft. The office development shall either be two separate
buildings totaling 35,500 sq. ft. or a single building.
9. Giving due consideration to the comments received from the governmental
subdivisions providing services in the City of Meridian planning jurisdictionJ public facilities and
services required by the proposed application for approval to modify the final plat lot lines, move
the hotel and office location, reduce the hotel size to 80 rooms and increase the office building
area for Fallon Greens Subdivision, tka Hampton fun Subdivision, will not impose expense upon
the public if the following conditions of approval are imposed:
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 4 of13
A. Adopt the Recommendations of the Planning and Zoning Department as follows:
1. The Decision and Order for File #PFP-O 1-0 I 0 shall be amended to reference
"Fallon Greens Subdivision'J, stamped 2-10-03 by Pinnacle EngineersJ Inc., and
applicant shall comply with all other conditions of the PFP-OI-OIO.
2. The Decision and Order for File #CUP-0l-044 shall be amended to reference the
new Site Plan (Sheet ALl, dated 01 FEB 03, Drawn: W ASJ Job: 01217-1, by
Habitec, and applicant shall comply with all other conditions of the CUP-Ol-044.
3. The issuance of a building penuit for the proposed hotel prior to the final plat
being recorded would be allowed if the following Statement of Compliances are
complied with as follows:
a. All drivewaysJ parkingJ curbs, gutters and sidewalks shall be constructed to
Meridian City Ordinance standards.
b. The proposed use is in conformance with the City of Meridian
Comprehensive Plan.
c. The development shall be connected to City services.
d. The development shall be in compliance with Meridian City Ordinances.
e. The final plat shall include all appropriate easements.
f. All street names are existing and shall not interfere with the City grid.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire flow as required by the Uniform Fire Code shall be available
for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. All radii shall be 28' inside and 48' outside radius.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 5 of 13
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards. UFC
902.2.1
S. No vertical obstructions, or mature landscaping, shall obstruct the outlets
of the fire hydrant within 10'.
9. All building uses and processes to comply with the fire code in effect at
the time of construction.
10. A 20' wide fire lane shall be maintained around all proposed buildings.
11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may
affect canopies.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. All storm drainage shan be retained on site; if this is not the case, a Land
Use Change / Site application shall be required.
D. Adopt the Ada County Highway District's Comments and Recommendations as follows:
1. The modified site plan for Fallon Greens Subdivision (Hampton Inn) is in general
conformance with the previously prepared staff report for the site.
2. The proposed SO-room hotel complex and 35,500 square foot office buildings are
expected to generate 1,049 additional vehicle trips per day (0 existing) based on the
Institute of Transportation Engineers Trip Generation Manual. There will be an impact
fee that is assessed and due prior to issuance of any building permit(s) on the site. The
fee will be based on the impact fee ordinance in effect at that time. In addition to the
standard impact fee, this development lies within an extraordinary impact fee area.
Therefore, this property should pay an overlay fee to the District in the amount of $43 .19
per trip to reimburse the costs of construction and right-of-way costs for the new road
from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic
View Drive and Allen Street as the proportionate share of this property on a per trip basis.
3. Since the original report was prepared for this site, ACHD's standard local/commercial
right-of-way dimensions have changed. Therefore, the applicant has two options
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 6 of 13
regarding Allen Street and Freeway Drive right-of-way (Site Specific Condition #1). In
accordance with current District policy, the applicant may either dedicate 29-feet ofright-
of-way or 27-feet of right-of-way.
4. With the original submittal, the applicant was proposing three driveways into the site
(Site Specific Condition #8). The modified site plan shows one driveway on Allen Street,
located approximately 30-feet south of the north property line and in alignment with an
existing driveway on the east side of Allen Street, and one driveway on Freeway Drive
located near the west property line. These modified driveway locations meet District
policy and should be approved.
5. The previous conditions and requirements approved with MPFPOI-OIO, MCUPOI-044,
Hampton Inn Subdivision, still apply to MMI03-001.
Special Recommendations to the City of Meridian:
1. The applicant shall provide the District with a copy of a recorded access easement among the
parcels for use ofthe driveways for access to the public streets prior to approvaL
The following Site Specific Requirements and Standard Requirements mnst be met or
provided for prior to ACHD approval of the fmal plat:
Site Specific Requirements:
1. Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right -of-way dedication afterreceipt of all requested material.
The owner will not be compensated for this additional ri ght -of-way because Allen Street is a
local commercial street and is to be brought to adopted standards by the developers of
abutting properties.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section.
3. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40-foot street section.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-00 1 page 7 of 13
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 37S-6258 (with
file number) for details.
5. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual. Contact District staff at 387-6170 for details.
6. Ifutility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be borne by the developer.
7. Any existing irrigation facilities should be relocated outside of the right-of-way.
S. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
Drive;
+:. Proposed driveway # 1 is located on Allen Street approximately 30-feet south of the northern
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of25 to 30-feet and to a point 30-feetbeyond the edge
of pavement of Allen Street.
+:+ Proposed driveway # 2 is located on Allen Street approximately l80-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of25 to 30-feet and to a point 30-
feet beyond the edge of pavement of Allen Street.
+:. Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the
intersection of Allen Street and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-00 1 page 8 of 13
Standard Requirements:
1. The Commission shall hear and decide appeals by an applicant ofthe final decision made by
the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply
this section 7101.6, did not consider aU of the relevant facts presented, made an error of fact
or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notic~ of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date ofthe decision that is the subject ofthe appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The grounds
shall include a written summary of the provisions of the policy relevant to the
appeal and/or the facts and law relied upon and shall include a written argument
in support of the appeaL The Commission shall not consider a notice of appeal
that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may also
consider and/or modify the decision that is being appealed. A copy of the reply,
and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeaL
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant
ofthe ROWDS Manager's reply to the notice of appeal. A copy ofthe decision
being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either
affirm or reverse, in whole or part, or otherwise modify, amend or supplement the
decision being appealed, as such action is adequately supported by the law and
evidence presented at the hearing.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-00 1 page 9 of 13
2. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road Impact
Fee Ordinance.
3. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
4. 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.
5. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
6. Any change by the applicant in the planned use of the property which is the subject ofthis
application, shall require the applicant to comply with aU 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.
7. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
10. Staff would agree to issuance of a building permit for the proposed hotel prior to
the final plat being recorded if the following Statement of Compliances are followed by the
applicant:
1. All driveways, parking, curbs, gutters and sidewalks shall be constructed to
Meridian City Ordinance standards.
2. The proposed use is in conformance with the City of Meridian Comprehensive
Plan.
3. The development shall be connected to City services.
4. The development shall be in compliance with Meridian City Ordinances.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 10 of 13
5. The final plat shall include all appropriate easements.
6. All street names are existing and shall not interfere with the City grid.
CONCLUSIONS OF LAW
1. Approval of this request to modify the final plat lot lines, move the hotel and
office location, reduce the hotel size to 80 rooms, and increase the office building area for Fallon
Greens Subdvision, (flea Hampton Inn Subdivision) is based upon the information provided by
staff and the applicant for this development. If such request is approved for the lot configuration,
the Decision and Order for File #PFP-OI-OlO shall be amended to reference "Fallon Greens
Subdivision", stamped 2-10-03 by Pinnacle Engineers, Inc., and the applicant shall comply with
all other conditions ofPFP-01-01O. Also, the Conditional Use Permit Site Plan has been
changed to reflect the latest hotel and office location on the site, but if the amended Conditional
Use Pennit is approved, the Decision and Order for File #CUP-OI-044 shall be amended to
reference the new Site Plan (Sheet AI.1, dated 2-01-03 by Habitec), and the applicant shall be
required to comply with all other conditions of CUP-0l-044. The hotel has been reduced in size
from a 93-room hotel to an 80-room hotel. However, the office building area has been increased
to approximately 35,500 sq. ft. The office development will either be two separate buildings
totaling 35,500 sq. ft. or a single building. Additionally, ifthe amended Conditional Use Permit
is approved, the Development Agreement shaH be amended to allow the maximum amount of
office area to be increased from 23,250 sq. ft. to 35, 500 sq. ft., and the applicant shall comply
with all conditions of the recorded original Development Agreement (Instrument No.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 11 of 13
100052718).
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. That the applicant is granted approval to modifY the final plat lot lines,
move the hotel and office location, reduce the hotel size to 80 rooms, and increase
the office building area for Fallon Greens Subdivision, (flea Hampton Inn
Subdivision) for this development for construction and development of one 3-
story, SO room hotel (52,017 sq. ft.), and the office building area has been
increased to approximately 35,500 sq. ft. The office development shall either be
two separate buildings totaling 35,500 sq. ft. or a single building. Additionally,
the Conditional Use Permit Site Plan has been changed to reflect the latest hotel
and office location on the site. The hotel has been reduced in size from a 93-room
hotel to an 80-room hotel. However, the office building area has been increased
to approximately 35,500 sq. ft. The office development will either be two
separate buildings totaling 35,500 sq. ft. or a single building. These Findings of
Fact and Conclusions of Law, and the Revised First Addendum to the
Development Agreement, shall be attached to the original Development
Agreement to reflect the changes for the property located at 875 S. Allen Street,
southwest of Allen Street and Gentry Way); and that the applicant shall be
required to comply with all the above conditions and requirements of staff and/or
governmental entities, as well as the original Development Agreement dated July
5,2000 and recorded in the Ada County Recorder's office as Instrument No.
100052718 on July 6, 2000.
By action ofthe City Council at its regular meeting held on the 1'5 {"'-day of
~il)"~ ' 2003. .
ROLL CALL
COUNCILMAN BIRD
VOTED~
COUNCILWOMAN deWEERD
VOTED lfPv
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 12 of 13
COUNCILWOMAN McCANDLESS
VOTED~
COUNCILMAN NARY
VOTED*
MAYOR ROBERT D. CORRIE
(TIE BREAKER) DATED: 1-(5-03
VOTED -
MOTION:
APPROVED: ><
DISAPPROVED:
~
ATTEST:
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~hCL( ffl SYY\.-L-th.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROV ALTO MODIFY
APPROVAL FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND
INCREASE OFFICE BUILDING AREA FOR FALLON GREENS
SUBDIVISION FOR MI-03-001 page 13 of13
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03-26-02
Revised per C/C 03-11-03
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A 92 ROOM )
HOTEL AND ONE SINGLE STORY )
OFFICE BUILDING AND ONE )
TWO STORY OFFICE BUILDING )
IN A C-G ZONE FOR HAMPTON )
INN HOTEL, LOCATED AT THE )
SOUTHWEST CORNER OF ALLEN )
STREET AND GENTRY WAY, )
MERIDIAN, IDAHO )
)
MERIDIAN HAMPTON CENTER, )
LLC, )
)
APPLICANT )
)
Case No. CUP-OI-044
AMENDED
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on March 5, 2002, and continued until March 26, 2002, at the hour of 6:30 p.m., at
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, Wes Steele, appeared and testified, and the City Council having duly considered
the evidence and the record in this matter and the Recommendations to City Council issued by
the Planning and Zoning Commission who conducted a public hearing and the Council having
heard and taken oral and written testimony, and having duly considered the matter, the City
Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-OI-044)
page 1 of 17
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for March 5, 2002 and
continued until March 26, 2002, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having been posted
upon the property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the March 5,
2002 and continued until March 26, 2002, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction ofthe
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~11-15-5 and 11-17-5 as evidenced by the
Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in a C-G zone and by reason of the provisions
of the Meridian City Code 911-17-4, a public hearing was required before the City Council on
this application.
4. The property is located at the southwest comer of Allen Street and Gentry Way,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-044)
page 2 of 17
Meridian, Idaho.
5. The owner of record of the subject property is John and Alberta Sonntag of Boise,
Idaho.
6. Applicant is Meridian Hampton Center, LLC of Sparks, NV.
7. The subject property is currently zoned C-G. The zoning district ofC-G is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for development of
one 92 room Hampton Inn Hotel, one single story office building and one 2-story office building.
The C-G zoning designation within the City of Meridian Zoning and Development Ordinance
requires a conditional use permit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and
all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps
and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
FINDINGS OF FACf AND CONCLUSIONS OF IAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-044)
page 3 of 17
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. The applicant shall provide ACHD with a copy of a recorded cross access easement for the
use of the common driveways and parking lots.
2. The applicant shall be responsible for obtaining a separate sign permit for each sign.
3. All conditions placed on this application shall run with the land and shall not lapse or be
waived as the result of any change in tenancy or ownership of any or all of the lands
governed by this CUP application. All such conditions shall be deemed the requirements for
the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance.
4. (nitiation of work on the planned development shall take place within eighteen months, as set
forth in section 11-17-4. All phases of the planned development shall be completed within 5
years of the date of approval; approval of any un-initiated phases will lapse after that time
unless a time extension is granted by the Council (MCC12-6-8).
5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal
number of caliper inches of trees, in conformance with the Landscape Ordinance.
6. Temporary fencing shall be installed around the project during construction to prevent
construction debris from blowing onto adjacent properties and roadways.
7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified
to include hotel and office uses as uses permitted by the Development Agreement.
8. Any existing domestic wens 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.
9. Compaction test results must be submitted to the Meridian Building Department for all lots
receiving engineered backfill.
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-044)
page 4 of 17
to. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
11. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall
be contained and disposed of on-site. An operation and maintenance agreement for joint
drainage facilities shall be developed for inclusion in the CC&R's of the subdivision.
13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance.
14. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing
signs will be permitted.
15. Provide five-foot-wide sidewalks tlrroughout development m accordance with City
Ordinance.
16. All construction shall conform to the requirements of the Americans with Disabilities Act.
17. Landscaping shall be installed as submitted (Sheet Ll.0).
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The owner
will not be compensated for this additional right-of-way because Allen Street is a local
commercial street and is to be brought to adopted standards by the developers of abutting
properties.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section.
3. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40-foot street section.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-044)
page 5 of 17
5. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
6. Ifutility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be borne by the developer.
7. Any existing irrigation facilities should be relocated outside of the right-of-way.
8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
Drive;
+:+ Proposed driveway # 1 is located on Allen Street approximately 30- feet south ofthe northern
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of25 to 30-feet and to a point 30-feet beyond the edge
of pavement of Allen Street.
.:. Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of25 to 3D-feet and to a point 30-
feet beyond the edge of pavement of Allen Street.
+:. Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the
intersection of Allen Street and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
10. Comply with all of ACHD's Standard Requirements listed in their report dated January
18, 2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire
project. Applicant shall show all proximity hydrants within 500' of the project on the
construction drawings.
2. Acceptance ofthe water supply for fire protection will be by the Meridian Water
Department. Water supply shall be provided before combustible construction begins.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-044)
page 6 of 17
4. All radii shal1 be 28' jnside and 48' outside radius.
5. The roadways shall be built to ACHD standards.
6. The vertical clearance for the covered loading area shall be 13' 6".
Adopt the Recommendation of the N ampa & Meridian Irrigation District.
1. Applicant shall apply for a land use change/site application.
2. All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans. The developer must comply with Idaho Code ~31-3805.
Adopt the Recommendations of the Central District Health Department as follows:
1. 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.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design ofthe subject project shall obtain
current best management practices for stormwater disposal and design a stonnwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendations of Sanitary Services as follows:
1. Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container.
Additionally, comply with the action of the City Council taken at their March 26, 2002 meeting
as follows:
1. The signage package shall meet the Meridian City Code, and shall also specifically
address where the sign is intended to be located to the freeway, and shall clarify the
placement of the monument signs that are proposed.
Additionally, comply with the action of the City Council taken at their March 11, 2003 meeting
in corresponding Case No. MI-03-001, for Fallon Greens Subdivision, fka Hampton Inn
Subdivision, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-044)
page 7of17
1. The new Site Plan is dated 01 FEB 03, Sheet ALl, Drawn: WAS, Job: 01217-1, by
Habitec.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Mixed/Planned Use Development".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character ofthe general vicinity and that
such uses will not change the intended essential character of the same area. It is found that the
height of the Hampton Inn Hotel, ifmeasured from adjacent grade to the top of the building is
slightly taller (approximately 45'6") than the maximum 40' height allowed in the C-G zone. The
City defines building height of mansard roof structures, like the hotel, as the vertical distance
measured from the grade of the front ofthe building to the deck line of a mansard roof. The deck
line ofthe hotel roofis 39' and is hereby in conformance with Meridian City Code.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served adequately by
central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses, activities,
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-044)
page 8 of 17
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.
IS. 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; it is found
that the proposed use will not create significant interference with any traffic on the surrounding
public streets as long as ACHD requirements are met and all approaches and traffic control
measures are installed.
19. The development will not result in the destruction, loss or damage of natural or
scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian sha1l exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (lC. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-044)
page 9 of 17
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4, The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code ~ 11-17-3)
A. That the site is large enough to accommodate the proposed use and all yards, open spaces,
parking, landscaping and other features as may be required by this Ordinance;
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
C. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character ofthe same area;
D. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
E. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks... police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment ofthe
proposed conditional use shall be able to provide adequately any such services;
F. That the proposed use will not create excessive additional cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. That the proposed use will have vehicular approaches to the property which shall be so
designated as not to create interference with traffic on surrounding public streets; and
I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the General Retail And Service
FINDINGS OF FACI' AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-044)
page 10 of 17
Commercial District (C-G), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all in
accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and
Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-044)
page 11 Of17
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use permit for
development of one 92 room Hampton Inn Hotel, one single story office building and one 2-story
office building in a C-G zone located at the southwest corner of Allen Street and Gentry Way,
Meridian, Idaho, subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. The applicant shall provide ACHD with a copy of a recorded cross access easement for
the use of the common driveways and parking lots.
2. The applicant shall be responsible for obtaining a separate sign permit for each sign.
3. All conditions placed on this application shall run with the land and shall not lapse or be
waived as the result of any change in tenancy or ownership of any or all of the lands
governed by this CUP application. All such conditions shall be deemed the requirements for
the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-044)
page 12 Of17
4. Initiation of work on the planned development shall take place within eighteen months, as set
forth in section 11-17-4. All phases of the planned development shall be completed within 5
years of the date of approval; approval of any un-initiated phases will lapse after that time
unless a time extension is granted by the Council (MCC12-6-8).
5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal
number of caliper inches of trees; in conformance with the Landscape Ordinance.
6. Temporary fencing shall be installed around the project during construction to prevent
construction debris from blowing onto adjacent properties and roadways.
7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified
to include hotel and office uses as uses pennitted by the Development Agreement.
8. 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.
9. Compaction test results must be submitted to the Meridian Building Department for all lots
receiving engineered backfill.
10. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
11. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage pLan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall
be contained and disposed of on-site. An operation and maintenance agreement for joint
drainage facilities shall be developed for inclusion in the CC&R's of the subdivision.
13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance.
14. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing
signs will be permitted.
15. Provide five-foot-wide sidewalks throughout development In accordance with City
Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-044)
page 13 of 17
16. All construction shall conform to the requirements of the Americans with Disabilities Act.
17. Landscaping shall be installed as submitted (Sheet Ll.0).
Adopt the Recommendations ofthe ACHD as follows:
1. Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The
owner will not be compensated for this additional right-of-way because Allen Street is a
local commercial street and is to be brought to adopted standards by the developers of
abutting properties.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section.
3. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40-foot street section.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
5. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
6. If utility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be borne by the developer.
7. Any existing irrigation facilities should be relocated outside of the right-of-way.
8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
Drive;
.:. Proposed driveway # 1 is located on Allen Street approximately 30-feet south ofthe northern
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of25 to 30-feet and to a point 30-feet beyond the edge
of pavement of Allen Street.
.:. Proposed driveway # 2 is located on Allen Street approximately I80-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of25 to 30-feet and to a point 30-
feet beyond the edge of pavement of Allen Street.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-OI-044)
page 14 Of17
.:. Proposed driveway #3 is located on Freeway Drive approximately I50-feet from the
intersection of Allen Btreet and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
10. Comply with all of ACHD's Standard Requirements listed in their report dated January
18,2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire
project. Applicant shall show all proximity hydrants within 500' of the project on the
construction drawings.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department. Water supply shall be provided before combustible construction begins.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall be 28' inside and 48' outside radius.
5. The roadways shall be built to ACHD standards.
6. The vertical clearance for the covered loading area shall be 13' 6".
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use change/site application.
2. AU laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans. The developer must comply with Idaho Code ~31-3805.
Adopt the Recommendations of the Central District Health Department as follows:
1. 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.
2. Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-044)
page 15 Of17
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shaH obtain
current best management practices for stormwater disposal and design a storm water
management system that prevents groundwater and surface water degradation.
Adopt the Recommendations of Sanitary Services as follows:
1. Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container.
Additionally, comply with the action ofthe City Council taken at their March 26, 2002 meeting
as follows:
1. The signage package shall meet the Meridian City Code, and shall also specifically
address where the sign is intended to be located to the freeway, and shall clarify the
placement of the monument signs that are proposed.
Additionally, comply with the action of the City Council taken at their March 11, 2003 meeting
in corresponding Case No. MI-03-001, for Fallon Greens Subdivision, fka Hampton Inn
Subdivision, as follows:
L The new Site Plan is dated 01 FEB 03, Sheet ALl, Drawn: WAS, Job: 01217-1, by
Habitec.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-OI-044)
page 16 of 17
Please take notice that this is a final action of the governing body ofthe City of Meridian,
pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
/ S-tk day of
Jy{;V~~
, 2003.
ROLL CALL:
COUNCILMAN BIRD
VOTED~
VOTED~
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
VOTED~
VOTED~
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: "I-IS -oS
VOTED
MOTION: ~
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning a~q,tZooiJfl&Department, Public Works
Department and the City Attorney. ~\'1\\~\ Of Mr.Ri~.~ff.(;f.
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FINDINGS OF FACT AND CONCLtt,sI1()~S OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-044) page 17 of 17
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03/26/02
Revised per C/C 03/11/03
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A 92 ROOM )
HOTEL AND ONE SINGLE STORY )
OFFICE BUILDING AND ONE )
TWO STORY OFFICE BUILDING )
IN A C-G ZONE FOR HAMPTON )
INN HOTEL, LOCATED AT THE )
SOUTHWEST CORNER OF ALLEN )
STREET AND GENTRY WAY, )
MERIDIAN, IDAHO )
)
MERIDIAN HAMPTON CENTER, )
LLC, )
APPLICANT )
)
Case No. CUP-OI-044
AMENDED
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 26th day of March, 2002,
under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use pennit
application and the Council having received and approving the Recommendation of the Planning
and Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for
a 92 room hotel and one single story office building and one two story office building in a C-G
zone located at the southwest corner of Allen Street and Gentry Way, Meridian, Idaho, subject to
the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC / CUP-Ol-044
page 1 of6
1. The applicant shall provide ACHD with a copy of a recorded cross access easement for the use of
the common driveways and parking lots.
2. The applicant shall be responsible for obtaining a separate sign permit for each sign.
3. All conditions placed on this application shall run with the land and shall not lapse or be waived
as the result of any change in tenancy or ownership of any or all of the lands governed by this
CUP application. All such conditions shall be deemed the requirements for the issuance of a
Certificate of Occupancy for any use or structure as per City Ordinance.
4. Initiation of work on the planned development shall take place within eighteen months, as set
forth in section 11-17-4. All phases of the planned development shall be completed within 5
years of the date of approval; approval of any un-initiated phases will lapse after that time unless
a time extension is granted by the Council (MCC12-6-8).
5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal number
of caliper inches of trees, in conformance with the Landscape Ordinance.
6. Temporary fencing shall be installed around the project during construction to prevent
construction debris from blowing onto adjacent properties and roadways.
7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to
include hotel and office uses as uses permitted by the Development Agreement.
8. 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.
Wens may be used for non-domestic purposes such as landscape irrigation.
9. Compaction test results must be submitted to the Meridian Building Department for all lots
receiving engineered backfill.
10. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
11. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall
be submitted to the City Engineer for all off-street parking areas. All site drainage shall be
contained and disposed of on-site. An operation and maintenance agreement for joint drainage
facilities shall be developed for inclusion in the CC&R's ofthe subdivision.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC / CUP-Ol-044
page 2 of6
13. Outside lighting shall~be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance.
14. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs
will be permitted.
15. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance.
16. All construction shall conform to the requirements of the Americans with Disabilities Act.
17. Landscaping shall be installed as submitted (Sheet Ll.0).
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The owner
will not be compensated for this additional right-of-way because Allen Street is a local
commercial street and is to be brought to adopted standards by the developers of abutting
properties.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section.
3. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40- foot street section.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
5. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
6. Ifutility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be borne by the developer.
7. Any existing irrigation facilities should be relocated outside of the right-of-way.
8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC / CUP-Ol-044
page 3 of6
Drive;
.:. Proposed driveway # 1 is located on Allen Street approximately 30-feet south ofthe northern
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of25 to 30-feet and to a point 30-feet beyond the edge
of pavement of Allen Street.
.:. Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of25 to 30-feet and to a point 30-
feet beyond the edge of pavement of Allen Street.
.:. Proposed driveway #3 is located on Freeway Drive approximately ISO-feet from the
intersection of Allen Street and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
10. Comply with all of ACHD's Standard Requirements listed in their report dated January 18,
2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire
project. Applicant shall show all proximity hydrants within 500' of the project on the
construction drawings.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department. Water supply shall be provided before combustible construction begins.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall be 28' inside and 48' outside radius.
5. The roadways shall be built to ACHD standards.
6. The vertical clearance for the covered loading area shall be 13' 6".
Adopt the Recommendation ofthe Nampa & Meridian Irrigation District.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BYMERIDAN
HAMPTON CENTER, LLC / CUP-ol-044
page 4 of6
1. Applicant shall apply for a land use change/site application.
2. All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans. The developer must comply with Idaho Code ~31-3805.
Adopt the Recommendations of the Central District Health Department as follows:
1. 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.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design ofthe subject project shall obtain
current best management practices for storm water disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendations of Sanitary Services as follows:
1. Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container.
Additionally, comply with the action of the City Council taken at their March 26, 2002 meeting
as follows:
1. The signage package shall meet the Meridian City Code, and shall also specifically
address where the sign is intended to be located to the freeway, and shall clarifY the
placement of the monument signs that are proposed.
Additionally, comply with the action of the City Council taken at their March 11, 2003 meeting
in corresponding Case No. MI-03-001, for Fallon Greens Subdivision, fka Hampton Inn
Subdivision, as follows:
1. The new Site Plan is dated 01 FEB 03, Sheet ALl, Drawn: WAS, Job: 01217-1, by
Habitec.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC I CUP-Ol-044
page 5 of6
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
15tt.....
day of
cttv[,f
~
,2003
is?it /~
Robert D. Corrie, Mayor City of Meridian
\\I\\lIl1llt/J,/
\\\ M{:" IiI
Copy served upon Applicant, the PJ.:rrt..i'lfan'l't~~ffig.Department, Public Works Department
"y~ 'AfA: ~
and City Attorney. l a o"POft.1~'Y ~~
t ~ 0 \
- -
- -
- -
- -
By: ShCCroYl
City Clerk
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ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC / CUP-OI-044
page 6of6
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE )
REQUEST FOR )
PRELIMINARY/FINAL PLAT FOR )
HAMPTON INN SUBDIVISION, )
LOCATED )
AT THE SOUTHWEST CORNER )
OF ALLEN STREET AND GENTRY )
WAY, )
MERIDIAN, IDAHO )
)
BY: MERIDIAN HAMPTON )
CENTER,LLC, )
APPLICANT )
C/C 03/26/02
Revised per C/C 03/11/03
Case No. P/FP-OI-OIO
AMENDED
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF
PRELIMINARY/FINAL PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on March 5,2002 and continued until March 26, 2002, and Shari Stiles, Planning and Zoning
Administrator, and Wes Steele, appeared and testified at the hearing, and the City Council having
received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council
having received as part of the record ofthis matter the recommendation to City Council of the
Planning and Zoning Commission and the applicant having submitted the Plat Drawing described
as follows, "FINAL PLAT OF FALLON GREENS SUBDIVISION, A PORTION OF LOT 15
OF AMENDED MAGIC VIEW SUBDIVISION BOOK 52, PAGE 4445 OF PLATS AND
LOCATED IN THE E1/2 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, FILE NAME:
P:\A_CIVIL\C026241\dwg\C026241_FP.DWG, SHEET 1 OF 3, DATED: 10 FEB 03,
FINDINGS OF FACT AND CONCLUSIONS OF 'LAW
AND ORDER OF CONDmONALAPPROVAL OF
PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION /
BY MERIDIAN HAMPTON CENTER, LLC - (PFP-Ol-OlO)
page 1 of 5
PINNACLE ENGINEERS, INC.", submitted for preliminary/final plat approval and which
preliminary/final plat application is herein received and adjudged by the City Council pursuant to
Meridian City Code, Section 12-3. Therefore the City Council makes the fol1owing findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned
C-G General Retail and Service Commercial District, and requires connection to the Municipal
Water and Sewer System. [see Meridian City Code, Section 11-7-2 KJ
2. The preliminary plat is in conformance with the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629.
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and ifthe conditions which are requested by the Planning
and Zoning Administrator and the Engineering Technician III are met there will be public
financial capability of supporting services for the proposed development.
5. The development, ifbuilt in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY IFINAL PLAT - HAMPTON INN SUBDIVISION I
BY MERIDIAN HAMPTON CENTER, LLC - (PFP-Ol-01O)
page 2 of 5
concerns brought to the Council's attention.
6. It is found that the Recommendation to City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary/Final Plat of the applicant as evidenced by "FINAL PLAT OF FALLON
GREENS SUBDIVISION, A PORTION OF LOT 15 OF AMENDED MAGIC VIEW
SUBDNISION BOOK 52, PAGE 4445 OF PLATS AND LOCATED IN THE El/2 OF
SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO 2003, FILE NAME:
P:\A_CNIL\C026241\dwg\C026241_FP.DWG, SHEET 1 OF 3, DATED: 10 FEB 03,
PINNACLE ENGINEERS, INC.", has been submitted for preliminary/final plat.
1. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth
in the Memorandum to the Mayor and City Council from David McKinnon, Planner II for
Planning and Zoning, and Bruce Freckleton, Engineering Technician III, dated January 9,2002,
listing 6 Preliminary Plat Site Specific Comments and 6 Preliminary/Final Plat General
Requirements and 10 General Requirements, a true and correct copy of which is attached hereto
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION /
BY MERIDIAN HAMPTON CENTER, LLC - (PFP-OI-OlO)
page 3 of 5
and marked Exhibit "All, and consisting of eight pages, and by.this reference incorporated herein,
with the additional requirements from the City Council from their meeting of March 26, 2002,
and the requirements are as follows, to-wit:
1.1. That number A.5. of page 2 of the Planning and Zoning Recommendations
shall be amended to read as follows:
AS The applicant shall provide a recorded cross-access easement
among the parcels for the shared parking and driveway access to
the public streets prior to final plat signature by the City.
1.2 The signage package shall meet the Meridian City Code, and shall also
specifically address where the sign is intended to he located to the freeway,
and shall clarify the placement of the monument signs that are proposed.
1.3 Retain or mitigate the 7 trees presently on the property, as all the
remaining trees are dead or in very poor condition. The 7 trees are the 3
Honey Locust, 2 Spruce, 1 Cherry and 1 Scotch Pine. The Site Plan shall
be modified to retain 2 Honey Locust trees and 1 Spruce tree.
Additionally, little or no construction shall be done within the drip line of
the trees to be retained. The remaining trees shall be mitigated by
increasing caliper trees at planting and/or planting additional trees.
Submit an accurate caliper size for the trees to be removed for mitigation
on the final landscape plans.
1.4 AU laterals and waste ways shall be protected and all municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans. The
developer shall comply with Idaho Code 931-3805.
2. The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are completed
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION /
BY MERIDIAN HA1Y.lPTON CENTER, LLC - (PFP-Ol-01O)
page 4 of 5
~
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
.f..-
By action of the City Council at its regular meeting held on the I s-t day of
n~
1i .'
,2003.
By: Ji/?;;J. ~_
ROBERTD. CORRIE
Mayor, City of Meridian
By: gh.ccrlh'1 S
City Clerk
Copy served upon Applicant, the Planning aAA.QlIZion~~~ Department, Public Works Department
. \\\ Mill
and CIty Attorney. ",,\\~ Of cRIt)/. 111/,.."
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IItllll1it
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDNISION /
BY MERIDIAN HAMPTON CENTER, LLC - (PFP-OI-OlO)
page 5 of 5
July 11 , 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
July 15,2003
ITEM NO.
3~ \-\
REQUEST Approve Recommendation of Parks & Recreation Commission for Naming Park next
to Boys and Girls Club -- Centennial Park:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORN EY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HJGHWA Y DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: _1>0Jl.,):-;3 .- cc}d
Emailed:
See Attached Memo
~/),J~
t/v}9il y ~
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian Parks & Recreation
Memo
RECEIVED
JUL 0 8 2003
To:
From:
Date:
Re:
Mayor and City Council
Doug Strong ,.V~ ~J
July 8, 2003 ffiv~
Parks Commission Recommendation-Naming new city park
City Of Meridian
City Clerk Office
At their June 11, 2003 meeting, the Meridian Parks and Recreation
Commission passed a recommendation to name the city park next to the
Boys and Girls 'Club, Centennial Park. The recommendation passed the
commission with a unanimous vote to be passed on to the City Council
for consideration.
Page 1
July 11,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
July 15, 2003
ITEM NO.
3-1
REQUEST Agreement for Services for Park next to Boys and Girls Club -- Good Earth Landscape:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See Attached Memo
vvV
utP~
Contacted:
Emailed:
~ o..Ats - Cc id
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
"
\
Meridian Parks & Recreation ;
Memo
RECEIVED
JUL - 9 2003
To:
From:
Date:
Re:
Mayor Corrie I City Council
Doug Strong fj,0Jh.J~
July 9, 2003 v (:)
Consent Agenda Item
City of Meridian
City Clerk Office
The Parks Staff is requesting an item under the consent agenda for your July 15,
2003 meeting.
· We are requesting approval of a proposal with Good Earth Landscape, Toby
Norton, ASLA to provide a Master Plan Development, Construction
Documents and Construction Services for the design of the pocket park next
to the Boys and Girls Club. The proposal is for $5,590.00 and includes
preliminary design, topographic survey, demolition plan, layout plan and site
detail, grading and drainage plan, landscape plan, irrigation plan and
construction administration.
Page 1
JUN-30-2003 03:21 PM ~~od Earth Landscape
(
333~314
(
P.02
~
o ""
o "/
C/.
I n
June 16, 2003
Elroy Huff
City Of Meridian Parks and Recreation
11 W Bower Street
Meridian, Idaho 83642
I'
Dear Elroy:
Thank you for the opportunity to present this proposal to you for the design of the pocket
park behind the old police station. Since I have worked with you in. the past on similar
projects I am confident that you will be pleased with the results.
As we discussed on site, since this is a small parcel for a park and limited amenities are
proposed for this park., I feel we can do the master planning stage as an informal meeting
with you and DouS" at your office. This will allow us to focus more time and resources
on construction documents.
Based on successful designs of several parks in the past, I propose the following services:
PreHminary Detign 5195.00
1. Muter Plan Development
Provide (3) three hours with Parks Department staff to develop master plan
sketch.
Construction Dotumenta S4t89'5.00
2. Topographic Survey
Survey site for existing elevations of land and site elements.
3. Demolition Plan
Show existing structures and facilities that will need to be removed and specify
how they are to be disposed of.
4. Layout Plan and Site Details
Produce a layout plan. and detail site items such as asphalt, concrete curbingt etc.
5. GradiDI and Drainase Plan
Show spot elevation$ as needed to convey design intent.
L1 Ll lJlr.~"""'IN 'Mrm. rlJ.IL.... M!1i II
r.O.1)ox 17010+, I)oiac, Idaho ", 71 7..020+
fhonc:/fax: 20a);; 6-;00' r: -Mail; mail@goodearthli!lndi$Gapc.bi%
www.goodcarthIAndK-apc.bi%
JUN-30-2003 03:21 PM ~~~d Earth Landscape
333l;;l314
C. .
6. Landscape Plln
Show the landscape improvements
7. Irrigation Plan
Deign automatic underground sprinkler irrigation system.
8. SpeclftcatiOIU
Provide construction specifications to guide installation
CODltrudion Semees
9. Con......ction Administration
Provide (10) ten hours of on-site construction administration.
P.03
ssoo.oo
The fee for the above services is $5.590.00. Reimbursable cost such as printing will be
billed at cost. Payments are due and payable thirty (30) days from the date of invoice.
Amounts unpaid thirty days after the invoice date shall bear interest at the rate of 1.5%
per ,month.
Thank you again for the opportunity to work with you. I am confident you will be
pleased with the results. Feel free to contact me by phone at 208)336-3005 or e-mail at
mail@soodearthlan~scape. biz
Sincerely,
Toby Norton. ASLA
Acceptance:
Date:
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF SHAWN
NICKEL AND CRESTLINE
DEVELOPMENT, LLC FOR
DENIAL OF THE PRELIMINARY
PLAT FOR SIL VERLEAF
SUBDIVISION, LOCATED AT 2683
WEST CHINDEN BOULEVARD,
MERIDIAN, IDAHO
C/C 07/15/03
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)
)
CASE NO. AP-03-001
ORDER ACCEPTING
WITHDRAWAL OF APPLICATION
FOR APPEAL OF THE DENIAL OF
PRELIMINARY PLAT
The applicants having withdrawn the Application for Appeal of the Meridian
Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat, during the
hearing held in front of the City Council on July 15, 2003, the withdrawal is hereby accepted and
the matter is dismissed. The applicant may submit a new application.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
ORDER ACCEPTING WITHDRAWAL OF APPLICATION
FOR APPEAL FOR PRELIMINARY PLAT FOR
SILVERLEAF SUBDIVISION - AP-03-001
Page 1 of2
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 ofthe governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
/61:h.
day of
1~
,2003.
Attest:
By: ~::~
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ORDER ACCEPTING WITHDRAWAL OF APPLICATION
FOR APPEAL FOR PRELIMINARY PLAT FOR
SILVERLEAF SUBDNISION - AP-03-001
Page 2 of2
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF SHAWN
NICKEL AND CRESTLINE
DEVELOPMENT, LLC FOR
ANNEXATION AND ZONING FOR
SIL VERLEAF SUBDIVISION,
LOCATED AT 2683 WEST
CHINDEN BOULEVARD,
MERIDIAN, IDAHO
C/C 07/15/03
)
)
)
)
)
)
)
)
)
)
CASE NO. AZ-02-030
ORDER ACCEPTING
WITHDRAWAL OF APPLICATION
FOR ANNEXATION AND ZONING
The applicants having withdrawn the Application for Annexation and Zoning for
Silverleaf Subdivision, during the hearing held in front of the City Council on July 15,2003, the
withdrawal is hereby accepted and the matter is dismissed. The applicant may submit a new
application.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
ORDER ACCEPTING WITHDRAWAL FOR
ANNEXATION AND ZONING FOR
SIL VERLEAF SUBDNISION - AZ-02-030
Page 1 of2
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 ofthe City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek ajudicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
1'5-1:h
day of
~)
D
, 2003.
Attest:
BY:~
ROBERT D. CORRIE
Mayor, City of Meridian
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ORDER ACCEPTING WITHDRAWAL FOR
ANNEXATION AND ZONING FOR
SIL VERLEAF SUBDIVISION - AZ-02-030
Page 2 of2
BEFORE THE MERIDIAN CITY COUNCIL
C/C 07/15/03
IN THE MATTER OF THE
APPLICATION OF SHAWN
NICKEL AND CRESTLINE
DEVELOPMENT, LLC FOR
PRELIMINARY PLAT FOR
SILVERLEAF SUBDIVISION,
LOCATED AT 2683 WEST
CHINDEN BOULEVARD,
MERIDIAN, IDAHO
)
)
)
)
)
)
)
)
)
)
CASE NO. PP-02-031
ORDER ACCEPTING
WITHDRAWAL OF APPLICATION
FOR PRELIMINARY PLAT
The applicants having withdrawn the Application for Preliminary Plat for
Silverleaf Subdivision, during the hearing held in front of the City Council on July 15, 2003, the
withdrawal is hereby accepted and the matter is dismissed. The applicant may submit a new
application.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
ORDER ACCEPTING WITHDRAWAL FOR
PRELIMINARY PLAT FOR
SILVERLEAF SUBDIVISION - PP-02-031
Page 1 of2
Issue. A request for a regulatory takings analysis will tol1 the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date ofthis decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
f 5-1:J--
day of
M
,2003.
Attest:
By ~~-=-
ROBER D. CORRIE
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Page 2 of2
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF SHAWN
NICKEL AND CRESTLINE
DEVELOPMENT, LLC FOR
VARIANCE FOR SIL VERLEAF
SUBDIVISION, LOCATED AT 2683
WEST CHINDEN BOULEVARD,
MERIDIAN, IDAHO
C/C 07/15/03
)
)
)
)
)
)
)
)
)
CASE NO. V AR-03-006
ORDER ACCEPTING
WITHDRAWAL OF APPLICATION
FOR VARIANCE
The applicants having withdrawn the Application for Variance for Silverleaf
Subdivision, during the hearing held in front ofthe City Council on July 15, 2003, the
withdrawal is hereby accepted and the matter is dismissed. The applicant may submit a new
application.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER ACCEPTlNG WITHDRAWAL FOR
VARIANCE FOR SIL VERLEAF SUBDIVISION -
V AR-03-006
Page 1 of2
Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action ofthe City Council at its regular meeting held on the
roil.--..
Iv
day of
O}f~~
,2003.
By: ~;:-~ ,:::_
ROBERT D. CORRIE
Mayor, City of Meridian
Attest:
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City Clerk' .
Dated: 7- Z-'2--tJ3
ORDER ACCEPTING WITHDRAWAL FOR
VARIANCE FOR SIL VERLEAF SUBDIVISION -
V AR-03-006
Page 2 of2
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF
APPROXIMATELY 19.79 ACRES
TO C-G ZONE FOR CALLISTER
DEVELOPMENT, LOCATED AT
SOUTHWEST CORNER OF W.
OVERLAND ROAD AND S.
STODDARD ROAD, MERIDIAN,
IDAHO
BY DAVE CALLISTER
APPLICANT
C/C 07-15-03
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. AZ-03-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF ANNEXATION AND
ZONING
The above entitled matter coming on regularly for public hearing before the City Council,
on June 10, 2003, and continued until June 24, 2003 and July 15, 2003, at the hour of7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was
opened on the annexation and zoning application, and Anna Powell, Planning Director for the
Planning and Zoning Department, David McKinnon, and Matt Schultz, appeared and testified at
the hearing, and the City Council based upon the testimony presented at the hearing does hereby
deny the application for annexation and zoning approval.
FINDINGS OF FACT
1. It is found that the Recommendation To City Council of the Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR CALLISTER DEVELOPMENT
PAGE 1 OF4
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
annexation and zoning due to the following:
1. The Applicant requested the Mixed-Use Neighborhood designation on the map be
replaced with a commercial designation on the subject property, and which
commercial designation would indeed require an amendment to the Comprehensive
Plan as determined by City ordinance.
2. The current Comprehensive Plan adopted August 6) 2002, designates the property as
Mixed-Use Neighborhood.
3. The present land is currently vacant and zoned RUT (Ada County), and the applicant
requests the property to be zoned as C-G (General Retail & Service Commercial).
4. The applicant proposes to develop the subject property in the following manner:
Commercial use including mini-storage and contractor's yard.
5. The proposed commercial designation would be incompatible with the surrounding
residential subdivision and area.
6. The proposed commercial designation is not reflective of the City of Meridian's
vision for that particular area, and therefore, the amendment change is not necessary
based upon the land use plan for that area as planned for within the Comprehensive
Plan adopted on August 6, 2002.
7. That the request for the Comprehensive Plan Amendment to change the land use
within the Comprehensive Land Use Map to Commercial has been denied by the
Meridian City Council, Case No. CP A-03-00 1.
8. Annexation is not in the best interests of the City of Meridian given the nature of the
proposed development.
DECISION AND ORDER
Pursuant to the City Council's authority after reviewing and hearing the public
testimony in this matter, and based upon the above and foregoing Findings of Fact which are
herein adopted) and upon the denial of the Comprehensive Plan Amendment, Case No. CPA-03-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR CALLISTER DEVELOPMENT
PAGE 2 OF 4
001, herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does
hereby deny the application for annexation and zoning approval.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date ofthis decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
riA.
By action of the City Council at its regular meeting held on the ~ day of
/l-tc;r-tF t--
,2003.
lairl/""l^,1 dLtJR.~r~
. y of Meridian Crt; L""ou-~c.2- pr~ ~ e h:6
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR CALLISTER DEVELOPMENT
PAGE 3 OF 4
Attest:
By:d~~~/r;
City Clerk
Dated: g'-7..---tJ 3
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR CALLISTER DEVELOPMENT
PAGE 4 OF 4
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A MINI
STORAGE & CONTRACTOR'S
YARD FOR CALLISTER
DEVELOPMENT IN A C-G ZONE,
LOCATED AT SOUTHWEST
CORNER OF W. OVERLAND
ROAD AND S. STODDARD ROAD,
MERIDIAN, IDAHO
BY DAVE CALLISTER
APPLICANT
C/C07-15-03
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. CUP-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF CONDITIONAL USE
PERMIT
The above entitled matter coming on regularly for public hearing before the City Council,
on June 10,2003, and continued until June 24,2003 and July 15, 2003, at the hour of7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was
opened on the conditional use permit application, and Anna Powell, Planning Director for the
Planning and Zoning Department, David McKinnon, and Matt Schultz, appeared and testified at
the hearing, and the City Council based upon the testimony presented at the hearing does hereby
deny the application for conditional use permit approvaL
FINDINGS OF FACT
1. It is found that the Recommendation To City Council of the Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 1 OF 4
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
conditional use permit due to the following:
1. The Applicant requested the Mixed-Use Neighborhood designation on the map be
replaced with a commercial designation on the subject property, and which
commercial designation would indeed require an amendment to the Comprehensive
Plan as determined by City ordinance.
2. The cunent Comprehensive Plan adopted August 6, 2002, designates the property as
Mixed-Use Neighborhood.
3. The present land is currently vacant and zoned RUT (Ada County), and the applicant
requests the property to be zoned as C-G (General Retail & Service Commercial).
4. The applicant proposes to develop the subject property in the following manner:
Commercial use including mini-storage and contractor's yard.
5. The proposed commercial designation would be incompatible with the surrounding
residential subdivision and area.
6. The proposed commercial designation is not reflective ofthe City of Meridian' s
vision for that particular area, and therefore, the amendment change is not necessary'
based upon the land use plan for that area as planned for within the Comprehensive
Plan adopted on August 6, 2002. .
7. That the request for rezone from RUT (Ada County) to C-G (General Retail &
Service Commercial has been denied by the Meridian City Council, Case No. AZ-03-
002, and the Comprehensive Plan Amendment to change the land use within the
Comprehensive Land Use Map to Commercial has also been denied, Case No. CPA-
03-001.
DECISION AND ORDER
Pursuant to the City Council's authority after reviewing and hearing the public
testimony in this matter, and based upon the above and foregoing Findings of Fact which are
herein adopted, and upon the denial of the Comprehensive Plan Amendment, Case No. CPA-03-
001, and the denial of the Annexation and Zoning, Case No. AZ-03-002, herein adopted:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 2 OF4
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does
hereby deny the application for conditional use permit approval.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-S003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
5>1-~
By action ofthe City Council at its regular meeting held on the -=:-day of
~rJ~
, 2003.
By:
~
MaJ'er,
.. ~1'h/11.-1- dew.eerd- _
y of Mendlan f/1Y!S'idle/vt; G~ tOVVr~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 3 OF 4
Attest:
rJ ~
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Copy served upon Applicant, the Planning and 'Z:~i1ing'D'ep~rtment, Public Works Department
and City Attorney.
By:J~,fi 1Je-'-J-t9v
City Clerk ?
Dated:
g-7-t?3
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 4 OF 4
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07-15-03
IN THE MATTER OF THE )
REQUEST FOR COMPREHENSIVE )
PLAN AMENDMENT TO CHANGE )
APPROXIMATELY 12.25 ACRES )
OF THE SITE FROM MIXED-USE )
NEIGHBORHOOD TO )
COMMERCIAL FOR CALLISTER )
DEVELOPMENT, LOCATED AT )
SOUTHWEST CORNER OF W. )
OVERLAND ROAD AND S. )
STODDARD ROAD, MERIDIAN, )
IDAHO )
)
BY DAVE CALLISTER )
)
APPLICANT )
Case No. CP A-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF COMPREHENSIVE
PLAN AMENDMENT
The above entitled matter coming on regularly for public hearing before the City Council,
on June 10" 2003, and continued until June 24" 2003 and July 15,2003, at the hour of7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was
opened on the comprehensive plan amendment application, and Anna Powell, Planning Director
for the Planning and Zoning Department, David McKinnon" and Matt Schultz, appeared and
testified at the hearing, and the City Council based upon the testimony presented at the hearing
does hereby deny the application for comprehensive plan amendment approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE 1 OF 4
FINDINGS OF FACT
1. It is found that the Recommendation To City Council ofthe Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
comprehensive plan amendment due to the following:
1. The Applicant requested the Mixed-Use Neighborhood designation on the map be
replaced with a commercial designation on the subject property, and which
commercial designation would indeed require an amendment to the Comprehensive
Plan as determined by City ordinance.
2. The current Comprehensive Plan adopted August 6, 2002, designates the property as
Mixed-Use Neighborhood.
3. The proposed commercial designation would be incompatible with the surrounding
residential subdivision and area.
4. The proposed commercial designation is not reflective ofthe City of Meridian's
vision for that particular area, and therefore, the amendment change is not necessary
based upon the land use plan for that area as planned for within the Comprehensive
Plan adopted on August 6, 2002.
DECISION AND ORDER
Pursuant to the City Council's authority after reviewing and hearing the public
testimony in this matter, and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does
hereby deny the application for comprehensive plan amendment approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE20F4
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek ajudicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the Sl!l day of
/h~J t
,2003.
By:
. . '-,alnmt: .:-te W.eel-d- _
Mendlan ;?re,r/lie;,;f ~{}1'f;CQt;;FiCt-f..,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE 3 OF4
Attest.. \ \ 1\ II 1111 f 1/ 'It
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Copy served upon Applicant, the Planning and zlfffttig IDt;)\~rtment, Public Works Department
and City Attorney.
B~/i~9--
City Clerk V
Dated:
g-7-rJ3
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE 4 OF 4
BEFORE THE MERIDIAN CITY COUNCIL
CIC 07/08/03
CIC 07-15-03
CENTENNIAL DEVELOPMENT,
LLC,
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 34.52 ACRES )
FOR PROPOSED BIRCHSTONE )
CREEK SUBDIVISION FROM RUT )
TO R-8, LOCATED AT THE )
NORTHWEST CORNER OF )
USTICK ROAD AND BLACK CAT )
ROAD, MERIDIAN, IDAHO )
)
)
)
)
CASE NO. AZ-03-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on July 8, 2003, and continued until July 15, 2003, at the hour of7:00 p.m., and Anna Powell
Planning Director for the Planning and Zoning Department, and Kevin Amar, appeared and
testified, and the City Council having duly considered the evidence and the record in this matter
therefore makes the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 1 OF 17
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject ofthe application for annexation and
zoning is described in the application, is approximately 34.52 acres in size and is located at the
northwest corner of Us tick Road and Black Cat Road, Meridian, Idaho, all within the Area of
Impact ofthe City of Meridian and the Meridian Urban Service Planning Area as defined in the
Meridian Comprehensive Plan.
4. The owners of record of the subject property are Marcia A. Bain Trust and Marcia
A. Bain and Del L. Bain. The applicant is Centennial Development, LLC.
5. The property is presently zoned RUT (Ada County), and consists of agricultural
land.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential District).
7. The subject property is bordered to the north by rural/agricultural land, to the
south by Tricia's Subdivision No.4, to the east by rural agricultural land, and to the west by rural
residential.
8. The Applicant proposes to develop the subject property in the following manner:
90-lot residential subdivision and 7 other lots on 34.52 acres to be known as Birchstone Creek
Subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 2 OF 17
9. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
10. The Eight Mile Lateral lies contiguous to the south and west boundaries of the
subject property and is a feature that will need to be protected.
11. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. The Applicant has submitted a revised annexation map showing the boundary of the
annexation that incorporates Parcel No. S0433449 1 00 (north boundary out parcel) into
the annexation boundaries. The original metes and bounds legal description incorporates
this out parcel.
B. Adopt the Recommendations of the ACHD as follows:
1. The applicant shall choose one of the following options:
a. Dedicate by donation an additional 23-feet of right-of-way along Ustick
Road and Black Cat Road, and construct a minimum 5-foot wide concrete
sidewalk along Ustick Road and Black Cat Road, located a minimum of 41-feet
from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road and Black Cat Road, located a
minimum of 41-feet from the centerline of the right-of-way, in an easement
provided to the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 3 OF 17
c. Do'not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road and Black Cat Road, located at the
back edge of the existing right-of-way. Accomplish all necessary adjustments to
properly accommodate existing drainage and utilities.
2. Construct Red Birch Avenue to intersect with Us tick Road and align or offset
Sweetwood Drive a minimum of300-feet (measured centerline to centerline).
3. Construct Birchstone Street (a residential collector roadway) to intersect Black
Cat Road approximately 660-feet north of Us tick Road, as proposed.
4. Align the intersections of Willows tone Street/Red Birch Avenue and Alderstone
Street/Red Birch Avenue or provide a minimum offset of 125-feet (measured
centerline to centerline).
5. Align Red Birch Avenue and Oakstone Avenue (near Pines tone Street) or provide
a minimum offset of 125-feet (measured centerline to centerline).
6. Align Red Birch A venue and Oakstone Avenue (near Aspen Street) or provide a
minimum offset of 125-feet (measured centerline to centerline).
7. Construct Red Birch Avenue (from Ustick Road to Pinestone Street) as a
residential collector roadway with a 36-foot street section with vertical curb,
gutter and 5-foot sidewalk within 50-feet of right-of-way, as proposed. This
roadway shall have no front-on housing and parking is prohibited. Coordinate the
signage Program with District staff.
8. Construct Birchstone Street from Black Cat Road to Elmstone Avenue as a
residential collector roadway with a 36-foot street section with vertical curb,
gutter and 5-foot sidewalk within 50-feet of right-of-way, as proposed. This
roadway shall have no front-on housing and parking is prohibited. Coordinate the
signage Program with District staff.
9. Construct the remainder of the internal roadways as 36-foot street sections with
rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as
proposed.
10. Provide an easement through the common lot(s) on Alderstone Street or Red
Birch A venue for the out parcel that is located on Ustick Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 4 OF 17
11. Construct Alderstone Street as a stub street to the west property line
approximately 170-feet north of Us tick Road, as proposed. Construct Alderstone
Street as a stub street to the west property line (ensuring that a stub street will be
available in the future if it is desired) with a permanent cul-de-sac turnaround
constructed at the tenninus of the roadway with a sign stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTUREIr.
12. Construct Ashston Avenue as a stub street to the north property line
approximately 340-feet west of Black Cat Road, as proposed. Install a barricade
or boIlards at the terminus of the roadway with a sign stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTUREIr.
13. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds.
14. Construct four (4) knuckles within the subdivision, as proposed.
15. Other than the access points specifically approved with this application, direct lot
access to Ustick Road and Black Cat Road is prohibited.
16. Other than the access points specifically approved with this application, direct lot
access and parking will be prohibited on Red Birch Avenue (from Ustick Road to
Pinestone Street) and Birchstone Street (from Black Cat Road to Elmstone
Avenue).
17. Comply with all Standard Conditions of Approval.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridi an for water quality.
4. All radii shall be 28' inside and 48' outside radius.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA TrON
FOR ANNEXATION AND ZONING
BIRCH STONE CREEK SUBDIVISION (AZ-03-008)
PAGE 5 OF 17
5. Provide an approved turnaround for all streets greater than 150' in length that have no
outlet. It appears that the plan as submitted with a snoopy turnaround meets this
requirement.
D. Adopt the action of the City Council taken at their July 15, 2003 meeting as follows:
1. The Plat has been revised to add more space to the park located at Lot 5 of Block
6 in order to meet the Landscape Ordinance requirement of 5% open space. This
open space at Lot 5 Block 6, along with other smaller landscaped entryway lots
within the subdivision, will be permanent part of the subdivision, and which will
be owned and maintained by the Homeowners Association. The Plat dated
07/14/03 is approved by the Council.
2. For clarification, since the applicant has altered the plat by adding area to the park
located at Lot 5 of Block 6 in order to meet the Landscape Ordinance of the 5%
open space, this open space at Lot 5 Block 6, along with other smaller landscaped
entryway lots within the subdivision shall be a permanent part ofthe subdivision
and owned and maintained by the Homeowners Association. Also during the
construction the applicant shall also be improving approximately 33,300 square
feet of the future school site in order to provide additional useable open space; at
the time the school is constructed this area will be incorporated into the
playground for the elementary school which is Lot 6 Block 6 on the preliminary
plat. This information for the 33,300 square feet usage has been added as a note
to the Preliminary Plat and shall be incorporated within the CC&R's for
Birchstone Creek Subdivision. The applicant additionally stated at the public
hearing on July 15, 2003 that a sign shall be placed at this site to notify potential
buyers that Block 6, Lot 6 and 7 will be the future site of an elementary school,
and that a portion of the present open space will eventually become part of the
elementary school playground.
The applicant shall also coordinate with Wendel Bigham, of the Meridian Joint
School District No.2, on how this open space shall be watered, and provide
written proof to the Planning and Zoning Department on how the transfer of the
lot and incorporation into the school site will be accommodated.
3. The applicant shall be required access into the school area through the park, and
provide for emergency vehicle access.
12. It is found that the requested zoning designation, R-8, is harmonious with and in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 6 OF 17
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land
to be "Medium Density Residential". The Land Use Map also shows a potential public park site in
this general area. However, given the Parks Department has a target community park size of25 - 30
acres and the total acreage involved in this annexation is less than 40 acres, it is not considered that
this development would have a feasible option for negotiating a community park site.
The Comprehensive Plan does contain policies which encourage development to be phased in
accordance with their connection to the sewer system, Policy #8, page 108, and similar "pace of
growth" policies. This development precedes the permanent sewer trunk: line it is intended to serve.
13. It is not anticipated that the applicant intends to rezone the subject property in the
future.
14. It is found that the proposed subdivision will be allowed within the requested R-8
zone.
15. Surrounding properties include rural residential properties (on three sides) and a
residential subdivision. The subject property would be the first urban-scale development in this
square mile. Neither Ustick or Black Cat are within ACHD's Five Year Program. The property is
designed to sewer into a portion ofthe Black Cat Trunk: that is not yet constructed (under design by
J-U-B). The main change in the area is the approval ofTricia's Subdivision No.4 Final Plat on
March 4,2003, which will result in urban density lots adjacent to Ustick Road.
It is found that the requested zoning and annexation could be deemed premature for this
section (TAN., R.l W., Section 33). However, the approval ofTricia's Subdivision and the signing
of the Black Cat Sewer Trunk: design contract demonstrate a certain degree of intent for the City to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 7 OF 17
expand in this area.
16. It is found thatthe proposed uses (detached single family residential) will be designed
in accordance with the intended character of the area, assuming all conditions recommended herein
are implemented.
1 7. It is found that the two out parcels and the existing rural residential use to the west
will be impacted by the subdivision and may be disturbing. However, the use should not be
hazardous to the existing use or disturbing to future neighboring uses.
18. It is found that the property to be annexed may be served adequately by all essential
public facilities and services. Applicant shall be required to extend water and sanitary sewer mains
to and through the proposed development, thereby making them available to the adjacent properties.
Sanitary sewer service is proposed via the existing lift station located within the Ashford Greens
development. Applicant shall be responsible for any and all costs associated with any upgrades
necessary for this project. This proposed subdivision shall be subject to sanitary sewer latecomers
fees, to reimburse those responsible for opening up service to this area. In lieu of installing the 42"
dry line sewer, a Black Cat Trunk development fee of$1 ,500.00 per dwelling unit shall be assessed
against this development. Latecomers fees, and trunk development fees shall be due and payable for
all buildable lots, prior to city endorsement of the final plat for each phase.
Review of the Fire Department's comments concerning this subdivision will provide further
information. The ACHD Commission has approved the subdivision for public streets, with several
site specific conditions. However, there is a concern about the sidewalk and future design of Ustick
Road in this location (see "Preliminary Plat Special Considerations" within the Staffreport.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 8 OF 17
19. It is found that there will not be additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic welfare.
20. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area.
21. It is found that the subdivision's vehicular approach off of Ustick and Black Cat
Roads will create new interference with the existing traffic. However, it is not believed that the
subdivision entrances will cause significant interference on the surrounding public streets. Review
ACHD comments concerning vehicular approaches and traffic generation.
22. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
23. It is found that the annexation of this property mayor may not be in the best
interest ofthe City. In particular, Findings 12 and 15 above, raise concerns about the timing of
expanding the city limits into Section 33 (TAN., R.1 W.) prior to all municipal and highway
district services being fully addressed.
24. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
25. It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 9 OF ]7
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code S 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002,
Resolution No. 02-382.
4. The zoning of Medium Density Residential (R-8) is defined in the Zoning
Ordinance at S 11-7-2 D as follows:
(R-8) Medium Densitv Residential District: The purpose ofthe R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCH STONE CREEK SUBDIVISION (AZ-03-008)
PAGE 10 OF 17
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
5. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofIand. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
6. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
7. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
andlor developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 34.52 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 34.52 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 11 OF 17
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells andlor septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. The Applicant has submitted a revised annexation map showing the boundary of the
annexation that incorporates Parcel No. S0433449100 (north boundary out parcel) into
the annexation boundaries. The original metes and bounds legal description incorporates
this out parcel.
B. Adopt the Recommendations of the ACHD as follows:
1. The applicant shall choose one of the following options:
a. Dedicate by donation an additional 23-feet of right-of-way along Ustick
Road and Black Cat Road, and construct a minimum 5-foot wide concrete
sidewalk along Ustick Road and Black Cat Road, located a minimum of
41- feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along U stick Road and Black Cat Road, located a
minimum of 41-feet from the centerline ofthe right-of-way, in an
easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road and Black Cat Road, located at
the back edge of the existing right-of-way. Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
2. Construct Red Birch Avenue to intersect with Ustick Road and align or offset
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 12 OF 17
Sweetwood Drive a minimum of300-feet (measured centerline to centerline).
3. Construct Birchstone Street (a residential collector roadway) to intersect Black
Cat Road approximately 660-feet north of Us tick Road, as proposed.
4. Align the intersections of Willowstone Street/Red Birch Avenue and Alderstone
Street/Red Birch Avenue or provide a minimum offset of 125-feet (measured
centerline to centerline).
5. Align Red Birch Avenue and Oakstone Avenue (near Pinestone Street) or provide
a minimum offset of 125-feet (measured centerline to centerline).
6. Align Red Birch Avenue and Oakstone Avenue (near Aspen Street) or provide a
minimum offset of 125-feet (measured centerline to centerline).
7. Construct Red Birch Avenue (from Ustick Road to Pinestone Street) as a
residential collector roadway with a 36-foot street section with vertical curb,
gutter and 5-foot sidewalk within 50-feet of right-of-way, as proposed. This
roadway shall have no front-on housing and parking is prohibited. Coordinate the
signage Program with District staff.
8. Construct Birchstone Street from Black Cat Road to Elmstone Avenue as a
residential collector roadway with a 36-foot street section with vertical curb,
gutter and 5-foot sidewalk within 50-feet of right-of-way, as proposed. This
roadway shall have no front-on housing and parking is prohibited. Coordinate the
signage Program with District staff.
9. Construct the remainder of the internal roadways as 36-foot street sections with
rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as
proposed.
10. Provide an easement through the common lot(s) on Alderstone Street or Red
Birch A venue for the out parcel that is located on U stick Road.
11. Construct Alderstone Street as a stub street to the west property line
approximately 170-feet north of Us tick Road, as proposed. Construct Alderstone
Street as a stub street to the west property line (ensuring that a stub street will be
available in the future if it is desired) with a permanent cul-de-sac turnaround
constructed at the terminus of the roadway with a sign stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE".
12. Construct Ashston Avenue as a stub street to the north property line
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 13 OF 17
approximately 340-feet west of Black Cat Road, as proposed. Install a barricade
or bollards'atthe terminus of the roadway with a sign stating that, I1THIS ROAD
WILL BE EXTENDED IN THE FUTUREI1.
13. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds.
14. Construct four (4) knuckles within the subdivision, as proposed.
15. Other than the access points specifically approved with this application, direct lot
access to Ustick Road and Black Cat Road is prohibited.
16. Other than the access points specifically approved with this application, direct lot
access and parking will be prohibited on Red Birch A venue (from Ustick Road to
Pinestone Street) and Birchstone Street (from Black Cat Road to Elmstone
Avenue).
17. Comply with all Standard Conditions of Approval.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of500' apart. 1997 UFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Provide an approved turnaround for all streets greater than 150' in length that have no
outlet. It appears that the plan as submitted with a snoopy turnaround meets this
requirement.
D. Adopt the action of the City Council taken at their July 15,2003 meeting as follows:
1. The Plat has been revised to add more space to the park located at Lot 5 of Block
6 in order to meet the Landscape Ordinance requirement of 5% open space. This
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 14 OF 17
open space at Lot 5 Block 6, along with other smaller landscaped entryway lots
within the'subdivision, will be permanent part of the subdivision, and which will
be owned and maintained by the Homeowners Association. The Plat dated
07/14/03 is approved by the Council.
2. For clarification, since the applicant has altered the plat by adding area to the park
located at Lot 5 of Block 6 in order to meet the Landscape Ordinance of the 5%
open space, this open space at Lot 5 Block 6, along with other smaller landscaped
entryway lots within the subdivision shall be a permanent part ofthe subdivision
and owned and maintained by the Homeowners Association. Also during the
construction the applicant shall also be improving approximately 33,300 square
feet of the future school site in order to provide additional useable open space; at
the time the school is constructed this area will be incorporated into the
playground for the elementary school which is Lot 6 Block 6 on the preliminary
plat. This information for the 33,300 square feet usage has been added as a note
to the Preliminary Plat and shall be incorporated within the CC&R's for
Birchstone Creek Subdivision. The applicant additionally stated at the public
hearing on July 15, 2003 that a sign shall be placed at this site to notify potential
buyers that Block 6, Lot 6 and 7 will be the future site of an elementary school,
and that a portion of the present open space will eventually become part of the
elementary school playground.
The applicant shall also coordinate with Wendel Bigham, of the Meridian Joint
School District No.2, on how this open space shall be watered, and provide
written proof to the Planning and Zoning Department on how the transfer of the
lot and incorporation into the school site will be accommodated.
3. The applicant shall be required access into the school area through the park, and
provide for emergency vehicle access.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe
application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCH STONE CREEK SUBDIVISION (AZ-03-008)
PAGE 15 OF 17
the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance
with the provisions ofthe annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action ofthe governing body of the City of Meridian.
Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
Sf'/"
- day of
19urt.J't-
ROLL CALL
, 2003.
COUNCILMAN KEITH BIRD
VOTED$a-
VOTED$a-
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Me CANDLESS
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BIRCHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 16 OF 17
COUNCILMAN WILLIAM L.M. NARY
VOTED#G
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 8-f?-&3
VOTED
MOTION:
APPROVED:-.A- DISAPPROVED:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
Bill.CHSTONE CREEK SUBDIVISION (AZ-03-008)
PAGE 17 OF 17
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 07/08/03
C/C 07/15/03
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR BIRCHSTONE CREEK )
SUBDIVISION FOR A PLANNED )
DEVELOPMENT CONSISTING OF )
90-LOT RESIDENTIAL )
SUBDIVISION AND 7 OTHER )
LOTS ON 34.52 ACRES TO BE )
KNOWN AS BIRCHSTONE CREEK )
SUBDIVISION, LOCATED AT THE )
NORTHWEST CORNER OF )
USTICK ROAD AND BLACK CAT )
ROAD, MERIDIAN, IDAHO )
)
BY: CENTENNIAL )
DEVELOPMENT, LLC, )
APPLICANT )
)
Case No. PP-03-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on July 8,2003, and continued until July 15,2003, and Anna Powell Planning Director for the
Planning and Zoning Department, and Kevin Amar, appeared and testified, and the City Council
having received a report from Brad Hawkins-Clark Planner III for the Planning and Zoning
Department, and Bruce Freckleton, Engineering Technician III, and the City Council having
received as part of the record of this matter the recommendation to City Council of the Planning
and Zoning Commission and the applicant having submitted the "CENTENNIAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION I (pP-03-008)
PAGE 1 OF 15
DEVELOPMENT, LLC BIRCH STONE CREEK SUBDIVISION A PARCEL OF LAND ALL
LOCATED IN THE SEl/4 OF SEl/4 OF SECTION 33 T.RN., R.1W., RM., ADA COUNTY,
IDAHO 2003, CENTENNIAL DEVELOPMENT, LLC BIRCHSTONE CREEK SUBDIVISION
PRELIMINARY PLAT, OFFICE: BOISE I System: WHP-BOI-642 1 58 / User: LBAIL Y,
DRAWN BY: LMB, SHEET 1, PROJECT NO. 80329, DRAWING FILE NAME: Ibnpel0,
APPROVED BY: DJU/DSS, LAST EDIT: 04/16103, PLOT DATE: 07/14/03, HANDWRITTEN
DAE: 7/1412003, CENTENNIAL DEVELOPERS, LLC - DEVELOPER, W &H PACIFIC -
ENGINEER, SHAWN NICKEL - PLANNER/CONTACT", Centennial Development, LLC,
Developer, submitted for preliminary plat approval and which preliminary plat for approval
application is herein received and adjudged by the City Council pursuant to Meridian City Code
S 12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in substantial conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to R-8, is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code S 11-7-2 DJ
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 2 OF 15
3. Although still under investigation, it is found that sanitary sewer service should be
available to the lots within the proposed subdivision. Sanitary sewer service to this site is
proposed via the existing lift station within the Ashford Greens Subdivision. This station pumps
to an existing gravity sewer main located in Ustick Road. The applicant shall be responsible for
any and all costs associated with any upgrades, to the City of Meridian's standards and
specifications, necessary for this project. The applicant will be responsible to construct lateral
sewer mains to and through this proposed development. The subdivision designer to coordinate
main sizing and routing with the Public Works Department. This development shall be subject
to the Ashford Greens sewer latecomers fees. In lieu of installing the 42" dry line sewer in Black
Cat Road, a Black Cat Trunk development fee of$1,500.00 per dwelling unit shall be assessed
against this development. Payment of the trunk development fees and latecomer fees are
required prior to signature on the final plat for each phase by the City Engineer. Water service
shall be from mains installed adjacent to the project site, and the plat shall comply with the
requirements and conditions hereinafter set forth as conditions of preliminary plat approval.
It is also found that the development may require expenditures of public funds if the City
desires Alderstone Street to be extended across the Eight Mile Lateral in the future. A bridge in
this location would likely require public funds. If only a cul-de-sac is constructed, this could be
made affirmative.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 3 OF 15
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "CENTENNIAL DEVELOPMENT, LLC BIRCH STONE
CREEK SUBDIVISION A PARCEL OF LAND ALL LOCATED IN THE SEl/4 OF SE1I4 OF
SECTION 33 T.RN., R.IW., B.M., ADA COUNTY, IDAHO 2003, CENTENNIAL
DEVELOPMENT, LLC BIRCHSTONE CREEK SUBDIVISION PRELIMINARY PLAT,
OFFICE: BOISE / System: WHP-BOI-642158 / User: LBAIL Y, DRAWN BY: LMB, SHEET 1,
PROJECT NO. 80329, DRAWING FILE NAME: Ibnpel0, APPROVED BY: DJU/DSS, LAST
EDIT: 04/16/03, PLOT DATE: 07/14/03, HANDWRITTEN DAE: 7/1412003, CENTENNIAL
DEVELOPERS, LLC - DEVELOPER, W &H PACIFIC - ENGINEER, SHAWN NICKEL-
PLANNER/CONTACT".
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 4 OF 15
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "CENTENNIAL
DEVELOPMENT, LLC BIRCHSTONE CREEK SUBDIVISION A PARCEL OF LAND ALL
LOCATED IN THE SE1I4 OF SE1I4 OF SECTION 33 T.RN., R.lW., RM., ADA COUNTY,
IDAHO 2003, CENTENNIAL DEVELOPMENT, LLC BIRCHSTONE CREEK
SUBDIVISION PRELIMINARY PLAT, OFFICE: BOISE / System: WHP-BOI-642158 I User:
LBAIL Y, DRAWN BY: LMB, SHEET 1, PROJECT NO. 80329, DRAWING FILE NAME:
Ibnpel0, APPROVED BY: DJUIDSS, LAST EDIT: 04/16/03, PLOT DATE: 07/14/03,
HANDWRITTEN DAE: 7/1412003, CENTENNIAL DEVELOPERS, LLC - DEVELOPER,
W &H PACIFIC - ENGINEER, SHAWN NICKEL - PLANNER/CONTACT", Centennial
Development, LLC, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. The out parcel on the north boundary (Ada County Parcel No. S0433449100)
shall be included as a lot within the Birchstone Creek Subdivision.
2. Lots 5-9, Block 5, adjacent to the Eight Mile Lateral, shall be required to provide
a consistent landscape treatment on or adjacent to the non-combustible Eight
Mile fence to provide a consistent appearance from Ustick Road.
3. Applicant shall revise the Preliminary Plat to correct the lot numbers in Block 6
to eliminate the duplicate lot number 7.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 5 OF 15
1. Water service to this site shall be via main line extensions from the existing mains
adjacent to the property. The applicant shall be required to extend water mains to
and through the proposed development, thereby making them available to the
adjacent properties (including the entire Black Cat Road frontage.) Applicant shall
coordinate main sizing and routing with the Public Works Department. Provision
for a water main loop will be required into the school site.
2. Although still under investigation, staff finds that sanitary sewer service should be
available to the lots within the proposed subdivision. Sanitary sewer service to this
site is proposed via the existing lift station within the Ashford Greens Subdivision.
This station pumps to an existing gravity sewer main located in Ustick Road. The
applicant shall be responsible for any and all costs associated with any upgrades, to
the City of Meridian's standards and specifications, necessary for this project. The
applicant will be responsible to construct lateral sewer mains to and through this
proposed development. The subdivision designer to coordinate main sizing and
routing with the Public Works Department. This development shall be subject to
the Ashford Greens sewer latecomers fees. In lieu of installing the 42" dry line
sewer in Black Cat Road, a Black Cat trunk development fee of $1,500.00 per
dwelling unit shall be assessed against this development. Payment of the trunk
development fees and latecomer fees are required prior to signature on the final plat
for each phase by the City Engineer. Water service shall be from mains installed
adjacent to the project site.
3. The applicant has not indicated who will own and maintain the pressurized irrigation
system within this development, nor has the system been shown on the preliminary
plat. If the pressurized irrigation system within this development is to remain a
private Homeowners Association system, complete 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 must be
submitted prior to plan approval. The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water. Applicant shall be
required to utilize any existing surface or well water for the primary source. If a
surface or well source is not available, 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 Meridian City Engineer. Show the pressurized
irrigation system, including the source facilities, on the preliminary plat map.
4. A detailed fencing plan shall be submitted upon application of the final plat. Fencing
adjacent to micropaths shall be constructed by the developer, in accordance with the
Landscape Ordinance (MCC12-13-15-9). A solid fence shall be required along the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCH STONE CREEK SUBDNISION / (pP-03-008)
PAGE 6 OF 15
north boundary ofthe subdivision, unless the City agrees in writing that such a fence
is not required. Fencing adjacent to the Eight Mile Lateral on the west and south
boundaries of the subdivision shall be open vision and non- combustible, unless the
City otherwise agrees in writing.
5. A new paved micropath shall be extended through Block 6 in the general area ofIots
13 and 14 to accommodate sanitary sewer extension to the future school lot.
6. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
7. Add or revise the following preliminary plat notes:
(5.) All interior water mains shall be 8"0, and exterior mains shall be 12"0
unless otherwise shown or required during detailed plan review.
(6.) Pressurized irrigation system to be pro':idcd owned and operated by?
(10.) All fencing adiacent to micropath lots and internal open-space/drainage lots
shall be limited to four-feet (4') in height if constructed of a solid. sight obscuring
material.
(11.) Direct lot access to Black Cat Road and Ustick Road shall be prohibited
unless specifically permitted by ACHD and the City of Meridian
(12.) Anyre-subdivision of this plat shall be in compliance with the most recently
approved subdivision standards of the City of Meridian.
(J 3.) A note shall be added to the plat stating that this subdivision is subiect to
the terms of the Riczht to Farm Act pertaining to adiacent agriculturalvarcels.
8. Any drainage areas (detensionlretension basins) must be designed to ensure that
water is retained only during 100~year storm events, and for a period of time not to
exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1.
9. A detailed landscape plan, in compliance with the landscape ordinance, shall be
submitted with the Final Plat application(s).
10. Graphically depict any FEMA flood plain boundaries. Note restrictions associated
with the flood zone on the face ofthe preliminary plat.
11. In lieu of installing the 42" dry line sewer in Black Cat Road, a Black Cat trunk
development fee of $1,500.00 per dwelling unit shall be assessed against this
development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 7 OF 15
12. Amend the western terminus of Alderstone Street to provide a public cul-de-sac,
designed to meet Fire Department and ACHD turnaround and access standards.
13. Lot 7, Block 2 does not meet the minimum street frontage requirement on the
Beechstone Street frontage. Either adjust the lot frontage to conform to the
minimum 65-foot frontage, or place an arrow on the lot to signify the front of the
lotlhouse towards Maplestone Avenue.
14. Revise the preliminary plat to show how the existing supplyldrainage ditches that
are within the boundaries of the subdivision are to be treated (ie. piped, abandoned,
etc.) Show all existing and proposed easements for these ditches.
15. Submit revised conceptual engineering sewer profiles to the Public Works
Department for the alignment as submitted on the 4/21/03 plans.
16. Applicant has indicated that surface storm water is to be managed by sub-surface
disposal facilities, however nothing has been shown graphically on the
preliminary plat map. Please revise the plat to show flow directions, and location
of proposed facilities.
17. The applicant has submitted a memorandum from Geo Engineers stating
groundwater was not encountered within 12 feet of the surface. All drainage
areas (detention/retention basins) must be designed to ensure that water is
retained only during 100-year storm events, and for a period oftime not to
exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. The
project engineer should pay close attention to the results of field studies
detennining the groundwater, soil type & and characteristics during the design
and construction phases. The engineer shall be required to certify that the street
centerline elevations are set a minimum of 3-feet above the highest established
nonnal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least I-foot above groundwater.
GENERAL COMMENTS
1. Submit a copy ofthe Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION I (pP-03-008)
PAGE 8 OF 15
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Two-hundred, and 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.
5. 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. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
C. Adopt the Recommendations of ACHD as follows:
1. The applicant shall choose one of the following options:
i. Dedicate by donation an additional 23-feet of right-of-way along Us tick
Road and Black Cat Road, and construct a minimum 5-foot wide
concrete sidewalk along Ustick Road and Black Cat Road, located a
minimum of 41-feet from the centerline of the right-of-way.
11. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road and Black Cat Road, located a
minimum of 41-feet from the centerline of the right-of-way, in an
easement provided to the District.
111. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road and Black Cat Road, located
at the back edge of the existing right-of-way. Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
2. Construct Red Birch Avenue to intersect with Ustick Road and align or
offset Sweetwood Drive a minimum of300-feet (measured centerline to
centerline).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 9 OF 15
3. Construct Birchstone Street (a residential collector roadway) to intersect
Black Cat Road approximately 660-feet north of Us tick Road, as
proposed.
4. Align the intersections of Willows tone Street/Red Birch Avenue and
Alderstone StreetlRed Birch Avenue or provide a minimum offset of 125-
feet (measured centerline to centerline).
5. Align Red Birch Avenue and Oakstone Avenue (near Pinestone Street) or
provide a minimum offset of 125-feet (measured centerline to centerline).
6. Align Red Birch Avenue and Oaks tone Avenue (near Aspen Street) or
provide a minimum offset of 12S-feet (measured centerline to centerline).
7. Construct Red Birch Avenue (from Ustick Road to Pinestone Street) as a
residential collector roadway with a 36-foot street section with vertical
curb, gutter and 5-foot sidewalk within 50-feet of right-of-way, as
proposed. This roadway shall have no front-on housing and parking is
prohibited. Coordinate the signage Program with District staff.
8. Construct Birchstone Street from Black Cat Road to Elmstone Avenue as
a residential collector roadway with a 36-foot street section with vertical
curb, gutter and 5-foot sidewalk within 50-feet of right-of-way, as
proposed. This roadway shall have no front-on housing and parking is
prohibited. Coordinate the signage Program with District staff.
9. Construct the remainder of the internal roadways as 36-foot street
sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-
feet of right-of-way, as proposed.
10. Provide an easement through the common lot(s) on Alderstone Street or
Red Birch Avenue for the out parcel that is located on Ustick Road.
11. Construct Alderstone Street as a stub street to the west property line
approximately 170-feet north of Us tick Road, as proposed. Construct
Alderstone Street as a stub street to the west property line (ensuring that a
stub street will be available in the future if it is desired) with a permanent
cul-de-sac turnaround constructed at the terminus ofthe roadway with a
sign stating that, nTHIS ROAD WILL BE EXTENDED IN THE
FUTURE1t.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 10 OF 15
12. Construct Ashston Avenue as a stub street to the north property line
approximately 340-feet west of Black Cat Road, as proposed. Install a
barricade or bollards at the terminus of the roadway with a sign stating
that, ''THIS ROAD WILL BE EXTENDED IN THE FUTURE".
13. Provide a minimum turning radius of 45-feet for all cul-de-sac
turnarounds.
14. Construct four (4) knuckles within the subdivision, as proposed.
15. Other than the access points specifically approved with this application,
direct lot access to Ustick Road and Black Cat Road is prohibited.
16. Other than the access points specifically approved with this application,
direct lot access and parking will be prohibited on Red Birch Avenue
(from Ustick Road to Pinestone Street) and Birchstone Street (from Black
Cat Road to Elmstone Avenue).
17. Comply with all Standard Conditions of Approval.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Provide an approved turnaround for all streets greater than 150' in length that have no
outlet. It appears that the plan as submitted with a snoopy turnaround meets this
requirement.
E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDNISION I (pP-03-008)
PAGE 11 OF 15
2. All storm drainage must be retained on site.
3. All laterals and wasteways must be protected. The Developer must
comply with Idaho Code 31-3805.
4. NMID recommends that Irrigation be made available.
F. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality.
3. Run-offis not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
5. The Engineers and architects involved with the design ofthe subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
G. Adopt the action ofthe City Council taken at their July 15, 2003 meeting as
follows:
1. The Plat has been revised to add more space to the park located at Lot 5
of Block 6 in order to meet the Landscape Ordinance requirement of 5%
open space. This open space at Lot 5 Block 6, along with other smaller
landscaped entryway lots within the subdivision, will be permanent part
of the subdivision, and which will be owned and maintained by the
Homeowners Association. The Plat dated 07/14/03 is approved by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 12 OF 15
Council.
2. For clarification, since the applicant has altered the plat by adding area to
the park located at Lot 5 of Block 6 in order to meet the Landscape
Ordinance of the 5% open space, this open space at Lot 5 Block 6, along
with other smaller landscaped entryway lots within the subdivision shall
be a permanent part of the subdivision and owned and maintained by the
Homeowners Association. Also during the construction the applicant
shall also be improving approximately 33,300 square feet of the future
school site in order to provide additional useable open space; at the time
the school is constructed this area will be incorporated into the
playground for the elementary school which is Lot 6 Block 6 on the
preliminary plat. This information for the 33,300 square feet usage has
been added as a note to the Preliminary Plat and shall be incorporated
within the CC&R's for Birchstone Creek Subdivision. The applicant
additionally stated at the public hearing on July 15, 2003 that a sign shall
be placed at this site to notify potential buyers that Block 6, Lot 6 and 7
will be the future site of an elementary school, and that a portion of the
present open space will eventually become part of the elementary school
playground.
The applicant shall also coordinate with Wendel Bigham, of the Meridian
Joint School District No.2, on how this open space shall be watered, and
provide written proof to the Planning and Zoning Department on how the
transfer of the lot and incorporation into the school site will be
accommodated.
3. The applicant shall be required access into the school area through the
park, and provide for emergency vehicle access.
NOTICE OF RIGHT TO REGULATORY T AKlNGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision concerning
the matter at issue. A request for a regulatory takings analysis will toll the time period
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 13 OF 15
within which a Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the Sf?:::...
day of /J-v~f'i- ,2003.
ROLL CALL
COUNCILMAN BIRD
VOTED$-a.-
COUNCILWOMAN deWEERD
VOTED~G-
COUNCILWOMAN McCANDLESS
VOTED$~
COUNCILMAN NARY
VOTED~
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED -
~?
fJ/'lRJI ?vf- - (/~ (tJt'vr~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 14 OF 15
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (pP-03-008)
PAGE 15 OF 15
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF BIRCHSTONE )
CREEK, LLC, FOR A VARIANCE TO )
MERIDIAN CITY CODE SECTION )
12-4-5 REQUIRING BLOCKS TO BE )
NOT LESS THAN 400 FEET AND )
NOT MORE THAN 1000 FEET IN )
LENGTH FOR BIRCHSTONE )
CREEK SUBDIVISION, LOCATED )
AT THE NORTHWEST CORNER OF )
USTICK ROAD AND BLACK CAT )
ROAD, MERIDIAN, IDAHO )
CIC 07/08/03
C/C 07/15/03
V AR-03-013
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City Council
on July 8, 2003, and continued until July 15, 2003, and Anna Powell Planning Director for the
Planning and Zoning Department, and Kevin Amar, appeared and testified, and the City Council
having received the transmittal to agencies and having received the variance application, having
heard the testimony presented, being fully advised in the premises does hereby make the
following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and Development
Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps
thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE I V AR-03-0 13
BIRCHSTONE CREEK SUBDIVISION
PAGE 1 OF 10
Resolution No. 02-382 and Maps.
2. The requirements ofIdaho Code SS 67-6509, 6516 and Meridian City Code SS 11-15-
5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Centennial Development, LLC, whose address is 114 E. Idaho
Avenue, Suite 230, Meridian, Idaho 83642.
4. The owner of the property is Marcia A. Bain Trust and Marcia A. Bain and Del L.
Bain, whose address is 4951 Jordan Lane, Meridian, Idaho 83642.
5. The location of the subject property is presently located at the northwest corner of
Ustick Road and Black Cat Road, Meridian, Idaho within a present RUT zone, with an R-8 zone
requested.
6. The legal description ofthe property appertains to the real property that
is included within the Vicinity Map, and which legal description and Vicinity Map appear in the
record of proceeds ofthis matter, and which are on file with the Meridian City Clerk's office.
7. The present land use of the subject property is presently zoned as RUT (Ada County),
and which subject property is presently agricultural land.
8. The proposed land use of subject property is to develop the subject property in the
following malUler: 90-10t residential subdivision and 7 other lots on 34.52 acres to be known as
Birchstone Creek Subdivision.
9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the
proposed scale approved by the City Council showing property lines, existing streets, proposed
district and such other items as required have been furnished.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-013
BIRCHSTONE CREEK SUBDIVISION
PAGE 2 OF 10
10. The applicant, Centennial Development, LLC, has requested a variance from Section
12-4-5 of the MCC, which prohibits residential block lengths from being less than 500 feet or more
than 1,000 feet in length.
11. The Applicant seeks a variance of the following provision of the Meridian
City Code, S12-4-5, BLOCKS, and in the R-8 zone if granted the re-zone, which provides as
follows:
12-4-5 BLOCKS:
Every block shall be so designed as to provide two (2) tiers of lots, except where lots back
onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than
five hundred feet (500') nor more than one thousand feet (1,000') in length.
12. The block that is shorter than 500 feet changed to Block 3 instead of Block 5. One of
the two blocks that is longer than 1,000 feet changed to Block 2 instead of Block 4. Block 6 remains
the same in the revised plat.
Block 6 of the proposed Birchstone Creek Subdivision exceeds the 1,000 foot maximum
block length. The applicant also applied for a variance for exceeding the maximum length on Block
2 (formerly Block 4). However, with the Planning and Zoning Department's new implementation of
a new definition for calculating block lengths blocks are now measured along the longest distance of
a block, in a straight line, from one end of the block to the opposite. Under this new method, Block
2 does not exceed the 1,000 foot maximum block length.
13. The hardship that the applicant states exists with this property is that it would prohibit
the applicant from complying with the ordinance as a result of the design of the development in
relationship to existing conditions in the area and future land uses that are needed when this property
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-013
BIRCHSTONE CREEK SUBDIVISION
PAGE 3 OF 10
is platted. The conceptual design of the school site and the desires of the school district regarding
entrances into the site prevent Block 6 from being designed in a manner that meets the maximum
requirement.
14. Block 6: The Eight Mile Lateral, owned in fee simple by the U.S. Government and
not a part of the applicant's property, borders the west boundary ofthe subdivision. In addition, the
Joint School District No.2 is negotiating with the applicant for a school lot that borders the entire
west boundary of Block 6. In order for Block 6 to be reduced below 1,000 feet in length, a new stub
street or pathway would need to be extended through the school lot. It is also unlikely that the
highway district and irrigation districts will secure future funding for a bridge across the Eight Mile
Lateral.
Block 3: This block is 450 feet long, or 50 feet less than the required minimum length. It is
completely internal to the subdivision, located off the primary access road, Elmstone A venue. The
applicant states the block cannot be extended in length because of "the unique design of this
development in relationship with the proposed school site." It is not found that this block is limited
due to the school site. However, it is restricted by ACHD's minimum street off-set policies, which
require Birchstone St. and Elmstone Ave. to be located off Black Cat and Ustick, respectively, in
their proposed locations.
Therefore, based on the surrounding property uses, ACHD policies, and provision of an
elementary school lot, it is found that special circumstances exist that make strict application ofthis
title impractical and unreasonable.
15. It is found that strict compliance with the City's Ordinances would not be of bene fit to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-013
BIRCHSTONE CREEK SUBDIVISION
PAGE 4 OF 10
the City, the surrounding property owners or the applicant. Based on the nature and location of stub
streets within the adjacent development, it is found that strict compliance to the MCC 12-4-5 would
be unreasonable and would not result in inhibiting the objectives of the MCC.
16. It is anticipated that the variance will not be detrimental to the public's welfare or
injurious to other properties in the area.
17. It is also found that the issuance of a variance to the 1,000 foot maximum block
length for Block 6, and the minimum 500 foot block length for Block 3, within the proposed
Birchstone Creek Subdivision does not have the effect of altering the purpose and interest of the
Zoning Ordinance.
18. All property owners within three hundred feet (3001) of the external boundaries have
been notified by mail, and their mailing addresses may be obtained from the list on file with the
Planning and Zoning Department.
16
19. The variance would not constitute any special privilege for the property owner that
could not be sought by owners of other land in the same situation, and the request does not conflict
with any provisions of the Comprehensive Plan.
20. The applicant paid the fee established by the City Council for application variance.
21. The applicant shall be required to comply with the conditions and requirements of
the Ada County Highway District listed in their letter date June 20,2003, wherein the applicant shall
be required to comply with the conditions and requirements of the corresponding applications in this
matter, Cases AZ-03-008 and PP-03-008, for the Birchstone Creek Subdivision, and additionally
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE I V AR-03-0 13
BIRCHSTONE CREEK SUBDNISION
PAGE 5 OF 10
comply with the Meridian Fire Department requirements, as follows:
A. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Provide an approved turnaround for all streets greater than 150' in length that have no
outlet. It appears that the plan as submitted with a snoopy turnaround meets this
requirement.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local Land Use
Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho
Code S 67~6516 to provide as part of its zoning ordinance for the process of applications for
variance pennits.
2. The City of Meridian has exercised its authority ofIdaho Code S 67-6516 by the
enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian
CityCodeS 11-18.
3. That the requirements for the processing of a variance request are set forth in Idaho
Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-013
BIRCH STONE CREEK SUBDIVISION
PAGE 6 OF 10
4. Application and standards for variances are set forth in Meridian City Code S 11-1S-2,
and the findings which are required are set forth in Meridian City Code S 11-18-3, include required
findings that there are special circumstances or conditions affecting the property that strict
application ofthe provisions of Zoning and Development Ordinance would clearly be impracticable
and unreasonable, and a finding that strict compliance with the requirements of the Zoning and
Development Ordinance would result in extraordinary hardship to the owner, subdivider or
developer because unusual topography, the nature or condition of adjacent development, or other
physical conditions or other conditions that make strict compliance with the ordinance unreasonable
under the circumstances, or that the conditions and requirements of said ordinance will result in
inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified
variance will not be detrimental to the public's welfare or injurious to other property in the area in
which the property is situated, and that such variance will not have the effect of altering the interest
and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan.
5. Meridian City Code, S 12-4-5, BLOCKS, and in theR-S zone, if granted there-zone,
provides as follows:
12-4-5 BLOCKS:
Every block shall be so designed as to provide two (2) tiers oflots, except where lots back
onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than
five hundred feet (500') nor more than one thousand feet (1,000') in length.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-013
BIRCHSTONE CREEK SUBDMSION
PAGE 7 OF 10
Order:
That the Applicant is hereby granted a variance to Meridian City Code Section 12-4-5
requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone
Creek Subdivision for block lengths for Block 6 to be reduced below the 1,000 foot length, and
Block 3 to be allowed the present 450 foot length in Birchstone Creek Subdivision in the R-S zone.
Additionally, the applicant shall be required to comply with the conditions and requirements of the
Ada County Highway District listed in their letter dated June 20,2003, wherein the applicant shall
be required to comply with the conditions and requirements of the Meridian Fire Department, as
listed above in Finding 21, and the corresponding applications in this matter, Cases AZ-03-00S and
PP-03-00S, for the Birchstone Creek Subdivision.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (2S) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE! V AR-03-0 13
BIRCHSTONE CREEK SUBDIVISION
PAGE 8 OF 10
Code.
By action of the City Council at its regular meeting held on the
fir!;.
day
of
/Jz~f I-
,2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED$t<-
COUNCILWOMAN TAMMY deWEERD
VOTED ---fJ:f-a...--
COUNCILMAN WM. L. M. NARY
VOTED*<--
VOTED ~'-
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE
(TIE BREAKER) 4? ,r- /l::?
DATED: V -~ -v-->
VOTED ---.
MOTION:
APPROVED: X
/
DISAPPROVED:
Attest:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attorney office.
ByddL-~~I'()-'
City Clerk ~
Dated:
Z:\ Work\M\Meridian\Meridian 1 5360MIBear Creek No.6 V AR 03 OI5\FfCIsGranIVariance.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 13
BIRCHSTONE CREEK SUBDIVISION
PAGE 10 OF 10
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/15/03
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR APPROVAL )
FOR A DANCE STUDIO USE IN AN )
I-L ZONE, LOCATED AT 269 EAST )
5TH AVENUE, MERIDIAN, IDAHO )
)
SANDY'S DANCEWORK'S, LLC )
DEVELOPMENT, )
APPLICANT )
)
Case No. CUP-03-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on July 15, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department,
and Michael McGinnis, appeared and testified, and the City Council having duly considered the
evidence and the record in this matter and the Recommendations to City Council issued by the
Planning and Zoning Commission who conducted a public hearing and the Council having heard
and taken oral and written testimony, and having duly considered the matter, the City Council
hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-
wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for July 15, 2003, before the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 1 of14
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the July 15, 2003, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an I-L zone and by reason ofthe
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 269 E. 5th Avenue, (on the west side of E. 5th Avenue,
north of Franklin Road, within the Meridian Business Park Subdivision), Meridian, Idaho, and
the parcel is existing within the city limits.
5. The owners ofrecord of the subject property are Wayne E. McDonald and Robert
L. Albrecht.
6. Applicant is Sandy's Danceworks, LLC.
7. The subject property is currently zoned I-L. The zoning district of Light Industrial
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 2 of 14
(I-L) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a dance studio.
The I-L zoning designation within the City of Meridian Zoning and Development Ordinance
requires a Conditional Use Permit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Industrial.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns of Roger Z. Brown and Catherine M.
Brown, expressed in their letter dated June 10, 2003.
12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction ofthe
City of Meridian, subject to the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 3 Of14
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. All exterior lighting, whether attached to the 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 lI-
B -4C.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
3. All construction and site improvements shall conform to the requirements oftheArnericans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may Impose additional
restri ctionsl condi ti ons.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All internal roads shall have a turning radius of28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street SIgnS are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Provide a fire alarm system ifrequired.
7. Comply with the applicable sections of the Fire Code in particular the section on Exiting
requirements.
C. Adopt the Recommendations of Sanitary Service as follows:
FINDINGS OF FACI' AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 4 of 14
1. Waste generation and service needs are unknown at this time, but can be arranged at a later
date, applicant shall call Sanitary Service for an evaluation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
1. If the site plan or use should change in the future, ACHD will review the site plan and may
require improvements to the transportation system at that time.
2. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
14. The applicant has requested approval of a conditional use permit for a dance studio
offering a variety of dance classes for all ages ranging from 3 to adult. The studio will offer
dancewear, miscellaneous snacks, coffee and soft drinks for sale to their customers. Generally,
classes are 1 hour each with the majority of classes from 4:30 p.m. until 9:30 p.m. Morning classes
will also be held. There will be approximately 10-12 students per class. The subject property is
located in an I-L (Light Industrial) zone. A conditional use permit is required for a "private school"
in that zone. "School, Private Commercial" is defined in the zoning ordinance as: A school,
regardless whether it is operated for profit, primarily devoted to instruction in selected subjects such
as dance, music drama, art, languages, martial arts training, etc. The existing building was approved
through the Certificate of Zoning Compliance process on September 6, 2000. A variance was
approved in September 2000 for a landscape buffer reduction which allowed fewer trees. There is an
existing 25' sewer easement and 40' irrigation easement adjacent to the west property line. No trees
are permitted in this location.
15. It is found that the subject property is not large enough to accommodate the required
landscaping, however, they have obtained a variance which allows reduced landscaping. The MCC
(12-13-5) does not specifically list dance studios. The applicant estimates that they will have 10-12
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 5 Of14
students per class. Currently, the site has 31 parking spaces, eight of which are compact. The total
square footage of the building is 13,60S. Of the nine suites designated in the building, three are
occupied. The applicant proposes to occupy an additional three tenant spaces at a total square
footage of approximately 5,000 s.f. In the occupied suites, the main uses are offices and
warehousing. The ordinance requires one parking space for each 1,000 square feet of warehouse
area and 1 per 400 s.f. for office use. At minimum, it is reconunended reserving three parking spaces
for each of the three vacant tenants. Using this calculation would leave a balance of 13 parking
spaces for the dance studio.
16. The current Comprehensive Plan Land Use Map designates the property as
"Industrial". It is found that the proposed use is harmonious with and in accordance with the
Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian
City Code.
17. The adjacent uses, including Idaho Truss to the north, could be deemed
incompatible with a use that involves children. The applicant has stated that the majority of their
classes are in the evening where the existing industrial uses would be less of a concern, however,
they also hold morning classes and there is concern for the safety of the children.
IS. It is not anticipated that the proposed use will have an adverse impact on the other
property in the vicinity.
19. It is found that the proposed development can be adequately served by the
essential public facilities and services.
20. It is found that the proposed use would not create additional requirements at
public cost for public facilities and service, and will not be detrimental to the economic welfare
of the community.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 6 Of14
21. It is not anticipated that the proposed use will be detrimental to any persons,
property, or the general welfare of the City and the existing businesses.
22. The site has 2 existing curb cuts off of E. 5th Street that have been approved by
ACHD and the City of Meridian during the initial building permit process. It is found that the
proposed use will not create significant interference with traffic on the surrounding public streets.
23. It is not found that any natural, scenic or historic feature will be lost, damaged or
destroyed by issuance of this conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establislunent of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 7 of 14
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code S 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Light Industrial District (I-L) a
public hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 8 Of14
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modifY the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions ofthat approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restricti ve standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 9 of14
Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a dance
studio in the I-L zone located at 269 E. 5th Avenue, Meridian, Idaho, subject to the following
conditions of use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. All exterior lighting, whether attached to the 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.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
3. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may Impose additional
restricti onsl conditions.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 10 of 14
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All internal roads shall have a turning radius of28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Provide a fire alarm system if required.
7. Comply with the applicable sections of the Fire Code in particular the section on Exiting
requirements.
C. Adopt the Recommendations of Sanitary Service as follows:
1. Waste generation and service needs are unknown at this time, but can be arranged at a later
date, applicant shall call Sanitary Service for an evaluation.
D. Adopt the Recommendations ofthe Ada County Highway District as follows:
1. If the site plan or use should change in the future, ACHD will review the site plan and may
require improvements to the transportation system at that time.
2. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
infonnation regarding impact fees.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
III accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 11 of14
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the penuit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfY the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shalI be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 12 of 14
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
2Z~
day of
rdttL1'
ROLL CALL:
,2003.
COUNCILMAN KEITH BIRD
VOTED 1J6~
COUNCILWOMAN TAMMY deWEERD
VOTED~
;je4-
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED
COUNCILMAN WILLIAM L.M. NARY
VOTED
v~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7-2--2--03
VOTED
MOTION:
APPROVED:----:x.-
DISAPPROVED:
-~,
Mayor Robert D. Corrie
FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 13 of 14
SEAL
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Department and the City Attorney.
Attest:
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City Clerk
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 14 of14
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR APPROVAL
FOR A DANCE STUDIO USE IN AN
I-L ZONE, LOCATED AT 269 EAST
5TH AVENUE, MERIDIAN, IDAHO
SANDY'S DANCEWORK'S, LLC,
APPLICANT
C/C 07/15/03
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-03-027
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on Julyl5, 2003, under the provisions
of Meridian City Code S 11-17-4 for final action on conditional use pem1it application and the
Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a dance
studio in the I-L zone located at 269 E. 5th Avenue, Meridian, Idaho, subject to the following
conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. All exterior lighting, whether attached to the 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.
2. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City
ORDER CONDITIONAL USE PERMIT
(CUP-03-027)
PAGE 1 OF5
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
3. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may Impose additional
restrictionsl condi tions.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All internal roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street SIgnS are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Provide a fire alarm system if required.
7. Comply with the applicable sections of the Fire Code in particular the section on Exiting
requirements.
C. Adopt the Recommendations of Sanitary Service as follows:
1. Waste generation and service needs are unknown at this time, but can be arranged at a later
date, applicant shall call Sanitary Service for an evaluation.
ORDER CONDITIONAL USE PERMIT
(C UP-03-0 27)
PAGE 2 OF5
D. Adopt the Recommendations of the Ada County Highway District as follows:
1. lfthe site plan or use should change in the future, ACHD will review the site plan and may
require improvements to the transportation system at that time.
2. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
ORDER CONDITIONAL USE PERMIT
(CUP-03-027)
PAGE30F5
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
By action ofthe City Council at its regular meeting held on the
2/)hcL
,?- - day of
J&d:;-
,2003.
...
ORDER CONDITIONAL USE PERMIT
(CUP-03-027)
PAGE40F5
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ORDER CONDITIONAL USE PERMIT
(CUP-03-027)
PAGESOFS
ORDINANCE NO. 03- I tf/ J 0
BY: ~~/e IJtC{ahdLeS.{'
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 11 CHAPTER 1 TO
ADD A NEW SECTION lION APPEALS AND TITLE 12 CHAPTER 4 SECTION 10 J OF
THE MERIDIAN CITY CODE, FENCE - VARIANCE PROCEDURE; PROVIDING FOR A
WAIVER INSTEAD OF A V ARIANCE; PROVIDING FOR AN ADMINISTRATIVE
REVIEW TO BE CONDUCTED BY THE PLANNING AND ZONING ADMINISTRATOR
OR DESIGNEE; AND DELETION AND ADDITION OF LANGUAGE; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title 11, Chapter 1, Section 11 of the Meridian City Code ofthe City of
Meridian is hereby added and shall read as follows:
11-1-11 APPEALS: Appeals of the action of the Administrator or Commission
concerning the administration of this Title and/or Title 12 of the Meridian City
Code may be taken by any aggrieved person. All appeals shall be filed with the
Planning and Zoning Department within fifteen (15) days after the written
decision is issued. The appeal shall specify the grounds upon which the appeal is
filed.
A. After receipt of an appeal of the action of the Administrator. the
Planning and Zoning Commission shall hold a hearing to reach a
decision to uphold or overrule the action of the Administrator. By
maiority vote. the Commission may uphold or overrule the action
of the Administrator.
1. rfthe action of the Administrator is overruled. the Commission
shall issue a written decision and send the matter back to the
Administrator for action consistent with the Commission
decision.
11. If the action of the Administrator is upheld. the Commission
shall issue a written decision stating the decision and the
reasons for the decision.
ORDINANCE AMENDING THE FENCE ORDINANCE
1
B. After receipt of an appeal of an action of the Commission. the
. Council shall hold a hearing to reach a decision to uphold or
overrule the action ofthe Commission. By majority vote. the
Council may uphold or overrule the action of the Commission. If
the action of the Commission is overruled. the Council shall send
the matter back to the Commission for action consistent with the
Council decision.
SECTION 2: That Title 11, Chapter 3, Section 2 of the Meridian City Code ofthe City of
Meridian is hereby amended and shall read as follows:
11-3-2: ADMINISTRATOR:
A. Appointment: The Administrator or designated member of the City staff shall be
appointed by the Mayor and confirmed by the majority vote ofthe City Council.
(Ord. 430, 4-2-1984; amd. 1999 Code)
B. Administrative ,^.ppeals: The Council shall heur and decide appeals where it is
alleged there is an error in uny order, requirement, decision, in-terpretation or
determination made by the ,'\dministrator, Inspector or t1:e Commission.
&-- Duties: The Administrator or designated staff shall administer and enforce this
Title and fulfill all duties imposed by law including, but not limited to:
1. Receive application and distribute to proper authorities;
2. NotifY the news media regarding matters of public interest;
3. Issue zoning permits, occupancy permits, certificates of zoning
compliance; notifications and care for similar administrative
duties;
4. Investigate all violations of this Title, and notify in writing the
person responsible for such violation(s), and order the action
necessary to correct such violation(s); and
5. Assist the Commission and Council in carrying out the provisions
ofthis Title.
SECTION 3: That Title 11, Chapter 15, Section 7 of the Meridian City Code of the City of
Meridian is hereby repealed.
SECTION 4: That Title 11, Chapter 17, Section 7 of the Meridian City Code of the City of
Meridian is hereby repealed.
ORDINANCE AMENDING THE FENCE ORDINANCE
2
SECTION 5: That Title 12, Chapter 4, Section 10 J of the Meridian City Code of the City of
Meridian is hereby amended .and shall read as follows:
12-4-10
FENCES:
J. Variance Waiver Procedure: If an owner or applicant desires to
obtain a yuriance waiver from the provisions of this Section, it
shall not be treatcd as a variance pursuant to the provisions of Title
11, Chapter 18 of this Code or Chapter 11 of this Title and the
procedure for such a variance shall not 1ge governed by the
aforementioned two (2) Chapters. There shall be a special The
procedure for 'lariances from these fence regulations which shall be
as follows: (Ord. 521, '1 3 ] 990)
The Administrator shall review the facts and circumstances of each
fence waiver application to determine whether that evidence
supports the following findings:
a. Granting the fence waiver will not result in any
obstruction of the clear vision triangle at the
intersections of streets;
b. Granting the fence waiver will not compromise
any public safety standards; and
c. Granting the fence waiver will not result in
conditions that will, more probably than not.
place the public or emergency response personnel
in potentially inlurious situations.
2. Contents Of Application For Variance Waiver; Fee: The
owner or applicant shall file an application for a fence variance
waiver with the City Clerk Planning and Zoning Department, with
a copy sent to the City Clerk, which application shall state the
following, and be accompanied by:
a. Address of subject property.
b. Name, address and phone number of applicant.
c. Name, address and phone number of owners of
the subject property.
d. Proof of ownership and of owner's consent.
ORDINANCE AMENDING THE FENCE ORDINANCE
3
e. Legal description of subject property.
f. Present use of subject property.
g. Zoning of the subject property.
h. Schematic drawing of the building and proposed
fence.
1. List of the mailing addresses of all property
owners (from authentic tax records of Ada
County) within two hundred feet (200') of the
external boundaries of the land being considered.
J. Minimum requirements of this Title that need to
be reduced to permit the proposed fence and the
need for the proposed fence waiver.
k. An application fee established by resolution of
the Council. (Ord. 524,4-3-1990; amd. Ord. 557,
10-1-1991)
2. Hearing; Notice: Upon receipt of the fence variance waiver
application, the Zoning Administrator shall set a hearing and see
that notice is mailed by first class mail to all owners of property
within two hundred feet (200') of the radius of the subject
property, which hearing shall be held sooner than fifteen (15) days
after the mailing of the required notice and not more thfrl'l thirty
(30) days after mailing of the required notice. The notice of hearing
docs not need to he published in the official ne'.vspapcr. The notice
shall indicate the substance of the application. the waiver sought by
the owner or applicant, and shall include a copy of the schematic
drawing of the building and proposed fence. The notice shall also
state that any person to whom notice was sent and any person
affected by the proposed waiver, may file a written obiection to the
requested waiver which obiection must be filed with the
Administrator no later than fifteen (15) days after the date of
mailing.
3. Fence Variance Committee Fence \',/aiyer Requcst Hearing:
Thc hearing established by this subsection shall bc conductcd by
the Fcnce Variancc Committec which committce shall be
comprised ofthe City Engineer, the Meridian Policc Chief, onc
ORDINANCE AMENDING THE FENCE ORDINANCE
4
Council member and one Planning: and Zoning member Plannin?:
and Zoning ~'\dministmtor or his/her designee. A quorum of said
Committee shall be a minimum ofthree (3) members ofthe
Committee.
3. If the Administrator receives pertinent and compelling
obiections related to the fence waiver, at his/her discretion. the
Administrator may schedule a hearing on the application. When a
hearing is scheduled, notice of such the hearing shall be mailed to
the applicant and any person who has filed an obiection, not later
than seven (7) days prior to the hearing. A representative from the
Police Department and Public Works Department shall attend the
hearing or shall otherwise provide comment on the waiver
application.
4. Committee Action by Administrator: Upon hearing reviewing
the request for the fence variance waiver after the time for filing
obiections has expired, or after hearing, whichever is applicable,
the Committee Administrator or his/her designee shall either
approve, approve with conditions, or deny or approve with
conditions, the application for fence variance. No written findings
of fact shall be required but a written decision shall be '.'.'ritten sent
to the applicant and to any party requesting written notification of
the decision at the hearing.
5. Appeal: }~ny aggrieved party may appeal the decision of the
Committee directly to the City Council pursuant to subsection 11
15 7 of this Code. (Ord. 521, 1 3 1990) The Zoning Administrator
shall issue a decision or schedule a hearing as noted above not
more than thirty (30) days after mailing of the required notice.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 7: VALIDITY: The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent ofthe Meridian City Council that it would
have passed all other portions ofthis Ordinance independent of the elimination herefrom of any
portion as may be declared invalid.
SECTION 8: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding
commenced or right accrued before this Ordinance takes effect.
ORDINANCE AMENDING THE FENCE ORDINANCE
5
SECTION 9: DATE OF EFFECT: This Ordinance shall be in full force and effect on the
/ !J-IZ day of <:rIeL'} , 2003.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
/5'JZ- day of J hLlJ ' 2003.
APPROVJg> BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /~day
of d MJ-' ' 2003.
"""""'M4~e
\\\ r:: Mr:- III
Attest: \\\\_1 Or I;;:./T,I' 11//
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First Reading: 7--/5"-0.3 ~ "'1{) 'Sr 15\' ~ ~
Adopted after first reading by susP~~6ibU~Rti~~\a~'allowed pursuant to Idaho Code
)( /11 \\\\
50-902 Yes: 1IIIIlilN(!)~\\
Second Reading: --
Third Reading:
STATE OF IDAHO,)
ss.
County of Ada. )
On this i f5~ day of---4tdr..v ,2003, before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
_..0"11I"'0
..~OJ~LS~ ;1.
:;$;X~:orr~t~~\ ~hOvrrYl~n(~
" I , II
(SEAL) n : I II NOTARY PUBLIC FOR IDAHO
Ol I I I!l /'
~ \ I: RESIDING AT: Adct c.oUn-~ Jol~Ju;
~Q. J.~..!tJm.;. lc:'.iPl//' MY COMMISSION EXPIRE: 1-28-05
.. .....<1 ..----iQ~.
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ORDINANCE AMENDING THE FENCE ORDINANCE
6