HomeMy WebLinkAbout2004-03-02
REVISED 2~28-04
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, March 2, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance: tprn\ri- tYf: ;;;:41-- fJitv
X Shaun Wardle XuP___ Bill Nary
I Charlie Rountree =z= Keith Bird
X Mayor Tammy de Weerd
2. Adoption of the Agenda; (}?~l/'<../
3. Short Term Reporting Services Standard Life Insurance - Janice
Smith: .-/-a/r?..e/ ~ CLt;/b?~ .-h~ Iv J-I b,-04-
(*5 minutes)
4. Proposal for Employee Compensation - Pauline Skeggs aRd Stacy.
-Kilchenmann: /-pk..c tvn~ P<dVl~ - ~6U I--v 7- 9-01-
(*5 minutes)
5. Executive Session per Idaho State Code 67-2345(1)(b):
(*70 minutes) 1''-'t:1 dtzdJ"/~.c
6. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
(*10 minutes) ,-zdA:"'J
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - March 2, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 688-4433 at least 48 hours prior to the public meeting.
MAYOR
Tammy de Weerd
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IDAHO lY
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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) 887-2211 . Fax 887- I 297
PLANNING & ZONING
(208) 884-5533 . Fax 888.6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
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, March 2,2004 at 5:30 P.M. The Meridian City Council will be
diSCUSSIng agenda items which are on the regular scheduled City Council meeting as
well as the following issues:
Short Term Reporting Services Standard Life Insurance
Proposal for Employee Compensat;on
Executive Session per Idaho State Code 67-2345(1)(b)
2003 Follow-Up results to the Development Serv;ces Assessment of 2002 by
Dawneen Blakeslee
The public is welcome to attend the meeting.
DATED this 28th day of February, 2004.
A~
WILLIAM G. BERG, JR. - CI
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33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433
City Clerk Ort1ce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-48] 3
February 26, 2004
MERIDIAN CITY COUNCIL MEETING March 2, 2004
APPLICANT ITEM NO. 3
REQUEST Short Term Reporting Services Standard Life Insurance - Janice Smith
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
tIP
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Contacted:
EmaHed:
Date:
Staff Initials:
Phone:
Materials presented at publiC meetings shall become property of the City of Meridian.
February 25, 2004
rES ~I 0
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To: Mayor De Weerd and City Council Members
From: Janice L. Smith, Treasurer
City Of Meridian
City Clerk Office
RE: ReQuest for Sort Term Disability CSTD) Insurance Service Chan2:e
Federal law regulates that Employers (City) must pay their obligated share of FICA and
Medicare tax for any employee that has received any income through Sort Term
Disability Insurance.
These earnings and taxes must be recorded on the Employer's (City) Federa1941 Report
and the State 958 Report.
Currently the City handles this reporting. It is a cumbersome and time-consuming
process and we have had problems getting the taxes paid correctly. We also have to
submit the 941 Federal Wage report manually because electronic filing does not allow
any adjustments that payroll is required to make for short term earnings and taxes. We
are proposing that we take advantage of a service that Standard Insurance, our disability
carrier offers wherein they do all of the tax reporting for disability payments. Standard
Insurance all ready sends the State and Federal W2's for the STD earnings, the new
service would include the reporting and taxes on these earnings. City would no longer be
responsible for the reporting of these earnings and payment of the taxes.
We currently receive a monthly statement from Standard Insurance showing any STD
payments made to the employees, we verify the payments are correct and add the
earnings to the employee's wages and manually add them to the quarterly State and
Federal Wage Report. Ifwe take advantage of Standard's reporting service they will be
responsible for reporting the disability income to the appropriate taxing entities. Since
we would not have to make manual entries for disability we can electron ally submit all
of our tax reports straight from our system.
The service will also streamline our year-end W2 reporting. We have to send
addendums with the W2's because our payroll reports show more income than the
individual W2. In evidently we get a notice from the IRS that the City's payroll reports
do not match the W2's. If Standard did the reporting the City's payroll history, tax
reports and W2's would all reconcile and Standard would be responsible for any IRS
inquiries.
Accounting had requested that Standard bill separately for this service, about $100 per
month to be split among all of the departments, so the cost to each department would be
about $10. Unfortunately they will not do this; they add the cost ofthe service to each
employee's premium. Therefore we are requesting permission for an increase in the
employer's share of the disability premium.
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wages
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PO wages budget need for step increases
FICA
PERSI
Disability Insurance
3,271,300
101,713
TOTAL GENERAL FUND for full year
98,139
3,051
13,906
8,805
11,510
915
136,326
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Oct-Dee OT retro
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324
423
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Special Services
wages
OT retro
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2,255
FICA
PERSJ
Disability Insurance
TOTAL GENERAL FUND for full year
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68
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1,257
100
14,891
Enterprise
wages
OT retro
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10,060.87
FICA
PERSI
Disability Insurance
TOTAL GENERAL FUND for full year
137
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7,359
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Merit Increase
Proposed Bonus
2003-2004
Pay for Perfonnance Program - Max of Range
Rating
Satisfactory 1 $ 250.00 $ 250.00 85%
Competent 6 $ 500.00 $ 3,000.00 90-95%
Excels 4 $ 1,000.00 $ 4,000.00 95-100%
Outstanding 0 $ 1,500.00 $ 100%+
Total 11 $ 7,250,00
Police Step Program - Max of Range
Rating
Satisfactory 0 $ 85%
Competent 5 $ 500.00 $ 2,500.00 90-95%
Excels 6 $ 1,000.00 $ 6,000.00 95-100%
Outstanding 0 $ 1,500.00 $ 100%+
Total 11 $ 8,500,00
.
*The merit percentage calculated by accounting includes those employees who are at or
above their maximum range. Therfore the departments would have the funds to bonus those
individuals that would not be eligible for a merit increase.
N
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FI
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AL REPORT
February 5, 2004
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Participants
The City of Meridian, Idaho requested a salary survey of comparator
organizations throughout the State of Idaho. Respondents included primarily
larger cities throughout the state, as well as two Boise area counties and a
special district. Public sector agencies that responded to the survey include the
following:
o City of Boise
o City of Caldwell
o Ada County Highway District
o City of Garden City
o City of Idaho Falls
o City of Lewiston
o City of Moscow
o City of Mountain Home
o City of Nampa
o City of Pocatello
o City of Post Falls
o City of Twin Falls
o Canyon County
o Ada County
The following report provides a position-by-position review of il1dividual
responses in hourly rate formats. Additional analysis is also included which
provides an overview of all positions and how the City of Meridian compares on
an individual basis.
All information provided within this report is based on responses by individual
organizations. Organizational Leadership Resources is not responsible for
information that is inaccurately provided within the survey responses. Information
was collected via phone interview, written survey, and e-mailed surveys.
Should you have questions regarding the content of this report or related
information, please contact Wade Larson at 208-426-8167.
Salary & Benefits Survey - 1/04
City of Meridian, Idaho
Page 2
Organizational Leadership Resources
fn
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February 26, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
March 2, 2004
ITEM NO.
1
REQUEST Executive Session per Idaho State Code 67-2345(1)lb)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
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:
SffiLERS IRRIGATION:
I DAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
'~
tfr.ci( I
flO
Contacted:
Emaifed:
Date:
Staff Initials:
Phone:
Materials presented at publlc meetings shall become properly of the City of Meridian.
February 26,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
March 2, 2004
ITEM NO.
s
REQUEST 2003 Follow Up results to the Development Services Assessment of 2002 by Dawneen
Blakeslee
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:
f}{Yvf v1J
(II
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
February 26, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
March 2, 2004
ITEM NO. 5- 6
REQUEST Short Term Reporting Services Standard life Insurance - Janice Smith
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POliCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~
~~
pDtV
IV,tt
Jt,J
V
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridtan.
REC
T,(-V
~ h j
..... ' Y~:l
February 25,2004
Ff-S'. , R '1F)fi.iQ
_I <. Ie' !;uti'>
To: Mayor De Weerd and City Council Members
From: Janice L. Smith, Treasurer
City Of MeridiaIl
City Clerk OfFice
RE: Request for Sort Term Disability CST>>) Insurance Service Change
Federal law regulates that Employers (City) must pay their obligated share of FICA and
Medicare tax for any employee that has received any income through Sort Term
Disability Insurance.
These earnings and taxes must be recorded on the Employer's (City) Federal 941 Report
and the State 958 Report.
Currently the City handles this reporting. It is a cumbersome and time-consuming
process and we have had problems getting the taxes paid correctly. We also have to
submit the 941 Federal Wage report manually because electronic filing does not allow
any adjustments that payroll is required to make for short term earnings and taxes. We
are proposing that we take advantage of a service that Standard Insurance, our disability
carrier offers wherein they do all ofthe tax reporting for disability payments. Standard
Insurance all ready sends the State and Federal W2's for the SrD earnings, the new
service would include the reporting and taxes on these earnings. City would no longer be
responsible for the reporting of these earnings and payment of the taxes.
We currently receive a monthly statement from Standard Insurance showing any STn
payments made to the employees, we verify the payments are correct and add the
earnings to the employee's wages and manually add them to the quarterly State and
Federal Wage Report. Ifwe take advantage of Standard's reporting service they will be
responsible for reporting the disability income to the appropriate taxing entities. Since
we would not have to make manual entries for disability we can electron ally submit all
of our tax reports straight from our system.
The service will also streamline our year-end W2 reporting. We have to send
addendums with the W2's because our payroll reports show more income than the
individual W2. In evidently we get a notice from the IRS that the City's payroll reports
do not match the W2's. If Standard did the reporting the City's payroll history, tax
reports and W2's would all reconcile and Standard would be responsible for any IRS
mqumes.
Accounting had requested that Standard bill separately for this service, about $100 per
month to be split among all of the departments, so the cost to each department would be
about $10. Unfortunately they will not do this; they add the cost ofthe service to each
employee's premium. Therefore we are requesting permission for an increase in the
employer's share of the disability premium.
/
,
** TX CONFIRMf.;, iON REPORT **
AS OF FEB 27 '04 16:25 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
32 02/27 16:24 3810160
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00' 52" 002 255 0)(
-------------------------------~------------------------------------------------------------
V~ V~~-f ~ v6lic- Noti~~ (haflt:> ~
CITY OF MERIDIAN
PRE~COUNCIL MEETING
AGENDA
Tuesday, March 2, 2004 at 5:30 p.m.
City Council Chambers
1. Roll~call Attendance:
_ Shaun Wardle _ aill Nary
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Short Term Reporting Services Standard Life lnsurance - Janice
Smith:
f" 5 minutes)
4. Executive Session per Idaho State Code 67-2345(1)(b):
(*75 minutes)
5. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
(*10 minutes)
'"Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian Cl~ Prrt-Council Agenda - March 2, 2004 Page 1 of 1
All materials presel'Ited at public meetings shall become properly of lhe CIty of Meridian.
Anyone desiring acrommodallon for dlsatllllUes related to documents and/or hearings
please contact Ihe City CleJ\('s Office at 8B8-4433 at Jeast48 hours prior to the public meeting.
** TX CONFIRMATION REPORT **
01
02
03
04
05
216
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
DRTE TIME TO/FROM
02/27 16:25 PUBLIC WORKS
02/27 16:27 2084664405
02/27 16:28 8841159
02/27 16:29 2688840744
02/27 16:30 POLICE DEPT
02/27 16:31 8985501
02/27 16:32 LIBRARY
02/27 16:34 IDAHO STATESMAN
212/27 16:35 208 388 6924
02/27 16:36 2088886854
02/27 16:37 ALL AMERICAN INS
02/27 16:38 2218 895 0390
02/27 16:40 128308040
02/27 16:41 208 387 6393
02/27 16:42 RDA CTY DEVELMT
82/27 16:43 8885852
02/27 16:44 CHERRY LANE
02/27 16:46 POST OFFICE
02/27 16:48 IDRHO ATHLETIC C
02/27 16:49 887 0816
82/27 16:51 ID PRESS TRIBUNE
02/27 16:52 2088886701
AS OF FEB 27 '04 16:52 PRGE.B1
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
G3--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
G3--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
80'35" 002
08'35" 002
00'34" 002
00' 34" 002
00'35" 002
210'35" 0212
00' 43" 2102
00'35" 002
00' 42" 002
00'35" 2102
00'35" 2102
00'35" 2102
00' 44" 6212
021'35" 082
210'34" 002
00' 34" 8212
01' 11" 2102
00'53" 2102
00'34" 802
131 ' 11" 13212
1321'35" 0212
80'34" 002
CMDl:1
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
255
STRTUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
----------~------~--~-------------------------~----------------------------~~----~-~--------
V~ y~~-( fUbliG Noti~~/htAlltJ ~
CITY OF MERIDIAN
PRE-COUNCil MEETING
AGENDA
Tuesday, March 2, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Short Term Reporting Services Standard Life Insurance - Janice
Smith:
(* 5 minutes)
** TX CONF I Rho.. , ION REPORT **
AS OF MAR 03 '04 10:09 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
01 03/03 10:05 3810160 EC--S 02'09" 004 054 OK
02 03/03 10: 08 IDAHO ATHl.ETI C C EC--S 01' 17" 004 054 OK
-----------------------------------------------------------------------------~--------------
REVISED 2-28~04 .
CITY OF MERIDIAN
PRE-COUNCil MEETING
AGENDA
Tuesday, March 2, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-carl Attendance: arn'rl. ~ -G"-::4'2- t;-;...,
X Shaun Wardle i(JI'_BiIl Nary
~ Charlie Rountree =z:::.= Keith Bird
~ Mayor Tammy de Weerd
2. Adoption of the Agenda: arp....N't./
3. Short Term Reporting Services Standard Life Insurance - Janice
Smith: .../-r::.t~~Ctdvi:~-- ~~I-v >-{'('-~4-
("5 minutes)
4. Proposal for Employee Compensation - Pauline Skeggs and--Stacy
-Kih.henmanffi .~ p...,....~ t<<tv/~ ~ ra6-eL h 7- 9-,0.1-
("'5 minutes)
5. Executive Session per Idaho State Code 67.2345(1)(b):
("70 minutes) ~ i7U ci SI"-r
6. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
""10 minutes) ,.,<1110:,.,
"Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guide'ine only.
Merlclian City Pre.Cou~n Agenda - March 2. 2004 Page 1 of 1
AU maler;1I1S pr~n\ecl at public meetings ~h811 become prt>perty of tile City of Mertcllln.
Anyone declrlng llCcommooalico lor clisab~!tIe& relllled to documen!:s and/or hearings
please conlacl the City Clerl<'s OHlce at 886-4433 at least 48 hou~ prfor to the pubflc meeting.
~ v..~/ 'irJJ(W ~ ubli G ~ 011 { . .-=7hOYlK;;, ~
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, March 2, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Short Term Reporting Services Standard Life Insurance - Janice
Smith:
(* 5 minutes)
4. Executive Session per Idaho State Code 67-2345(1)(b):
(*75 minutes)
5. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
(*10 minutes)
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - March 2, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 2, 2004 at 7:00 p.m.
City Council Chambers
1. RolI~call Attendance:
X Shaun Wardle k Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2.
Pledge of Allegiance:
/?P'J J~(7Wr "{)-ool' /7
3. Community Invocation by Gordon Slyter Pastor at Treasure Valley
Worship Center: ~~te(lL
4. Adoption of the Agenda: ~fff-ov-<- At' a.n..~V<-
5. Consent Agenda:
A. Approve minutes of February 10, 2004 Pre-Council Meeting: v~v...::.......
B. Approve minutes of February 17, 2004 City Council Regular
Meeting: ~VLC-
C. Findings of Fact and Conclusions of Law for Approval: RZ 03~
012 Request for a Rezone of .85 acre from R~15 to O-T for
proposed Strickland Subdivision by Roy Strickland - 1225 Main
Street: t:Vfi'l'oV<....
D. Findings of Fact and Conclusions of Law for Approval: PFP
03~006 Request for Preliminary Final Plat approval of 2 building
lots on .85 acre in a proposed 0- T zone for proposed Strickland
Subdivision by Roy Strickland - 1225 Main Street: ~~I/-<-
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-063 Request for a Conditional Use Permit to allow a medical
office building in a proposed 0- T zone for proposed Strickland
Subdivision by Roy Strickland - 1225 Main Street: ar~v.-c...
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-064 Request for a Conditional Use Permit for a Planned
Meridian City Council Agenda - March 2, 2004 Page I of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
6.
7.
8.
9.
10.
11.
12.
Development for two buildings on one lot in a L-O zone for Capital
Christian Center by Capital Christian Church - 2760 East Fairview
Avenue: OJ7J'Y".,/'U:...
G. Short Term Reporting Services Standard Life Insurance -
Janice Smith: ~h-et.. f-o /1-L(lA.vA.. 1612-po-1
H. Louisiana Pacific Business Expansion ICOB Grant I City
Sponsorship: ~vv:-
I. Approve Bills:
Department Reports:
'~ V'-<..-
t>. / -12 ~ ~J I3hi/)Wf4'
(- PI Fie I L "7J-p tq-/r...tv.. fJlf.-vi L. ~ z..
Ytl clf.,n);..,..., tJ..r:: /Cov) jUViU! C~c-Ie~
a~Vl-e.-
A. Mayor's Office
1. City Hall Site Selection Process: ~L /-.0 }ktvLck '1/ 7404-
2. Parks and Recreation Commission APPoint~t:
a 1';?r1l~ J;n-.. I3l/e f-
(Items Moved from Consent Agenda)
Tabled from February 24, 2004: FP 04M008 Request for Final Plat
approval of 56 single-family residential building lots and 2 common lots on
17.8 acres in an R-4 PO zone for Lochsa Falls Subdivision No.9 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road: ~ ~ 3-c;-lJ4--
Tabled from February 24, 2004: FP 04-007 Request for Final Plat
approval of 26 single-family residential building lots and 1 common lot on
11.96 acres in an R-4 PO zone for Lochsa Falls Subdivision No. 10 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road: -f,vu:.e. fr;; :3- 9-p+-
FP 04-013 Request for Final Plat approval of 74 single-family residential
building lots and 1 common lot on 23.59 acres in an R-4 zone for Cobre
Basin Subdivision No.3 by Havasu Creek, LLC - west of North Locust
Grove road and south of East McMillan Road: r1'~~
Continued Public Hearing from February 24,2004: Idaho Community
Development Block Grant - Meridian Senior Citizen Center:
ctvk fJ/ Iv
Public Hearing: AZ 03-021 Request for reconsideration for annexation
and zoning of 114.52 acres from RUT to R-8 (PD) and C-G zones for
proposed Redfeather Estates Subdivision No.2 by Packard Estates
Meridian City Council Agenda - March 2,2004 Page 2 oD
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hQurs prior to the public meeting.
13.
14.
15.
16.
17.
18.
19.
20.
Development, LLC - south of East Ustick Road and east of North Eagle
Road: Il.:!1J7,r..e? /-a ~p(vL(. .f!/C.( c(,( ~ ~ov.----e..
Public Hearing: PP 03-024 Request for reconsideration for revised
Preliminary Plat approval of 302 building lots and 28 other Jots on 90.29
acres in a proposed R-8 (PO) zone for proposed Redfeather Estates
Subdivision No.2 by Packard Estates Development, LLC - south of East
Ustick Road and east of North Eagle Road: /: ~ . I
c<--I9-nr~':J {..o prttpP'U... ~/F (' cl..e nJY ~Vc.A....
Public Hearing: CUP 03-041 Request for reconsideration for revised
Conditional Use Permit for a Planned Development for single-family
residential use with reduced setbacks, lot sizes, lot frontages, house sizes
and increased block lengths for proposed Redfeather Estates
Subdivision No.2 by Packard Estates Development, LLC - south of East
Ustick Road and east of North Eagle Road:.
.Ivtf€1r-J'l21 to pref/tJ.A.e .rl ~ f c/.1' -fin-- &VI' ~v d
Public Hearing: PP 03-043 Request for Preliminary Plat approval for 11
commercial building lots 1 common lot on 15.8 acres in a C-G zone for
Sparrowhawk Subdivision by David Waldron - northeast corner of North
Nola Road and East Franklin Road:
c<--fftrrr.<;j to ~f?w-.L R,c". tJ/~ Arr iCj~vv....L
Public Hearing: CUP 03-066 Request for a Conditional Use Permit for a
modification to the existing Conditional Use Permit (Planned
Development) for Sparrowhawk Subdivision by David Waldron -
northeast corner of North Nola Road and East Franklin Road:
1fV-f-It?rr..etJ -to F.el'~ /11- f ciA' ~!in-- ~,t?fFYo~
Public Hearing: CUP 03-068 Request for a Conditional Use Permit for
professional office and retail use in a C-G zone as required by the Final
Plat for Mallane Professional Offices by Thomas R. Williams - south of
North Hickory Way and north of East Fairview Avenue:
ctf""~? ~ ftr'ef'P--L ~f:tCI.R .An- ar~v~
Ordinance No. ()4 - 10 [3 : AZ 03-033 Request for
annexation and zoning of 10.05 acres from RUT to R-8 zones for
proposed Baldwin Park Addition by Capital Development - north of
West Ustick Road and east of North Linder Road: ~v-L-
Water, Sewer, & Trash Delinquencies: v-fl?"'/I"'<-'
Executive Session: b7"'-Z.!47 (() (b)
Ie. c r;le CI':-; I ~ S
Meridian City Council Agenda - March 2, 2004 Page 3 of 3
All materials presented at public meetings shall become properly of the City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
February 26, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Roy Strickland
RZ 03-012
March 2, 2004
ITEM NO. 6.e
REQUEST Findings - Request for a Rezone of .85 acre from R-15 to O-T zones for proposed
Strickland Subdivision -1225 Main Street
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATfORNEY
CITY POLlCE DE?T:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
~.r/
O1Jf
Contacted:(
Emailed:
Date: lit !Dtj Phone: C[::S . EO l.:s
, ' Staff Initials: :i::-
t public meetings shall become properly of th.vCify of Meridian.
FEB
if
,
City Of Meridian
City Clerk Office
WHITE PETERSON
ArrORNEYS AT LAw
KEV1NE. DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAY, III
T. Guy HA~LA1II H
JILL S. HOLlNKA
JOHN R. KORIIIANIK *
WI~LlAM A. MORROW
WI~LIAM F. NICHOLS"
WHrfEPETERSON,I'.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687"7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRISTOPHER S. NYE
PHI~IP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE ...
. Also admitted in CA
.. Also admitted in OR
... Also admitted in WA
February 20, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: STRICKLAND SUBDIVISION I REZONE FINDINGS / REZONE
ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE
AND SUMMARY COVER LETTER - RZ-03-012
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as
per instructions from the Council meeting of February 17, 2004, and which are on an upcoming
agenda.
Also, please find enclosed the above Rezone Ordinance and the Certification of the
Clerk for the rezone for City of Meridian. After the Findings of Fact and Conclusions have been
adopted, then please place this ordinance on the City Council agenda. This ordinance should not
be passed until the Findings of Fact and Conclusions of Law and Decision and Order Grantinf;!
Application for Rezone are adopted. Additionally, I have enclosed a Sununary Ordinance and the
cover letter, which Sununary Ordinance will need to be presented to the Council at the same time the
full zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Z:\Work\M\Meridian\Meridian I 5360J\I\'ilrickland Sub RZ-03-012 I'FI'-03-o06 CUP-03-o63\FFCL and OrdinanceClk 02 20 04.do;
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02-17-04
IN THE MATTER OF THE )
REQUEST FOR REZONE OF 0.85 )
ACRE FOR STRICKLAND )
SUBDIVISION FROM R-15 TO O-T, )
LOCATED AT 1225 MAIN STREET, )
MERIDIAN, IDAHO )
)
ROY STRICKLAND, )
APPLIICANT. )
)
Case No: RZ-03-012
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of .165 acres having come
on for public hearing on February 17,2004, at the hour of 7:00 o'clock p.m., and Council having
received the report of Alma Powell Planning Director for the Planning and Zoning Department,
and Charles Eldredge, appeared and testified, and the Council having received the record oftms
matter made before the Plmming and Zoning Commission, and having received their
Recommendation to the City Council, m1d 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, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hem-jug scheduled for February 17, 2004,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION -I (RZ-03-012)
PAGE 1 OF 16
before the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers ofrecord within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the February 17, 2004, public hearing; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full oPPOltunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ~~67-6509 and 67-6511, and Meridian City Code ~Sll-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, 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.
4. The property is approximately 0.85 acre in size and is at 1225 Main Street,
Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City
Hall, 33 East Idaho, Meridian, Idaho. The legal description submitted with the application is
accurate and meets the requirements ofthe City of Meridian and State Tax Commission.
5. The owner ofrecord of the subject propelty is Lynn M. Hamilton, who has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION -I (RZ-03-012)
PAGE2 OF 16
given consent for the applicant to submit the requested applications.
6. The Applicant is Roy Strickland.
7. The property is presently zoned as R-15 and has an existing house on the
property.
8. The Applicant requests the property be rezoned to O-T.
9. The proposed site is bordered to the north by an existing house, zoned R-
15, and a gift shop, zoned C-C, to the south by an existing residence, zoned R-15, and a karate
studio, zoned C-C, to the east by the Meridian Post Office, zoned R-15, and to the west by an
existing residence, zoned R-4, and Allstate Insurance, zoned L-O.
10. The Applicant proposes to develop the subject property in the following
maImer: as a multi-tenant medical/office building.
11. There are no significant or scenic features of major importance that affect
the consideration of this application.
] 2. In review of the application for rezone it is provided at Meridian
City Code S 11-15-11 for the General StandaI'ds that the Commission and Cowlcil review this
proposed zoning amendment aIld pursuant to the criteria of said section finds that:
12.1 The new zoning will be harmonious with and in aCCOrdaI1Ce with the
Comprehensive Plan;
12.2. The area included in the zoning aInendment is not intended to be rezoned
in the future;
12.3 The proposed use will be designed, constructed, operated aud maintained
to be harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not change
the essential character ofthe same area, subject to the conditions of the
conditional use process;
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDlVISION - / (RZ-03-012)
PAGE 3 OF 16
12.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
12.5, The m'ea will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning anlendment shall be able to provide
adequately any of such services;
12.6 The use will not create excessive additional requirements at public cost for
public facilities and services mId will not be detrimental to the economic
welfare of the community;
12.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
propeliy or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
12.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
12.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
12.10 The proposed zoning will be in the best interest of the City of Meridian.
12.2 Staff conditions provide as follows;
A. Adopt the Recommendations of the Meridian Plmming & Zoning Department as follows:
SITE SPECIFIC COMMENTS (Rezone)
1. A Development Agreement will not be necessary with this rezone. All conditions of
approval will be made as part of the plat and conditional use permit
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Construct a 5-foot wide detached concrete sidewalk on Meridiml Road located 2-feet
within the right-of-way. Coordinate the location and elevation ofthe sidewalk with District
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION -I (RZ-03-012)
PAGE 4 OF 16
staff. If the sidewalk meanders outside of the right-of-way, provide all easement for the
sidewalk. The District will require a license agreement for the landscape strip with the
detached sidewalk. An agreement must be approved prior to the issuance of a building
permit (or any other required permits), Please contact the Right-of-Way Division at 387-
3271 for guidelines.
2. Replace unused curb cut on Main Street with standard curb, gutter and concrete
sidewalk to match existing improvements,
3. The applicant shall be required to provide access to the two lots internally from the
improved alley.
4. Dedicate additional right-of-way to provide 10-feet from centerline of the alley.
5. Provide additional pavement to the alley with the dedication of right-of-way.
6. Other than the access point(s) specifically approved with this application, direct lot or
parcel access to Main Street alld Meridiall Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace allY existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-6258
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepal'e and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-I5 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 5 OF 16
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design changes.
7. Construction, use alId property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 198, also lmown as Ada County Highway District Road Impact
Fee Ordinallce.
9. It is the responsibility oftbe applicant to verify all existing utilities within the right-
of-way. The applicallt at no cost to ACHD shall repair existing utilities danlaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing alld signed by the applicallt or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any Challge from the Ada County Highway
District.
11, Any Challge by the applicant in the planned use ofthe property which is the subject of
this application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Depaliment as follows:
1. Provide a fire-flow per the International Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart.
2. All intemal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads within the project shall have a cleal- driving surface with a minimWll
width of 20' available at all times, Provide a 20' driving surface in the alley for building
access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 6 OF 16
] 6. It is found that the requested zoning designation of 0- T is in accord with the
Comprehensive Plan's Future Lane Use Map, which delineates the subject property as "Old
Town". The text of the Comprehensive Plall (page 99) supports a variety of uses in the O-T
zone, including offices. In addition, it states, "In order to provide and accommodate preservation
of the historical chal'acter, specific design requirements may be imposed. Pedestrian amenities
would be emphasized."
17. It is not anticipated that the applicant intends to rezone the subject property
again in the future, and the proposed re-zone and accompanying development plans comply with
the requested zone.
18. It is found that the applicallt has submitted detailed development plans for a
Conditional Use Permit for the property. It is further found that the proposed multi-tenant office
use will only be allowed with the approval of a Conditional Use Permit in the proposed Q-T
zone.
19. It is found that the recent adoption of the City's new Comprehensive Plan has
provided the applicant with the ability to request the 0- T zone for the subject property. Much of
Meridian Road has already redeveloped from residential to office or commercial uses,
20. It is found that the proposed development is designed in a malmer that will be
harmonious with and appropriate in appearance with the existing neighborhood and intended
character of the area. The applicant has placed the parking in the rear of the building, with new
detached sidewalks along Meridian Road.
21. It is found that the requested rezone should not be disturbing to existing or
future neighboring uses. Through the comp plan process, the City determined that compact,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-0I2)
PAGE 7 OF 16
infill development was an appropriate use for the area. Any future use of the propeliy that will
have a significant impact on the properties will require conditional use approval under CUlTent
ordinances, and adjoining property owners will have an opportunity to comment. It is anticipated
that the proposed office building use will not be hazal-dous or disturbing to the neighboring uses.
22. It is found that the proposed uses can be served adequately by all essential
public services and facilities. Drainage will need to be retained on site.
23. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities alld services. Additionally, it is found that the
proposed rezone will not be detrimental to the community's economic welfare.
24. It is found that the proposed Q-T zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials, equipment, and
conditions that are detrimental to the general welfare of the community.
25. It is found that the proposed Q-T zoning will not interfere with general traffic
patterns on any public streets. Review of the revised ACHD report, dated December 23, 2003,
will provide a full report on traffic issues.
26. It is found that there are several existing matme trees on the site. Some will
be affected by the proposed parking area. It is recommended that the applicant coordinate with
the City Arborist, Elroy Huff, at the Parks Department for a determination on whether the trees
must be mitigated for.
27. It is also found that the proposed rezone would be in the best interest of the
City by allowing a property owner to make improvements to the property for re-development that
would otherwise not be allowed without the rezone.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION -I (RZ-03-012)
PAGE 8 OF 16
CONCLUSIONS OF LAW
1.
for rezone.
The City of Meridian has authority to rezone real property upon written request
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 PlalUling Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of the Amended Comprehensive Plall City of Meridian adopted August 6,
2002, Resolution No. 02-382.
4. The requested zoning of Old Town District, (0- T) is defined in the Zoning
Ordinance at 11-7-2 L as follows:
(O-TJ Old Town District: The purpose of the OT District is to accommodate and
encourage further expansion of the historical core of the community; to delineate a
centralized activity center and to encourage its renewal, revitalization and growth as the
public, quasi-public, cultural, financial alld recreational center of the City. A variety of
these uses integrated with general business, medium-high to high density residential, and
other related uses is encouraged in an effOli to provide the appropriate mix of activities
necessary to establish a truly urball City center. The District shall be served by the
Municipal water and sewer systems of the City. Development in this District must give
attention to the handling of high volume of traffic, adequate parking, alld pedestrian
movement, and to provide strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
5. Idaho Code S 67 -6511 (c) provides in matters where the City Council is considering
a zoning designation application as follows:
"If the request is found by the governing board to be in conflict with the adopted plall, or
would result in demonstrable adverse impacts upon the delivery of services by any
political subdivision providing public services, including school districts, within the
planning jurisdiction, the governing board may require the request to be submitted to the
planning or plalming and zoning commission or, in absence of a commission, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO 0- T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 9 OF 16
governing board may consider an amendment to the comprehensive plall pursuant to the
notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan
has been amended, the zoning ordinance may then be considered for amendment pursuant
to section 67 -6511 (b), Idaho Code."
6. The City of Meridian by the adoption of Meridiall City Code S 11-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment conceming the use or development of the subject property.
7. S 11-6-1 ZONING DISTRICT MAP provides in pal1 as follows:
The districts established in this OrdinallCe as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as pmi of this Ordinance. Where
uncertainty exists with respect to the boundaries of allY of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundal'y;
7.2 Where district boundaries me so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of-way lines of
highways, such district boundaries shall be construed as being pmallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundal'y of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. S 11-15-110fthe Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in pali as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDlVISION - / (RZ-03-012)
PAGE 10 OF 16
8.1 The new zoning will be harmonious with alld in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed ill the fashion that is allowed under the new
zomng.
8.4 There has been no change ill the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appeal'ance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The area will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
serVIces;
8.8 The use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfal'e of the
community;
8.9 The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create all interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major impOliance; alld
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO 0- T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 11 OF 16
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
1. The Applicant's request for rezone of 0.85 acre as a multi-tenant medical/office
building, is subject to the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Meridian Plalming & Zoning Department as follows:
SITE SPECIFIC COMMENTS (Rezone)
1. A Development Agreement will not be necessary with this rezone. All conditions of
approval will be made as pad ofthe plat alld conditional use permit.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
I. Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet
within the right-of-way, Coordinate the location and elevation ofthe sidewalk with
District staff. If the sidewalk meanders outside of the right-of-way, provide an
easement for the sidewalk. The District will require a license agreement for the
landscape strip with the detached sidewalk. An agreement must be approved prior to
the issuance of a building permit (or any other required permits). Please contact the
Right-of-Way Division at 387-3271 for guidelines.
2. Replace unused curb cut on Main Street with standal-d curb, gutter and concrete
sidewalk to match existing improvements.
3. The applicallt shall be required to provide access to the two lots internally from the
improved alley.
4. Dedicate additional right-of-way to provide 10-feet from centerline of the alley.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 12 OF 16
5. Provide additional pavement to the alley with the dedication ofright-of-way.
6. Other than the access point(s) specifically approved with this application, direct lot or
parcel access to Main Street alld Meridiall Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street f)'ontages abutting the site shall
be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk alld allY that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280
(with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinallces unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The appliCallt at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R~15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 13 OF 16
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) me
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicallt or the applicant's authorized representative and all
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any Challge from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subj ect of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plallS, 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
grallted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations ofthe Meridian Fire Depaltment as follows:
1. Provide a fire-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed all average of 400' apati.
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads within the project shall have ac1ear driving smface with a minimum width
of20' available at all times. Provide a 20' driving surface in the alley for building access.
3. The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real propeliy which is the
subject of the application to (O-T) Old Town District (Meridian City Code S 11-7-2 L) which
ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Depmtment shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in
accordance with the provisions of the rezoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 14 OF 16
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 thall 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 a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on fht/A C/h.- ~, 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED ~
COUNCILMAN BILL NARY
VOTED$
COUNCILMAN CHARLIE ROUNTREE
VOTED ~tL-
COUNCILMAN KEITH BIRD
VOTED ~eL
MA YOR TAMMY de WEERD (TIE BREAKER)
DATED: "'3-- 2---04-
----
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-lS TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 15 OF 16
MOTION:
APPROVED: .)(
DISAPPROVED:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 0.85 ACRE FROM R-15 TO O-T
BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012)
PAGE 16 OF 16
February 26,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Roy Strickland
PFP 03-006
March 2. 2004
ITEM NO. 6- D
REQUEST Findings - Request for Preliminary / Final Plat approval of 2 building lots on .85
acre in a proposed O-T zone for proposed Strickland Subdivision - 1225 Main street
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:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
M~
Contacted:
Emailed:
Date: P~one: ~5g -00 l:S
, Staff Initi Is: ~
bUe meetings shall become property of the Cil.J1f Meridian.
Interoffice
FEB ~, 4 2004
City Of Meridjan
City Clerk Office
MEMORANDUM
To:
William G. Berg, If.
From:
Wm. F. Nichols
Subject:
Strickland Subdivision By: Roy Strickland
File No.
PFP-03-006 - Findings of Fact and Conclusions of Law and Order of Conditional
Approval of Pre liminaryIFina I Plat
Date:
February 20,2004
Will:
Regarding the above referenced matter, please find enclosed the original of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELTh.1INARYIFINAL PLAT, for approval and signature by the Mayor and
yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate
of Service in the file, and conformed copies to the Planning and Zoning Department, Public
Works, and the City Attorney.
If you have any questions please give me a calL
Z:\Work\M\Meridian\Meridian I 5360M\Strickland Sub RZ-03-0]2 PFP-03-o06 CUP-03-o63\Berg PFP MEMO 02 ]8 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARY/FINAL PLAT FOR )
STRICKLAND SUBDIVISION, LOCATED AT )
1225 MAIN STREET, MERIDIAN, IDAHO )
)
)
)
)
BY: ROYSTRICKLAND, )
APPLICANT )
)
)
C/C 02117/04
CASE NO. PFP-03-006
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 February 17, 2004, and Anna Powell Planning Director, and Charles Eldredge, appeared and
testified at the hearing, and the City Council having received a report from Steve Siddoway for
the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the
City Council having received as part ofthe record of this matter the recommendation to City
Council of the Planning and Zoning Commission and the applicant having submitted the Plat
Drawing described as follows, "FINAL PLAT, STRICKLAND SUBDIVISION, SPECIALTY
HOMES, INC., PLAT SHOWlNG STRICKLAND SUBDIVISION, THE SOUTH 83 FEET OF
THE NORTH Y2 OF BLOCK 2, F.A. NOURSE'S THIRD ADDITION LOCATED IN THE NW
Y4 OF SECTION 7 T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET C-
2, SHEET 1 OF 2, DRAWN BY: RLC, CHECKEDBY: DAVID A. BAILEYP.E., PROJECT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 1 OF 11
NO. C23030, DATE: 11-20-03, REVISED: NO. 1 - DATE: 02-12-04 - DESCRIPTION 1 ST
REVIEW COIvIMENTS, BAILEY ENGINEERING, INC. - CIVIL
ENGINEERING/PLANNING", Roy Strickland submitted for preliminary/fmal plat approval,
and which preliminary/final plat application is herein received and adjudged by the City Council,
pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following
findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6,2002, Resolution No. 02-382, and the property
is presently zoned R-15 (Medium High Density Residential District), however, there is a rezone
application request before the Council to rezone the property to 0- T Old Town, and requires
connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2
L]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6,2002, Resolution No. 02-382.
3. It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Future Land Use Map designates the property as Old Town. Existing zoning on the
property is Medium High Density Residential (R-15). The subject plat is intended for office
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYfFINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 2 OF 11
development in compliance with the proposed CUP and the Comprehensive Plan.
4. It is determined that public services are available to accommodate the proposed
development. All adjacent public roadways have been completed and accepted by ACHD.
Municipal water and sewer service is existing adjacent to both lots.
5. It is found that the subdivision will not require the expenditure of any capital
improvement funds. All required utilities are in place as constructed with previous development.
6. It is found that the development will not require major expenditures for providing
supporting services. Utilities exist adjacent to the property, as this is an infill project. The
primary public costs to serve the future residents will be fire and police services. The applicant
will be responsible for any required extensions of the utilities and for development of an
irrigation system.
7. The development, ifbuilt in accordance with the conditions, and as proposed, will
be compatible within the vicinity, and will not create health, safety or environmental problems,
nor will the development have an adverse impact on other persons, property, or uses within the
vicinity.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 3 OF 11
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The PreliminaryIFinal Plat of the applicant as evidenced by "FINAL PLAT,
STRICKLAND SUBDNISION, SPECIALTY HOMES, INe., PLAT SHOWING
STRICKLAND SUBDNISION, THE SOUTH 83 FEET OF THE NORTH ~ OF BLOCK 2,
F.A. NOURSE'S THIRD ADDITION LOCATED IN THE NW ~ OF SECTION 7 T.3N., R.IB.,
B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET C-2, SHEET 1 OF 2, DRAWN BY:
RLC, CHECKEDBY: DAVID A. BAILEYP.E., PROJECT NO. C23030, DATE: 11-20-03,
REVISED: NO.1 - DATE: 02-12-04 - DESCRIPTION 1 ST REVIEW COMMENTS, BAILEY
ENGINEERING, INC. - CNIL ENGINEERING/PLANNING", has been submitted for
preliminary/final plat.
2. The conditions of Staff pertaining to the PreliminaryIFinal Plat comments are as
set forth in the Memorandum to the Mayor and City Council from Steve Siddoway for the
Planning and Zoning Department, and Bruce Freckleton, Engineering Teclmician ill, dated:
Transmittal Date: January 9,2004 and Hearing Date: January 15, 2004, listing 7 Site Specific
Comments - PreliminaryIFinal Plat and 11 General Comments - PreliminarylFinal Plat, a true
and correct copy of which is attached hereto and marked Exhibit "A", and consisting of thirteen
pages, and by this reference incorporated herein, with the additional requirements from the City
Council from their meeting of February 17, 2004, and the requirements are as follows, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS - PRELIMINARYIFINAL PLAT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 4 OF 11
1. All landscaping will be required per the landscape plans submitted with the
application; with modifications as noted in the CUP section of this report.
2. All conditions ofthe accompanying Conditional Use Permit application shall also be
considered conditions of the Preliminary Plat.
3. Sanitary sewer and water service to this development shall be via service line
extensions from the existing City of Meridian mains adjacent to the project.
4. Correct the year of platting on the final plat map to "2004."
5. Correct the bearing tie to the RPOB (N89035'4Q 34" W).
6. The applicant has requested a variance to the pressurized irrigation ordinance. Ifthe
variance is granted, the applicant shall be subject to paying well development fees in lieu of
providing a pressurized irrigation system to serve this development.
7. Add or revise the following final plat notes:
(8.) The bottom elevation of structural footings shall be set a minimum of 12-
inches above the highest established nonnal ground water elevation.
GENERAL COMMENTS-PRELIMINARY/FINAL PLAT
1. Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, play equipment, pressurized irrigation; sanitary sewer, water; etc., prior
to signature on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 5 OF 11
4. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-
13-10-8.
5. lOO-watt, high-pressure sodium streetlights will be required at locations designated
by the Public Works Department. Any streetlights shall be installed at subdivider's expense.
Typical locations are at street intersections and/or fire hydrants. Final design locations and
quantity are determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Works Department prior
commencing installations.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works Department. Iflateral users association approval can't be
obtained, plans will be reviewed and approved by the meridian City Engineer prior to final
plat signature.
7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking
areas. All drainage water is to be maintained on-site. Storm water treatment and disposal
must be designed in accordance with Department of Environmental Quality 1997 publication
Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City
of Meridian standards and policies. Off-site disposal into surface water is prohibited unless
the jurisdiction which has authority over the receiving stream provides written authorization
prior to development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
Submit all updated grooodwaterlsoils reports to the Public Works Department for review.
Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period oftime not to exceed 24 hours for all storms up to
and including a 100-year storm event. Side slopes within drainage areas shall not exceed
3:1.
8. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 6 OF 11
removed. Required landscaping trees will not be considered as replacement trees for those
trees that are removed.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may
be used for non-domestic purposes such as landscape irrigation.
11. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill material.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Construct a 5- foot wide detached concrete sidewalk on Meridian Road located 2- feet
within the right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District will require a license agreement for the landscape strip with the
detached sidewalk. An agreement must be approved prior to the issuance of a building
permit (or any other required permits). Please contact the Right-of-Way Division at 387-
3271 for guidelines.
2. Replace unused curb cut on Main Street with standard curb, gutter and concrete
sidewalk to match existing improvements.
3. The applicant shall be required to provide access to the two lots internally from the
improved alley.
4. Dedicate additional right-of-way to provide lO-feet from centerline of the alley.
5. Provide additional pavement to the alley with the dedication of right-of-way.
6. Other than the access point(s) specifically approved with this application, direct lot or
parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
7. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 7 OF 11
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-6258
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and an
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 8 OF 11
authorized representative ofthe Ada Coooty Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the International Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart.
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Provide a 20' driving surface in the alley for building
access.
D. Adopt the Recommendations of Central District Health Dept 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-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL AFPROV AL OF
PRELIMINARYIFINAL PLAT-
STRICKLAND SUBDIVISION - (PFP-03.006)
PAGE 9 OF 11
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. If aU storm drainage is retained on-site there will be no impact on the District and
no further review will be required.
2. However, if surface drainage leaves the site, the District requires a Land Use
Change Application be filed for review prior to final platting
3. All laterals and waste ways must be protected. The developer must comply with
Idaho Code 31-3805.
3. The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
STRICKLAND SUBDIVISION - (PFP-03.006)
PAGE 10 OF 11
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 Code.
By action of the City Council at its regular meeting held on the
1l7~ ,2004.
2i...d
- day of
Attest:
By:J~~~T 9-
City Clerk
Dated:
:]'-- 2 -CJ 4-
Z:\Work\M\Meridian\Meridian I 5360M\Strickland Sub RZ-03-Q12 PFP-Q3-Q06 CUP-Q3-Q63\PFP Ftcls.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
STRICKLAND SUBDNISION - (PFP-03-006)
PAGE 11 OF 11
February 26,2004
MERIDIAN CITY COUNCIL MEETING
CUP 03-063
March 2, 2004
APPLICANT Roy Strickland ITEM NO. 5.. [:
REQUEST Findings - Request for a Conditional Use Permit to allow a medical office
building in a proposed O-T zone for proposed Strickland Subdivision - 1225 Main Street
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
Contacted:
Emailed:
Date:
Staff Initials:
Phone: 03'6-cDL3
interoffice
MEMORANDUM
FEB ;: ~ 200it
City Of IvIBridian
City Clerk Office
To:
William G. Berg, Jr.
From:
William F. Nichols
Subject:
BY: ROY STRICKLAND FOR CONDITIONAL USE PERMIT TO ALLOW A
MEDICAL OFFICE BUILDING IN A PROPOSED 0- T ZONE FOR
STRICKLAND SUBDIVISION
File No.:
CUP-03-063
Date:
February 20,2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\ W ork\M\Meridian\Meridian 15360M\Strickland Sub RZ-Q3-Q 12 PFP-Q3-Q06 CUP-Q3-063\ClkLtrCUP ffcls&Order 02 20 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A MEDICAL
OFFICE BUILDING IN A
PROPOSED 0- T ZONE, LOCATED
AT 1225 MAIN STREET,
MERIDIAN, IDAHO
ROY STRICKLAND,
APPLICANT
C/C 02-17-04
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Case No. CUP-03-063
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
COWlcil on February 17,2004, 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 Charles Eldredge, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City COWlcil
issued by the Planning and Zoning Commission who conducted a public hearing and the Council
having heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 1 OF 20
(2) consecutive weeks prior to the said public hearing scheduled for February 17, 2004, 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') ofthe external
boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the February 17,2004, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction ofthe City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting :filed with the staff
report.
3. This proposed development request is in an R-15 zone and by reason of the
provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 1225 Main Street, Meridian, Idaho.
5. The owner of record of the subject property is Lynn M. Hamilton.
6. Applicant is Roy Strickland.
7. The subject property is currently zoned R-15. There is, however, an accompanying
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 20
application for rezoning to 0- T. The zoning district of 0- T is defined within the City of
Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a Conditional Use Permit approval for a multi-
tenant medicaVoffice building in an 0- T zone. The 0- T zoning designation within the City of
Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for
nursing homes (MCC 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and
all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps
and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 20
CONDITIONS OF APPROVAL
1. The building and site improvements shall be constructed per the approved plans with
all modifications required by this report.
2. All conditions of the accompanying PreliminarylFinal Plat application shall also be
considered conditions of the CUP.
3. One freestanding sign on Meridian Road will be allowed for the project as presented
during the hearing.
4. The existing home on proposed Lot 2 shall remain as residential use only until
approved for non-residential use. Process and conditions to change the use will be subject to
the ordinances in effect at the time of application.
5. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
6. All 90~degree parking stalls shall be at least 9 feet wide and 19 feet deep per
Ordinance 11-13-4.F. The row of parking adjacent to stormwater swale may be reduced to
17 feet deep. All drive aisles adjacent to parking shall be at least 25 feet wide.
7. A joint use agreement for the stormwater pond shall be recorded and a copy
submitted to the Planning & Zoning Department. The pond shall be landscaped in
accordance the pond be landscaped in compliance with Ordinance 12-13-14-2.
8. The parkway buffer between the curb and sidewalk shall be widened to 10 feet.
9. The 7 trees proposed for removal may be removed without mitigation. However, all
existing mature trees around the adjacent residence on proposed Lot 2 must be retained and
protected.
10. All parking and drive aisles shall be paved for all uses, in compliance with the
submitted plans. Handicap parking spaces shall be signed and striped in compliance with
Federal accessibility guidelines.
11. Sanitary sewer and water service shall be from main lines currently existing adjacent
to the subject property.
12. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 20
13. All signage shall be in accordance with the standards for an L-O zone set forth in this
report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall
require separate sign permit(s).
14. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
15. A drainage plan designed by a State ofIdaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with Department
of Environmental Quality 1 997 publication Catalog 0 f Storm Water Best Management
Practices for Idaho Cities and COilllties and City of Meridian standards and policies. Off-site
disposal into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
The applicants engineer shall work with the Public Works Department on the design and
location of the proposed storm drain facilities. The storm drain facility can not be approved
in the current proposed location due to the existence of a City of Meridian sanitary sewer
mam.
16. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate
of Occupancy may be obtained by providing surety to the City in the form of a letter of credit
or cash in the amount of 110% ofthe cost of the required improvements (including paving,
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
17. Revised Plans: Staff recommends that the plans be modified in compliance with this
report and any additional conditions from the Commission and that the applicant submit 10
copies of all revised plans at least 10 days prior to the next hearing on this application.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct a 5- foot wide detached concrete sidewalk on Meridian Road located 2- feet
within the right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District will require a license agreement for the landscape strip with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGES OF 20
detached sidewalk. An agreement must be approved prior to the issuance of a building
pennit (or any other required pennits). Please contact the Right-of-Way Division at 387-
3271 for guidelines.
2. Replace unused curb cut on Main Street with standard curb, gutter and concrete
sidewalk to match existing improvements.
3. The applicant shall be required to provide access to the two lots internally from the
improved alley.
4. Dedicate additional right-of-way to provide lO-feet from centerline of the alley.
5. Provide additional pavement to the alley with the dedication of right-of-way.
6. Other than the access point( s) specifically approved with this application, direct lot or
parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file nwnber) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-6258
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements. Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required pennits). which incorporates any required design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 20
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of app licable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (l-800-342-1585)at least two
full business days prior to breaking ground within ACE-ID right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. Provide a fire-flow per the h1temational Fire Code Appendix D to service the proj ect.
Fire hydrants shall be placed an average of 400' apart.
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Provide a 20' driving surface in the alley for building
access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 20
D. Adopt the Recommendations of 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-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
13. It is found that the subject property, as depicted, is large enough to accommodate
the required parking, open spaces and landscaping required by the ordinance. The proposed
medical/office building is 3,000 s.f. Ordinance requires 1 off-street parking space per 200 s.f. for
medical uses and 1 per 400 s.f. for professional office. Even as a worst case scenario, at 1 per
200 s.f. for the entire building, 15 spaces would be required. The proposed site plan shows 25
off-street parking stalls.
14. The current Comprehensive Plan Land Use Map designates the property as Old Town.
It is found that if the modifications which are required are done, the application will meet the
requirements of the Planned Development and other Zoning Ordinances. (See staff report under
Standards for Zoning Amendment A and C.)
15. It is found that the design concept is compatible with the intended character of the
area. (See staff report under Standards for Zoning Amendment E)
16. It is not anticipated that the proposed development will have an adverse impact on the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 20
surroWlding property.
17. It is fOWld that the proposed uses can be adequately served by all essential
pubic services and facilities. Drainage will need to be retained on site.
18. It is fOWld that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. Additionally, it is found that the proposed rezone will
not be detrimental to the community's economic welfare.
19. It is fOWld that the proposed Q-T zoning designation of the property does not
inherently allows uses that will generate activities, processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community.
20. It is fOWld that the proposed 0- T zoning will not interfere with general traffic patterns
on any public streets. Review of ACHD's staff report dated December 23,2003 will provide a full
report on traffic issues.
21. It is found that there are several existing mature trees on the site. Some will be
affected by the proposed parking area. It is recommended that the applicant coordinate with the City
Arborist, Elroy Huff, at the Parks Department for a determination on whether the trees must be
mitigated for.
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 COWlcil may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 20
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 xn, 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 pennits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions ofthe ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code S 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character ofthe general
vicinity and that such use will not adversely change the essential character ofthe same area;
d. That the proposed use, ifit 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 20
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 ofmajor importance.
5. Prior to granting a conditional use permit in the O-T zone, 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 ofthe
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 20
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERl\UT 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 multi-
tenant medical/office building in an O-T zone, 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:
CONDITIONS OF APPROV AL
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERl\fiT
PAGE 12 OF 20
1. The building and site improvements shall be constructed per the approved plans with
all modifications required by this report.
2. All conditions ofthe accompanying Preliminary/Final Plat application shall also be
considered conditions of the CUP.
3. One freestanding sign on Meridian Road will be allowed for the project as presented
during the hearing.
4. The existing home on proposed Lot 2 shall remain as residential use only Wltil
approved for non-residential use. Process and conditions to change the use will be subject to
the ordinances in effect at the time of application.
5. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per
Ordinance 11-13-4.F. The row of parking adjacent to stormwater swalemaybe reduced to
17 feet deep. All drive aisles adjacent to parking shall be at least 25 feet wide.
7. A joint use agreement for the stormwater pond shall be recorded and a copy
submitted to the Planning & Zoning Department. The pond shall be landscaped in
accordance the pond be landscaped in compliance with Ordinance 12-13-14-2.
8. The parkway buffer between the curb and sidewalk shall be widened to 10 feet.
9. The 7 trees proposed for removal may be removed without mitigation. However, all
existing mature trees aroWld the adjacent residence on proposed Lot 2 must be retained and
protected.
10. All parking and drive aisles shall be paved for all uses, in compliance with the
submitted plans. Handicap parking spaces shall be signed and striped in compliance with
Federal accessibility guidelines.
II. Sanitary sewer and water service shall be from main lines currently existing adjacent
to the subject property.
12. 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.
13. All signage shall be in accordance with the standards for an L-O zone set forth in this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 20
report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall
require separate sign permit(s).
14. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
15. A drainage plan designed by a State ofIdaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with Department
of Environmental Quality 1997 publication Catalog of Storm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site
disposal into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Inj ection Wells.
The applicants engineer shall work with the Public Works Department on the design and
location of the proposed storm drain facilities. The storm drain facility can not be approved
in the current proposed location due to the existence of a City of Meridian sanitary sewer
mam.
16. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate
of Occupancy maybe obtained by providing surety to the City in the form ofaletter of credit
or cash in the amount of 110% of the cost of the required improvements (including paving)
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
17. Revised Plans: Staff recommends that the plans be modified in compliance with this
report and any additional conditions from the Commission and that the applicant submit 10
copies of all revised plans at least 10 days prior to the next hearing on this application.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet
within the right-of-way. Coordinate the location and elevation of the sidewalk with
District staff. If the sidewalk meanders outside of the right-of-way, provide an
easement for the sidewalk. The District will require a license agreement for the
landscape strip with the detached sidewalk. An agreement must be approved prior to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 20
the issuance of a building permit (or any other required permits). Please contact the
Right-of-Way Division at 387-3271 for guidelines.
2. Replace unused curb cut on Main Street with standard curb, gutter and concrete
sidewalk to match existing improvements.
3. The applicant shall be required to provide access to the two lots internally from the
improved alley.
4. Dedicate additional right-of-way to provide lO-feet from centerline of the alley,
5. Provide additional pavement to the alley with the dedication of right-of-way.
6. Other than the access point( s) specifically approved with this application, direct lot or
parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 20
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also mown as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire- flow per the International Fire Code Appendix D to service the project. Fire hydrants
shall be placed an average of 400' apart.
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimwn width of20'
available at all times. Provide a 20' driving surface in the alley for building access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 20
D. Adopt the Recommendations of 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-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater management
system that prevents groundwater and surface water degradation.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
9 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Pla1ll1ing and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERlVIIT 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 20
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 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 20
Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial ofthe
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
2- f/.;L day of
//L. Uc;/v
fFWt ,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~
COUNCILMAN BILL NARY
VOTED~L-
COUNCILMAN CHARLIE ROUNTREE
VOTED~'-
COUNCILMAN KEITH BIRD
VOTED ~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 3- Z-t9{1--
-
VOTED
MOTION: vi
APPROVED:~
DISAPPROVED:
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 19 OF 20
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By: JI~~~~
City Clerk
Dated: .J - .2-- tJ 4-
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF 20
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERl\1IT FOR A MEDICAL
OFFICE BUILDING IN A
PROPOSED O-T ZONE, LOCATED
AT 1225 MAIN STREET,
MERIDIAN, IDAHO
ROY STRICKLAND,
APPLICANT
CIC 02/17/04
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-03-063
ORDER GRANTING
CONDITIONAL USE PERl\1IT
1. This matter coming before the City Council on February 17, 2004, under the
provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a multi-
tenant medical/office building in an O-T zone, subject to the following conditions of use and
development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
CONDITIONS OF APPROVAL
1. The building and site improvements shall be constructed per the approved plans with
ORDER CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE 1 OF8
all modifications required by this report.
2. All conditions ofthe accompanying PreliminarylFinal Plat application shall also be
considered conditions of the CUP.
3. One freestanding sign on Meridian Road will be allowed for the project as presented
during the hearing.
4. The existing home on proposed Lot 2 shall remain as residential use only until
approved for non-residential use. Process and conditions to change the use will be subject to
the ordinances in effect at the time of application.
5. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per
Ordinance 11-13-4.F. The row of parking adjacent to stormwater swale maybe reduced to
17 feet deep. All drive aisles adjacent to parking shall be at least 25 feet wide.
7. A joint use agreement for the stormwater pond shall be recorded and a copy
submitted to the Planning & Zoning Department. The pond shall be landscaped in
accordance the pond be landscaped in compliance with Ordinance 12-13-14-2.
8. The parkway buffer between the curb and sidewalk shall be widened to 10 feet.
9. The 7 trees proposed for removal may be removed without mitigation. However, all
existing mature trees around the adjacent residence on proposed Lot 2 must be retained and
protected.
10. All parking and drive aisles shall be paved for all uses, in compliance with the
submitted plans. Handicap parking spaces shall be signed and striped in compliance with
Federal accessibility guidelines.
11. Sanitary sewer and water service shall be from main lines currently existing adjacent
to the subject property.
12. 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.
13. All signage shall be in accordance with the standards for an L-O zone set forth in this
ORDER CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE 2 OF 8
report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall
require separate sign permit(s).
14. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
15. A drainage plan designed by a State ofIdaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with Department
of Environmental Quality 1997 publication Catalog of Storm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site
disposal into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approvaL The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
The applicants engineer shall work with the Public Works Department on the design and
location of the proposed storm drain facilities. The storm drain facility can not be approved
in the current proposed location due to the existence of a City of Meridian sanitary sewer
mam.
16. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate
of Occupancy maybe obtained by providing surety to the City in the form ofaletter of credit
or cash in the amount of 110% of the cost of the required improvements (including paving,
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
17. Revised Plans: Staff recommends that the plans be modified in compliance with this
report and any additional conditions from the Commission and that the applicant submit 10
copies of all revised plans at least 10 days prior to the next hearing on this application.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet
within the right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District will require a license agreement for the landscape strip with the
detached sidewalk. An agreement must be approved prior to the issuance of a building
ORDER CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE 3 OF8
permit (or any other required permits). Please contact the Right-of-Way Division at 387-
3271 for guidelines.
2. Replace unused curb cut on Main Street with standard curb, gutter and concrete
sidewalk to match existing improvements.
3. The applicant shall be required to provide access to the two lots internally from the
improved alley.
4. Dedicate additional right-of-way to provide 10-feet from centerline of the alley.
5. Provide additional pavement to the alley with the dedication of right-of-way.
6. Other than the access point(s) specifically approved with this application, direct lot or
parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
7. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-6258
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design changes.
ORDER CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE40F8
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use ofthe property which is the subject of
this application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the International Fire Code Appendix D to service the proj ect.
Fire hydrants shall be placed an average of 400' apart.
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimWll
width of 20' available at all times. Provide a 20' driving surface in the alley for building
access.
ORDER CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE50F8
D. Adopt the Recommendations of 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 Environrnental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design 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.
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
ORDER CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE60F8
commence construction of permanent footings or structures on or in the ground. ill 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 ofthe
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. ill 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. lfthe 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
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 CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE70F8
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 the issuance or denial ofthe
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.
2~
By action ofthe City Council at its regular meeting held on the
day of
/1/ltbVcA'l/
. 2004.
Attest:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
BY:dt~~~ 2: Dated: :J~J.--tJ-I-
City Clerk
Z:\Work\M\Meridian\Meridian 15360M\Strickland Sub RZ-03-Q12 PFP..()3..()06 CUP-03-063\OrderCUP.doc
ORDER CONDITIONAL USE PERMIT
(CUP-03-063)
PAGE80F8
February 26,2004
MERIDIAN CITY COUNCil MEETING
APPLICANT Capital Christian Church
CU P 03-064
March 2, 2004
ITEM NO. 5.. F
REQUEST Findings - Request for a Conditional Use Permit for a Planned Development
for two buildings on one lot in an l-O zone for Capital Christian Center - 2760 East Fairview
Avenue
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
contacted:~A\ } Date: J;;/t!Vt P~one: ~-lDXR
Emailed: Staff Initials: ..xL
Materials presented ct public meetings shall become property of the elf! of Meridlcn.
See attached Findings
vY
wrr
FEB ~ 4 2004
City Of IVleridian
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAw
KEvIN E. DINIUS
JULIE KLEIN FISCHER
CHRI5"f()PHERD. GABBERT
WM. F. GIGRAY, nr
T. GUYHAI.l.AM++
JILLS. HOLINKA
JOHN R. KORMANIK +
WILLlAMA. MORROW
WILI.IAMF. NICHOLS"
WHITE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX(208) 466-4405
CHRl5"f()PHERS. NYE
PHILIP A. PIITERSON
TODDA. ROSSMAN
TERRENCER. WHITE+++
+ Also admitted in CA
n Also admitted in OR
n+ Also admitted in W A
February 24~ 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian~ Idaho 83642
Re:
LIBERTY DEVELOPMENT, INC. / CASTLEBROOK
SUBDIVISION NO.3 / FINAL PLAT - (FP-04-009)
Dear Will:
Regarding t he a bove referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a calL
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian I 5360M\Castlebrook Sub No.3 FP-04-009\ClerkFPltr 0224 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
CIC 02/17/04
IN THE MATTER OF THE )
APPLICATION OF LIBERTY )
DEVELOPMENT, INC. FOR )
APPROVAL OF 85 SINGLE- )
FAMILY RESIDENTIAL BUILDING )
LOTS AND 8 OTHER LOTS ON )
23.15 ACRES IN AN R-8 ZONE FOR )
CASTLEBROOK SUBDIVISION )
NO. 3, LOCATED )
APPROXIMATELY y.. MILE EAST )
OF N. BLACK CAT ROAD ON THE )
NORTH SIDE OF W. PINE )
A VEUNUE IN THE NW y.. OF )
SECTION 10, T.3N., R.IW., )
MERIDIAN, IDAHO )
)
CASE NO. FP-04-009
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code ~ 12-3-7 on February 17, 2004, and the Council finding that the
Administrative Review is complete from Sonya Allen for the Planning and Zoning Department,
and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: February 17, 2004, to the
Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning
Department, commented at the hearing, and the Council having considered the requirements of
the preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 1 of5
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING CASTELBROOK SUBDIVISION NO. 3,
LOCATED IN THE SE 14 OF THE NW1I4 OF SEC. 10, T.3N., R.l W., B.M., MERIDIAN,
ADA COUNTY, IDAHO 2004, SHEET 1 OF 5, HANDWRITTEN DATE: 1-21-04, BAILEY
ENGINEERING, INe. - CNIL ENGINEERINGIPLANNINGH, Liberty Development, Inc.,
Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth
in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering
Technician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date:
February 17, 2004, listing 20 SITE SPECIFIC REQUIREMENTS - (#20 was added as an
additional SITE SPECIFIC REQUIREMENT from the City Council meeting on February 17,
2004) and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto
marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and
the additional requirements from the action of the Council taken at their February 17 2004
meeting as follows, to-wit:
1.1 Per the action of the City Council taken at their February 17,2004
meeting, the following items shall be added or modified from the
original staff report dated: Hearing Date: February 17, 2004, and
date stamped by the City Clerk February 13, 2004, as follows:
1. Add the following text to note #4 on the face of the plat:
Lot 9, Block 2 shall have a blanket easement for the City of
Meridian's sanitary sewer main.
2. Add a condition under Site Specific Requirements as
follows: <<A minimum 14' wide compacted gravel access
road shall be required over the sewer main on Lot 9, Block
2." (See #20 under Site Specific Requirements on the
attached Exhibit "A" 1 of 5.)
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 2 of5
3. Modify Site Specific Requirement #18 as follows: "Submit
a signed License Agreement with Nampa & Meridian
Irrigation District for the pathway and culvert/footbridge
prior to signature on the final plat for the first phase of the
development. The pathway and culvert/footbridge shall be
constructed prior to issuance of the first Certificate of
Occupancy Permit of any lots adjacent to the pathway per
Preliminary Plat Finding No. 2.A.l." (See #18 under Site
Specific Requirements on the attached Exhibit "A" 1 of
5.)
1.2 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groillldwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And COilllties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be
signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 3 of 5
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
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 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
/7-/~
day of
r.e6rUM-d-
,2004.
ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT / (FP-04-009)
Page 4 ofS
Mayor; City of Meridian
Attest:
BY:.dI~&~. 9-
Dated: .2 - 21-tJ 4-
Z:\Work\M\Meridian\Meridian I 53GOM\Castlebrook Sub NO.3 FP-04-Q09\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 5 of5
,
T
MAYOR
Tammy de Weerd
clfe;;di<<Ji
IDAHO
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CITY HALL
(208) 8884433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
i smCI
, 1903
MEMORANDUM:
Hearing Date: February 17,2004
To:
Mayor & City Council
From:
(lJ{
Sonya Allen, Assistant City PlannerO
Bruce Freckleton, Engineering Tech III~
CASTLEBROOK SUBDIVISION NO.3
Re:
Request for Final Plat Approval of Castlebrook Subdivision No.3, Consisting of
Eighty-five (85) Single-family Residential Building Lots and Eight (8) Common
Lots on 23.15 Acres in an R-8 Zone by Liberty Development; Inc.
(File No. FP-04-009).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
This is the third phase of Castlebrook Subdivision and consists of 85 single-family residential
building lots and 8 common (landscaping/open space/drainage) lots on 23.15 acres. The gross
density of Phase No. 3 is approximately 3.8 dwelling units/acre. The net density is
approximately 4.97 dwelling units/acre.
The proposed pathway north of the subdivision connects to Castlebrook Subdivision No.1 and
is owned by Nampa Meridian Irrigation District. This off-site improvement was offered by the
Developer at the time of the Preliminary Plat approval. A license agreement with NMID will
be submitted to allow the construction of the pathway and the culvert/footbridge on NMID's
property. The pathway will be maintained by the Castlebrook Homeowners Association.
The fmal plat for this phase complies with the approved preliminary plat (PP-02-032).
Staff recommends approval for Castlebrook Subdivision No. 3 with the comments and
Exhibit "A" 1 of 5
Mayor & City Council
Hearing Date: February 17, 2004
Page 2 of 5
conditions stated in this report.
LOCATION
This phase of Castlebrook Subdivision is located approximately ;4mile east of N. Black Cat
Road on the north side of W. Pine Ave. in the NW ;4 oSection 10, T.3 N., R. 1 W .
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet all terms of the approved Annexation (AZ-02-031) and Preliminary
Plat (pP-02-032).
2. Underground year-round pressurized irrigation must be provided to all lots within this
development. 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.
3. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed,
off-site pathway constructed, and road base approved by the Ada County Highway
District prior to applying for building permits. All development improvements,
including fencing, micro-paths, off-site pathway, irrigation, and landscaping shall be
installed and approved prior to obtaining certificates of occupancy. A letter of credit or
cash surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
4. 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 stub streets and EI Gato Road.). Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute City
of Meridian standard forms of easements, for any mains that are required to provide
servlce.
Exhibit "A" 2 of 5
Mayor & City Council
Hearing Date: February 17,2004
Page 3 of 5
5. Sanitary sewer service to this site will be via main line extensions to an existing
temporary lift station within the Blackstone Subdivision. This lift station pwnps to an
existing gravity sewer main located in Black Cat Road, that then flows to the Ashford
Greens lift station. The Blackstone lift station shall be upgraded or modified, at this
developers expense, to the City of Meridian's standards and specifications. The applicant
will be responsible to construct lateral sewer mains to and through this proposed
development including and in coordination with the City's Black Cat Trunk Project.
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. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be
assessed against this development. Payment of the trunk development fees and
latecomer fees are required prior to signature on the final plat map by the City Engineer.
Applicant shall execute City of Meridian standard forms of easements, for any mains
that are required to provide service.
6. Fencing is approved as shown on the landscape plan dated 12/12/03 (Sheets L-1.0 & L-
1.1) prepared by South Landscape Architecture.
Temporary construction fencing to contain debris shall be installed along the eastern
boundary of this phase unless fencing already exists at the subdivision boundary.
7. Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height
if sight obscuring material is used or 4-feet in height if non-sight obscuring material is
used. The landscape plan dated 12/12/03 (Sheets L-1.0 & L-1.1) prepared by South
Landscape Architecture needs to be revised as follows:
a. Include landscaping for Lot 9, Block 2. No trees are allowed within the sanitary
sewer easement on this lot.
b. Include a 5-foot wide micropath on Lot 24, Block 2 that runs between Lots 17 &
18, along the drainage pond and connects to the pathway/footbridge north of the
subdivision.
8. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
9. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all storms
up to and including a IOO-year storm event. (All areas being counted toward the 10%
open space amenity shall be free of "wet ponds" or other such nuisances.)
10. Add lot line and centerline line types to the plat legend.
11. Revise note #10 to remove the reference to ownership since the HOA's responsibility
will only be for maintenance. The underlying land is owned by NMID.
Exhibit "A" 3 of 5
Mayor & City Council
Hearing Date: February 17,2004
Page 4of5
12. Complete the instrwnent number in note #2.
13. Add plat note #11: The bottom elevation of all structural footing shall be set a minimum
of l2-inches above the highest established normal ground water elevation.
14. Add CP&F Numbers to the Center 'l4 Corner if applicable.
15. Please revise the Public Utilities, Drainage and Irrigation Easement width to 8-feet along
the east side of Lot 17, Block 3, Lot 11 & 14, Block 2. The extra width is necessary for
pressurized irrigation main lines.
16. Add right-of-way width dimensions across W. Gillete Drive.
17. Place a note on the plat that references the FEMA flood plain boundary adjacent to the
Ten Mile Creek. Note restrictions associated with the flood zone on the face of the
preliminary plat.
18. Submit a signed License Agreement with Nampa & Meridian Irrigation District for the
pathway and culvert/footbrid2e prior to signature on the final plat far the first phase af
the development. The pathway and culvertlfootbrid2e shall be constructed prior to the
issuance of the first Certificate of Occupancy Permit of any lots adjacent to the pathway
per Preliminary Plat Finding No. 2.A.l. (Revised as above per action of the Council
taken at their February 17, 2004 meeting - see Final Plat Order.)
19. Staffs failure to cite specific ordinance provisions or terms of the approved annexation
or preliminary plat does not relieve Applicant of responsibility for compliance.
20. A minimum 14' wide compacted gravel access road shall be required over the
sewer main on Lot 9, Block 2. (Added per action of the Council taken at their
February 17,2004 meeting - see Final Plat Order.)
GENERAL REQUIREMENTS
1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. Two-Hundred-Fifty (25 Ow) and One-Hundred watt (lOOw), high-pressure sodium
streetlights will be required at locations designated by the Public Works Department. All
Exhibit "A" 4 of 5
Mayor & City Council
Hearing Date: February 17, 2004
Page 5 of5
streetlights shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants. Final design locations and quantity are determined
after power designs are completed by Idaho Power Company. Street light contractor to
obtain design and permit from the Public Works Department prior commencing
installations.
4. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
6. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
7. Coordinate fire hydrant placement with the City of Meridian1s Water Deputy Fire Chief
and the Public Works Department.
8. Provide sidewalks in accordance with the MCC.
STAFF RECOMMENDATION
Staff recommends approval of the fmal plat for Castlebrook Subdivision No.3 with the above
stated comments & conditions.
Exhibit "A" 5 of 5
February 26,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor's Office
Department Reports
March 2, 2004
ITEM NO. iD. A fa 2
REQUEST Parks and Recreation Commission Appointment
AGENCY COMMENTS
CITY CLERK: See attached
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:
~
~,~~~
y
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
JAMES E. DE BOER
2499 North Lark Ave, Meridian, ID 83642
(208) 855-0951
EXPERIENCE
SPECIAL
KNOWLEDGE
VOLUNTEER
CLEARANCE
EDUCATION
PERSONAL
Promoted ahead of my peers to positions usually reserveil for more e:,perienced personne~ have consistently been cited for my
motivational and leadership skills and excellent technical knowledge:
FIELD SERVICE ENGINEER. Photolithography and Wet Etch. Boise, ID (2000 to present).
.. Responsible for installing, maintaining and repairing multi-million dollar machines used in the manufacturing process of
semi-conductor industry materials.
.. Selected for my quick leaming ability and can do attitude to head up a new Wet Etch insta1lauon and experimen~ which
has resulted in the gain of new customers and a large increase in revenue to the company. Performance bas led to 11
promotion as Site Lead Wet Etch Engineer and increase in pay grade.
.. Repeatedly sited as" an outstanding performer and leader with excellent technical and customer relation skills in
performance evaluations. Consistently sought after for advice and help.
. Assigned and completed II project to accurately track local replacement parts and returns, accurately tracking over a million
dollars worth of parts which resulted in saving thousands of dollars a year in shipping costs.
SUPERVISORY MACHINEST MATE and ADMINISTRATIVE SPECIALIST. San Diego, CA (1997-2000). Singled
out to supervise nine machinist mates operating and maintaining equipment related to a nudear power plant sucb as turbine
generators, propulsion turbines, steam plant systems, transformers, and auxiliary systems.
.. Selected for the important position of Log Room Yeoman, responsible for all of the duties related to training and
administration of a Naval Nuclear Power Plant. Have been awarded U.S. Navy Achievement Medal for flawless record
kellping whicb allowed the ship to earn excellellt ratings ill examinations of operation reactor safeguards.
.. Earned qualification as the Engineering Watch Supervisor and Engineering Duty Petty Officer, the highest level available
to 11 person in my career track.
" Sustained Superior Performance leading to selection as USS BREMERTON (SSN.698) Sailor of the Quarter for the first
and fourth quarters 1999.
NUCLEAR POWER TRAINING UNIT INSTRUCTOR,. Ballston Spa, NY (1994-97). Hand picked to supervise three
junior instructors and over 30 students per class, seven classes per year, for instruction relating to operatioll ofa Naval Nuclear
Power Plant.
" Selected to receive specialized training, used my exceUent communication skills to instruct other personnel in the operation
of a prototype nuclear plant
. Earned a Navy Achievement Medal and selected as Plant Instructor of the Year for expertise demonstrated while npgrading
training procedures and providing instruction for students, staff in training, and prospllCtive Commanding Officers, th=by
allowing them to increase their job knowledge while reducing the time it took to qualify as operators.
. One oftwo middle management enlisted instructors chosen to teach Basic Instructor Training School. a position normally
taught by officers and very senior enlisted personneL
.. Consistently cited in class critiques as the number one instructor, with /I. gift for easily relating very difficult subjects to
new persollll.el. Awarded Master Training Specialis~ an honor only earned by the top five percent ofNaV)' instructors.
Offer training and experienoe in procedures and activities suob as;
Maintaining proper power plant and 5\lCOndllry plant machinery including preventive and corrective maintenance
Completing quality assurance inspections including procurement of new materials
Procedure generation, for a wide array of activities, whicb are easy to follow and very thorough
Perfonning maintenance {lJ1 HV AC equipment as certified by the Environmental Protection Agenoy
Have spent the past two years volunteering with a 10CllI children's soccer league known as Meridian Police Activities League.
During this tenure, I devoted hundreds of hours in several positions including Equipment Director, Information Systems
Manager, and Vice President. r was recognized and respected by many other volunteers as a leader, quickly being voted as the
President of the 2300+ strong Recreational Soccer program. I currently continue to devote most of my free time to this
worthy organization.
Have been entrusted with a Secret security clearance.
Am pursuing a degree in Nuclear Technology
Am It fast learner with an aptitude for easily learning new technical advances. Consistently earned the respect and trust of
superiors, peers, and subordinates for my high standards lInd dedication to my work. Displays II high energy attitude and
effortlessly engages others to work together for the good of the group. References upon request
rugt; ! VI !
Tammy de Weerd
From: Jim and Judy De Boer Wmandjudydeboer@vcmails.com]
Sent: Wednesday, February 11, 2004 11:44 PM
To: Tammy de Weerd
Subject: Requested resume
Madam Mayor,
As per Cheryl's request, here is a copy of my resume, as of today. I was not sure how to gear it for your needs,
but decided that you could inform me of any outstanding issues you would like me to address. I will gladly
change the content if you felt it was beneficial.
Thank you for your hard work and dedication to our fine community. I hope to be able to help you as much as
possible for whatever needs you may have. I apologize for not being around more, but unfortunately the item that
puts the food on the table demands more attention at this time.
:Jim and J.udtJ !lJe 9JlleJt,
2/16/2004
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 01/20/04
Revised 02/09/04
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR TROUTNER BUSINESS )
PARK SUBDIVISION NO.2 FOR 6 )
BUILDING LOTS AND 1 COMMON )
LOT ON 17.26 ACRES IN A C-G )
ZONE, MERIDIAN, IDAHO )
)
BY: TROUTNER BUSINESS PARK )
DEVELOPMENT )
CORPORATION, )
APPLICANT )
)
Case No. PP-03-034
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 January 20,2004, and Brad Hawkins-Clark Planner III for the Planning and Zoning
Department, and Ryan Adelman, appeared and testified, and the City Council having received a
report from Craig Hood Planner II for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, and the City Council having received as part ofthe
record of this matter the recommendation to City Council of the Planning and Zoning
Commission and the applicant having submitted the "PRELIMINARY PLAT OF TROUTNER
PARK BUSINESS SUBDIVISION NO.2, A REPLATTING OF TROUTNER PARK
SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4;
AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST ];4 OF SECTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDMSION NO.2! (pP-03-034)
PAGE 1 OF 13
13, T.3N., R.1W., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO OCTOBER, 2003,W:
\work\102015\Design\Preliminary Plat - Phase II\102015sv01.dwg 10/13/03, TROUTNER
BUSINESS PARK DEVELOPMENT CORPORATION - DEVELOPER, TROUTNER
BUSINESS PARK DEVELOPMENT CORPORATION - PRESIDENT MARY
BALLANTYNE - OWNERS OF RECORD, KELLER ASSOCIATES, INC. -
ENGINEERING/SURVEYING FIRM", Troutner Business Park Corporation - 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 ~ 12-3-3.
Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as
defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure
Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002,
Resolution No. 02-382, and the property is presently zoned C-G, and requires
connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 K]
2. The preliminary plat is in conformance with the Amended
Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382.
The proposed office lots are in compliance with the future land use classification, Office,
as noted on the Future Land Use Map.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROU1NER BUSINESS PARK SUBDNISON NO.2 / (pP-03-034)
PAGE 2 OF 13
3. The applicant has requested Preliminary Plat approval to subdivide 17.26
acres of C-G zoned property into 6 buildable lots and 1 common lot. The site is located
approximately 200 feet south of Franklin Road and approximately 500 feet west of
Meridian Road within Township 3 North, Range 1 West, Section 13. The site lies
within a Commercial area of the 2002 Comprehensive Plan Future Land Use Map and is
currently vacant.
4. The submitted preliminary plat application proposes to re-subdivide Lots
4, 5, 10-15, Block 2, Lot 4, Block 3, and Lot 3, Block 5, Troutner Park Subdivision No.
1, which was recorded in 1997. With the plat of Troutner Park Subdivision No.1, the
applicant dedicated 60 feet of right-of-way for Pennwood Street and 3rd Avenue. The
applicant is concurrently proposing to vacate a portion ofthe platted right-of-way for
Pennwood Street and all of3rd Avenue (V AC-03-007). The area proposed for vacation
is included within the proposed lots of the subject plat, with the exception of the 3rd
Avenue right-of-way stub to the south.
5. It is found that the lot configuration and overall design of the proposed
subdivision are in general conformance with the City of Meridian Comprehensive Plan.
6. The developer will be responsible for financing the extension of sewer,
water, utilities and irrigation services needed to serve the project. The primary public
costs to serve the future tenants will be fire and police services. It is found that public
services can be made available to accommodate the proposed development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDNISON NO.2 / (pP-03-034)
PAGE 3 OF 13
7. Because the developer is responsible for installing sewer, water, utilities
and irrigation, for the development at their cost, it is found that the subdivision will not
conflict with the capital improvement program.
8. It is found that the City and its related services are capable of servicing
the proposed development. The development will not require major expenditures for
providing supporting services.
9. It is found that there are not any health, safety or environmental problems
associated with this subdivision. There have been no environmental problems identified
that may be associated with the development of the site. ACHD considers road safety
issues in their analysis, and ACHD recommended, with conditions, approval ofthe
subject subdivision.
10. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT OF TROUTNER
P ARK BUSINESS SUBDIVISION NO.2, A REPLA TTING OF TROUTNER PARK
SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5~8, BLOCK 3;
BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE
NORTHEAST y.; OF SECTION 13, T.3N., R.1 W., B.M., MERIDIAN CITY, ADA
COUNTY, IDAHO OCTOBER, 2003,W: \work\102015\Design\Preliminary Plat-
Phase II\102015sv01.dwg 10/13/03, TROUTNER BUSINESS PARK
DEVELOPMENT CORPORATION - DEVELOPER, TROUTNER BUSINESS PARK
DEVELOPMENT CORPORATION - PRESIDENT MARY BALLANTYNE -
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2 I (PP-03-034)
PAGE 4 OF 13
OWNERS OF RECORD, KELLER ASSOCIATES, INC. -
ENGINEERING/SURVEYING FIRM."
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
OF TROUTNER PARK BUSINESS SUBDMSION NO.2, A REPLA TTING OF
TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8,
BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE
NORTHEAST y,j OF SECTION 13, T.3N., R.IW., B.M., MERIDIAN CITY, ADA COUNTY,
IDAHO OCTOBER, 2003,W: \work\102015\Design\Preliminary Plat - Phase
II\102015sv01.dwg 10/13/03, TROUTNER BUSINESS PARK DEVELOPMENT
CORPORA nON - DEVELOPER, TROUTNER BUSINESS PARK DEVELOPMENT
CORPORATION - PRESIDENT MARY BALLANTYNE - OWNERS OF RECORD,
KELLER ASSOCIATES, INC. - ENGINEERING/SURVEYING FIRM", Troutner Business
Park Corporation, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations ofthe Planning and Zoning Commission as
follows:
1. Delete Site Specific condition #1 on page 4 of the submitted staff report .
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDMSON NO.2 / (pP-03-034)
PAGE 5 OF 13
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC CONDITIONS
1. Provide a stub strcet from Pcnmvood Street to the south property line.
2. Sanitary sewer and water service to this site will be from main line extensions from
the phase one and from the future connection of Penn wood Street to the east. The
Applicant will be responsible to construct lateral sewer and water mains to and
through this proposed development, thereby making them available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the
Public Works Department.
3. Provide landscaping along P ennwood Street (and any otherlocal! commercial street)
in accordance with MCC 12-13-10. Obtain a license agreement from ACHD for any
landscaping proposed in the right-of-way.
4. Where driveways intersect Pennwood Street, provide a clear-vision sight triangle in
accordance with MCC 12-13-9-5.
5. IfPennwood Street is not constructed from Meridian Road to the eastern boundary
of the plat, construct a temporary, Meridian Fire Department approved, vehicular
turnaround for Pennwood Street.
6. Building setbacks for structures and dimensional standards for the proposed lots
shall be in accordance with the applicable zoning regulations of the City of
Meridian.
7. Underground year-round pressurized irrigation must be provided to all lots within
this development. The City of Meridi an 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.
8. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent nwnber of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (pP-03-034)
PAGE 6 OF 13
trees for those trees that have to be removed. Coordinate the, proposed tree
mitigation plan with Elroy Huff in the Meridian Parks Department (888-3579).
9. Submit any updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water will percolate or discharge within a period of time not
to exceed 24 hours for all storms up to and including a lOO-year storm event. Side
slopes within drainage areas shall not exceed 3: 1. The project engineer should pay
close attention to the results of field studies determining tbe groundwater, soil type
& and characteristics during the design and construction phases.
STANDARD CONDITIONS
1. Submit a copy of the Ada County Street Name Committee's final approval letter for
the subdivision name, including lot and block numbering. Make any corrections
necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of
the final plat.
4. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
5. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal of the
final plat applications. The plan must include sizes and species of trees, shrubs,
berminglswale details, and all proposed ground cover/treatment. A letter of credit or
cash surety in the amount of 11 p% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per MCC 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
FINDIN"GS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (pP-03-034)
PAGE 7 OF 13
users association, with written confirmation of said approval submitted to the Public
Works Department.
7. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
8. Developer shall coordinate mailbox locations with the Meridian Post Office.
9. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct a 5-foot wide concrete sidewalk on each side of Penn wood Street
located 2-feet within the right-of-way.
2. Provide an easement to the District for any portion of the constructed sidewalks
that extend outside of the right-of-way.
3. Construct Pennwood Street as a 40-foot street section with concrete curb and
gutter.
4. Either vacate 3rd Avenue or construct it as a 40-foot street section with concrete
curb, gutter, and a 5-foot wide (minimum) sidewalk.
5. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2! (pP-03-034)
PAGE 8 OF 13
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction. -
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative ofthe Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2! (PP-03-034)
PAGE 9 OF 13
of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department thm the Public Works Department.
4. All roads shall have a minimum turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around. Provide an
approved turn-around on the East end of Penn wood.
7. The fire department request that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer.
8. All aCCeSS roads leading into and within the project shall have a clear driving
surface with a minimum width of20' available at all times.
E. 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.
FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (PP-03-034)
PAGE 10 OF 13
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal.
F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1. The Applicant shall file a Land Use Application prior to final platting.
2. All laterals and waste ways must be protected. The District's Eight-Mile Lateral
courses through this proposed project. This easement must be protected and any
encroachment without a signed License Agreement and approved plan, before
any construction is started, is unacceptable.
3. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
4. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
G. Adopt the action of the City COWlcil taken at their January 20,2004 meeting as
follows:
For clarification:
1. The applicant shall provide a stub street from Pennwood Street to the
south boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (pP-03-034)
PAGE 11 OF 13
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 ofthe City of
Meridian, pursuant to Idaho Code 967-6521. An affected person being a person who has
an interest in real property which may be adversely affected by 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.
/) j<-d.
By action of the City Council at its regular meeting held on the v - day of
fht';Vlclv ,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED ~
COUNCILMAN BILL NARY
VOTED 1jeA--
COUNCILMAN CHARLIE ROUNTREE
VOTED ~
COUNCILMAN KETIH BIRD
VOTED~-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2 I (pP-03-034)
PAGE 12 OF 13
SEAL
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MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED
Attest:
By:d~~~9
City Clerk
Z:\ Work\M\Meridian\Meridian ] 5360M\Troutncr Business Park No.2 PP -03-034\FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT
TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (pP-03-034)
PAGE 13 OF 13
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interoffice
MEMORANDUM
l~
City Of Meridian
City Clerk Office
To;
William G. Berg, .Ir.
From:
William F. Nichols
Su bject:
B'y': CAPITAL CHRISTIAN CHURCH FOR CONDITIONAL USE PER,\IIT
FOR CAPITAL CHRISTIAN CENTER IN AN L-O ZONE
File No.:
CUP-03-064
Date:
February 23, 2004
WiJl:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LA W AND DECISION AND ORDER GRANTiNG CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please gi ve me a ca] I.
L'\\\lrk,,\],Mcndl:!n,j\ kmllan I 5.1 (,(Jj\.f,( ':!pital Cl1ri,Llan ('cl1lcr ('I !I'-0.1-IJ(,4.cJkLtICI i1'lkl,&Onkr 022.< 04dCl'
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT IN AN L-O ZONE,
LOCATED AT 2760 E. FAIRVIEW
ROAD, MERIDIAN, IDAHO
CAPITAL CHRISTIAN CHURCH,
APPLICANT
C/C 02/17/04
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Case No. CUP-03-064
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERIVIIT
The above entitled conditional use permit application having come before the City
Council on February 17,2004 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna PoweJJ Planning Director for the Planning and Zoning
Department, Al Marsden, Jeff Wolfe, and Bruce Mills, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter and the
Recommendations to City Counci I issued by the Pl8nning 811d Zoni ng C0111111 ission who
conducted <I public hearing and the Council having heard and taken ora] ami written testimony,
and having duly considered the matter, the City Council hereby makes the following Findings or
Fact, Conclusions of Law and Decision and Order to-wit;
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published for (\1/0
(2) consecutive weeks prior to the said public hearing scheduled for February 172004, before the
City Council, the first publication appearing and written notice having been mailed to property
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 1 OF 19
owners or purchasers of record within three hundred feet (300 ') of the external boundaries 0 f the
property under consideration more than fi [teen ( 15) days prior to sai d heari ng and wi th the not ice
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 newsp8per, radio and
television st8tions 8S public service announcements; and the J118tter having been duly considered
by the City Council at the February 17,2004, public hearings; and the applicant, affected
property o\vners, 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 fol'lh in
Idaho Code ~67-()509, 6512, and Meridian City Code ~~ 11-15-5 ami 11-17-5 ,IS evidenced by
the Affidavit of M8i ling, and the Affidavit 0 [Publ ication and Proo for Post ing Ii led wi th the sla IT
report.
3. This proposed development request is in an L-O zone and by reason of the
provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City
Coullcil on this application.
4. The property is located on the north side ofFairview Avenue, approximately Y4
mile west of the northwest intersection of Eagle Road 8ne! Fairview Avenue. The site 8ddress is
2760 E. Fairvie\v Road, Meridian, Idaho.
5. The owner of record of the subject property is Capital Christian Center, Inc.
6. Applicant is Capital Christian Church.
7. The subject property is currently zoned L-O. The zoning district ofL-O is defined
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PER.MIT
PAGE 2 OF 19
\vithin the City of Meridian Zoning and Development Ordinance, Section L 1-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development in an L-O zone. The L-O zoning designation within the City of Meridian Zoning
and Development arc! i nance requ ires that a Condi ti onal Use Perm it be obtai ned for most uses
i nc Iud i ng those req uested by the App I icant. (Merid i an Ci ty Zoni ng and Development Ord ill ance.
Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Public/Quasi Public.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
II. The Meridian City Council takes judicial notice of its Zoning, Subdivision anc!
Development Ordinances codified at Titles 11 and 12, Meridian City Coele anel all current loning
maps thcreo r and the Comprehensive Plan 0 I' the City of Meridian, and Maps and the Orel inance
estab I ish i ng the 1m pact Area Boundary.
12. G i v i ng clue considerati on to the comment received from the govcrtlmenta 1
subdivisions providing services in the City of Meridian planning jurisdiction public racilitit::s and
services required by the proposed development will not impose expense upon the pubric irthe
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
subdi vi si ons prov i eli ng services to the subj ect rea I property wi thin the p [ann i ng juriscl ictioll 0 I' the
City of Meridian, subject to the following:
FINDINCS OF FACT AND CONCLUSIONS OF LA VV AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERi\IIT
PAGE 3 OF 19
A. Adopt the Special Recommendations of the Planning and Zoning Commission as lallo\\'s:
1. Add a paragraph] 6 on page 7 which states that the Planning and Zoning Commission
recommends that the buildi ng hei ghts be approved as subm i tted.
2. Add a paragraph] 7 on page 7 which states that an engineer's study of ground water
elevations shall be submitted with the building permit to consider the sanctuary occupied
space at 15 '6" below ground level and the lower level of the pyramid entry.
B. Adopt the Recommendations of the Planning and Zoning and Engineering st8fr as
follows:
I. A drainage plan designed by 8 State of Idaho licensed architect or engineer is required and
sha II be su bmi tted to the Ci ty Engi neer (Ord. 557, ] 0- 1-91) for a II new off-street parki ng
areas. A II d rai n age water is to be mai ntained on-si te. Storm water treatment and d isposa I
must bc designed in accordance with Departmcnt orEnvironmental Quality] 997 publication
Catalog of Storm Water Best Management Practices 1'01' Idaho Cities and Counties and City
ofMet-idian standards and policies. Off-site disposal into surface water is prohibited unless
the jurisd iction which has 8uthori ty over the receivi ng stream provides wri tten authorizati on
prior to development plan approval. The applicant is responsible for filing allncccssary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
Any drainage areas (detention/retention basins) must be designed to ensure that \vater \.vill
pereol8te or discharge within a period of time not to exceed 24 hours for all storms up to
and including a lOa-year storm event.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance or as specifically approved. All 5ignage is subject to
design review and shall require separate permits.
3. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
4. Parking: All parking and areas of circulation shall be improved with a hard surface in
accordance with MCC I 1-] 3-4.0, and shall be installed and striped in accordance with the
submitted site plan, ADA and MCC 11-13-4.F. The applicant is granted their proposed
modification of parking standards.
5. Landscaping: Applicant must submit a revised landscaping plan 10 days prior to City
Counci I hearing.
6. Lighting: 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 spi II over onto
adjacent propeliies or right-of-way. All parking lot lighting shall be in accordance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 19
Ordinance 11-] 3-4C.
7. Accessibi Ii ty: A II constructi on and si te improvements shall con form to the requi rell1ents 0 f
the A l1lericans wi th Di sab i I ities Act.
8. Trash: The trash enclosure shall be enclosed on at least:) sides by :1 solid wall or sight
obscuring fence at least four feet in height in accordance with Ordinance I] -12-1 C.
Coordinate location and construction requirements with Sanitary Services. Inc.
9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a
Certificate of Occupancy for the proposed development. A tempor-ary Certi ficate 0 C
Occupancy may be obtained by providing surety to the Ci ty in the form 0 l' a letter of credi t or
cash in the amount of 110% of the cost of the required improvements (including paving,
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy. Any temporary occupancy will not exceed 60 days to complete the rcquired
improvements.
10. Water and sanitary sewer service to this proposed project were not shown on the submitted
site plan. The designer shall furnish the Public Works Department a new site plan showing
existing and proposed utility mains and service connection. Project designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute City of
Meridian standard forms of easements, for any mains that are required to provide service.
A historical analysis or"the sal11tary sewer & water assessment fces, and latecomers fCes
will be performed during the building permit process. Fecs for the new proposal, as well
as any add itional assessment and latecomcrs fees that are determ i nee! as a result 0 f" t 11 e
historical analysis will be charged with the issuance of a building permit for the CUITenl
proposal. Latecomers fees are fees that are charged against parcels that benefit rrom
mainline extensions that are funded by another party. The fees are a proportional
reimbursement of the costs.
11. Coordin8te fire hydrant placement with the City of Meridian's Water Works Superintendent.
12. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossi ng
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 lIsers
association, with written confirmation 0 f s aid approval submitted tot he Public Works
Departm ent.
13. Appl i can t 11111 st subm ita phasi ng plan for developmen t of the su bject property.
14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start
of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND GRDEH.
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 19
15. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City CounciL
During this time, the permit holder must acquire building peI1l1its and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ordinance.
16. The Planning and Zoning Commission recommends that the building heights be approved as
submitted.
I 7. An engi neer' s study 0 f ground water elevations shall be subm i tted wi th the bu i Iding perm i t
to consider the sanctuary occupi ed space at 1 5' 6" bclow gro unci I evel and the lower leve lor
the pyramid entry.
C. Adopt the Recommendations 0 f the tv1 eridian Fi rc Department as fa llows:
I. That a fi.re-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of350'.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department. Additionally, internal fire hydrants will be required for the project.
4. All entrances and internal roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and access roads are required before combustible construction begins.
6. No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
7. V crtica I clearance for clrivc\VJ ys sha I I be I 3 '6", th is may a ffect tree placemcnt in landscapi ng
areas.
8. All fire lanes shall have a clear driving surface which is20' wide available at all times.
9. All points of the New Sanctuary shall be within 200' from all a weather surrace capable of
supporting a 70,000 load.
D. Adopt the Recommendations of Central District Health Department as follows:
1. No objection provided structure is connected to city services.
FINDINGS OF FACT AND CONCLUSIONS OF LA \\1 AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 19
E. Acloptthe Recommendations of the Nalllpa & Meridian Irrigation District as follows:
1. If all storm drainage is retained on-site there \vill be no impact on Nampa & JVIericlian
Irrigation District & no further revievv will be required.
2. rfany surface drainage leaves the site, the Nalllpa & Meridian Irrigation District requires a
Land Use Change Application be filed for review prior to final platting.
3. All laterals and waste ways must be protected. The developer must comply with Idaho
Code 31-3805.
F. Adopt the Recommendations of the Ada County Highway District as follows:
]. ACHD submitted a letter stating that ACHD does not have any site-speci fie requirements at
this time.
2. [I' the site plan or use should change in the future, ACED will review the site plan and may
req ui re improvements to the transportation system at that ti me.
G. Adopt the action of the City Council taken at their February 17,2004 meeting as follows:
For clarification:
1. Since traffic is the biggest concern at the intersection of Hickory and Fairvicw, staff' shall
work with ACED to see what can be done to get the signalization placed sooner at this
intersection. Additionally, upon approval of this application, it is understood that belore
any signal can be placed at this intersection the process of design and the purchasing of
right-of-way would need to be in place.
2. Staff shall work with the church, Chief of Police, and surrounding property owners to
educate them of the correct way to exit from Hickory heading east onto Fairview, and that
citations may be issued for illegal vehicular cross-traffic moves that cross over south on
Fairview.
] 3. It is found that the subject property is large enough to accommodate the proposed
addition of the sanctuary and prayer center, and the enclosed plaza. The applicant is proposing to
construct additional parking ancl the total of existing and proposed parking will be 550 spaces.
14. The current Comprehensive Plan Land Use Map designates the property as
"Public/Quasi Public". The proposed church is pem1itted outright in the L-Q district; the applicant
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERiVlIT
PAGE 7 OF 19
is required to apply for a CUP because they are proposing to construct more than one building on a
single lot. It is found that the proposed use and plan to be in compliance with the Meridian Zoning
Ordinance and the Comprehensive Plan, as long as the conditions within the staff report are met.
The number of parking spaces that will be provided for the new additions shall also provide enough
parking for the Prayer Center.
15. It is found that the proposed development will not adversely change the essential
character of the general vicinity and will be harmonious with the intended character of the same
area. The church is pre-existing and the addition of the new buildings \ViII not substantially
change the subject property or the intended character 0 f the neighborhood. The proposed 75'
dome-shaped Sanctuary, and the 45' pyramid-shaped Prayer Center, will not be immediately
adjacent to residential neighborhoods.
16. [t is not believed that the proposed use will adversely affect other property in the
vicinity. The church will have different operating hours than adjoining commercial properties
and the proposed over-height buildings wil! not be immediately adjacent to any residential
neigh bors.
17. 1t is found that the proposed development will be adequately served by the
essential public facilities and services. The church is pre-existing and is currently served by all
essential public facilities and services. Additional sanitary sewer and water service lines and/or
mains may need to be extended by the applicant into the project site to accommodate the
proposed lIses.
18. It is found that the proposed LIse would not create a need for any new facilities or
services to be paid for by the public; the church is pre-existing and is currently served by urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL lJSE PERNIIT
PAGE 8 OF 19
services.
19. It is not anticipated that the proposed use will be detrimental to the general
welfare of the co 111 111 unity by means of increased traffic, noise, smoke fu mes, glare or odors
generated by the use. The church has different peak hours of operation than surrounding
commercial uses. The Prayer Center will be in operation 24 hours a day, and staff will need
clarification from the 8pplicant on the exact usage of the Prayer Center. The church is pre-
existing and the proposed changes will not substantially change the nature of the site.
20. It is found that the proposecluse will not create significant interference with traffic
011 the slllTounding public streets. The church takes access of'fofHickory Street, \vhich connects
to Fairview Avenue. Cars do not take direct access offofFairview. The applicant has nOl
proposed any new curb cuts onto existing streets.
21. It is not found that any natural or scenic feature will be lost, damaged or destroyed
by issuance of this conditional use. Capital Christian Center was originally approved for a PUD
in ] 992; there are no mature or significant scenic features on this recently developed site.
CONCLUSIONS OF LAW
I. 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
Chapler 65. Title 67, Idaho Code (1.c. S67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishmenl of a Planning aile!
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Counci I of the City of Meridian has established by the passage 0 f the "City 0 f JVleridian Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 19
and Development Ordinance" at Titles Xl and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision requ ired, provide for the process of special and/or conditional use permits which a
proposed usc is othenvise prohibited by the terms of the ordinancc but allo\vcd with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed d evclopment: (Meridi an 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 lllay be required by this Ordinance;
b. That the proposed LIse and development plan wi II be harmonious with the
Meridian Comprehcnsive 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 ol-the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, ifit complies with all conditions of the approval imposed,
\villnot adversely affect other property in the vicinity;
e. That the proposed use \viJl be served adequately by essential public facilities and
services sllch as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare ofthe community;
g. That the proposecluse will not involve activities or processes, materials,
equipment and conditions ot' operation that will be detrimental to any persons, properly or the
general we I fare by reason 0 f excessi ve production of traffic, noise, smoke, fumes, gl arc or odors;
h. That the proposed use will have vehicular approaches to the property which shall
FINDINGS OF FACT AND CONCLUSIONS OF LA WAND DEClSION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 19
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use wi 11 not result in the destruction, loss or damage 0 fa
natural, scenic or hi storic feature considered to be of maj or importance.
5. Prior to granting a conditional use permit in the L-O zone 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 thelancl under consideration
for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-
17-5 Ci ty of Merid ian Zoni ng and Development Ordinance, which provides as [oIIO\\ls:
"Pri or to approvi ng a Condi ti onal Use Perm it, the app I icant and the Comm issi on and
COLlncil shall follow notice and hearing procedures provided in Chaptcr 15 orthi5 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 appl ication shall go before the Ci ty
Council without a public hearing and the Council may approve, deny, or modify the
recoml11cndati on of the Comm ission."
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 \vith conditions or denied. The Commission shall ensure that any approval or approval
\vith conditions or an application shall be in accordance with rVleridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and lclaho State law. (Meridian City Code ~
11-1 7-6)
7. When the City Counci] approves a conclitionaluse permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence ancl timing of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 19
C. Control the duraLion of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordi nance.
8. The City of Meridian has, by ordinance, established the Inlpact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER anclthis does
Order that:
l. That the above named applicant is granted a conditional use permit for a Planned
Development in an L-O zone located at 2760 E. Fairview Road, Meridian, Idaho, subject to the
following conditions of use and development, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
l. Add a paragraph 16 on page 7 which states that the Planning and Zoning Commission
recommends that the building heights be approved as submitted.
2. Add a paragraph 17 on page 7 which states that an engineer's study of ground watcr
elevations shall be submitted with the building permit to consider thc sanctuary occupied
space at 15 '6" below grouncllevel and Lhe lower level oC the pyramid enLry.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
l)AGE 12 OF 19
B. Adopt the Recommendations of the Planning and Zoning and Engineering staffas
follows:
1. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557,10-1-91) for all new off-street parking
areas. All drainage water is to be maintained on-site. Storm water treatment and disposal
must be designed in accordance with Department of Environmental Quality 1997 publication
Catalog of Storm Water Best Management Practices fOl- Idaho Cities and Counties and City
of Meridian standards and policies. OrC-site disposal into surl~lCC water is prohibited unless
the j urisd icti on wh i c h has authori ty over the recei ving strea m provides wri tten authori zation
prior to development plan approval. The applicant is responsible for filing 811 neccssnry
8pplications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
Any drainage areas (detention/retentioll basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms Lip (0
and including a lOa-year storm event.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance or as specifically approved. All signage is subject to
design review and shall require separate permits.
3. Provide five-foot-vvide pedestrian walkways in accordance with City Ordinance.
4. Parking: All parking ancl areas of circulation shall be improved with a hard surface in
accordance with MCC 11-13-4.0, and shall be installed and striped in accordance with the
submitted site plan, ADA and MCC 11-l3-4.F. The applicant is granted their proposed
Illod i fi c8tion 0 f parking standards.
S. Landscaping: Applicant must submit <1 revised landscaping plan 10 days prior to City
Council hearing.
G. Lighting: All exterior lighting, whether <1ttached to the building or located within the parking
lot, shall be down-shielded or otherwise altered so that the light does not spillover onto
adjacent properties or right-of-way. All parking lot lighting shall be in <lccordancc with
Ordinance 11-13-4C.
7. Accessibility: All construction and site improvements shall conform to the requirements of
the Americans with Disabilities Act.
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight
obscuring fence at least fOllr feet in height in accordance with Ordinance 11-12-1C.
Coordinate location and construction requirements with Sanitary Services, Inc.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTlNG CONDITIONAL USE PER.MIT
PAGE 13 OF 19
9. Certi fi cate 0 r Occupancy: All requ ired i mprovcmcnts 111 ust bc complete prior to
obtaining a Certificate of Occupancy for the proposcd development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the rorlll
of a I eUer 0 f credit 0 r cash in the amount 0 f I 10l}/o 0 ft he cost 0 Ct he required
improvements (including paving, striping, landscaping, and irrigation). A bidl11ust
accompany any request for temporary occupancy. Any temporary occupancy will not
exceed 60 days to complete the required improvements.
10. Water and sanitary sewer service to this proposed project were not shown on the
submitted site plan. The designer shall furnish the Public Works Department a new
site plan showing existing and proposed utility mains and service connection. Project
designer to coordinate main sizing and routing with the Public Works Department.
App I icant shall execute Ci ty of Meridian standard forms of easements, for any mains
that are required to provide service.
A historical analysis of the sanitary sewer & water assessment fees, and
latecomers fees will be performed during the building permit process. Fees for
the new proposal, as well as any additional assessment and latecomers eees that
are determined as a result oCthe historical analysis will be charged with the
issuance of a building permit for the current proposal. Latecomers rees arc fees
that are charged agai nst parcels that bencfi t from III a i nl i nc ex tensi ons that arc
funded by another party. The fees are a proportional rei mbursel11ent of the costs.
] ]. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
12. All irrigation d itches, laterals or canals, exclusi ve of natural waterways, intersecti ng,
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.
13. Applicant must submit a phasing plan for development of tile subject property.
14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to
the start of construction.
] 5. Per Ordinance] l-17-4.B., a conditional use permit. when granted. sh<ll! be valid lor a
maximum period of eighteen (]8) months unless othcr\vise approved by the City
COLlncil. During this time, the permit holder must acquire building permits and
commence the construction of permanent footings or structures. Time extensions are
allowed per the ordinance.
FfNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 19
J 6. The Planning and Zoning Commission recommends that the building heights be
approved as submitted.
17. An engineer's study of ground water elevations shaJ I be submitted with the bui Idi ng
permi t to consider the sanctuary occupied space at 15 '6" below ground level and the
lower level of the pyr8mid entry.
C. Adopt the Recommendations of the Meridian Fire Department as follovvs:
I. That a fire-now 8S required by the Intern8tionul Fire Code is provided to scrvice the entire
project. Fire hydrants shall be placed an average of350'.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final approv81 of the fire hydrant locations shall be by the Meridian Fire
Department. Additionally, internal fire hydt'al1ts will be required for the project.
4. All entrances and internal roads shall have a turning radius of 28' inside and 48'
outside.
S. Operational fire hydrants and access roads are required before combustible construction
begins.
6. No vertical obstructions or mature Iandscapi ng \vh ich obstructi ons the out lets 0 f the fl rc
hydrant within 10'.
7. Vertical clearance for driveways shall be 13 '6", this may affect tree placement in
landscaping areas.
8. All fire lanes shall have a clear driving surface which is20' wide available at all times.
9. All points of the New Sanctuary shall be within 200' from all a weather surface capable
of supporting a 70,000 load.
D. Adopt the Recommendations of Central District Health Department as follows:
1. No objection provided structure is connected to city services.
E. Adopt the Recommendations of the Nampa & Meridian lITigation District as follows:
I. If all storlll drainage is retained on-site there will be no impact on Nampa & Meridian
Irrigation District & no further revie\v will be required.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 19
2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires a Land Use Change Application be filed for review prior to final platting.
3. All laterals and waste ways mLlst be protected. The developer must comply with
Idaho Code 31-3805.
F. Adopt the Recommendations of the Ada County Highw8Y District as follows:
1. ACHD submitted a letter stating that ACHD does not have any site-specific
rcq LI i rements at th is time.
2. 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.
G. Adopt the action of the City Council taken at their February 17, 2004 meeting as follows:
For clari fication:
I. Since traffic is the biggest concern at the intersection of Hickory and FairviC\v, stalTs!lall
work with ACHD to see what can be done to get the signalization placed sooner at this
intersection. Additionally, upon approval of this application, it is understood that before
any signal can be placed at this intersection the process of design and the purchasing of
right-of-way would need to be in place.
2. Staff shall work with the church, Chief of Police, and surrounding property owners to
educate them of the correct way to exit from Hickory heading east onto Fairvie\N, anclthar
citations may be issued for illegal vehicular cross-traffic movcs that cross over south on
Fairvievv.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
~11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such rCl)uirClllcnts as a condition of approval oCthe application far a conditional use pelmil.
4. That the City Attorney draft an Order Granting Conditional Use Permit
111 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 LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 19
Works Departl11ent 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 permit
holder must commence the use as permitted in accordance with the conditions of approval,
satis fy the req ui rements set forth in the conditions of approval, acquire bu i1di ng pcrm i ts and
commence construction of penn anent 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 spcci f1cd in the appl i cation and to the commission and counci 1 a constructi on schedulc and
completion elate 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 counci I review. The application for timc
extension shall be submitted at least thirty (30) days prior to the deadlinc for completion oCthe
project. For projects requiring platting, the final plat must be recorded \vithin 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
ori gi na I date 0 f' approva I by the counci L I f the successive phases are not su bmi tted wi th i none
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 19
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
Cor Judicial Review lllay be filed.
Please take notice that this is a final action of the governing body oCthe City of
Meridian, pursuant to Idaho Code ~ 67-652 I an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of [he
conditional use permit approval 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.
2 "'--,!{
By action of the City Council at its regular meeting held on the
day or
I~ct-
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~4.-
COUNCILMAN BILL NARY
VOTED ~
COUNCILMAN CHARLIE ROUNTREE
VOTED~-
COUNCILMAN KEITH BIRD
VOTED2-
---
MA YOR TAMMY de WEERD (TIE BREAKER)
DATED: 3--"2'-04-
VOTED
MOTION: V
APPROVED:~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 19
Attest
...
-
...
-
& ~
William G. Berg, .II'., Cit Cle -k %.. C--o. ,05 0:::
-;.;'f\ uSr '5"'\' . ",Y; $
~ VA : ~... .....
~ ry ,,')1- ,.::-
Copy served upon Applicant, PJanning/alw"Qi\)1}il!gp,e~~rtn1ent, Public Works
Department and the City Attomey. ",'. "" .....'
BY~~~~~
City Clerk '
Dated:
(\) ~
a -
.... c):::-
~ Gtl" __ "',0 ~
~ "?.o ~ 1 ~ .;~'('}-
~~~ %J -- ~)~ ~~>'
......./1'>. ~ ,\
: /'
Z,\\<llk,jVrq\kndl~n\i'vlcl'ldi,lt1 I 5360iVI\C;1)1llal Chnsliall CCIlIcr CUP-OJ-064\FIl"1s CUP-(LHl(,4 dOl:
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERlVUT
PAGE 19 OF 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT IN AN L-O ZONE,
LOCATED AT 2760 E. FAIRVTEW
ROAD, MERIDIAN, IDAHO
CAPIT AL CHRISTIAN CHURCH,
APPLICANT
C/C 02/17/04
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-03-064
ORDER GRANTING
CONDITIONAL USE PERfVIIT
l. This matter coming before the City Council on February] 7,2004, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application
anclthe COLlncil having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a Planned
Development in an L-O zone located at 2760 E. fairview Road, Meridian, Idaho, subject to the
follovv i ng cond i tions 0 f use and development:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
I. Add a paragraph 16 on page 7 which states that the Planning and Zoning Commission
recommends that the building heights be approved as submitted.
2. Add a paragraph 17 on page 7 which states that an engineer's study of ground water
elevations shall be submitted with the building permit to consider the sanctuary occupied
space at 15'6" below ground level and the lower level of the pyramid entry.
ORDER CONDITIONAL USE PERMIT
(ell P-03-064)
PAGE I OF7
B. Adopt the Recommendations of the Planning and Zoning and Engineering statTas
lollovvs:
]. A drainage plan designed by a State ofIdaho licensed architect or engineer is rCljuircd and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking
areas. All drainage water is to be maintained on-site. Storm water treatment and disposal
must be designed in accordance with Department of Environmental Quality 1997 publication
Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City
of Meridian standards and policies. Off-site disposal into surface water is prohibited unless
the j urisd iction which has authority over the receivi ng stream provi des written authorization
prior to development plan approval. The applicant is responsible for filing all neccssary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to
and including a I OO-year storm event.
') All signage shall be in accordance with the standards set forth in Section 11-14 of the City
ZOlling and Development Ordinance or as specifically approved. All signage is subject to
dcsign review and shall require scparate permits.
3. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
4. Parking: All parking and areas of circulation shall be improved with a hard surf~lce in
accordance with MCC Il-13-4.D, and shall be installed and striped in accordance with the
submitted site plan, ADA and MCC ll-13-4.F. The applicant is granted their proposed
modi fication of parking standards.
5. Landscaping: Applicant must submit a revised landscaping plan 10 days prior to City
Council hearing.
6. Lighting: 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 spillover onto
adjacent properties or right-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
7. Accessibility: All construction and site improvements shall conform to the requiremcnts of
the Americans with Disabi lities Act.
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wnll or sight
obscuring fence at least four feet in height in accol'dance with Ordinance 11-12-1 C.
ORDER CONDITIONAL USE PERlVlIT
(CUP-03-064)
PAGE 2 OF 7
Coordinate location and construction requirements with Sanitary Services, Inc.
9. Cerli fic<lte 0 f Occupancy: All required improvemenls must be complete prior to oblaining a
Ccrti ficate of Occupancy for the proposed development. A temporary Cel1ificate of
Occupancy may be obtained by providing surety to the Ci ty in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including paving,
striping, landscaping, and irrigation). A bid must accompany any request Cor temporary
occupancy. Any temporary occupancy will not cxcced GO days to complete thc required
i m provemen ts.
I U. Watcr ancl sanitary sewer service to this proposed project were not sllO\vn on the submitted
site plan. The designer shall furnish the Public Works Departmcnt a nc\v site plan showing
existing and proposed utility mains and service connection. Project designer to coordinatc
main sizing and routing with the Public Works Department. Applicant shall execute City of
Meridian standard forms of easements, for any mains that are required to provide service.
A historical analysis of the sanitary sewer & water assessment fees, and latecomers fees
will be performed during the building permit process. Fees for the new proposal, as well
as any additional assessment and latecomers fees that are determined as a result of the
historical analysis will be charged with the issuance of a building permit for the current
proposal. Latecomers fees are fees that are charged against parcels that benefit from
mainline extensions that are funded by another party. The fees are a proportional
reimbursement of the costs.
1]. Coordinate fire hydrant placement with the CityofMeridian's Water Works Superintendent.
12. All irrigation ditches, laterals or canals, exclusive ofnalural waterw8Ys, intcrsecting, crossing
or Iyi ng adjacent a Ild con l i gUOllS to the area bci ng su bd i vi ded sl1<111 he tiled pcr C i [y
Ordinance 12-4-] 3. The ditches to be pipcd should be shown on the site pl,lIls. Plans will
need to be approved by the approp riate irri gati 0 n/dralllage distri c t, or la tera 1 llsers
association, with written confirmation 0 f s aid approval submitted tot he Public Works
Department.
13. Applicant must submit a phasing plan for development of the subject property.
14. A Certi ficate ofZoni ng Compliance and a Bui Iding Perm it shall be obtained prior to the start
of construction.
15. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shaJl be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City CounciL
During this time, the permit holder must acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ORDER CONDfTIONAL USE PERMIT
(CliP-03-064)
PAGE 3 OF 7
ordinance.
16. The Planning and Zoning COlllmission recolllmends that the building heights be approved as
submitted.
17. An engineer's study of ground water elevations shnll be submitted with the bui lding perllli t
to consider the sanctuary occupied space at 15'6" below ground level and the lower level of
the pyramid entry.
C. Adopt the Recolllmendations of the Meridian Fire Department as follows:
I. That a fire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of350'.
? Acceptance of the water supply for fire protection will be by the Meridian
'vVater Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department. Additionally, internal fire hydrants will be required Cor thc pmjcct.
4. All entrances and internal roads shall have a turning radius of28' inside and 48' olltside.
5. Operational fire hydrants and access roads are required before combustible construction begins.
6. No vertical obstructions or mature landscaping which obstructions thc outlets of the fire
hydrant within 10'.
7. Vet.tical clearance for driveways shall be 13 '6", this may affect tree placement in landscaping
areas.
8. All fire lanes shall have a clear driving surface which is20' wide available at all times.
9. All points of the Ne'vv Sanctuary shall be within 200' from aU a weather surface capable of
supporting a 70,000 load.
D. Adopt the Recommendations ofCcntral District Health Department as follows:
I. No objection provided structure is connected to city services.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. If all St01l11 drainage is retained on-site there will be no il11pact on Nalllpa & Meridian
ORDER CONDITIONAL USE PERMIT
(CUP-03-0M)
PAGE 4 OF 7
Irrigation District & no further review will be required.
2. lfany surl~acc drainage leaves the site, the Na111pa & Meridian Irrigation District requires a
Land Use Change Application be filed for review prior to final platting.
3. All laterals and waste \vays must be protected. The developer must comply \vith Idaho
Code 31-3805.
F. Adopt the Recommendations of the Ada County Highway District as follows:
I. ACl-II? su bmittec1 8 letter stating that AC HD c10es not ha ve an y si te-spec ill C rcq II i I"Cl1lcnts at
this time.
2. 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.
G. Adopt the action of the City Council taken at their February 17, 2004 meeting as follows:
For clari lIcation:
I. Since traffic is the biggest concet-n at the intersection of Hickory and Fairview, staff shall
work with ACHD to see what can be done to get the signalization placed sooner at this
intersection. Additiol181ly, upon approval of this application, it is understood that before
any signal can be placed at this intersection the process of design and the purchasing of
right-oC-way wOllldneecl to be in place.
7 Staff' shall work with the chlll'ch, Chief of Police, and surroLlnding property O\Vncrs to
educate them of the correct way to exit from Hickory heading east onlO Fain'iew. and thal
citations may be issued for illegal vehicular crosS-lraflic moves th<lt cross over south on
Fairview.
3. The above conditions are concluded to be reasonable and the applicant shaJlmcet
such requirements as a condition of approval of the application for a conditional use permit.
4. Noticc to Permit Holder, this conditional LIse permit is not transferable without
complying \.vith the provisions of Mcridian City Code S 11-17-8, a copy of which is attachcd to
this permit.
ORDER CONDITIONAL USE PERMIT
(CT P-03.064)
PACE 5 OF 7
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use pem1it 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 ill accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire bui !cling permits and
commence construct I on o!' permanent foot i ngs or struct urcs on or in the ground. III this contcx t
"structures" shal I inc lude sewer a nel water I ines, streets or bui Id i ng constrLlction. The app I icant
has specified in the app lication and to the commissi on and counci I a construction schedul e and
completion date for the project. If the completion date specified for the projcct is exceeded, the
conditional use application shall become null and void. However, thc applicant may submit an
application for a ti111e extension on the project for city council revie\v. 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 (] 8)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the Ii rst phase. ] n the evcnt that the deve lopment is madc in successi ve conti guous segments or
multiple phases, SLlch phases shall be constructed within successive intervals of one year trom thc
original date 0 f approval by the counci l. I f the sllccessi ve phases are not sllbmi ttee! wi thi none
year intervals, the conditional approval of the future phases shall be null and void. (IVICC I] -17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY T AKINGS ANALYSIS
ORDER CONDITIONAL USE PERMIT
(ClJP-03-064)
PAGE 6 OF 7
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
req ues! a regul atory taking anal ysi s. Such req uest must be in \\Ti ti ng, and must be fi led with the
City Clerk not more than twenty-eight (28) days after the final decision concerning thc matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Pctition
for J ud iei a I 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 g 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 clate 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
2v~
day of
11-1,C'VLcJ:-
,2004.
/. erel, Mayor City of Meridian
Attest: ,,\\~~ Of M "Ib"l/,>
~'':.~.... ~A."''''l
~... v' of-.POFT...1):: 'Y ~
~ .;:.0 ~o -:;.
s~<t&~#~9f ~~ SEAL <1 :
Wtlllam G. Berg, Jr., City Crerk ~ &0/. .~ 0 :; \1\111111111/
~ -r1 iJ-."'!....... d' +; ~ \\\ JII
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........ "-".. ' ~,' .::-- ,\\ 0 M '~^ I,
........"''1, ,/". .:. . ~. --l ~Ul. 't'
Copy served upon Applicant, the P]annd(gf(}lrd2oningD-~pfirtment, Public Wor~"''r.fi" ~.~ ':.11,- "\.
Ie A ' .;:.erc,o i".t ....
anclt~)torney. ~ ~ ;0 ~
Byc;lr~A:~ Dated ;j'-Z--,??? I ~
City' Clerk
/.> Worl(\M'i'vlcndi'IIl'j'vkndi.1Il I 5J()(Ji'v]-t'apIlal Clmsu.1Il ('Clllcr ('Ul'-OJ-OC)4\OnkrC 'UI'dll,'
ORDER CONDITIONAL USE PERMIT
(CUP-03-064)
PAGE 7 OF 7
ADA COUNTY RECORDF~.j. DAVID NAVARRO
BOISE IDAHO 04f16/04. .08 AM
DEPUTY Vicki Allen ..
RECORDED-REQUEST OF
City Of Meridian
AMOUNT .00
11
flIIIIIIII III 111I IJI 11I1 I III II I11I III
104045309
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
VACATION OF A PORTION OF PENNWOOD)
STREET RIGHT-OF-WAY AND 3RD AVENUE)
FOR TROUTNER BUSINESS P -;\RK )
DEVELOPMENT CORPORATION. )
)
)
)
)
)
)
)
TROUTNER BUSINESS PARK
DEVELOPMENT CORPORATION,
APPLICANT.
C/C 01/20/04
Revised 02/09/04
CASE NO. V AC-03-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
This matter coming on regularly before the City Council at its regular meeting held on
January 20,2004, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning
and Zoning Department, and Ryan Adelman, appeared and testified at the hearing, and the
Council having received the record from the Planning and Zoning Commission and its
recommendations to the City Council, and no objection having been received makes the
following Findings of Fact and Decision and Order.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
Findings of Fact and Conclusions of Law and Order
of Vacation for TroutnerBusiness Park - V AC-03-007
PAGE 1 OF 11
1. Easements shall be vacated in the same manner as streets. {LC. ~ 50-1325}.
2. The vacation of easements were accepted as part of a platted subdivision shall be
vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {LC. ~ 40-
203 (6)}.
3. Any person, firm, association, corporation or other legally recognized form of
business desiring to vacate a part of a plat which is inside the boundaries of any
City must petition the City Council to vacate. Any person, persons, firm,
. association, corporation or other legally recognized form of business desiring to
vacate a plat or any part thereof which is inside or within one (1) mile of the
boundaries of any city must petition the city council to vacate. Such petition shall
set forth particular circumstances of the requests to vacate; contain a legal
description of the platted area or property to be vacated; the names of the persons
affected thereby, and said petition shall be filed with the city clerk. Written notice
of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property
owners within three hundred feet (300') of the boundaries of the area described in
the petition. Such notice of public hearing shall also be published once a week for
two (2) successive weeks in the official newspaper of the city, the last of which
shall be not less than seven (7) days prior to the date of said hearing; provided,
however, that in a proceeding as to the vacation of all or a portion of a cemetery
plat where there has been no interment, or in the case of a cemetery being within
three hundred feet (3001) of another plat for which a vacation is sought,
publication of the notice of hearing shall be the only required notice as to the
property owners in the cemetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as
they deem necessary in the public interest. In the case of easements granted for
gas, sewer, water, telephone, cable television, power, drainage, and slope
purposes, public notice of intent to vacate is not required. Vacation ofthese
easements shall occur upon the recording ofthe new or amended plat, provided
that all affected easement holders have been notified by certified mail, return
receipt requested, of the proposed vacation and have agreed to the same in
writing. {LC. ~ 50-1306A (1), (2), (3) and (5)}
4. Pursuant to Meridian City Code SS 12-10-1 A and Band 12-10-2 A and B it.
provides as follows:
12-10-1
APPLICATION PROCEDURE:
1. Application: Any property owner desiring to vacate an existing subdivision,
public ri.ght of way or easement shall complete and file an application with the
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 2 OF 11
Administrator. These provisions shall not apply to the widening of any street
which is shown on this Comprehensive Development Plan, or the dedication of
streets, rights of way or easements to be shown on a recorded subdivision.
2. Administrator Action: Upon receipt of the completed application, the
Administrator shall affix the date of application acceptance thereon. The
Administrator shall place the application on the agenda for consideration at the
next regular meeting ofthe Commission which is held not less than fifteen (15)
days after said date of acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
A. Commission Recommendation: The Commission shall review the request and all
agency responses and make a recommendation to the Council for either an
approval, conditional approval, or denial.
2. Council Action:
1. Hearing; Notice: When considering an application for vacation procedures, the
Council shall establish a date for a public hearing and give such public notice as
required by law. The Council may approve, deny or modify the application.
Whenever public rights-of-way or lands are vacated, the Council shall provide
adjacent property owners with a quit-claim deed for the vacated rights of way in
such proportions as are prescribed by law.
2. Street Improvements; Bond: When considering an application for dedication
procedures, the Council may approve, deny or modify the application. When a
dedication is approved, the required street improvements shall be constructed or a
bond furnished assuring the construction, prior to acceptance ofthe dedication.
To complete the acceptance of any dedication of land, the owner shall furnish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
FINDINGS OF FACT
1. Troutner Business Park Development Corporation (Mary Ballantyne-President)
filed a petition for the vacation of six parcels of right-of-way located .
approximately 200 feet south of Franklin Road and approximately 500 feet west
of Meridian Road, and all of the platted right-of-way known as Southwest 3rd
Avenue for Troutner Business Park, Meridian, Idaho, and which all of the parcels
were platted with Troutner Business Park Subdivision No. 1 in 1997, and lie
within Township 3 North, Range 1 West, Section 13 of the Boise Meridian, Ada
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 3 OF 11
County, Idaho. Four parcels proposed for vacation lie along the north and south
boundaries of the Pennwood Street right-of-way. The Pennwood Street parcels
are all 3 feet wide, and approximately 420 feet long (east of3rd Avenue) and 290
feet long (west of3rd Avenue). The other two parcels proposed for vacation are all
of the platted right-of-way known as Southwest 3rd Avenue. Third Avenue was
platted 60 feet wide, and approximately 980 feet long. Together, the parcels total
approximately 61,610 square feet or 1.42 acres, more or less. The applicant is
requesting the vacation of six feet (three feet on each side) of Penn wood Street
because ACHD required right-of-way for a commercial street has changed from
60 feet to 54 feet and the 6 feet will be incorporated into a new preliminary plat
(Troutner Business Park Subdivision No.2, PP-03-034). In addition to the
Pennwood Street right-of-way, the applicant is requesting vacation approval for
all of the platted right-of-way for 3rd Avenue. The applicant claims that extending
3rd Avenue to the south as a stub street will interfere with the adjacent property
owner because Corporate Drive is also platted for extension adjacent to that site.
The portion of3rd Avenue, north of Penn wood Street, is proposed for vacation
because the two buildable lots that were platted on either side of3rd Avenue are
proposed to be one buildable lot for an R.V. Park. The applicant is concurrently
proposing to re-plat the subject right-of-way for Pennwood Street and 3td Avenue
within the proposed Troutner Business Park Subdivision No.2 (PP-03-034). The
legal description of the vacation of Troutner Park Subdivision, is the subject of
this petition, is:
Legal Description
Troutner Park Subdivision No.2
Right-of-Way Vacation for 3Td Street and a portion ofW. Pennwood Street
December 16,2003
Four parcels ofland all in the Northeast ~ of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho and more particularly described as follows:
All of3rd Street Right-of -Way on the north side ofW. Pennwood Street as shown on the
Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
AND
All of 3rd Street Right-of- Way on the south side of W. Pennwood Street as shown on the Troutner
Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 4 OF 11
AND
The northerly 3.00 feet of the easterly 794.81 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
AND
The southerly 3.00 feet of the easterly 790.68 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
The area contained on the four parcels described above is 1.42 Acres.
2. The particular circumstances of the requested vacation is:
The vacation of six parcels of right-of-way located approximately 200 feet south
of Franklin Road and approximately 500 feet west of Meridian Road, and all of
the platted right-of-way known as Southwest 3rd Avenue for Troutner Business
Park, Meridian, Idaho, and which all of the parcels were platted with Troutner
Business Park Subdivision No.1 in 1997, and lie within Township 3 North,
Range 1 West, Section 13 of the Boise Meridian, Ada County, Idaho, the
applicant desires to have vacated. Four parcels proposed for vacation lie along the
north and south boundaries of the Pennwood Street right-of-way. The PeIlllwood
Street parcels are all 3 feet wide, and approximately 420 feet long (east of3rd
Avenue) and 290 feet long (west of3rd Avenue). The other two parcels proposed
for vacation are all of the platted right-of-way known as Southwest 3rd Avenue.
Third A venue was platted 60 feet wide, and approximately 980 feet long.
Together, the parcels total approximately 61,610 square feet or 1.42 acres, more
or less. The applicant is requesting the vacation of six feet (three feet on each
side) of Penn wood Street because ACHD required right-of-way for a commercial
street has cl;1anged from 60 feet to 54 feet and the 6 feet will be incorporated into a
new preliminary plat (Troutner Business Park Subdivision No.2, PP-03-034). In
addition to the Pennwood Street right-of-way, the applicant is requesting vacation
approval for all of the platted right-of-way for 3rd Avenue. The applicant claims
that extending 3rd Avenue to the south as a stub street will interfere with the
adjacent property owner because Corporate Drive is also platted for extension
adjacent to that site. The portion of3rd Avenue, north of Penn wood Street, is
proposed for vacation because the two buildable lots that were platted on either
side of3rd Avenue are proposed to be one buildable lot for an R.V. Park. The
applicant is concurrently proposing to re-plat the subject right-of-way for
Pennwood Street and 3m Avenue within the proposed Troutner Business Park
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 5 OF 11
Subdivision NO.2 (PP-03-034)..
3. The applicant shall obtain approval of the requested vacation from the Ada
County Highway District and any other applicable public utility, agency, or
authori ty.
4. Written notice of the public hearing ofthis petition was given by certified mail
with return receipt at least ten (10) days prior to the date of the public hearing to
all property owners within three hundred feet (3001) ofthe boundaries of the area
described in the petition, and such notice was also published once a week for two
(2) successive weeks in the Idaho Statesman with the last publication which was
not less than seven (7) days prior to the hearing.
5. All publication costs have been paid by the petitioner.
6. The subject properties are located approximately 200 feet south of Franklin Road
and approximately 500 feet west of Meridian Road, within Section 13, Township
3 North, Range 1 West
7. The owner of record of the right-of-way is the Ada County Highway District
8. The Applicant, Troutner Business Park Development Corporation, Mary
Ballantyne, President, the abutting property owner, has submitted the request for
the proposed vacations.
9. The Recommendations and/or conditions pertaining to the vacation that the
applicant shall be required to follow, are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning Commission as
follows:
1. Delete special consideration #3 on page 2 of the submitted staff report.
B. Adopt the Recommendations of the Planning and Zoning and Engineering
staff as follows:
1. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10,
requires the Planning & Zoning Commission to review and make a
recommendation on Vacation applications. A public hearing is then required
before the City Council.
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 6 OF 11
State statute requires an easement vacation be filed when an irrigation
easement is involved.
2. Utilities: The Applicant should provide verification and testimony at the
public hearing whether or not the right-of-way contains any utilities. It is not
anticipated that any utilities are located within the right-of-way because it is
unopened and has never been developed for public access.
3. Prior to issuance of a building permit, or signature of a Final Plat on the
subject properties, the Applicant shall submit evidence that the right-of-way
requested for vacation, and any public utilities, has been approved by all
required agencies and authorities.
C. Adopt the Recommendations andlor action of the City Council taken at
their January 20,2004 meeting as follows:
For clarification:
1. The reduced width of Penn wood Street is approved. Vacation of
Third Street north of Penn wood is approved. Vacation of Third
Street south of Pennwood is approved, with the condition that a
stub street from Pennwood, to the south, be provided with a future
plat.
DECISION AND ORDER OF VACATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF
FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council
does hereby ORDER and this does ORDER that:
1. The following is the legal description of the vacation of Troutner Park
Subdivision, and hereby consents to the vacation:
Legal Description
Troutner Park Subdivision No.2
Findings of Fact and Conclusions of Law and Order
. of Vacation for Troutner Business Park - V AC-03-007
PAGE 7 OF 11
I. .
Right-of-Way Vacation for 3rd Street and a portion ofW. Pennwood Street
December 16, 2003
Fourparce1s ofland all in the Northeast y,; of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho and more particularly described as follows:
All of3rd Street Right-of -Way on the north side ofW. Pennwood Street as shown on the
Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
AND
All of3rd Street Rightof-Way on the south side ofW. Pennwood Street as shown on the Troutner
Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
AND
The northerly 3.00 feet of the easterly 794.81 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
AND
The southerly 3.00 feet of the easterly 790.68 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
The area contained on the four parcels described above is 1.42 Acres.
2. The petition for vacation of three feet of ACHD right-of-way on each side of
Pennwood Street for Troutner Business Park Subdivision No.2, is hereby granted
as long as the following recommendations and/or conditions ate follows:
The Recommendations and!~r conditions pertaining to the vacation that the
applicant shall be required to follow, are as follows to-wit:
A. Adopt the Recommendations ofthe Planning and Zoning Commission as
follows:
1. Delete special consideration #3 on page 2 of the submitted staff
report.
B. Adopt the Recommendations of the Planning and Zoning and Engineering
staff as follows:
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 8 OF 11
1. Process: The Subdivision and Development Ordinance (Title
12), Chapter 10, requires the Planning & Zoning Commission to review
and make a recommendation on Vacation applications. A public hearing is
then required before the City Council.
State statute requires an easement vacation be filed when an irrigation
easement is involved.
2. Utilities: The Applicant should provide ,:,erification and testimony
at the public hearing whether or not the right-of-way contains any utilities.
It is not anticipated that any utilities are located within the right-of-way
because it is unopened and has never been developed for public access.
3. Prior to issuance of a building permit, or signature of a Final Plat
on the subject properties, the Applicant shall submit evidence that the
right-of-way requested for vacation, and any public utilities, has been
approved by all required agencies and authorities.
C. Adopt the Recommendations and/or action of the City Council taken at
their January 20,2004 meeting as follows:
For clarification:
1. The reduced width of Penn wood Street is approved. Vacation of
Third Street north of Penn wood is approved. Vacation of Third
Street south of Penn wood is approved, with the condition that a
stub street from Pennwood, to the south, be provided with a future
plat.
3. The City Clerk shall cause a copy of this order to be served upon the affected
utility holders, and the petitioner, Public Works, Planning and Zoning
Departments, and the City Attorney's office.
4. The City Clerk shall cause a certified copy o,f this order to be recorded with the
Ada County Recorders office.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 9 OF 11
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 a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
'/ Jt.d.
!A~y acti?n of the City Council at its regular meeting held on the .?-- ~ day of
rn d/tulv- ,2004.
,
ROLLCALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED ~
VOTED fJelv
VOTED ~L
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: . 3- 2-04-
VOTED
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 10 OF 11
Attest:
ByJ~fr~' 9-
City Clerk
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DATED: 3- 2- tJ H ~
STATE OF IDAHO, )
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County of Ada, )
On this c2 Jvl day of f11arch , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the 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.
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Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 11 OF 11
, .
(
ADA COUNTY RECORDER J. DAVID NAI"..tl~O
BOISE IDAHO 03112104 11:19 AM
~~~.~~~E~~~E~O~~~a~F 111111111I111111111111111I1111111I111
MeridIan 104027946
AMOUNT .00
53
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
..,
_1.
City of Meridian
Charles L. Creech, 5r. and rvlal'Y M. Creech, Owner
Clayton Record and Susall T. Record. Owner
JLJ Enterprises, Inc., Developer
4.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ;ZI/f.d... day of Ilt /vu;./v ,2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
CHARLES L. CREECH and MARY M. CREECH, husband and wife, whose address is
2310 E. Victory Road, Meridian, Idaho 83642, hereinafter called "OWNER", and
CLA YTON RECORD and SUSAN T. RECORD, husband and wlfe, whose address is
4355 W. Victory Road, Meridian, Idaho 83642, hereinafter called "OWNER", and .ILl
Enterprises, Inc., whose' address is 408 S. Eagle Road, Suite 103, Eagle, Idaho 836] 6,
hereinafter called "DEVELOPER".
l.
RECIT ALS:
1.1 \VHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract of land in the COLlnty of Ada, State or Idaho, described
in Exhibit A for each oWller. \vhich is attached hereto and by this
reCcrencc i ncorporatccl herei 11 as i r SC! Carl h in fu II, here i 11 a Iter
referred to as the "Property"; and
1.2 'WHEREAS, LC. ~ 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" and/or "Developer" make a written commitment
concerning the use or development of the subj ect "Property"; and
1.3 'WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-]6-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
] .4 \VHEREAS, "Developer" has submitted an application for
annexation and zoning of tbe "Property's" described in Exhibit A,
and has requested a deslgnation of (R-8) Medium Density
Residential District, (Municipal Code oCthe City or Meridian): alld
UEVELOPlvlfNT AGREEt'vIENT (AZ-OJ-023)
PAGE I OF J-l
Vi"
1.5
1.6
1.7
1.8
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be
made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning C0l11111issi on, and subseq uently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planningjurisdictioll, and received further testimony and comment;
and
<'2f!I-LA
WHEREAS, City .COl~nci.l, the ~ day of ,~kM,t: ' 2004,
has approved certall1 Fll1d1l1gs of Fact and ConclUSIOns of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as ifset forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" and "Developer" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9
"O\VNER" and "DEVELOPER" deem it to be in its best interest
to be able to enter into this Agreement and ac1mowledges that this
Agreement was entered into voluntarily and at its urging and
req uests; and
1.9
'WHEREAS, "City" requires the "Owner" and "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions or this
development agreement, herein bei ng estab lished as a resul t 0 f
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 2 OF 34
~
~~.
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOvY, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as ifset forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following worcls,
terms, and phrases herein contained in this section shaH be defined and lnterpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.\
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and ex isting by virtue
of law of the State ofIdaho, whose addt'ess is 33 East Idaho
Avenue, Meridian, Idaho 83642.
" ')
-) .-
"DEVELOPER": means and refers to JU Enterprises, ]nc.,
whose address is 408 S. Eagle Road, Suite 103, Eagle, [c1aho
83616, the party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
" ...,
.)..)
"OWNER": means and refers to Charles L. Creech, Sr. and M.ary
M. Creech, husband and wife, whose address is 2310 E. Victory
Road, Meridian, Idaho 83642, and Clayton Record and Susan T.
Record, husband and wife, whose address is 4355 W. Victory
Road, the parties owning said "Property" being developed and
shall include any subsequent owner(s)/deveJoper(s) of the
"Property".
3.4
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated
herein as if set fot'th at length.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 3 OF 34
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The Llses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (D) which are herein specified as follows:
CO(lstruction {l1J(1 development of a plan lied development
consisting of 57 building lots with 9 other lots in II proposed R-8
zone.
4.2 No change in the llses specified in this Agreement shall be nllowccl
without modification of this Agreement.
S. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use pemlit, and shall be required to
obtain the "City's" appr6val thereof, in accordance to the City's Zoning & Develop111ent
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement
of construction of any buildings or improvements on the "Property" that req ui re a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PRO PERTY:
6./\ "Developer" shull develop the "Property" in accordance with the
following special conditions:
ANNEXATION AND ZONING CONDITIONS:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
fol]ows:
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service per City Ordinance Section 5-7-517. Wells may be lIsed for
nOll-domestic purposes such as landscape inigation.
B. Adopt the Recommendations oftl1e Meridian Fire Depal'tment as follows:
The following will be the requirements amI/or concerns to provide minimum levels of fire
protection for the proposed project:
DEVELOPMENT AGREEMENT {AZ-03-023)
PAGE 4 OF 34
I. The phasing plan may requtre that any roachvay greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2. All roads shall have a tuming radius of28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The emergency access road will require either a
20' wiele swing gate or bollards, and if boUards are used then the Meridian Fire
Department will need to approve of them. The location on Block I Lot 18 is
approved.
4. Provide a fire-flow per the Intemational Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apmi.
C. Adopt the Recommendations of Central District Health Department as follows:
l. This proposal can be approved for central sewage & central water after written
approval fro111 appropri ate entj ties is SUblll j tred.
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. Rlln-offis not to create a mosquito breeding problem.
4. Storm water shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water q llal i ty.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for storm water disposal and design a
st01111water management system that prevents groundwater and surface water
degradation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
]. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way from centerline along
DEVELOPMENT AGREEMENT (AZ-03-023}
PAGE 5 OF 34
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along
Victory Road, located a minimum of28-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 Victory Road, located a minimum of28-feet from the
centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additionall"ight-of-way, but construct a minimum 5-foot wiele
concrete sidewalk along Victory Road, located at the back edge ot-thc existing
right-of-way. Accomplish all necessary adjustments to properly ,lCC0l111110clute
existing drainage and utilities.
2. Construct the main entrance to be located so tbat Gunnell A ven ue intersects
Victory Road approximately 385-feet east of the west property line.
3. Construct Gunnell Avenue and Tigeri Street as 36-foot street sections witb curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50-feet ofright-of-way.
4. Construct Conda Avenue and McPherson Street as 29-foot street section with
curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter
strip within 42-feet of right-of-way.
5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side of the roadway \vith 8 minimum of 24-fcct of
pavement 'vvithin a minimum of35-feet of right-of-way, as proposed.
6. Construct two 16-foot wide alleys within the subdivision located perpendicular to
Tigert Street and McPherson between Conda Avenue and Gunnell Avenue AND
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a
back-of-curb radius of IS-feet at aU intersections and pave the alleys their entire
width of I6-feet. Any driveways that are proposed to access an alley shall be
located a minimum of 25- feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22- feet.
7. Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 6 OF 34
8. Construct Hudspeth Avenue on the east property I j ne to serve as a quasi stu b
street for the property that is located directly to the east, as proposed.
9. Construct a temporary emergency access road that wi II intersect Victory Road
approximately 10-feet west of the east property line and extend to the north to
intersect Tigert Street, as proposed. Install traffic bollards within the emergency
access to minimize the cOlmection.
10. Other than the access points that have specifically been approved with this
application, direct lot access to Victory Road is pwhibited. Lot restrictions
prohibiting access to Victory Road shall be placed on the final plat.
1]. Comply with all Standard Conditions of Approval.
Standard Cond itions 0 f Approval
1. Any existing irrigation facilities shall be relocated outside of the rigl1t-of-\vay.
2. All uti lity relocat ion costs assoc i ated wi th i l11 provi ng street frontages ab ulti ng the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that Illay be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387 -6258 (wi th fi Ie numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The app I icant shall subm i t revised plans for sta ff a pp rova I, pri or to issuance 0 f
building permit (or other required permits), which incorporates any required
design changes.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 7 OF 34
7. Construction, use and property development shall be in confom1ance with aU
applicable requirements ofthe Ada COtmty Highway District prior to District
approval for occupancy.
8. Payment of applicable road irnpact fees are required prior to building construction
in accordance with Ordinance #] 97, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utiJities
damaged by the applicant. The applicant shall be required to call DIGUNE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the tenus and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject propel'ly unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the tIme the change ill use is sought.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation Distt'ict as follows:
]. A Land Use Change Application is required by the District before comment or
approval can be made on the CUP, and the Application must also be reviewed 011 the
PP prior to final platting.
? All laterals and waste ways mllst be protected. All municipal surface drainage must
be retained on site. Ifany surface drainage leaves the site, the District must review
drainage plans.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 8 OF 34
3. The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
For clarification:
I. The Applicant shall increase the entry street width to 36'. By increasing the street to
this width it will help to create more parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate the 36' street width.
(ACHD reviewed the proposed street layout and found that a network of one-way
streets would not be beneficial to the circulation or safety in the proposed
subdivision. ACHDis allowing the Applicant to construct a 36' street section, with
parking allowed on both sides, within a 50' right-of-way. (Per ACHD's letter elated
January 5, 2004.)
2. The Applicant shall revise the street layout on the east side of the subdivision to
include a rolled curb and gutter on the east side of Hudspeth A venue.
3. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in
these homes, but no windows shall face into the Sherbrooke Hollows homcs.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road to the
larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 9 OF 34
PRELIMINARY PLAT CONDITIONS:
A. Adopt the Special Recommendations of tile Planning and Zoning Commission as
tollo\\'s;
i. Lnc]ucle fence lllle along eastern property line on plat.
8. Adopt the Recommendations of the Planning and Zoning and Engineering stall as
follows:
SITE SPECIFIC COMMENTS (preliminary plat)
I. Sanitary sewer service to this project is being proposed via a main line extension
clown Victory Road. Currently the sewer trunk ends approximately 3,400 feet west of
the project site. The applicant shall be required to extend sewer mains to and through
the proposed development.
2. Domestic water service tot his site shall be via new main line extensions from
existing mains. Currently water mains exist on the east side of the Ridenbaugh
Canal, and at the southem edge of the Sherbrooke Hollows Subdivision in Locllst
Grove road. The subdi vision designer to coordinate main sizing and routing with the
Public Works Department. The applicant shall be required to extend vvater mains to
<1lld th mugh t11 e proposed cleve lopment.
3. Applicant shall submit a site plan depicting how homes will fit on the lots in Block 2
of the proposed subdivision.
4. Applicant shall prohibit parking in the proposed alleys and garage aprons located in
blocks 2, 3, 4, and 5. Ifthe site plan is revised and20' aprons are provided for each
garage, parking will be permitted on the aprons for lots in blocks 2, 3, 4, and 5.
5. Fencing details shall be submitted vvith theFinaJ Plat application. Fencingadjacenl to
pathways or the common area lots shall not be over three feet in height if constructed
of a solid material, and shall not be more than 4 feet in height if it is non-sight
obscuring. A solid, 6~foot high perimeter fence shall be installed prior to any building
pellllits being issued, unless agreed to otherwise in writing by the Planning Director.
6. All adjacent agricultural uses shall be protected and a note added to the face of the
plat regarding the Right to Fann Act.
DEVELOPMENT AGREEMENT (AZ-03-0D)
PAGE 10 OF 34
7. The required landscaping and irrigation system sha] I be installed prior to the issuance
of a Certificate of Occupancy for any building on any lot created by the subdi vision.
Landscaping and fencing must be bonded for prior to applying for building permits.
8. No phasing lines were shown on the preliminary plat. Ifphasing is planned, applicant
shall submit a revised plat prior at least 10 days prior to the next public hearing
showing the proposed phase lines.
9. Underground pressurized irrigation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintalned by the Nampa & Meridian Irrigation
District.
10. The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. Ira creek or I,vell source is not available, a single-point
connection to the culinary water system shall be required. Ira single-point cOllnection
is uti lized, the developer shal I be rcspollsi b I e for the paym ent 0 f assessm ents fo r the
common areas prior to signature on the final plat by the Meridian City Engineer.
11. Please submit all updated groundwater monitoring data to the Public Works
Department for review. All drainage areas (detention/retention basins) mllst be
designed to ensLlre that water is retained only during I GO-year storm events, and for a
period of time 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 determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations are set a minimum aD-feet above the highest established
nOl1l1al 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 (preliminarv plat)
]. Please submit a copy of the Adn COllnty Street Name COlllmittee's final appwval
letter Cor the subdivision name, and the lot and block nUlllbering. Make anv
correct ions necessary to con form.
2. Coordinate fire hydrant placement with the City of Met-iclian Public Works
Department
3. A letter of credit or cash surety in the amount of 110% will be required for all
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE]] OF 34
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the fi nal p I at.
4. Tvvo-hundred-fifty ane! one-hundred-walt, high-pressure sodium streetlights wl!1 be
required at locations designated by the Public Works Department. All streetlights
shal I be installed at subdi vider's expense. Typ i callocations are at street i ntersecti OilS
and/or fire hydrants.
5. All irrigation ditches, laterals or canals, exclusi ve of natural waterways, intersecti ng,
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 lITigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
6. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape inigation.
7. Graphically depict any FEMA flood plain boundaries. Note restrictions associated
with the flood zone on the face of the preliminary plat.
8. Performance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
L The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way from centerline along
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along
Victory Road, located a minimum of28-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 Victory Road, located a minimum of28-feet
from the centerline of the right-of-way, in an easement provided to the
District.
DEVELOPMENT AGREE?vlENT (AZ-03-023)
PAGE 12 OF 34
c, Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Victory 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 the main entrance to be located so that Gunnell Avenue intersects
Victory Road approximately 385-feet east of the west property line.
3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50-feet of right-of-way.
4. Constt"Llct Conda Avenue and McPherson Street as 29-[00t street section with
curb, gutter and 4- foot detached si c1ewalks that are separated by a 5- foot pi allter
strip within 42-feet of right-of-way.
5. Construct Hudspeth Avenue as one-half of a 29- foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side o[the roach-vay and a 3-foot
gravel shoulder on the east side of the roadway with a minimum of24-feet of
pavement within a minimum of 35-feet of right-of-way, as proposed.
6, Construct two 16-foot wicle alleys within the subdivision located perpendicular to
Tigert Street and McPherson between Conda Avenue and Gunnell Avenue AND
between Gunnell A venue and Hudspeth Avenue. Construct the alleys to have a
back-of-curb radius of IS-feet at all intersections and pave the alleys their entire
width of 16-feeL Any driveways that are proposed to access an alley shall be
located a minimum of 25-feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22-feet.
7. Construct Olle knuckle wi thout a center island located in the north west corner 0 f
McPherson Street and Conda A venue, as proposed.
8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub
street for the property that is located directly to the east, as proposed.
9. Construct a temporary emergency access road that will intersect Victory Road
approximately 10-feet west ofthe east property line and extend to the north to
intersect Tigert Street, as proposed. Install traffic bollarcls within the emergency
access to minimize the connection.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 13 OF 34
IU. Other than the access points that have specifically been approved with this
appl ication. direct lot access to Victory Road is prohibited. Lot restrictions
prohibiting access to Victory Road shall be placed on the final plat.
1]. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
!.
Any existing liTigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
"
.).
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
,1
'"T.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance or
building permit (or other required permits), which incoqJorates any required
design changes.
7.
Construction, use and propeliy development shall be in conformance with all
app]icable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to buildlng construction
in accordance with Ordinance # 197, also known as Ada County Highway District
Road Impact Fee Ordinance.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE ]4 OF 34
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or fiUed) are compromised during
any phase of construction.
10. No change in tbe 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 ane! an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change frolll the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with aU rules,
regulations, ordinances, plans, or other regulatory and legal restrictions ill forcc at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recolllmendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of
fire protection for the proposed project
1. The phasing plan m8Y require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a tum around.
') All roads shall have a tuming radius of28' inside and 48' outsicle.
3. A minimulll of two points of access will be required for any portion of the project,
which serves more than 50 homes. The emergency access road will require either a
20' wide swing gate or boUards, and if bollards are used then the Meridian Fire
Department will need to approve of them. The location on Block I Lot 18 is
approved.
4. Provide a fire-flow per the Internationa] Fire Code Appendix D to service the
project. Fir-e hydrants shall be placed an average of 400' apart.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 15 OF 34
E. Adopt the Recommendation ofNampa & Meridian Irrigation District as Collo\\'s:
1. A Land Use Change Application is required by the District before comment or
approval can be made on the CUP, and the Application must also be reviewed
on the PP prior to final platting.
2. All laterals and waste ways must be protected. All municipal surface drainage
must be retained on site. If any surface drainage leaves the site, the District
must review drainage plans.
3. The developer must comply with Idaho Code 31-3805.
F. Adopt the RecOl'nmendations of the Central District Health Department as
follows:
I. This proposal can be approved for central sewage & central water after written
approval from appropri ate enti ti es is SLl bm itted.
2. The Applicant's central sewage and central water plans mLlst be submitted to ane!
approved by tbe Idaho Department o[Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. St0TI11water shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain ClllTent best management practices for stOll11water disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
G. Adopt the action of the City Council taken at their January 6,2004 meeting as
follows:
I. Per the Parks Department, Deve 10per sha] I bu i ld the pathway to approved pathway
standards.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 16 OF 34
2. For clarification:
I. The revised Preliminary Plat datedl 0/21/03 is hereby approved for 57 building lots
with 9 common lots, except the revised Prelirninary Plat under Project Summary:
Minimum Dwelling Size.........1200 sq. ft. is not approved, and the minimum
dwelling sizes are addressed in number G.6 herein below.
2. The Applicant shall increase the entry street width to 36'. By i Ilcreasi ng the street to
this width 1t will help to create more parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate the 36' street \viclth.
(ACHD reviewed the proposed street layout and found that a network of one-way
streets would not be beneficial to the circulation or safety in the proposed
subd i vision. ACHD is allowing the App licant to construct a 36' street sectj 011, \V i th
parking allowed 011 both sides, within a 50' right-of-way. (Per ACHD's letter elated
January 5, 2004.)
3. The Applicant shall revise the street layout on the east side of the subdivision to
include a rolled curb and gutter on the east side of Hudspeth Avenue.
4. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
5. Applicant shall only be allowed one story homes to be built on the lots that back up
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in
these homes, but no windows shall face into the Sherbrooke Hollows homes.
6. Minimum housing sizes shall be as follows:
a. ] ,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollo'vvs.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes 011 alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
7. The sanitary sewer cOlmection shall be directly westward on Victory Road to the
larger Ten Mile Sewer Tnll1k and beyond in the future. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
DEVELOPMENT AGREEMENT {AZ-03-023)
PAGE 17 OF 34
CONDITIONAL USE PERlVIlT CONDITIONS:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Restrictions under CUP will be referenced on plat.
2. Minimum housing sizes for west and north lots are 1,500 s.t for single story
houses and ],750 s. f. for two story houses.
3. The minimum house size for single story houses on Victory Rd. is ] ,300 s. f.
4. Minimum house sizes on alley lots are 1,300 s.f for single story houses and
1,600 s.f. for two story houses.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
I. Applicant shalllileet all of the requirel11ents of the preliminary plat as a condition of
the Conditional Use Permit.
2. Applicant shall submit a detailed plan for the proposed park and tot lot.
3. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
4. No building permits shall be issued within the development until a Final Plat has
been recorded for the subdivision.
C. Adopt the Recommendations of the Meridian Fire Depaliment as follows:
The following will be the requirements ancIJor concems to provide minimum levels of fire
protection for the proposed project:
]. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2. All roads shall have a turning radius of28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of the
project, which serves more than 50 homes. The emergency access road will
require either a 20' wide swing gate or bollarcls, and ifbollards are used then
the Meridian Fire Department will need to approve ofthel11. The location on
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 18 OF 34
Block 1 Lot 18 is approved.
4. Provide a fire-flow per the Intemational Fire Code Appendix D to service the
project. Fire hydrants shall be placed an average of 400' apart.
D. Adopt the Recommendations of Central District Health Department as follows:
I. This proposal can be approved for central sewage & c entr(]l \v atcr a ftCI'
written approvat from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans Illust be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated tlu'ough 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 CUlTent best management practices for stormwater
disposal and design a stonnwater management system that prevents
groundwater and surface water degradation.
E. Adopt the Recommendations of the Ada County Highway District as follows:
A. Site Specific Conditions 01" Approval
I. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way frol11 centerline along
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory
Road, located a minimum of 28-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 Victory Road, located a minimum of28-feet from the
centerline of the 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 Victory Road, located at the back edge ofthe existing
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 19 OF 34
right-of-way. Accornplish all necessary adjustments to properly accommodate
existing drail1age and utilities.
J Constmct the main entrance to be located so that Gunnell Avenue intersects
Victory Road approximately 385-feet east of the west property line.
3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50- feet of right-of-way.
4. Construct Conda Avenue and McPherson Street as 29-foot street section with
curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter
strip within 42-feet of right-of-way.
5. Construct Hudspeth Avenue as one-half of a 29- foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side of the roadway with a minimum of24-feet of
p<.wcmcnt within a minimum of 35-feet of right-of-way, as proposed.
6. Construct two 16-foot wiele alleys .vi tlli n the subel i vision located perpendicular [0
Tigert Street and McPherson between Conda Avenue and Gunnell Avenue AND
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have l1
bade-of-curb radius of IS-feet at all intersections and pave the alleys their entire
width of 16-feet. Any driveways that are proposed to access an aUey shall be
located a minimum of 25-feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22- feet.
7. Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
8. Construct Hudspeth Avenue on the east propeliy line to serve as a quasi stub
street for the propeliy that is located directly to the east, as proposed.
9. Construct a temporary emergency access road that will intersect Victory Road
appro.': i mate ly I 0- reer west 0 f the east propet.ty line and ex tend to the north to
intersect Tigert Street, as proposed. Install traffic bollat-ds within the emergency
access to minimize the connection.
to. Other than the access points that have specifically been approved with this
application, direct lot access to Victory Road is prohibited. Lot restrictions
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 20 OF 34
prohibiting access to Victory Road sllall be placed on the final plat.
I!. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
] . Any existing irrigation faci lities shal] be relocated outside of the right-o C-way.
7 All utility relocation costs associated with improving street frontages abutting the
site shall be bome by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may bc
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
). All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, 1SPWC Standards and approved supplements,
Construction Services procedur'es and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and cel,tify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance orc
building pel-mit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also Imown as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 21 OF 34
damaged by the applicant The applicant shall be required to call DIGLINE (]-
800-342-1585) at least two fun business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Oper-ations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the tenns and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
II. Any change by the applicant ill the planned use ofthe property which is the
subject of this appllcation, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatot-y 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 plannecluse 0 f the subject property unless [1
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.
F. Adopt the action of the City Council taken at their January 6,2004 meeting as
follows:
1. Per the Parks Department, Developer shall build the pathway to approved pathway
standards.
2. For clarification:
I. The revised Preliminary Plat dated 10121/03 is hereby approved for 57 building lots
with 9 common Jots, except the revised Preliminary Plat under Project Summary:
Minimul11 Dwelling Size.. ...,. ..1200 sq. ft is not approved, and the minimum
dwelling sizes are addressed in number G.6 herein below.
2. The Applicant shall increase the entry street width to 36'. By increasing the street to
this width it will help to create mOt-e parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate the 36' street width.
(ACHD reviewed the proposed street layout and found that a net\vork of one-way
streets would not be beneficial to the circulation or safety in the proposed
subdivision. ACHD is allowing the Applicant to construct a 36' street section, with
parking allowed on both sides, within a 50' right-of-way. (Per ACHD's letter dated
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 22 OF 34
January 5, 2004.)
3. The Applicant shall revise the street layout on the east side of the subdivision to
i nc lucle a ro lleel cllrb and gutter on the east side 0 f H udspeth Avenue.
4. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
). Applicant shalt only be allowed one story homes to be built on the lots that back up
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in
these homes, but no windows shall face into the Sherbrooke Hollows homes.
6. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1)50 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. ] ,300 sq. ft. r:ninimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
7. The sanitary sewer connection shall be directly westward on Victory Road to the
larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
8. The drCl wi ng sub m i tted at the Ci ty Counci I meeti ng he Ie! on J <lnuary 6, 2004 and
dJted January 6, 2004 regarding the street section for Hudspeth Avenue is hereby
approved.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: Tbis Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or
"Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.e. 9 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ-03-02J)
PAGE 23 OF 34
"Owner" and/or "Developer" consent upon default to the de-annexc1tion
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and/or "Developer" and if the
"Owner" and/or "Developer" fails to cure such failure within six
(6) months of such notice.
9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon
camp letion of any portion or the enti rety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
req uest the Ci ty Engineer's inspections and wri tten approval 0 f sLlch completed
Improvements or portion thereofin accordance with the terms and conditions of'this
Development Agreement and all other ordi nances 0 r the "City" that apply to said
Development.
10.
DEFAULT:
10.1 In the event "Owner" and/or "Developer", "Owner" and/or
"Developer's" heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Owner" and/or "Developer"
of anyone or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall not bar
any other rights or remedies of "City" or apply to any subsequent
breach of' any such or other covenants and conditions.
I]. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum 0 f th is Agreement or this Agreement, j nc1ud illg all of the Exhibi ts, at
"Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer",
prior to the third reading of the Meridian Zoning Ordinance in connection with the
annexation and zoning oftbe "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 24 OF 34
annexation and zoning of the "Property" contemplated hereby, the "City" shall execute
and record all appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Propeny" as speci fled
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" and/or "Developer", or by any
Sllccessor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific performance
of the covenants, agreements, conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" and/or "Developer" shall have thil1y
(30) days after deli very of notice of said breach to conect the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
wi thin such thi rty (30) day period and thereafter shall prosecute the
curing of same wi th d i I i gence and continu i ty, then the time a [lowed
to cure such failure may be extended for SLlch pet-iod as l11ay be
necessary to comp I ete the curi ng of the same wi th cI i I igence and
continuity.
13.2 In the event the perfol1nance of any covenant to be performed
hereunder by either "Owner" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
causes, the time for sllch performance shall be extended by the
amount of time of such delay.
14. SURETY OF PERFOR1VIANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code 9 12-5-3, to insure that installation of the
improvements, which the "Owner" and/or "Developer" agrees to provide, ifrequired by
the "City".
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 25 OF 34
15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owner" and/or "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the pal-ties ancl/or required by this
Agreement shall be deemed deli vered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, retLIrn
receipt requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City ofMeridial1
33 E. Idaho Ave.
Meridian, ill 83642
JLJ Enterprises, Inc.
408 S. Eagle Road, Suite 103
Eagle, Idaho 83616
OWNER:
with copy to:
Charles L. Creech, Sr. and Mary M. Creech
2310 E. Victory Road
Meridian, Idaho 83642
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Clayton Record and Susan T. Record
4355 W. Victory Road
Mel'idian, Idaho 83642
17,1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 26 OF 34
IS. ATTORNEY FEES: Should any litigation be commenced between the
panics hereto concet-ning this Agreement. the prevai ling party shall be entitled. in
addition to any other relief as may be granted, to COLlrt costs and reasonable attorney's
fees as determined by a COUt.t of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so [ai ling to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the paliies' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner" and/or "Developer" of the
"Property", each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shall in any way prevent sale or alienation of the "Property",
or portions thereof, except that any sale or alienation shall be subject to the provisions
hereo r and any Sllccessor owner or owners shall be both bene fi tted and bOllnd by the
conditions 8nd restrictions herein expressed. "City" agrees, upon written requcst of
"Owner" and/or "Developer", to execute appropriate and recordab Ie evi dence 0 f
termination of this Agreement if"City", in its sole and reasonable discretion, had
determined that "Owner" and/or "Developer" has fully performed its obligations under
this Agreement
21. INV ALID PROVISION: If any provision of this Agreement is held not
valid by a cOUli of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and/or
"Developer" and "City" relative to the subject matter hereof, and tl1ere are no promises,
agreements, conditions or understanding, either oral or written, express or in1plied,
between "Owner" and/or "Developer" and "City", other than as are stated herein. Except
as herein other'vvise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and
DEVELOPMENT AGREEMENT (AZ-03-02J)
PAGE 27 OF 34
signed by them or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "City".
22. t No condition goveming the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without tl1e approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. E FFECTIVE DATE OF AGREEJVl ENT: This Agreement shall be
effective on the date the Meridian City COLlncil shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City ClerIc
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 28 OF 34
ACKNO\VLEDGMENTS
IN WITNESS vVHEREOF, the parties have herein executed this
agreement and Made jt effective as hereinabove provided.
DEVELOPER:
Attest:
BY<~-::~ a~"")~-S //lI),Cc<'IY'---/
t) ,/
OWNER:
BY: (?i//tk, 1- ~ JL.
CHARLES 1. CREECH, SR.
,~~ .~
BY:Yn~R~ f2/uu~
MARY M ECH
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 29 OF 34
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PAGE 30 OF 34
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On this ~!)f\- day of ())Ov\~ ic
2004, before me, a Notary Public,
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l~not;r/o~.I_( ~1tifi~B (t~ ~11~' to be the (;jLhd.'{LL(.~ and
of 1L1 ENTERPRISES, INe., and the persons who
executed the instrument and acknowledged to me that they having executed the same on
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STATE OF IDAHO
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COUNTY OF ADA )
(SEAL)
STATE OF IDAHO
personally
ill the year
appeared
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Notary PubJi. for Idaho (
Residing at; ~cLilt.)
Commission expires: 0. _.Lf_()J
:ss
COUNTY OF ADA )
On this d- day of tJ\a.V ~ Joz>./,il1 the year
2004, before me, a Notary Public, personally appeared CHARLES 1. CREECH, SR. cHld
MARY M. CREECH, husband and wife, known or identified to me to be the persons who
executed the instrument and acknowledged to me that they having executed the same.
(S EAL)
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Notary Pub]. c
Residing at:
Comn]ission expires:
RESIDiNG IN: MERIDIAN, IDAHO
COMMISSION EXPIRES; 10-0a.o7
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 31 OF 34
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this c:2 day of Y/1 cr./'LC'/z _ , in the year
2004, before me, a Notary Public, personally appeared CLA YTON RECORD and SUSAN
T. RECORD, husband and vvi fe, knovvn or identi fled to me to be the persons \vho executed
the instrument and acknowledged to me that they ha v i ng execu ted the same.
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STATE OF IDAHO )
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County of Ad8 )
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On this I day of tl.rt.f/t , in the year 2004,
before me, a Notal-y Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the i nstrul11ent 0 f beha If 0 f sa i d
City, and acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 32 OF 34
EXHIBIT "A"
Legal Description Of Property
Charles L. Creech and Mal"y M. Creech
property located at 2310 E. Victory Road
A tract of land located in the Southeast ~ of the Southwest ~ of Section
10, Township 3 NOlih, Range 1 East, Boise Meridian, Ada County, Idaho, described as
follovvs:
Commencing at the Southwest corner of said Southeast ~ of the
Southwest Y4 (which is the Southwest corner of the 1/16 section and is set with a 5/8 [11ch
iron pin with an aluminum cap); thence
Easterly along the North side of Victory Road 640 feet to a set nail, which is the
REAL POINT OF BEGINNING and which shall be the Southwest corner of the tract
being described; thence
Easterly along the North side of Victory Road 540 feet to a point, which shall be
the Southeast corner of the tract being described; thence
N orthel'l y along a line perpcnd icul;.1r to the Southern boundary Ii nc dcsc ri bed
above (which is the North side of Victory Road) 484 feet to a point, which shall be the
Northeast corner of the tract being described; thence
Westerly along a line paraUel to the Southern boundary line (North side of Victory
Road) 540 feet to a point on the Westem boundary of the tract being described, which
point shall be the NOlihwest comer of the tract being described; thence
Southerly along said Westel11 boundary line, which boundary line is the Eastern
boundary of the neighboring parcel described in Instrument No. 7760809, records of Ada
County, Idaho, 484 feet to the set nail which is the REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
Clayton Record and Susan T. Record
pl"Operty located at 2384 E. Victory Road
Parcel A of Record of Survey No. 2921, recorded July 14, 1994 as Instrument No.
94066900, being a portion of the Southeast Quarter of the Southwest Quarter of Section
10. Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 33 OF 34
EXHIBIT "B"
FindinES of Fact and Conclusions of Law/Conditions of Approval
l.\Work\iV1\ivkridliln\Meridmn I 5360lvl\Soda Springs Sub AZ-03.023 1'1'.03-027 CUP-03-043\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 34 OF 34
1111
/
(
RECEIVED
FEB 0 4 2004
City Of Meridian
City Clerk Office
BEFORE THE MERIDIAN CITY COUNCIL
)
}
)
)
)
)
)
)
)
)
)
The above entitled annexation alld zoning application having come all !er public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 11 ACRES FOR
PROPOSED SODA SPRINGS
SUBDIVISION, LOCATED AT 2310
AND 2384 EAST VICTORY ROAD,
MERIDIAN, IDAHO
JLJ ENTERPRISES, tNC.,
APPLICANT
C/C 12/09103
CIC 01/06/04
Revised per CIG OI/27/04
Case No. AZ-03-023
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on December 9, 2003 and continued until January 6,2004, at the hour of 7:00 p.m., and Anna
Powell Planning Director'for the Planning and Zoning Department, Brad Watson of the Public
Works Depaltment, Fire Chief Kenny Bowers, Meridian Police Chief Bill Musser, Jane Suggs,
Lllcien Samaha, Kathy Thompson, Marvin Hansen, Jeffrey ClingIer, Louise Godby, Nancy
Hansen, Gene Buckland, Jim Jewett, Michelle Buckland, Norm Wright, Donald Ferguson, and
Bruce Mills, appeared and testified, and the City Council having duly considered the evidence
and the record inll1is matter therefore makes the [oHowing Findings otFact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
l
PAGE 1 OF 19
.1
.'
(
FINDINGS OF FACT
I. There has been compliance with all notice and hearing requirements set forth in
Idaho Code sf? 67~6509 and 67~6S11, and Meridian City Code SS 11-15-5 and 11-16-1.
2. The City Council takes judicial notice ofits zoning, Sllbdivision and development
ordinances codi fied at Titles I] 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~J82, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for mmexation and
zoning is described in the application, is approximately 11 acres in size l:md is located at 23] 0
and 2384 East Victory Road, Meridian, Idaho, all within the Area of Impact of the City of
Meridian and the Meridian Urban Service Plalmiq.g Area as defined in the Meridian
Comprehensi ve Plan.
4. The owners of record of the subject property are Charles Creech and Clayton
Record. Applicant is JLJ Enterprises.
5. The property is presently zoned RUT and consists of two single family homes.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
7. The subject property is bordered to the north by R-4, to the south by RUT, to the
east by RUT and R-4, and to the west by R-4.
8. The Applicant proposes to develop the subject property in the following maImer:
as a residential subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISrON AND ORDER GRANTIl\'G APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 2 OF 19
9. Tile Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generaj{z.ed Land Use Map which designates
the subject property as Medium Density Residential.
10. There are no significant or scenic features of major impOltance that affect the
. consideration of this application.
11, The City Council recognizes the concerns of Marviri and Nancy Hansen
expressed in their letter dated October 2,2003. The City Council also recognizes the Petition
dated: RECEIVED SEP 25 2003 City of Meridian City Clerk Office, and wl1ichhas been entered
into public record, by the homeowners ofSherbrooke Hollows Subdivision, and the objection to
the house sizes for Soda Springs in a letter from Andy C. Doll dated September 23,2003.
Additionally, the narrative from Steven K. Harding dated: RECEIVED DEe 02 2003 City of
Meridian City Clerk Office has also been entered into public record ill this matter.
12. Giving due consideration to the comments received from the
govenmlental subdivisions providing services in the City of Meridian planningjurisdiction,
public facilities and services required by the proposed development'wifl not impose expense
upon the pu~lic if the following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Plarming & 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 . Wells may be lIsed for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part ofthis annexation request.
B. Adopt the Recommendations ofthe Meridian Fire Department as folJo\.vs:
FiNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TlON
FOR ANNEXATION AND ZON:[l\l'G SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 3 OF 19
~
(.
The following will be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
L The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2. All roads shall have a tuming radius of28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of the project, \-\lllich
serves more than 50 homes. The emergency access road wi I] req uire either a 20' wide swing
gate or bollards, and ifbollards are used then the Meridian Fire Department willnecd to
approve oftbem. The location on Block 1 Lot t8 is approved.
4. Provide a fire-flow per the Intemational Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apart.
C. Adopt the Recommendations of Central District Health Department as follows:
I. Tbis 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 ldaho Department of Health & Welfare, Division of Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated tbrough a grassy swale prior to discharge to the subsurface to
prevent impact to groundwater and surface water quality. .
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for storm water disposal and desigll a slormwater
management system that prevents groundwater and surface water degradation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1: The applicant shall do one of the following:
a, Dedicate by donation a total of 35~ feet 0 fright -of-way from cent~rline along Victory Road,
and construct a minimum 5-foot wide concrete sidewalk along Vi.ctory Road, located a
mininnun of28-feet from the centerline of the right~of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRiNGS SUBDIVISION
(AZ-03-023)
PAGE 4 OF 19
(
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the
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 Victory 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 the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east ofthe west property line.
3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of
right-of-way.
4. Construct Conda Avenue and McPherson Street as 29-foot street section with curb, gutter
and 4-foot detacbed sidewalks that are separated by a 5-foot planter strip within 42-feet of
right-of-way.
5. Construct Hudspeth A venue as one-half of a 29-foot street section \\lith curb, gutler and
5-foot concrete sidewalk on the west side ofthe roadway and a 3-foot gravel sho~tlder on
the east side of the roadway with a minimum of24-feet of pavement within a minimum
o05-feet ofright~of-waYJ as proposed.
6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tlgel1
Street and McPherson between Conda Avenue and Gunnell Avenue AND between
Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a bade-of-curb
radius of IS-feet at all intersections and pave the alleys their entire width of 16-fee1. Any
driveways that are proposed to access an alley shall be located a minimum of25-feet from
the nearest public street and the minimum clear distance from the back of any parking
stall to the opposite side ofthe alley shall be 22-fee1.
7. Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
8. Construct Hudspeth Avenlle on the east prOpet1y line to serve as a quasi stub street for the
property that is located directly to the east, as proposed.
9.. Construct a temporary emergency access road that will intersect Vic10ry Road
approximately lO-feet west oftlle east property line and extend to the north to intersect
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 5 OF 19
(
Tigert Street, as proposed. Install traffic boIlards within the emergency access to
minimize the connection.
10. Other than the access points that have specifically been approved with this application,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
11. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
. t. Any existing irrigation facilities shall be relocated outside of the flght-of-way.
2. AIl utility relocation costs associated with improving street fi'ontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the constmction ofthe proposed development. COIltaf,:t Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than .five years old are not allowed unless approved in
writing by the Distlict. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. All
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shaH submit revised plans for staff approval, prior to issuance ofbuilding
pem1it (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road imp~ct fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the right-or-
way. 'The applicant at no cost to ACHD shall repair existing utilities damaged by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTlNG APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023 )
. PAGE 6 OF 19
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at [east two
full business days prior to breaking ground within ACHD right-of-I-'v'ay. The applicant
shall contact ACHD Traffic Operations 387~6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confimlation of any change from the Ada County Highway
District.
Il. Any change by the applicant in the planned llse of the property which is the subject of this
application, shall require the applicant to comply with all mles, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
ofthe subject property unless a waiverivariance of said requirements or other legal reI ief
is granted pursuant to the law in effect at the time the change in use is sOLLght.
E. Adopt the ~ecommendations of the Nampa & Meridian Irrigation District as follows:
1. A Land Use Change Application is required by the District before comment or approval can
be made on the CUP, and the Application must also be rev1ewed on the PP prior to Jinal
platting.
2. All laterals and waste ways must be protected. All municipaL surface drainage mLlst be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans.
3. The developer must comply with Idaho Code 31-3805.
F. Adopt the action ofllie City Council taken at their January 6, 2004 meeting as follows:
For clarification:
1. The Applicant shall increase the entry street width to 36', By increasing the street to this
width it will help to create more parking. Also, the front yard setbacks shall be reduced to
11' instead of 15' to additionally accommodate the 36' street width. (ACHD reviewed tile
proposed street layout and found that a network of one~way streets \vou]d not be beneficial to
the circulation or safety in the proposed subdivision. ACHD 15 allowing the Appl1cant to
construct a 36' street section, with parking allowed on both sides, within it 50' right-of-way.
(Per ACHD's letter dated January 5,2004.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 7 OF 19
2. The Applicant shall revise the street layout on the east side ofthe subdivision to include a
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall constmct cedar fencing behind the 6,500 square foot lots. .
4. Applicant shall only be allowed one story homes to be built on the lots that back up to tbe
one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, bllt
no windows shaH face into the Sherbrooke Hollows homes.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two stOI)' homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten
Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shatl be diverted to tbe
future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
13. It is found that the requested zoning designations, R-8, is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map. which designates
the land to be "Medium Density Residential".
14. The area has been designated as a Medium Density Residential area in Meridian's
Comprehensive Plan and is surrounded to the north, east, and west by residential subdivisions. The
Comprehensive Plan designation in combination with the neighboring residential subdivisions make
the proposed zoning of the property compatible with surrounding [and uses and the City of
Meridian's plan for the development of the area.
15. It is found that the proposed uses are compatible with the existing and intended
~haracter of the area. The Comprehensive Plan designates the area as Medium Density Residential;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
fOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 8 OF 19
the residential subdivision and R-8 zoning designation are compatible with rhe Comprehensi ve Plan
designation. It is found that the proposed uses can be designed and constructed in a nlatUler that wi II
be hannonious with and appropriate in appearance with the existing and intended characrer oftl1e
sLUTounrung area.
16. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors.
17. It is found that the subject property can be served adequately by all essential public
facilities and services. Sewer and water lines will need to be exten:ded by. the developer frolllll1ains
in Victory and Locust Grove Roads. All other public services and facilities appear to be adequate to
serve this property such as highways, streets, police and fire protection, drainage structures. refuse
disposal. .
18. It is found that sanitary sewer and water mains service is readily available from
existing mains adjacent to the subject site. All other public services and facilities noted in Finding
Number 17 above appear to be adequate to service this property.
19, It is found that the proposed uses will create additional traffic, especially on Victory
Road. However, it is not believed that the increase in traffic will be excessive. It is not anticipated
that the proposed development will generate traffic, noise, smoke, odors or other nuisances that
would be detrimental to the general welfare of the surrounding area.
20. It is found that the proposed vehicular approaches o. n Victory Road should not
appreciably interfere with traffic on the surrounding streets. The Ada County Highway Disrrict has
recommended that access to the subdivision off of Victory Road be moved to Gunnell A venue from
FINDiNGS Of FACT AND CONCLUSIONS OF LAW
ANTI DECISION AND ORDER GRANTmG APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDMSION
(AZ-03-023)
PAGE 9 OF 19
Conda Avenue. The proposed access off ofCondaAvenue is closer than 300' to an existing access
road off of Victory found in the Sherbrooke Hollows Subdivision.
2]. It is fOllnd that no natural or scenic features of major impOliance will be lost or
damaged by approval of this annexation request. The subject property currently has two single
family dwellings and several outbuildings.
22. It is found that that annexation of this property would be in the best interest of the
City by providing a variety of housing types, and an innovative subdivision layout.
23. It is fOWld that if the developer pays for the requested impmvements and complies
""jth the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic
welfare of the Ci ty and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
24. It is also found lhat the development considerations as referellced in Finding No.
] 2 are reasonable to require and mllst be taken into account, in order to assure the proposed
development is designed, constructed, operated ane! maintained in a manner which is harmoniotls
. and appropriate in appearance with the existing, or intended character ofthe general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or dishfrbing to tbe 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
F(NOP.'JGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRrNGS SUBOlVlSION
(AZ-03-023)
PAGE 10 OF 19
a.n.nexation 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 9 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Plalming Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VI, Goal ill, Objective A, Action 3
Chapter VII, Goal V, Objective A, Action 4.
5. The zoning of (R-8) Medil,.lm Density Residential is defined in the Zoning Ordinance
at ~ 11-7.2 0 as follows:
(R~8) Medium Densitv Residential District: The purpose ofthe R.8 District is to pennit
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 h~s or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed LO
pem1it 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.
6. Since the annexation and zoning of land is a legislative function, the City has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SODA SPRINGS SUBDIVISION
(1\2-03-023)
PAGE 11 OF 19
authority to place conditions upon the annexation efland. See Burt vs. The City ofIdahe Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but 110t limited to: Section 11-2-4 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.
8. Pursuant to Section L 1-16-4 A of the Zoning and Deve]opment Ordinance the owner
and/or developer shall enter into a Development Agreement) if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LA W~ the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately II 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 11 acres. The legal description shalJ
be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho. and shall conform to all
the provisions of the City of Meridian Resolution No. 158. Th.e legal description for annexation
must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditiollS set forth and in the event the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLlCA nON
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDlVrSlON
(AZ-03-023)
PAGE 12 OF 19
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 [0]]0\V8:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part oftrus annexation request.
B. Adopt the Recommendations of the Meridian Pire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
1. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2. All roads shall have a turning radius of28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of the project, which
serves more than 50 homes. The emergency access road will require either a 20' wide swing
gate or bollards, and if bollards are used then the Meridian Fire Department will need to
approve of them. The location on Block 1 Lot 18 is approved.
4. Provide a fire~flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apart.
C. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved [or 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-ofEis not to create a mosquito breeding problem.
4. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISfON AND ORDER GRANTING APPLlCA nON
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 13 OF 19
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtalTl
current best management practices for stom1water disposal and design a storm water
management system that prevents groundwater and surface water degradatiol1.
D. Adopt the Recommendations ofthe Ada County Highway District as follows:
Site Specific Conditions of Approval
1. The applicant shall do one ofthe following:
a. Dedicate by donation a total of35~feet ofright-of-way from centerline along Victory Road,
and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a
minimum of28-feet from the centerline ofthe right~of-way. .
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide C011crete
sidewalk along Victory Road, located a minimum of28-feet from the centerline oftbe
right-of-way, in an easement provided to the District.
c. Do not dedicate additional righl-of~way, but construct a minimum 5-foot wide concrelc
sidewalk along Victory 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 the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east ofthe west property line.
3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of
right-of-way.
4. Construct Conda Avenue and McPherson Street as 29-foot st'reet section w.ith curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of
right-of-way.
5. Construct Hudspeth Avenue as one-halfofa 29-foot street section with curb, gutter and
5-foot concrete sidewalk on the west side ofthe roadway and a 3-foot gravel shoulder on
rhe east side of the roadway with a minimum of 24-feet of pavement within a minimum
of3S-feet of right-of.way, as proposed.
6. Construct two 16-foot wide alleys within the subdivision Located perpendicular to Tigert
FrNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03~02J)
PAGE 14 OF 19
Street and McPherson between Conda Avenue and Gunnell A venue AND between
GUlUlelI Avenue and Hudspeth Avenue. Construct the alleys to have a back-of.curb
radius of IS-feet at all intersections and pave the alleys their entire width of 16-feet. Any
driveways that are proposed to access an alley shall be located a minimum of25-feet from
the nearest public street and the minimum clear distance from the back of any parking
stall to the opposite side of the alley shall be 22-feet.
7. Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda A venue, as proposed.
8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for tIle
property that is located directly to the east, as proposed. .
9. Construct a temporary emergency access road that will intersect Vlctory Road
approximately lO-feet west ofthe east property line and extend to the north to intersect
Tigert Street, as proposed. Install traffic boJlards within the emergency access to
minimize the connection.
10. Other than the access points that have specifically been approved with this applicatioll,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
] I. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be home by the developer.
3. Replace any existing damaged curb, gutter and sidewall< and any that may be damaged
during the construction of the proposed development Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility CoordiI].ator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(/\2-03-023)
P AG E I 5 OF 19
engineer registered in the State of Idaho shall prepare and ceni fy all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance ofbLlilding
permit (or other required pennits), which incorporates any required design changes.
. 7. Construction, use and property development shall be in conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342~1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387.6190 in the event any ACHD conduits (spare::
or fi lieu) are compromised during any phase of construction.
10. No change in the tenns and conditions of this approval shaH be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confinnation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the'property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned llse
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 changdn use is sought.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
I. A Land Use Change Application is required by the District before comment or approval can
be made on the CUP, and the Application must also be reviewed on the PP prior to final
platting.
2. All laterals and waste ways roLlst be protected. All municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans.
.FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDMSION
(AZ-03-023)
PAGE 16 OF 19
3. The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their January 6,2004 meeting as follows:
For clarification:
1. The Applicant shall increase the entry street width to 36'. By increasing the street to this
width it will help to create more parking. Also, the front yard setbacks shall be reduced to
ll' instead of 15' to additionally accommodate the 36' street width. (ACHD reviewed lhe
proposed street layout and found that a network of one~way streets would not be beneficial to
the circulation or safety in the proposed sllbdivision. ACHD is allowing the Applicant to
construct a 36' street section, with parking allowed on both sides, within a 50' right-of-way.
(Per ACHD's letter dated January 5,2004.)
2. The Applicant shall revise the street layout on the east side of the subdivision to include (\
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up to the
one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but
no windows shall face into the Sherbrooke Hollows homes.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,3QO sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten
Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the
future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single familybullding lots.
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 of the
FrNDlNGS OF FACT AND CONCLUSiONS OF LAW
AND DEC[SION AND ORDER GRANTING APPUCA TION
fOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(A2-03-023)
PAGE 17 OF 19
application to (R-8) Medium Density Residential District, and Meridian City Code ~ I] -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
the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance
wi th the provisions of the 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 fmal 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 afthis decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idabo
Code.
By action of the City Council at its regular meeting held on the
1-11-
2 - day of
J~~-r
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED $^-"
F1NDlN"GS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLlCA nON
FOR ANNEXA nON AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 18 OF 19
COUNCILMAN BILL NARY
VOTED ~
VOTED ~
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED*
-
MA YOR TAMMY de WEERD (TIE BREAKER)
DATED: 1- J. 7-tJ4-
MOTION:
APPROVED:---'x"- DISAPPROVED:
VOTED
--
Attest:
BY:~k&,,().D.ted: 2- 9-01-
City Clerk
Fl.NDJNGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLfCATION
rOR ANNEXATION AND ZONING SODA SPRINGS SUBDlVlSION
(AZ-03.023)
PAGE 19 OF 19
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03112/04 11:19 AM
~~~~~bE~~WE~~~~~a~F l\\ IIIIIUlllllll\11I111lI1l1111 11111
Meridian 104027944
AMOUNT .00
5
CITY OF MERIDIAN
ORDINANCE NO. 04- 1& 6 f;
AN ORDINANCE FINDING THAT, JOHN L. KENNEDY, THE OWNER OF CERTAIN REAL
PROPERTY GENERALLY LOCATED APPROXIMA TEL Y ONE-HALF MILE NORTH OF USTICK
ROAD AND ONE-HALF MILE WEST OF MERIDIAN ROAD, WITHIN SECTION 36 OF
TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO, TO BE KNOWN AS BALDWIN
P ARK ADDITION SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE
CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE
MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID
LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM
DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING TI-IA T SAID LAND, BY PROPER
LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY
ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN,
IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED
COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA
COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223
AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
ANNEXA TION AND ZONING ORDINANCE (AZ-03-033) - 1
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the
City of Meridian, Idaho, and that the City of Meridiall has received a written request for annexation to
the City of Meridian, Idaho, by the owner of said Propeliy, to-wit:
LEGAL DESCRIPTION
FOR ADDITIONAL ANNEXATION FOR PROPOSED BALDWIN PARK
ADDITION SUBDIVISION
A parcel of land being the NE lit of the NE '14 ofthe SW '14 of Section 36, Township 4 North,
Range 1 West ofthe Boise Meridian, Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the northwest corner of Section 36, Township 4 North, Range 1 West, Boise
Meridian, thence S 00015' 17" W 2634.81 feet to the northwest corner of the SW 1;4; thence S
89009'04" E 2671.90 feet along the northerly boundary of said SW Y4 to the nOliheast corner of the
NE 1;4 of the NE 1;4 of the SW 1;4 of said Section 36, said corner being the REAL POINT OF
BEGINNING of this description;
Thence S 00028'15" W 664.49 feet to the southeast corner of the said NE 1;4 of the NE 1;4 of
the SW '14;
Thence N 89002'24" W 667.37 feet to the southwest corner of the said NE '14 of the NE '14 of
the SW 1;4;
Thence N 00025'03" E 663.20 feet to a point on the boundary of Baldwin Park Subdivision
No.3, said point also being the northwest corner of the NE '14 ofthe NE 1;4 ofthe SW 1;4;
Thence along the boundary of Baldwin Park Subdivision No.3, S 89009'04" E 667.98 feet to
the REAL POINT OF BEGINNING of this description, containing 10.17 acres more or less.
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real propeliy herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned Medium Density Residential District (R-8).
ANNEXATION AND ZONING ORDINANCE (AZ-03-033) - 2
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City
of Meridian in accordance with this ordinance.
SECTION 5: AU ordinances, resolutions, orders or parts thereofin conflict herewith are hereby
repealed, rescinded and annulled.
SECTION 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
SECTION 7 The Clerk of the City of Meridian shall, within ten (10) days following the days
following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman maImer plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to-
wit: the Recorder, Auditor, Treasurer and Assessor aIld shall also tile simultaneously a certified copy of
this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code S63-2215 and S50-223.
ANNEXATION AND ZONING ORDINANCE (AZ-03-033) - 3
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2p-!5- day of
fhttA-v!"" , 2004.
AJROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
. Cf/L,c;./v , 2004.
2/t.d-
...- -- day of
ATTEST:
STATE OF IDAHO,)
: ss.
County of Ada
On this c2. day of Marc h ,2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known
to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day
and year first above written.
Y PUBLIC FOR IDAHO
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ANNEXATION AND ZONING ORDINANCE (AZ-03-033) - 4
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26 25 C.P.&:F. No. 1021195J5
35 36 . - W. McMILLAN ROAD
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JOHN KENNEDY
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DALE E. COOPER
504363/5020
DALE E. AND KATHY A.
COOPER
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S4GEWOOO OEVELOPIJENT
CORPORATION
SHEET : 1 OF 1
ADDmONAL ANNEXATION FOR
BALDWIN PARK ADDITION
SUBDIVISION
A PARCEL OF LAND BEING THE NE 1/4 OF THE SW 1/4
OF SECTION 36, T. 4 N., R. 1 W.o 8.M.,
ADA COUNlY. IDAHO
REYJS10N : 13'(,
EXHIBIT
DWG OATE: DWG NO.
11/06/03 BEB 30806
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BRIGGS ENGINEERING, INC,
(~)
ENGINEERS PlANNERS SURVEYORS
1800 W. OVERlAND RIJ.IJ) · BOISE. IJ1I.H{J 83705 · (206)344-9700
These drawings. or any portion thereof, shall not be used
on any Project or e:<teosions of this Project e.cept by
written agreement from Briggs Engineering, Inc.
MAR 1 S 2004
City OfMeridi"U1
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAW
KEvIN E. DINIUS
JUUE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAY. III
T. GUY HALU\/.I ..
JILl, S. HOLINKA
JOHN R. KORMANIK'
WILLIAM A. MORROW
WILLIAM F. NICHOLS"
WHITE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRA."JKLIN RD., SUITE 200
NAMPA, IDAHO 83687-790 I
TEL (208) 466-9272
FAX (208) 4664405
CHRISTOPHER S. NYE
PIilLlP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE"*
* Also admitted ill CA
.. Also admitted in OR
'" Also admitted in W A
March 17, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
HA V ASU CREEK, LLC / COBRE BASIN SUBDIVISION NO.3 /
FINAL PLAT - (FP-04-013)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a calL
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian 15360M\Cobre Basin Sub No.3 FP-04-013\ClerkFPltr03 17 04.do::
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03/02/04
IN THE MATTER OF THE )
APPLICATION OF HA V ASU )
CREEK, LLC FOR APPROVAL OF )
74 SINGLE FAMILY RESIDENTIAL )
BUILDING LOTS AND 1 COMMON )
LOT ON 23.59 ACRES IN AN R-4 )
ZONE FOR COBRE BASIN )
SUBDIVISION NO.3)
(PRELIMINARY PLATTED AS )
HA V ASU CREEK SUBDIVISION), )
LOCATED APPROXIMATELY 1;.1 )
MILE WEST OF N. LOCUST )
GROVE ROAD AND 12 MILE )
SOUTH OF E. McMILLAN ROAD )
IN THE NE 1;.1 OF SECTION 31, )
T.4N., R.IE., MERIDIAN, IDAHO
CASE NO. FP-04-013
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code S 12-3-7 on March 2,2004, and the Council finding that the Administrative
Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, dated: Hearing Date: March 2,2004, to the Mayor and
Council, and that Anna Powell Planning Director for the Planning and Zoning Department, Brad
Watson of the Public Works Department, and Justin Martin, commented at the hearing, and the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-013)
Page 1 of 4
Council having considered the requirements of the preliminary plat the Council takes the
following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT OF COBRE BASIN SUBDIVISION NO.3, A
PORTION OF THE NE ~ OF SECTION 31, TAN., R.IE., 80M., MERIDIAN, ADA COUNTY,
IDAHO 2004, 31203-PLT.DWG 01/29/04 CSM, HANDWRITTEN DATE: 2/2/04, STAMPED
DATE: FEB 03 2004, SHEET 1 OF 3, HA V ASU CREEK, LLC - DEVELOPER, BRIGGS
ENGINEERING, INe. - CONSULTING ENGINEERS", Havasu Creek, LLC, Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III,
and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: March 2, 2004,
listing 22 SITE SPECIFIC CONDITIONS OF APPROVAL, a true and correct copy of which is
attached hereto marked Exhibit "A", and consisting of four pages, and by this reference
incorporated herein, and the Applicant's response letter dated March 1, 2004 to the Staff Report
is on file in the Clerk's office, and the additional requirements from the action of the Council
taken at their March 2,2004 meeting as follows, to-wit
1.1 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that storm water be
pretreated through a grassy swale prior to discharge to the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-0 13)
Page 2 of 4
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stonnwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
1.2 That the Applicant shall be required to add the additional note on
page 2 ofthe Plat with the following language:
Lots 19 - 23, Block 17 are subject to the terms of a Non-Build
Agreement, Instrument Number until City of Meridian
water service is made available to these lots.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY T AKINGS ANALYSIS
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-013)
Page 3 of 4
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 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 L hcL
day of
mCl-Y'c-h
,2004.
- 0J_
William G. Berg, Jr., C y Clerk % . (t>u." {~ D }
~ "1{) '-- <J I 1Si . ~."':;'
~ ~v ~_____.4 ."r{;~''', .:;.'"'
Copy served upon Applicant, the Phlfu;ij~'1rn;d'Zbnlng.Department, Public Works Department,
d C. A "'~'J. ..,\.'
an Ity ttomey. . !P:!Hi''''
By:
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-013)
Page 4 of 4
MAYOR
Tammy de Wecrd
.
~ P "'" CITY OF ~--'2_
"-/VLerldicrn
IDAHO
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CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
STAFF REPORT:
Hearing Date: March 2, 2004
To:
Mayor & City Council
Sonya Allen, Planner I (fit
Bruce Freckleton, Engineering Tech III ~
From:
Re:
Cobre Basin Subdivision No.3
(Preliminary Platted as Havasu Creek Subdivision)
· Request for Final Plat Approval of Cobre Basin Subdivision No.3, Consisting
of Seventy-four (74) Single-family Residential Building Lots and One (1)
Common Lot on 23.59 Acres in an R-4 Zone by Havasu Creek, LLC (File No.
FP-04-013).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
This is the third phase of Cobre Basin Subdivision located approximately ~ mile west of N.
Locust Grove Road and 12 mile south of E. McMillan Road in the NE ~ of Section 31, TAN.,
R.1E. This phase consists of 74 single-family residential building lots and 1 common
(landscape/drainage) lot on 23.59 acres of land. The gross density of Phase No. 3 is
approximately 3.14 dwelling units/acre. The net density is approximately 3.87 dwelling
units/acre.
The preliminary plat was approved under the name of Havasu Creek Subdivision. This final plat
substantially complies with the approved preliminary plat. The open space increased on Lot 19,
Block 13, decreasing the lot size of Lots 20 & 21. No building lots were lost due to this change.
The subdivision was approved as a Planned Development which allowed for reduced minimum
house sizes (1,200 s.f. min.), reduced lot sizes (6,561 s.f. min.), reduced frontages (60' min.),
and reduced building setbacks (front 20', non-front entry garage 15',5' side single story, 7' side
two-story) in the R-4 zone. The reduced setbacks that were requested at the time this
EXHffiIT "A" 1 OF 4
Mayor & City Council
Hearing Date: March 2, 2004
Page 2 of 4
subdivision was approved are now allowed under current city ordinance.
Staff recommends approval for Cobre Basin Subdivision No. 3 with the comments and
conditions stated in this report.
SITE SPECIFIC CONDITIONS OF APPROVAL
1. Applicant shall meet all terms of the approved Preliminary Plat (PP~02-0l9) and
Conditional Use Permit (CDP-02-028).
2. The pressurized irrigation system within this development is to be owned and
maintained by Settlers Irrigation District. The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water. If a creek or well source
is not available, a single-point connection to the culinary water system shall be required.
If a single-point connection is utilized, the 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.
3. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed,
and road base approved by the Ada County Highway District prior to applying for
building pem1its. All development improvements, including fencing, micro-paths,
irrigation, and landscaping shall be installed and approved prior to obtaining certificates
of occupancy. A letter of credit or cash surety in the amount of 110% will be required
for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Fencing shall be constructed in conformance with Meridian City Code 12-4-10.
5. The Landscape Plan dated 1-29-04, prepared by Harvest Design is approved as
submitted.
6. Applicant will be responsible to construct the sewer and water mains to and through this
proposed development, thereby making them available to adjacent properties.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
7. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
8. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all storms
EXHIDIT "A" 2 OF 4
Mayor & City Council
Hearing Date: March 2, 2004
Page 3 of4
up to and including a 100-year storm event. (All areas being counted toward the 10%
open space amenity shall be free of "wet ponds" or other such nuisances.)
9. Add distance dimensions across the north end of E.Tuweep Street at the subdivision
boundary.
10. The sum of the distances along the south boundary of the subdivision don't equal the
overall distance shown. Please make necessary corrections.
11. Remove the graphically depicted 5-foot wide easement across the west side of Lot 1,
Block IS.
12. Graphically depict 8-foot wide public utilities, drainage and irrigation easements along
the north side of Lot 2, Block 16, Lots 2&18, Block 15, and Lot 4, Block 17, and the east
side of Lot 18, Block 13, and Lot 19, Block 17. The extra width is required due to
pressurized irrigation mains.
13. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
14. 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.
15. One-Hundred watt (100w), high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed
at subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
16. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
17. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
18. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
19. Provide sidewalks in accordance with MCC 12-13-10-8.
EXHffiIT "A" 3 OF 4
Mayor & City Council
Hearing Date: March 2, 2004
Page 4 of 4
20. Please add or revise the following plat notes:
(11.) Delete note. Standard fencing requirement.
(14.) Add note: "Building setbacks and dimensional standards in this subdivision shall
be in compliance with Title 11 and Title 12 of the Meridian City Code unless
otherwise modified by Conditional Use Permit (CUP-02-028) which allowed for
reduced setbacks. lot sizes. lot frontages, and minimum house size."
21. Correct spelling of "special" on Lots 1-8, Block 17.
22. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary
plat or conditional use permit does not relieve Applicant of responsibility for
compliance.
RECOMMENDATION
Staff recommends approval of the final plat, with the above stated comments and conditions.
EXHIBIT "A" 4 OF 4
Request for Proposals
For Administrative Services
The City of Meridian is seeking assistance in administrating a project for the Idaho
Community Development Block Grant Program. Meridian will be submitting an
application for approximately $500,000 to provide infrastructure improvements for a
Business Expansion I Job Creation project.
The City of Meridian is soliciting proposals for services to assist the city in managing
federal funds for the completion of this project. The agreement will be on a lump sum,
fixed price or cost reimbursement not to exceed basis, with payment terms to be
negotiated with the selected offeror. Reimbursement for grant administration activities
will be contingent on the city receiving federal funds. Specific duties will include but not
be limited to:
1. Assisting with project development, financing applications and
other pertinent documents;
2. Preparing all written reports, checklists or legal notices required to ensure
compliance with federal and environmental requirements;
3. Establishing and maintaining all project files; preparing all written reports,
checklists, or legal notices required to assure compliance with the
applicable state and federal requirements;
4. Assisting the City with the selection of a project architect or engineer, in
conformance with applicable procurement requirements, including the
preparation of a request for proposals;
5. Conducting the Pre-Construction Conference and participating in
additional construction progress meetings;
6. Reviewing and approving all proposed project expenditures to ensure
their propriety and proper allocation to the project budget;
7. Serving as the City's designated Labor Standards Officer and assuring
compliance with all applicable labor standard requirements;
8. Assuring compliance with all applicable civil rights requirements, including
preparation of an equal employment opportunity plan and fair housing
resolution;
9. Attending City Council meetings to provide project status reports and
representing the project at any other public meetings deemed necessary;
10. Preparing all required performance reports and closeout documents and
assisting the City with determination of applicable audit requirements;
11. Assist the City in complying with all the requirements of Section 504 of the
Rehabilitation Act of 1973; and
12. Other administrative duties as required for successful project completion.
The services will not include the disbursement or accounting of funds distributed by the
City's financial officer, legal advice, fiscal audits, or assistance with activities not
related to the project.
Responses should include and respondents will be evaluated according to the following
criteria:
1. Experience of the consultant with various state and federal funding programs,
including but not limited to the Idaho Community Development Program (30%);
2. Services proposed (30%);
3. Qualifications of personnel proposed to be directly involved with the project and
time allotted (30%); and
4. Completeness of the proposal (10%).
The selection of finalists will be based on an evaluation of the written responses. The
award will be made to the most qualified offeror whose proposal is deemed most
advantageous to the City, all factors considered. The City will reserve the right to
interview the finalist. Unsuccessful offerors will be notified as soon as possible.
Questions and responses should be directed to:
Will Berg, City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, 10 83642
(208) 888-4433
All responses must be received no later than 3:00 pm on Friday, February 13, 2004.
Please state "Administrative Services Proposals" on the outside of the response
package.
This solicitation is being offered in accordance with OMB Circular A-102 and the Idaho
State statutes governing procurement of professional services. Accordingly, the City
reserves the right to negotiate an agreement based on fair and reasonable
compensation for the scope of work and services proposed, as well as the right to
reject any and all responses deemed unqualified, unsatisfactory or inappropriate.
Proposal Solicitation Summary
Applicable to:
Grant Administration Services
Business Expansion Project
Grantee: City of Meridian.. Idaho
Address: 33 E. Idaho Avenue
Contact Person: Will Berg. City Clerk
Phone: (208) 888-4433
Date Submitted: January 27. 2004
Brief project description or list of activities:
1. Assisting with project development, financing applications and other pertinent
documents;
2. Preparing all written reports, checklists or legal notices required to ensure compliance with federal
and environmental requirements;
3. Establishing and maintaining all project files; preparing all written reports, checklists, or legal
notices required to assure compliance with the applicable state and federal requirements;
4. Assisting the City with the selection of a project architect or engineer, in confonnance with
applicable procurement requirements, including the preparation of a request for proposals;
5. Conducting the Pre-Construction Conference and participating in additional construction progress
meetings;
6. Reviewing and approving all proposed. project expenditures to ensure their propriety and proper
allocation to the project budget;
7. Serving as the City's designated Labor Standards Officer and assuring compliance with all
applicable labor standard requirements;
8. Assuring compliance with all applicable civil rights requirements, including preparation of an
equal employment opportunity plan and fair housing resolution;
9. Attending City Council meetings to provide project status reports and representing the project at
any other public meetings deemed necessary;
10. Preparing all required perfonnance reports and closeout documents and assisting the City with
determination of applicable audit requirements;
1 L Assist the City in complying with all the requirements of Section 504 of the Rehabilitation Act of
. 1973; and
12. Other administrative duties as required for successful project completioa
Type of commodity or service for which bids will be solicited: Grant Administration Services
Proposal Due Date: 3:00 P.M. Friday February 13.2004
Please submit form on the same date to:
Idaho Department of Commerce
Division of Rural & Community
Development
700 West State Street
P.O. Box 83720
Boise, II) 83720-0093
Ph: (208) 334~2470
Fax: (208) 334-2631
February 26,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
March 2,2004
ITEM NO. 6.~
REQUEST Louisiana Pacific Business Expansion ICDB Grant / City Sponsorship
AGENCY COMMENTS
CITY CLERK: See attached
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:
{,v
f/v)rrrrr &
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
{'
** TX CONFIRMATION REPORT **
84
85
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89
18
11
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13
14
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17
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DATE TIME TO/FROM
83/81 11:42 3818168
83/81 11:43 PUBLIC WORKS
83/81 11:43 12884664485
83/81 11:44 8841159
83/81 11:45 2888848744
83/81 11:46 POLICE DEPT
83/81 11:48 8985581
83/81 11:48 LIBRARY
83/81 11:49 92883776449
83/81 11:51 2888886854
83/81 11:52 288 895 8398
83/81 11:53 128388848
83/81 11:54 288 387 6393
83/81 11:54 ADA CTY DEVELMT
83/81 11:56 8885852
83/81 11:57 CHERRY LANE
83/81 11:58 POST OFFICE
83/81 11:59 IDAHO ATHLETIC C
83/81 12:81 ID PRESS TRIBUNE
83/81 12:82 2888886781
83/81 12:12 288 388 6924
(
AS OF MAR 81 '84 12:12 PAGE. 81
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
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EC--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
88'33" 881
88'25" 881
88'25" 881
88'26" 801
88'24" 881
88'25" 881
88'24" 881
88'29" 881
88'24" 001
138'25" 881
88' 24" 881
08'28" 881
08'25" 081
88'25" 801
88'24" 881
88'42" 801
08'33" 881
88'25" 881
88'24" 801
80'24" 881
00'28" 881
CMDl:i
821
021
821
821
821
821
821
021
821
821
821
821
021
821
821
821
821
821
821
821
021
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
----------------------------~--------------------------------------------------------~------
\irosc: rO&t- ~( t'Llb\\C t~{)t'\tc..- "IU-' ,'-.) {J~ ~
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MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
ShauTI Wardle
William t. M. Nmy
Charks M. Kountree
Keith Bird
LEGAL. DEPARTMENT
(208) 466.9272 . PAX 4{i{i.4405
PARKS & RECREATION
("408) 888.:;579 . Fo.." 898-550 I
PUDUC WORK$
(208) 898.5500, FaA 887.(21)7
BUIWING DEPARTMENT
(208) gH7 -2211 . F~x 887.1297
PLA NNtNG & ZONING
(208) g84-5533 . F~)( 888.6S54
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, March 2, 2004 at 5:30 P.M. The Meridian City Council will be
discussing agenda items which are on the regular scheduled City Council meeting as
well as the following issues:
** TX CONFIRMATION REPORT **
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02
03
04
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06
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08
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DATE TIME TO/FROM
03/15 08:22 PUBLIC WORKS
03/15 08:22 12084564405
03/15 08:23 8841159
03/15 08:24 2088840744
03/15 08:25 POLICE DEPT
03/15 08:26 8985501
03/15 08:27 LIBRARY
03/15 08:28 92083776449
03/15 08:29 208 388 6924
03/15 08:30 2088886854
03/15 08:31 208 895 0390
03/15 08:32 128300040
03/15 08:33 208 387 6393
03/15 08:33 ADA CTY DEUELMT
03/15 08:35 8885052
03/15 08:36 CHERRY LANE
03/15 08:37 POST OFFICE
03/15 08:38 IDRHO ATHLETIC C
03/15 08:39 887 0816
03/15 08:40 ID PRESS TRIBUNE
03/15 08:41 2088886701
03/15 08:45 3810160
AS OF MAR 15 '04 08:46 PAGE. 01
MODE
EC--S
EC--S
EC--S
EC--S
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EC--S
EC--S
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EC--S
G3--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
00'23" 001
00'24" 001
00'23" 001
00'23" 001
00'23" 001
00'22" 001
00'27" 001
00'23" 001
00'25" 001
00'22" 001
00'23" 001
00'26" 001
00'23" 001
00'23" 001
00'22" 001
00' 40" 001
00'31" 001
00'23" 001
00'40" 001
00' 22" 001
00'23" 001
00'31" 001
CMDt:I
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STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
---------------------------------------------------~----------------------------------------
MAYOR
Tummy de Weerd
p\rD.se YC6.+-t6r' -tUbl U':..J
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~ IDAHO f
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CITY COUNCIL. MEMBERS
Shaun Wardle
William I... M. Nat.y
Charles M. Rountree
Keith .Bird
~..
NOTICE OF PUBLIC AWARENESS
MERIDIAN CITY COUNCIL
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466.4405
PARKS &. RECREATION
(20S) llSR-::!S7? . POl:<- 898-550 I
l?U~L1C WORKS
(20S) 898.5500 . FJX 887-1297
BUILDING OEP.A.RTMF.NT
(208) 857.221 J . F:zx HH7-12i)7
PLANNING &. ZONINQ
(208) 884-5533 . Fax H&t{-6S.S,[
NOTICE OF AWARENESS IS HEREBY GIVEN that members of the City
Council of the City of Meridian will be attending the open house of the
Emergency Operation Center at ACCEM, at 7200 Barrister Drive. Boise. Idaho
MAYOR
Tammy de Weerd
\ifO-SL.(VO&t- -kJ( ltLbl\C NOt1~C.- '?OJ\JLS q~
\:_- - ,;k ~~~'~,~-1 "
',"'i':~"'w.c'~_'c ,7'-</ . LEGAL DEPARTMENT
~ '" 'C" " "1~.~
;;}'. 0 ~ ". ,,' 'I': (208) 466-9272 . FAX 466-4405
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~ P /" CITY OF [~:[~~. il ~
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: 1903
PARKS & RECREATION
(208) 888-3579 . Fax 898-550[
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M, Nary
Charles M. Rountree
Keith Bird
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-[297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
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, March 2, 2004 at 5:30 P.M. The Meridian City Council will be
discussing agenda items which are on the regular scheduled City Council meeting as
well as the following issues:
Short Term Reporting Services Standard Life Insurance
Proposal for Employee Compensation
Executive Session per Idaho State Code 67-2345(1)(b)
2003 Follow-Up results to the Development Services Assessment of 2002 by
Dawneen Blakeslee
The public is welcome to attend the meeting.
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DA TED this 28 day of February, 2004. ....0 C~I cPO~" '0.; '<-
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WILLIAM G. BERG, JR. - CI ~ \<"'9(.; [] ff
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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
MAYOR
Tammy de Weerd
.,
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~~. r UTY OF 1,'i~H - ... !,~".
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". IDAHO l
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. ,1003
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) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
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
TuesdaYJ March 2J 2004 at 5:30 P.M. The Meridian City Council will be
discussing agenda items which are on the regular scheduled City Council meeting as
well as the following issues:
Short Term Reporting Services Standard Ufe Insurance
Executive Session per Idaho State Code 67-2345(1)(b)
2003 Follow-Up results to the Development Services Assessment of 2002 by
Dawneen Blakeslee
The public is welcome to attend the meeting.
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DA TED this 27th day of February, 2004. f ~cp' ?'~ %
'Ie /, , L. /? M SEAL ~
-=::/r~-- ,4Y/ ;)4-Jr I iiC.: (') ~
WILLIAM G. BERG, JR. - CITY q..E~X&q':J "cS' .0 f
--;:. >.() ~r 18\ ' '("':::
'/. Al ~ .r:~' ,....~
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.... 11'"
33 EAST IDAHO AVENUE. IvIERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Oftice Fax (208) 888-42]8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
** TX CONFIRMf;.'10N REPORT **
AS OF MAR 02 '04 12:01 PAGE.01
CITY OF MER1D1AN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
03 03/02 12:00 IDAHO STATESMAN EC--S 00'58" 003 045 OK ________
--------------------------------------------------~---------------------------------
~~ Qf&-t {-of ~0b\ivrJOtiLV-1ntJ\^t-:s'.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 2, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Shaun Wardle _ 8111 Nary
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Gordon Slyter Pastor at Treasure Valley
Worship Center:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve minutes of February 10, 2004 Pre-Council Meeting:
B. Approve minutes of February 17, 2004 City Council Regular
Meeting:
G. Findings of Fact and Conclusions of Law for Approval: RZ 03-
012 Request for a Rezone of .85 acre from R-15 to O~T for
proposed Strickland Subdivision by Roy Strickland - 1225 Main
Street:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-006 Request for Preliminary Final Plat approval of 2 building
lots on .85 acre in a proposed O-T zone for proposed Strickland
Subdivision by Roy Strickland - 1225 Main Street:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-063 Request for a Conditional Use Permit to allow a medical
office building in a proposed 0- T zone for proposed Stricklanc::!
Subdivision by Roy Strickland - 1225 Main Street:
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-064 Request for a Conditional Use Permit for a Planned
M",",<Iii'" City Council "'sond> Mnrch 2. 20tH pag. 1 pf)
All nl3ceri31s prco;.mrd at public mcclinB"< <h311 b~mt' pmpcny of rhe City of Meridj~.
Anyo"e dcsirfo& 3c.umrtlod:lliou for (I~bili1i"" rel31~d to document.< 3ndlor hcnring
pl~c <om,ct the City CI.rlc's Omce .t 888-4433 D\ 1~;JSt 48 h~urs prior 10 the public meeting.
~~.... ~ Q~t tn, ~0b\;c) loti(U-1'nM~'.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 2, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Gordon Slyter Pastor at Treasure Valley
Worship Center:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve minutes of February 10, 2004 Pre-Council Meeting:
B. Approve minutes of February 17, 2004 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: RZ 03-
012 Request for a Rezone of .85 acre from R-15 to O-T for
proposed Strickland Subdivision by Roy Strickland - 1225 Main
Street:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-006 Request for Preliminary Final Plat approval of 2 building
lots on .85 acre in a proposed 0- T zone for proposed Strickland
Subdivision by Roy Strickland - 1225 Main Street:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-063 Request for a Conditional Use Permit to allow a medical
office building in a proposed O-T zone for proposed Strickland
Subdivision by Roy Strickland - 1225 Main Street:
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-064 Request for a Conditional Use Permit for a Planned
Meridian City Council Agenda - March 2, 2004 Page I on
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or bearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Development for two buildings on one lot in a L-Q zone for Capital
Christian Center by Capital Christian Church - 2760 East Fairview
Avenue:
G. Short Term Reportin~ Services Standard Life Insurance -
Janice Smith:
H. Louisiana Pacific Business Expansion ICDB Grant I City
Sponsorship:
I. Approve Bills:
6. Department Reports:
A. Mayor's Office
1. City Hall Site Selection Process:
2. Parks and Recreation Commission Appointment:
7. (Items Moved from Consent Agenda)
8. Tabled from February 24, 2004: FP 04-008 Request for Final Plat
approval of 56 single-family residential building lots and 2 common lots on
17.8 acres in an R-4 PD zone for Lochsa Falls Subdivision No.9 by
lochsa Falls, LlC - west of North Linder Road and south of West
Chinden Road:
9. Tabled from February 24, 2004: FP 04~007 Request for Final Plat
approval of 26 single-family residential building lots and 1 common lot on
11.96 acres in an R-4 PD zone for Lochsa Falls Subdivision No. 10 by
Lochsa Falls, LlC - west of North Linder Road and south of West
Chinden Road:
10. FP 04-013 Request for Final Plat approval of 74 single-family residential
building lots and 1 common lot on 23.59 acres in an R-4 zone for Cobre
Basin Subdivision No.3 by Havasu Creek, LLC - west of North Locust
Grove road and south of East McMillan Road:
11. Continued Public Hearing from February 24, 2004: Idaho Community
Development Block Grant - Meridian Senior Citizen Center:
12. Public Hearing: AZ 03-021 Request for reconsideration for annexation
and zoning of 114.52 acres from RUT to R-8 (PD) and C-G zones for
proposed Redfeather Estates Subdivision No.2 by Packard Estates
Meridian City Council Agenda - March 2, 2004 Page 2 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Development, LLC - south of East Ustick Road and east of North Eagle
Road:
13. Public Hearing: PP 03-024 Request for reconsideration for revised
Preliminary Plat approval of 302 building lots and 28 other lots on 90.29
acres in a proposed R-8 (PO) zone for proposed Redfeather Estates
Subdivision No.2 by Packard Estates Development, LLC - south of East
Ustick Road and east of North Eagle Road:
14. Public Hearing: CUP 03-041 Request for reconsideration for revised
Conditional Use Permit for a Planned Development for single-family
residential use with reduced setbacks, lot sizes, lot frontages, house sizes
and increased block lengths for proposed Redfeather Estates
Subdivision No.2 by Packard Estates Development, LLC - south of East
Ustick Road and east of North Eagle Road:
15. Public Hearing: PP 03-043 Request for Preliminary Plat approval for 11
commercial building lots 1 common lot on 15.8 acres in a C-G zone for
Sparrowhawk Subdivision by David Waldron - northeast corner of North
Nola Road and East Franklin Road:
16. Public Hearing: CUP 03-066 Request for a Conditional Use Permit for a
modification to the existing Conditional Use Permit (Planned
Development) for Sparrowhawk Subdivision by David Waldron -
northeast corner of North Nola Road and East Franklin Road:
17. Public Hearing: CUP 03-068 Request for a Conditional Use Permit for
professional office and retail use in a C-G zone as required by the Final
Plat for Mallane Professional Offices by Thomas R. Williams - south of
North Hickory Way and north of East Fairvjew Avenue:
18. Ordinance No. AZ 03-033 Request for
annexation and zoning of 10.05 acres from RUT to R-8 zones for
proposed Baldwin Park Addition by Capital Development - north of
West Ustick Road and east of North Linder Road:
19. Water, Sewer, & Trash Delinquencies:
20. Executive Session:
Meridian City Council Agenda - March 2, 2004 Page 3 of 3
All materials presented at pubJ ic meetings shall become property of the City 0 f Meridian.
Anyone desiring accommodation for disabilities related to documents and/or bearing
please contact the City Clerk's Office at 888-4433 at least 48 bours prior to the public meeting.
(
>1<>1< TX ,RMATlON REPORT *>1< AS OF MRR 03 '04 \ou.24 PRGE.01
CITY OF MERIDIAN
MTE TIME TO/FROM MODE M!WSEC PGS CMDIl STATUS
06 03/02 23:44 3810160 EC--S 02'0S" 004 051 OK
07 a3/02 23:47 PUBLIC WORKS EC--S 01'16" 004 051 OK
00 a3/02 23:48 12084664405 EC--S I?Jl'17" 004 051 OK
109 03/102 23:50 8841159 EC--S 01' 17" 004 051 OK
113 03/02 23=52 2088840744 EC--S 01'16" 1304 1051 OK
11 a3/02 23:54 POLICE DEPT EC--S 01'16" 004 051 OK
12 03/02 23:56 8985501 EC--S 01'15" 1304 051 OK
13 03/02 23:57 LIBRARY EC--S 131'41" 13134 1351 OK
14 03/03 00:00 92083776449 EC-S 131'16" 004 051 OK
15 133/03 00: 01 208 388 6924 EC--S 01'39" 004 051 OK
16 03/03 00:04 2088886854 EC-S 01' 16" 004 051 OK
17 03/03 00:05 208 895 0390 EC-S 01'16" 004 051 OK
16 03/03 130: 137 208 367 6393 EC--S 01'16" 004 051 OK
19 03/03 00: 139 ADA CTY DEVELMT EC-S 01'17" 004 051 OK
20 03/13300:11 8885052 EC--S 01'16" 004 051 OK
21 03/13300:13 CHERRY LANE G3--S 02'33" 004 051 OK
22 03/0300:16 POST OFFICE EC--S 132'14" 004 051 OK
23 03/03 00: 19 IDAHO ATHLETIC C EC--S 01' IS" 004 051 OK
24 03/03 00:20 ID PRESS TR1BUNE EC--S 01'17" 004 051 OK
25 03/03 00:22 2388886701 EC--S 01'16" 004 051 OK
--------------------------------------------------------------------------------------------
CITY OF lVIERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 2, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
1- ShaufI Wardle )( Bill Nary
=-x.= Charlie Rountree -X- Keith Bird
---K- Mayor Tammy de Weerd
2.
Pledge of Allegiance:
I?d"l k,...;t '[J.pcf' 17
3. Community Invocation by Gordon Slyter Pastor at Treasure Valley
Worship Center: j'h'".R.P--t/!d..
4. Adoption of the Agenda: trl.ff'-O"-<:' af a.....e-n.dG.,,{..
5. Consent Agenda:
A. Approve minutes of February 10. 2004 Pre-Council Meeling: ~v-<-
B. Approve minutes of February 17, 2004 City Council Regular
Meeting: ~I"L
C. Findings of Fact and Conclusions of Law for Approval: RZ 03-
012 Request for a Rezone of .85 acre from R-15 to O-T for
proposed Strickland Subdivision by Roy Strickland - 1225 Main
Street: t:VfYt"oV'<..
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-006 Request for Preliminary Final Plat approval of 2 building
lots on .85 acre in a proposed O-T zone for proposed Strickland
Subdivision by Roy Strickland -1225 MaIn Street: "7'r-"'-<-'
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-063 Request for a Conditional Use Permit to allow a medical
office building in a proposed O. T zone for proposed Strickland
Subdivision by Roy Strickland - 1225 Main Street: ~v-<-
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-064 Request for a Conditional Use Permit for a Planned
M<rld;OIl City Coun.,;' Asend<>- M"",o 2, 20ll-l Pdg< I oD
AU ml"l"~I:'ci* pm;-nltd 3t,publi&.: mt:Cti~.5lJ;U boC'r;:omc pro~n:r oftbc CityufMc:riJiAn.
An)'Qa.I:. dC$-\ril\C- :-..;.commod~lion for dinb;'ijries n:.l$lOO- to do)t:u:Q"lI;Tl~ .1nd/OI" ~ri"e
pt~e.::onuCI mot City Cretk's Offil:t a\. 6-5$-4413 .ll.lle;ut 4:1 boun- priOri!) Ih~Jlublie tnIXting.
** TX CONFIRMATION REPORT **
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
DATE TIME TO/FROM
02/27 15:45 3810160
02/27 15: 47 PUBLIC WORKS
02/27 15:48 12084664405
02/27 15:50 8841159
02/27 15:51 2088840744
02/27 15:53 POLICE DEPT
02/27 15:54 8985501
02/27 15:56 LIBRARY
02/27 15:57 92083776449
02/27 15:59 208 388 6924
02/27 16:01 2088886854
02/27 16:02 ALL AMERICAN INS
02/27 16:04 208 895 0390
02/27 16:05 128300040
02/27 16:07 208 387 6393
02/27 16:09 ADA CTY DEUELMT
02/27 16:10 8885052
02/27 16:12 CHERRY LANE
02/27 16:14 POST OFFICE
02/27 16:17 IDAHO ATHLETIC C
02/27 16:18 887 0816
02/27 16:21 ID PRESS TRIBUNE
02/27 16:22 2088886701
AS OF FEB 27 '04 16:23 PAGE. 01
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
G3--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
G3--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
01'37" 003
00'59" 003
00' 59" 003
00'59" 003
00'57" 003
00'58" 003
00'58" 003
01' 15" 003
00'58" 003
01'14" 003
00' 58" 003
00'58" 003
00'58" 003
01' 15" 003
00'58" 003
00'59" 003
00'58" 003
01'55" 003
01'38" 003
00' 58" 003
01' 55" 003
00'58" 003
00' 57" 003
CMDl:t
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
254
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
--------------------~------------------------------------~---~-------~----------------------
~~ Q'C&t for ~0b\i v rJotiw-/V1tA~~~ \
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, March 2, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Gordon Slyter Pastor at Treasure Valley
'Norship Center:
4. Adoption of the Agenda: