HomeMy WebLinkAbout2001 07-31
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
- AGENDA
Tuesday, July 3,2001 at 6:30 p.m.
City Council Chambers
ROIl-ca'rndance: ,
Tammy de Weerd ~ Ron Anderson
Cherie McCandless ~ Keith Bird
~ Mayor Robert Corrie
2. Adoption of the Agenda: ~oV'.e-
1.
3. Consent Agenda:
A.
B.
Findings of Fact and Conclusions of law for Approval: CUP
01-013 Request for a Conditional Use Permit for the manufacturing
of inflatable boats in an I-L zone for Elliott Business Park by
H2NR, LLC - east of Locust Grove and south of East Wilson Lane:
~v<-
Findings of Fact and Conclusions of law for Approval: CUP
01-010 Request for a Conditional Use Permit for a free-standing
coffee hut with a drive-thru in a proposed C-G zone for proposed
Moxie Java by TJBJ, Inc. -1975. East Fairview: I
/Yt-o rre -fo I 'k-...- 5- B rl2 - h () h c..e.. A.p w PIA-
Findings of Fact and Conclusions of law for Denial: AZ 00-
023 Request for annexation and zoning of 156.21 acres from RT to
R-4 for proposed Tuscany lakes Subdivision by Gem Park II
Partnership - south of Victory Road and west of Eagle Road:
Cipprov.e..-
Findings of Fact and Conclusions of law for Denial: PP 00-
024 Request for Preliminary Plat approval of 353 building lots and
39 other lots on 156.21 acres in a proposed R-4 zone for proposed
Tuscany lakes Subdivision by Gem Park II Partnership - south
of Victory Road and west of Eagle Road:
t1:jJprClV..e.-
Findings of Fact and Conclusions of law for Denial: CUP 00-
052 Request for a Conditional Use Permit to construct a planned
residential development in a proposed R-4 zone for proposed
Tuscany lakes Subdivision by Gem Park II Partnership - south
of Victory Road and west of Eagle Road:
at po v-...e..-
C.
D.
E.
Meridian City Council Agenda - June 19,200 I
Page I of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
6. Tabled from June 5,2001: FP 01-009 Request for Final Plat approval of
13 building lots and 3 other lots on 6.36 acres for Meridian Green - Unit
No. 4 by Fuller/Scott Investment Company and Glenco - east and west
sides of Southeast 5th Way south from Overland Road: tl/fJ"H'V'L--
7. Tabled from June 19, 2001: FP 01-007 Final Plat approval of 36
building lots and 2 other lots on 10.66 acres in an R-4 zone for Bear
Creek Subdivision No.2 by Briggs Engineering - east of Stoddard and
south of Overland Road: ~Ir&- ~ t 7--1?-o( J"...-h;-
8. Continued Public Hearing from June 27, 2001: VAR 01-007 Request
for a variance to exceed the maximum 1,000 foot block length for
proposed Macaile Meadows Subdivision by Hillview Land
Development, LLC - south of Fairview Avenue, north of Pine Street and %
mile west of Cloverdale Road: ~p~&-- v.b
ar~ fa ~?~E/P{c(-e;;'" w~frVv
9. Continued Public Hearing from June 27,2001: AZ 01-005 Request for
annexation and zoning of 28.59 acres from RUT to R-8 for proposed
Macaile Meadows Subdivision by Hillview Land Development, LLC -
south of Fairview and west of Cloverdale Roads: L' .
tZ~ fo ~pCVt.R- --/"1 j:' :( 0/ L rn- aj7)h0vn..-L
10. Continued Public Hearing from June 27,2001: PP 01-006 Request for
Preliminary Plat approval of 115 building lots and 15 other lots on 28.59
acres in a proposed R-8 zone for proposed Macaile Meadows
Subdivision by Hillview Land Development, LLC - south of Fairview and
west of Cloverdale Roads: ? ~ I /'. . ~
~:fi'oYl.-A-2-:J -Iv ~j/a.ve. h:{:. ff e '--( rrn- &--Jlfrvv,
11. Continued Public Hearing from March 6, 2001: RZ-00-005 Request for
Rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by
Stubblefield Development - southeast corner of Cherry Lane and Linder
Road: CtYrv--f/hu..e /J/~ fo /Jv~+ 21fp ""-"~
12. Continued Public Hearing from May 5, 2001: AZ 01-003 Request for
annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones
for proposed Bridgetower Crossing Subdivision by Primeland
Development Company for a planned development consisting of
residential, office and commercial uses generally located at 2420 Ustick
Road:t/CI'~ /;7 fY'Lj/~ -17[:'; c(..t -ht- ~fj?YOV~
13. Continued Public Hearing from June 19, 2001: PP 01-005 Request for
Preliminary Plat approval of 336 building lots and 58 other lots on 175.91
acres in proposed R-4 and C-G zones for proposed Bridgetower
Crossing Subdivision by Primeland Development, Co. LLP - north of
Ustick a.nd east of Ten Mile Roads: , / /"" .. ~
.(Cr-/1rvh..l:-~J h ~jJ~ .,L-{'f: .; c-/~e -j"1TL art' Y(?V-
Meridian City Council Agenda - June 19,200 I
Page 3 of4
All materials presented at public meetings shall become properly of the City of Meridian.
Anyone desiring acconunodation fur 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.
F. Findings of Fact and Conclusions of law for Approval: PP 01M
008 Request for Preliminary Plat approval of 1 building lot and 1
ACHD Par~ and Ride lot on 6.36 acres in a C-G zone for propqsed
Travelers Corner by Pinnacle Engineers, Inc - southeast of
Interstate 84 and Meridian Road:
ClfJpY'P v...e.-
G. Findings of Fact and Conclusions of law for Approval: VAR
01-006 Request for variance of the street length ending in a cul-de-
sac from the maximum length of 450 feet to an increased length of
495 feet for a proposed Park-and-Ride lot by W. H. Moore
Company - northeast corner of Overland and Meridian Roads:
ct I!P r & v..e...
H. Findings of Fact and Conclusions of Law for Approval: RZ 01-
004 Request for a rezone of 8.29 acres from L-Q to C-G for
Waltman Court Subdivision by John Goade - south of Troutner
Business Park, between Waltman Lane and Ten Mile Road:
affY/!) V.J<.-
I. Findings of Fact and Conclusions of law for Approval: PP 01-
007 Request for Preliminary Plat approval of 6 building lots and 1
other lot on 8.29 acres in a proposed C-G zone for proposed
Waltman Court Subdivision by John and Sandra Goade - south
of Troutner Business Park, between Waltman Lane and Ten Mile
Road: tbjo/J n; VJL.
J. Findings of Fact and Conclusions of law for Approval: RZ 01-
004 Request for a rezone from an R-B to L-O zone for Meridian
Water Department by Meridian Water Department - 2235
Northwest 8th Street:
4/~~
K. Findings of Fact and Conclusions of law for Approval: VAR
01-008 Request for variance for the reduction of two required
parking spaces for Moxie Java by TJBJ, Inc. -1975 East Fairview:
/'hA)friL ro i7-..e h- 5-1< ;-e - h-OT7r..JZ.- Il e w ;> / It.-
L. Approve minutes of June 19, 2001, City Council Meeting:
~VlR-
DepartmentReports \
tJw6l!,."'c... Wcn./u- u~t:
A. --Oil)' Engineer - Gary Smith:
1. Water Late Comers Agreement -Holiday Inn Express: tt F jJYl7 ~-R-
2. Sewer Late Comers Agreement - Holiday Inn Express: lflj7fJY&>Y.e.-
5. (Items Moved from Consent Agenda)
4.
Meridian City Council Agenda -June 19, 2001
Page 2 of4
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.
14.
15.
16.
17.
18.
19.
Continued Public Hearing from June 19, 2001: CUP 01-006 Request
for Conditional Use Permit for 692 single-family lots, 59 town homes, 17
office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-
G zones for proposed Bridgetower Crossing Subdivision by Primeiand
Development, Co. LLP - north of Ustick and east of Ten Mile Roads:
a~::I1o ~pttA.e ;:/;:</ C(.e
Public Hearing: PFP 01-001 Request for Preliminary plat approval of 4
building lots on 4.94 acres in a proposed I-L zone for proposed Seven
Gates Industrial Subdivision by Dakota Company - southwest corner of
Commercial and Machine Avenue, east of Nola Road: ...
r.e ~ ~ f7 2..e.... ~r h- e lA/ f1 a i;et t- M. tvL-1 Yt-j
Public Hearing: AZ 01~009 Request for annexation and zoning of 8.15
acres from RUT to R-4 zones for proposed Staten Park Subdivision by
D'Alessio Building Development generally located at the southeast corner
of North Black Cat Road and West Ustick Road:
t}o-n...-17hld!- pill- 1-0 7-/7- & I fivlJ
Public Hearing: Ppo01..012 Request for preliminary plat approval of 23
building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for
proposed Staten Park Subdivision by D'Alessio Building Development
generally located at 46254 Ustick Road, corner of Black Cat and Ustick
RoadSt~-fIh-~ fJ IlL- 1-0 7-/7-tJ( hztJ
Public Hearing: CUP 01-018 Request for the continuation of a three-
year CUP granted in January 1997 for modular buildings in an L-Q zone
for the Meridian Assembly of God by Meridian Assembly of God - 1830
North Linder Road: /1_
af-~'1 ~fMLPa....e -11.;: f c-U /fll- tVjJPYI?vd
CUP 01-019 Request for Conditional Use Permit for a free-standing bank
building with a drive-up window and A TM machine in an I-L zone for
Meridian Crossroads Shopping Center by the Dakota Company - south
of East Fairview Avenue and east of North Eagle Road:
di-'~1 fo fht-ptvt.R.-./' / f'; c I ~ --J:in- tZ/J)'J I'1P veJ..
Meridian City Council Agenda - June 19,200 I
Page 4 of4
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
Meridian City Council Meetina
July 3. 2001
The regularly scheduled meeting of the Meridian City Council was called to order
at 6:35 P.M. on Tuesday, July 3,2001, by Mayor Robert D. Corrie.
Members Present: Tammy de Weerd, Ron Anderson, Cherie McCandless, Keith
Bird and Mayor Robert Corrie.
Item 1.
Roll-call Attendance:
X Tammy de Weerd X
X Cherie McCandless X
X Mayor Robert Corrie
Ron Anderson
Keith Bird
Corrie: I will open the regular City Council meeting on Tuesday July 3, 2001 at
6:35 P.M. Roll call attendance please Mr. Clerk.
Item 2.
Adoption of the Agenda:
Corrie: I want to thank all of you for being here this cool evening. I think it's
cooler in here than it is outside. Again, thank you for being here tonight. Item
NO.2 is adoption of the agenda. Are there any questions on the agenda?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: We'll take them as we come to them I believe won't we? I would move that
we adopt the agenda as stated.
(Inaudible discussion amongst Council members)
Corrie: All right is there any further discussion or is there a second?
McCandless: Second.
Corrie: Okay motions made and second to adopt the agenda. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALLAYES
Item 3.
Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval:
CUP 01-013 Request for a Conditional Use Permit for the
manufacturing of inflatable boats in an I-L zone for Elliott
Meridian City Council Meeting
July 3, 200 I
Page 2
Business Park by H2NR, LLC - east of Locust Grove and
south of East Wilson Lane:
B. Findings of Fact and Conclusions of law for Approval:
CUP 01-010 Request for a Conditional Use Permit for a
free-standing coffee hut with a drive-thru in a proposed C-G
zone for proposed Moxie Java by T JBJ, Inc. - 1975 East
Fairview:
C. Findings of Fact and Conclusions of law for Denial: AZ
00-023 Request for annexation and zoning of 156.21 acres
from RT to R-4 for proposed Tuscany lakes Subdivision
by Gem Park II Partnership - south of Victory Road and
west of Eagle Road:
D. Findings of Fact and Conclusions of law for Denial: PP
00-024 Request for Preliminary Plat approval of 353 building
lots and 39 other lots on 156.21 acres in a proposed R-4
zone for proposed Tuscany Lakes Subdivision by Gem
Park II Partnership - south of Victory Road and west of
Eagle Road:
E. Findings of Fact and Conclusions of law for Denial:
CUP 00-052 Request for a Conditional Use Permit to
construct a planned residential development in a proposed
R-4 zone for proposed Tuscany lakes Subdivision by
Gem Park II Partnership - south of Victory Road and west of
Eagle Road:
F. Findings of Fact and Conclusions of Law for Approval:
PP 01-008 Request for Preliminary Plat approval of 1
building lot and 1 ACHD Park and Ride lot on 6.36 acres in
a C-G zone for proposed Travelers Corner by Pinnacle
Engineers, Inc - southeast of Interstate 84 and Meridian
Road:
G. Findings of Fact and Conclusions of law for Approval:
VAR 01-006 Request for variance of the street length
ending in a cul-de-sac from the maximum length of 450 feet
to an increased length of 495 feet for a proposed Park-and-
Ride lot by W.H. Moore Company - northeast corner of
Overland and Meridian Roads:
H. Findings of Fact and Conclusions of law for Approval:
RZ 01-004 Request for a rezone of 8.29 acres from L-O to
C-G for Waltman Court Subdivision by John Goade -
Meridian City Council Meeting
July 3, 2001
Page 3
south of Troutner Business Park, between Waltman Lane
and Ten Mile Road:
I. Findings of Fact and Conclusions of law for Approval:
pp 01 ~007 Request for Preliminary Plat approval of 6
building lots and 1 other lot on 8.29 acres in a proposed C-G
zone for proposed Waltman Court Subdivision by John
and Sandra Goade - south of Troutner Business Park,
between Waltman Lane and Ten Mile Road:
J. Findings of Fact and Conclusions of law for Approval:
RZ 01-004 Request for a rezone from an R-8 to L-Q zone
for Meridian Water Department by Meridian Water
Department - 2235 Northwest 8th Street:
K. Findings of Fact and Conclusions of law for Approval:
VAR 01.-008. Request for variance for the reduction of two
required parking spaces for Moxie Java by T J8J, Inc. -
1975 East Fairview:
L. Approve minutes of June 19, 2001, City Council Meeting:
Corrie: Item NO.3 is the Consent Agenda.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: On the Consent Agenda we have got some new stuff in that we need to
probably discuss on Item B. That also effects Item K so I would move that we
move Item B to 58 and Item K to 5K. With no other changes I would move that
we approve the Consent Agenda with the changes.
Anderson: Second.
Corrie: Motion's been made and second to approve the Consent Agenda.
Thereby moving Item B and Item K to Item No. 5 as 58 and K. Any other
discussion hearing none, roll call vote?
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Corrie: I think we need to let the audience know that we have a couple of
changes. We've been requested to table Item No.7, which is the Final Plat
approval of Bear Creek Subdivision NO.2. That won't effect any of you here
Meridian City Council Meeting
July 3, 2001
Page 4
(
because it's not on a testimony type discussion. Also, we have a request to redo
the Item No. 15, which is a Public Hearing. This is a request for Preliminary Plat
of 4 building lots and 4.94 acres by proposed Seven Gates Industrial Subdivision
by Dakota Company. "They failed to post the property. We will have to set
another time for the Public Hearing on that. We will do so. Also in Item No. 16
and 17, on the 1 ih of July, we're requesting a Public Hearing on a variance for
the Staten Park subdivision. In order to do that we have to on No. 16 and 17,
which is an annexation and a request for Preliminary Plat. We have to do a
request for the variance at that time. What we will probably do is when we get to
Item 16 and 17, we will table that item until 1 ih of July and hear all three at one
time. That's it. Yes, you can go. We'll do that thank you.
Item 4.
Department Reports
A. Public Works Department - Gary Smith:
Corrie: Item No. 4 was Department Reports. Gary Smith the Engineer on two
items
1. Water Late Comers Agreement - Holiday Inn
Express:
2. Sewer Late Comers Agreement - Holiday Inn
Express:
Smith: Thank you Mr. Mayor, Council. Item NO.1 is the water Latecomer's
Agreement with the Holiday Inn Express owner. You have the agreement in your
packet. He has signed that agreement. Toward the back of the packet is a small
map that outlines the service area for the water line extension. There are some
businesses out there on Allen Way or Allen Street that have connected to the
extension that he made for the Holiday Inn Express. He's requested a
Latecomer's Agreement for both the sewer and the water to recover some of
those costs that he put forth in installing the sewer and the water.
Corrie: Mr. Bird.
Bird: I'm sure that it has been taken care of, but wasn't there some kind of a lien
or something on this sewer line at one time?
Smith: At one time there was, yes sir.
Bird: That's all been taken care of?
Smith: Yes sir.
Bird: Okay thank you.
Meridian City Council Meeting
July 3, 200 I
Page 5
Anderson: Mr. Mayor.
Corrie: Mr. Anderson. -
Anderson: I would make a motion then that we authorize the Mayor to sign and
the clerk to attest the Latecomers Agreement for the water lines for Holiday Inn
Express.
Bird: Second.
Corrie: Okay motion's been made and seconded to approve the Latecomer's
Agreement for the Holiday Inn Express. Any other discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALLAYES
Anderson: I would also make a motion that we authorize the Mayor to sign and
the clerk to attest a Latecomers Agreement for a sewer line for Holiday Inn
Express.
Bird: Second.
Corrie: Motion's been made and second to approve the Latecomer's Agreement
for the sewer line for Holiday Inn Express. Any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 5.
(Items Moved from Consent Agenda)
B. Findings of Fact and Conclusions of Law for Approval:
CUP 01-010 Request for a Conditional Use Permit for a
free-standing coffee hut with a drive-thru in a proposed C-G
zone for proposed Moxie Java by TJBJ, Inc. - 1975 East
Fairview:
K. Findings of Fact and Conclusions of law for Approval:
V AR 01-008 Request for variance for the reduction of two
required parking spaces for Moxie Java by T JBJ, Inc. -
1975 East Fairview:
Corrie: Item 5 would be Item B and Item K the Findings of Facts and
Conclusions of Law for approval a request for Conditional Use Permit for a free-
standing coffee hut with a drive-thru in a proposed C-G zone for proposed Moxie
Meridian City Council Meeting
July 3, 2001
Page 6
Java by T JBJ, Inc. 1975 East Fairview. I guess we can take that up each one in
its own here. Let the record show that we do have one that came in after the
Public Hearing had been closed. A letter came in and stated about the Moxie
Java. Just to put that on the record that it came in and we've got it. However it
came in after the public testimony had been closed, the Public Hearing. Council,
you have the Findings of Facts and Conclusions of Law for the CUP 01-010. Any
discussion?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I have a question of our Legal Counsel then. Do we take this
additional letter that has come in and the new information that is in that and can
that be weighed in our decision now?
Nichols: Mr. Mayor, Councilman Anderson, members of the Council because it
was not testimony that appeared in the Public Hearing and was not delivered to
the Council before the record was closed, it should not be considered as
evidence. If the Council wants to consider then the matter has to be re-opened,
reconsidered, re-noticed for the hearing and the applicant has to be given an
opportunity to respond to the letter. I mean it's after the fact, so it's your
pleasure. If you want to re-open it you have the ability to do that because the
findings have not been formally adopted.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess just a point of discussion then. I mean the one piece of
information that's in there that's very pertinent to this is cross through access.
Without that, that would drastically change my decision on how I looked at this
approval for this. I guess I would be leaning towards re-opening this and re-
noticing it so that we could take that additional piece of information into
testimony. I don't know how the other Council people feel about that.
Corrie: Any other discussion?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Yes the cross access was a huge part of our decision and the
applicant should be given the opportunity to respond to this letter. I would not be
opposed to re-opening these two items.
Meridian City Council Meeting
July 3, 2001
Page 7
Bird: (Inaudible)
Nichols: Mr. Mayor.
Corrie: Bill.
Nichols: Mayor, members of the Council if you re-open it, I would recommend
that you re-open it and limit the issue to those raised in this letter so that you're
not having to go through everything else but just specifically with regard to this
particular letter and the issues that are raised in it.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: With that information then I would make a motion that we re-open the
request for variance, for reduction of the 2 required parking spaces for Moxie
Java. Variance No. 01-008 as well as the CUP for a request for Conditional Use
Permit for a free-standing coffee hut with drive-thru, CUP No. 01-010 and limit
the topic when we re-open that to additional information on the cross through
drive access through the property to the east.
Bird: I'll second it but would you also allow the applicant to respond to these
letters that we received on June 25th?
Anderson: Yes, most definitely.
Bird: Second.
Corrie: Motion's made and second to re-open the Public Hearing on specific
issues of the letter of June 25th. Any further discussion?
Berg: Mr. Mayor, members of the Council with that motion that is re-noticing not
just re-opening but it's re-noticing.
Corrie: Okay any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Corrie: That's for Item B and Item K. They will be re-noticed and set for Public
Hearing at that notice time.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
Meridian City Council Meeting
July 3, 2001
Page 8
De Weerd: Will, can you make sure that the applicant specifically gets a copy of
the letter and I don't have the application any more. Can you just copy the
pertinent pieces in that application and get Council a copy of it?
Berg: Councilwoman de Weerd, Mayor and Council. I'll do that and I'll notify the
applicant of the new hearing and the specific issue.
De Weerd: Thank you.
Item 6.
Tabled from June 5, 2001: FP 01-009 Request for Final Plat
approval of 13 building lots and 3 other lots on 6.36 acres for
Meridian Green - Unit No.4 by Fuller/Scott Investment Company
and Glenco - east and west sides of Southeast 5th Way south from
Overland Road:
Corrie: Okay Item NO.6 now is tabled from the June 5, 2001. It is a Final Plat
01-009 req uest for Final Plat approval of 13 building lots and 3 other lots on 6.36
acres for Meridian Green Unit No. 4 by Fuller Scott Investment Company and
Glencoe, east and west sides of Southeast Fifth Way south from Overland Road.
Council, you have the -- okay let's do first things first. Staff comments?
Stiles: Mr. Mayor and Council this is for the property that is fronting Overland
Road as part of the Meridian Greens Development. You have our staff
comments that are dated June 1, 2001. We would recommend approval with all
staff and agency conditions.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Shari, do you have a copy of Chip's comments form the Water
Department?
Stiles: Yes.
De Weerd: Would that be included in your staff recommendations?
Stiles: I'm not sure how you would word that but we could work out some kind a
note to let them know the existence of that and that it does have some kind of
noise associated with it. Maybe Gary and the applicant's Engineer could work
out some wording that would be appropriate for the plat.
De Weerd: I think it's very necessary that that's in there because he does raise a
very important point. I'd hate to buy that lot and find out after the fact.
Meridian City Council Meeting
July 3, 200 I
Page 9
Corrie: It would be a noisy situation.
Bird: (Inaudible) need to put up front so that we don't get, they don't get
surprises.
Corrie: Is the applicant here on the Final Plat? Any questions about what we're
talking about? You've got it?
Bird: He knows.
Corrie: Mr. Fuller (inaudible). Council, hearing that, further discussion?
Bird: I have none.
Corrie: Hearing none, I'll entertain a motion on the Final Plat for Meridian
Greens.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve the Final Plat 13 building lots
and 3 other lots on 6.36 acres for Meridian Greens Unit NO.4 by Fuller Scott
Investment Company and Glencoe, instruct the City Attorney to prepare Findings
of Facts and Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Okay motion's been made to approve the Final Plat 01-009 with the staff
comments and for the attorney to draw up the final orders. Any further
discussion? Hearing none, roll call vote Mr. Berg.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 7.
Tabled from June 19, 2001: FP 01-007 Final Plat approval of 36
building lots and 2 other lots on 10.66 acres in an R-4 zone for
Bear Creek Subdivision No. 2 by Briggs Engineering - east of
Stoddard and south of Overland Road:
Corrie: Item No. 7 as we mentioned earlier in the evening, has been requested
by the applicant to table that until the 1 ih of June on the Final Plat for Bear
Creek Subdivision NO.2. With that in mind, I'll entertain a motion from Council to
table that item NO.7.
Meridian City Council Meeting
July 3, 2001
Page 10
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we table FP 01-007 the Final Plat approval for 36
building lots and 2 other lots on 10.66 acres in an R-4 zone for Bear Creek
Subdivision NO.2 by Briggs Engineering until July 17, 2001.
De Weerd: Second.
Corrie: Okay motion's been made and seconded to table Item No. 7 Final Plat
01-007 until July 17th of this year. Any further comments? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 8.
Item 9.
Item 10.
Continued Public Hearing from June 27, 2001: V AR 01-007
Request for a variance to exceed the maximum 1,000 foot block
length for proposed Macaile Meadows Subdivision by Hillview
Land Development, LLC - south of Fairview Avenue, north of Pine
Street and % mile west of Cloverdale Road:
Continued Public Hearing from June 27, 2001: AZ 01-005
Request for annexation and zoning of 28.59 acres from RUT to R-B
for proposed Macaile Meadows Subdivision by Hillview Land
Development, LLC - south of Fairview and west of Cloverdale
Roads: Attorney to Prepare Findings of Facts and Conclusions
of law for Approval
Continued Public Hearing from June 27 J 2001: PP 01-006
Request for Preliminary Plat approval of 115 building lots and 15
other lots on 28.59 acres in a proposed R-8 zone for proposed
Macaile Meadows Subdivision by Hillvlew Land Development]
LLC - south of Fairview and west of Cloverdale Roads:
Corrie: Item No.8, 9 and 10 we'll take at one time here. It's a Continued Public
Hearing from June 27, 2001. Item NO.8 is a variance, 01-007 request for a
variance to exceed the maximum 1000-foot block length for proposed Macaile
Meadows Subdivision. No. 9 is a Continued Public Hearing. A request for
annexation and zoning of 28.59 acres from RUT to R-8 for Macaile Meadows
Subdivision. Is it Macalaney?
(Inaudible discussion amongst Council members)
Bird: You're okay.
Meridian City Council Meeting
July 3, 2001
Page II
Corrie: The 4th of July is coming tomorrow maybe (inaudible). I apologize for the
mistake. No. 10 is a request for Preliminary Plat approval of 115 building lots
and 15 other lots on 28.59 acres in this proposed R-8 zone of the same
meadows. So, at this time I will open the continued public on Item 8, 9 and 10.
We'll take testimony from anyone of those or all of those from you. Some of you
have sent letters in, in testimony. Some of you are waiting until tonight to give
your testimony. What I will ask you to do is to please limit your public testimony
to three minutes so everybody can talk that wants to talk. The developer we'll
give approximately four to five minutes to give their part of it first.
Nichols: Mr. Mayor.
Nichols: Mr. Mayor a point of order Mr. Mayor, it might be easier if you just
continued the opposition testimony. Then the developer would have one chance
to do the rebuttal at the end.
Corrie: I believe that's correct because they've had the opportunity. So, we will
enter the, lets do it first, opposition testimony for this then after all the testimony
is through from the public we'll have the developers give rebuttal to anything
that's come up at that point. That's right this one has been going on for some
time. At that point I will open up the testimony, Public Hearing for opposition at
this point. Do we have a sign in sheet at all Mr. Berg?
(Inaudible discussion amongst Council members)
Bird: Mr. Mayor we've received these letters. Mr. Nichols said maybe we just
have somebody like the Clerk read these into the record and we'd be done with
them.
De Weerd: You're going to read all of them?
Bird: Just read the new ones. These are new ones. Mrs. Turney was going to
read her own but the other two, July 2nd and June 28th, They've all come in since
the Public Hearings and we need to (inaudible)
(Inaudible discussion amongst Council members)
Bird: Mrs. Turney's going to read hers in but those two (inaudible) read it in and
get it over with.
Corrie: You want the City Clerk to read all of these?
(Inaudible discussion amongst Council members)
Corrie: Is Husic, the last name. Are they here tonight? Irvas and Alija Husic are
they here tonight? Okay they've sent us a letter. We're going to read that -- the
(
Meridian City Council Meeting
July 3, 200l
Page 12
City Clerk. He's going to read that tonight. Then is Teresa Connolly here
tonight?
(Inaudible discussion amongst Council members)
Corrie: Okay we've got her's to be read in as well.
(Inaudible discussion amongst Council members)
Corrie: f believe there's another one that's here but (inaudible).
Bird: I think Mrs. Turney is going to take care of hers.
Corrie: Okay just so we get everybody's testimony in here. We want to make
sure that you do. Okay Mr. Clerk if you will read those two letters into testimony
please.
Berg: Thank you Mr. Mayor. This is a letter dated June 28th. We received it July
2nd. To whom it may concern. Unfortunately I am not able to attend the meeting
taking place on July 3, 2001. Due to the holiday I will be out of town. As a
Crossroads Subdivision and a City of Meridian resident I would like to put forth
my feelings on the above-mentioned subdivision. I am greatly concerned about
the houses to which have been proposed for this subdivision. The size of these
homes, square footage and lot sizes will in no way enhance or compliment our
subdivision, which would be directly adjacent to Macaile Meadows. I am very
concerned about what this will do to our property value. Many of us here were
given information directly from the church, Cloverdale Seventh Day Adventist. If
anything was to put on this vacant property it would remain very low key such as
a retirement facility for the church members or a park of some sort and this
wasn't going to happen for at least 7 to 10 years. Traffic being another issues of
course. I have a child to who will be attending the new middle school off
Cloverdale and Pine Street, Lewis and Clark Middle School. What will these new
homes do to the traffic already trying to cut through Pine Street to get to Eagle
Road to then find out it doesn't connect. To then turn around and speed back
through in frustration. I feel another, excuse me, I feel before anymore homes
are to be built in this area we need to have our roads modified to handle it. Such
as Cloverdale, a two-lane road that will need to handle the every day in and outs
of this subdivision. It's already a very busy street especially at peak times. I love
the city I reside in and want to see the quality of life we so much have enjoyed
and cherished to remain. Thank you. Sincerely, Irvas and Alija Husic, Close?
1091 North Principal Way Meridian. Second letter dated July 2, 2001. We
received it July 3, 2001. Members of the City Council. I am Teresa Connolly of
4177 East Driftwood Drive Meridian Idaho 83642. Phone number is covered up
by the label. Proposed subdivision of Macaile Meadows. I am not against in fill
development but I am for responsible development of the City that I have lived in
for over 34 years. The question I see here is, is this area ready for such growth?
Meridian City Council Meeting
July 3, 200 I
Page 13
My answer would be no. The reasons would be: 1 the road system is inadequate
for the amount of traffic surrounding this area now and adding an additional 1100
vehicle trips per day at this time is illogical and ludicrous. Cloverdale Road is a
two-lane road without sIDewalks or bike lanes. What sidewalks there are do not
connect. It takes me 20 to 30 minutes to travel 1 mile to my son's school during
peak times between three to six P.M. It will take anywhere up to 5 minutes to get
clearance to get onto Cloverdale. Then I am stuck in the standstill bumper to
bumper traffic. During this time I have been flipped off, honked at, denied right-
of-way doing a right turn on a green light at an intersection of Executive and Pine
and almost rear-ended by people driving and getting nowhere. Keep in mind that
Eagle and Fairview will be undergoing major intersection work soon. That would
mean that even more cars will be using Cloverdale to avoid the construction. We
have turn around traffic every day on Driftwood, people trying to get to Eagle
Road and they can't. We have been told that Pine Street will connect someday
but that it is developer funded. That takes a couple of years to complete. ACHD
has no plans in the future for improvements on Cloverdale. The proposed,
excuse me, number two, the proposed subdivision is not compatible with the
surrounding homes. Please see our Homeowners' Representative Holley Turney
statement. I support her 100 percent. Number three the developer will not keep
their word from the neighborhood meetings that they held. Mr. Butler had told
me that they would have four chokers at the intersection of Parkdale and
Driftwood, at least three speed bumps on Driftwood, a north access especially for
construction equipment et cetera and that would be built in phases until a north
access was made onto Fairview. At the first Planning and Zoning meeting all of
this was null and void. We have fought long and hard to keep them at their word.
We have lost some things but gained when we got some of the things back for
the safety of our neighborhood. One of the things that was speed bumps would
be required if we could get 80 percent of the neighborhood to agree. We have
done that and presented it to you and you state that you have nothing to do with
the roads. Do not the City governments work together? If P&Z said to do
something and we upheld the request, then you should enforce it. We have 89
elementary age or younger children who live in Westdale Subdivision. The
safety of these children should come first. There is Lewis and Clark Junior High
School on Pine Street. These kids are walking home, some on Cloverdale where
there are no bike lanes, inadequate sidewalks and lots of cars, some through
subdivisions and on into Crossroads. Is adding more traffic really safe at this
time? I feel that when roads are completed and safety issues are taken care of.
Then add the in fill in this case but not until then. I hope you really review all of
the documents on this project and make the good decision for the benefit of a
community and City. Please see the enclosed pictures. Thank you for your time,
Teresa Connolly. P.S. Wouldn't this be a great place for a City Park? Attached
are some photos. Onels labeled No.2, No.3, No.4, No.5, No.6, No.7, No.8,
No.9, and No. 10. Is that sufficient Mr. Attorney or do you want me to read a
couple of the words underneath the photos.
(
Meridian City Council Meeting
July 3, 2001
Page 14
Nichols: Mr. Mayor, members of Council, Mr. Clerk. I think since they have the
actual photos in front of them right now, its just having the letter read so that the
applicant hears what's being said. Has a copy of this been given to the
applicant?
Berg: Yes.
Corrie: Thank you Mr. Berg. I have the list of people that wish to testify tonight.
Everyone that I have on this list is against except for one is for. What we usually
do is have the ones that are for it first. Then the ones against it second since we
have one that's for it, Gary W. Dodge. If you're here, you have three minutes.
Dodge: My name is Gary W. Dodge. I reside at 1848 North Cole Creek Avenue
in Meridian. Mr. Mayor and Council Members I want to take just a few moments
to record some things into the record. I work as a Financial Officer for the
Seventh Day Adventist Church, the legal owners of the property that is under
development contract to the. developers and wish to support the applicants here
in this decision. Let me share "four items with you if I may. First off, the church
looked at a wide range of potential buyers and selected what we believe to be a
developer that we have found working with that would provide compatible
development in the area for the Crossroads and the Driftwood neighborhoods.
To some extent the church in its evaluation of other potential individuals, chose
one that we felt was the most compatible as opposed to others that wanted
higher density for that particular 28.59 acres. Secondly, in our discussions with
ACHD and with Planning and Zoning in regards to traffic. We agree to provide
and offer to the Macaile Subdivision to Cloverdale Road. That would be a north
road. It's just north of the existing entrance of the church property. The church
anticipates using the same roadway so there's no conflicting access issues that I
believe are before the Council and their decisions. Thirdly, there is no record, let
me restate that. There is no record of any church officer taking the position that
the church would not sell the land for development. In past years the church has
had no distinct intent to sell or develop the property. However circumstances
change. When the company leasing the 28.59 acres withdrew from running the
sod farm on this acreage, the church found itself with expenses of maintaining
the land. We also found an increase in neighbors complaining about weeds and
less than sod farm grass growing in that particular facility. Further, because the
land was no longer subject to the agricultural reduction of property taxes and the
tenant was no longer covering the taxes anymore. The church was faced with a
large property tax bill with no offsetting income other than to look to its members
for additional funds which really were not compatible with the cost of the taxes.
This pushed the church to decide to sell the land and to consolidate its church
activities on the femaining acreage that it has there off of the Cloverdale Road.
Fourthly, the church has never been, I wish to emphasize that, the church has
never been paid by any neighbor for not developing the land to provide a view or
aesthetics Of easements nor does any written contract exist to that. If any
neighbor paid their developer additional money for their land because the church
Meridian City Council Meeting
July 3,2001
Page 15
property was vacant, then that neighbor may have a complaint with the developer
but certainly not with the church. Even if the church had taken the stand that it
would not sell the land, which we have no record of it doing as any property
owner is entitled to change its mind barring any written contract to the contrary,
so too I believe that church can do the same when circumstances change. Mr.
Mayor and Council Members, I've been the financial officer for the Seventh Day
Adventist Church, the southern Idaho corporation which is the legally
incorporated body that holds title to the land. I've been there for 9 years. I want to
assure you that there has been no breach as far as I have any knowledge of in
regards to promises made that have been alleged. I will be happy to answer any
questions but I wanted the opportunity to at least have that into the record for
your decision.
Corrie: Thank you. Any questions from Council?
Bird: I have none.
Dodge: Thank you.
Corrie: Thank you very much. Okay, time keeper start it again as soon as you
get up. Holly Turney, president WHOA
Turney: I'll be reading my letter into the record.
Corrie: State your name and address please.
Turney: My name is Holly Turney. I am president of Westdale Homeowners
Association and I am representing the 76 members of the association minus
those who will present testimony of their own and I reside at 4096 East Driftwood
Drive. First, I would like to make it clear that we are not objecting to this land
being developed. We are however objecting to the manner in which Hillview Land
development is proposing to develop it. As you know, we do not believe the
finished product of this proposed development will be the best fit for the
surrounding neighborhoods already in the area or their residents. The Meridian
Comprehensive Plan guarantees that current residents of the city that certain
values will be maintained when considering any new development. It identified 6
key community values and based its goals and policies on them. One of these
key values is, quote, enhance Meridian's quality of life for all residents, end
quote. Many things can enter into quality of life and among them would be such
things as stable economy, good employment opportunities, quality schools,
public safety, pleasing aesthetics of both the city as a whole and the
neighborhood where one might choose to live and protection of property values.
Allowing a subdivision into an area already established that is clearly
incompatible with that area hits right at the heart of this key value. Because of
considerable differences between Macaile Meadows and the surrounding
neighborhoods of Crossroads and Westdale, this proposed development has the
Meridian City Council Meeting
July 3, 2001
Page 16
very real potential of impacting our property values in a negative way. If the
values of existing properties in Meridian are not protected by the governing
bodies to the best of their ability, then eventually neither potential residents nor
potential businesses will-want to locate in Meridian because the investments they
made in their property will be more at risk. Therefor protection of property values
plays directly to the economic stability of the community as pointed out by
economic development policy No. 3.2U, which recognizes that housing is one of
the basic infrastructure requirements of economic development. Protection of
property values can playa large role in choosing where one might live and that
can fuel the housing market. No one wants to make an investment in a home
only to lose it because an inappropriate development was allowed to develop in
the area. On June 27, 2001 Mr. Butler presented you with a list of all the policies
and goals of the Meridian Comprehensive Plan with which he believes Macaile
Meadows complies. We agree that Macaile Meadows does in fact comply with
several of these statements. However there is nothing unique about this. Any
development going in would meet most of these statements. Our concern is with
the more subjective aspects .that lend themselves directly to the values residents
place on the definition of qualitY of life. These values are intrinsic to the intent of
the Meridian Comprehensive Plan in its efforts to protect this quality. As such, we
vehemently disagree that Macaile Meadows complies with residential land use
policies No. 2.3U and No. 2.5U as Mr. Butler suggests. I did the math. I
presented my findings to you on June 19, 2001. It's hard to argue with the
figures, which clearly show that the compatible between the subdivisions is less
than 30 percent. When I was in school if I got a 30 percent on my work, I flunked.
A difference of more than 70 percent is not compatibility. Furthermore, neither
Mr. Butler nor the developers have offered any evidence or data to show us how
their development complies with these policies. How is their development going
to protect and maintain our residential property values. They have designed lots
that are approXimately 3500 square feet smaller on the average than our.
Smaller lots generally mean smaller homes are built. Smaller homes generally
means less cost. Less cost means attracting potential buyers with less spending
power. Less spending power can mean that not as much is spent on the
aesthetics of the property. All of which has the potential to perhaps significantly
lower our property values.
Corrie: Mrs. Turney, your time is up. We've got your letter.
Turney: Okay.
Corrie: If somebody else would like to take 3 minutes and read the rest of it.
Take their time, you can do that. You're not even halfway through yet. We've got
your letter. So, do you want to sum it up? How do you want to do it?
Turney: Well, I'd like for you to get the information as I feel it's important-
Corrie: We've got it. We've got it here.
Meridian City Council Meeting
July 3,200 I
Page 17
Turney: And you'll.be able to review it before-
Corrie: We've already read it.
Turney: -- you make their decision? Then I thank you very much for your time
and your consideration. Thank you.
Corrie: Thank you. We've read it and I guarantee you that. Thank you. Okay,
Scott Curtis.
Curtis: Mr. Mayor, Council Members. My name is Scott Curtis. I live at 4132 East
Driftwood Drive. (live just south of the hole that Mr. Butler referred to in your city,
giving that hole a negative connotation or that empty field behind my house. Ada
County Highway District has approved this under their responsibility. The same
people who gave us the Curtis connector, Curtis Chinden connector, the Park
Center Bridge, the freeway_from the City Center exit to Eagle with no exits.
During their debate over this subdivision, 3 of the people on the Ada County
Highway District Board agreed that Cloverdale was a parking lot during peak
times. One approved it only under the stipulation that Cloverdale be added to the
5-year plan. To my knowledge Cloverdale still is not on the 5-year plan. Franklin
Road between Cloverdale and Eagle is not on the 5-year plan. It does not make
sense to me to allow this subdivision -- although, I guess it's too late to ask for a
park. An in fill, I mean what we want back there is a subdivision but I don't
believe Cloverdale is going to handle 1150 more trips per day which is 10 trips
per day per home is what the Ada County is saying is the formula that they use. I
believe the subdivision would be a good idea when the property to the north is
developed so they can have access to Fairview. Pine Street is finished so they
can punch on into Eagle Road. But right now, all they're doing is putting all that
traffic onto Cloverdale and really adding a second exit or entrance to the
subdivision via the north really doesn't solve anything. I mean it'll keep less traffic
going past my house because I live at the corner of Cloverdale and Parkdale, or
Parkdale and Driftwood Drive. But it just doesn't make sense. I mean I don't think
the church is going under. I mean they seem to be mowing their yard and
keeping the place painted so I don't think they're in that hurt of a money. Can't
we just wait until this subdivision is supported by the infrastructure first? Thank
you
Corrie: Thank you Scott. Fred Hodges and we also have a Diane. You both can
speak if you want.
(Inaudible discussion amongst Council members)
Corrie: All right. Thank you. I'll put that in there. Is it A I N E Pope? Rather than
butchering the name I thought I'd spell it out and then you can tell me what it is.
Meridian City Council Meeting
July 3, 2001
Page 18
Pope: A unique spelling for Amy.
Corrie: Amy, okay. Thank you.
Pope: My name is Aimy Pope and I live at 4264 East Driftwood. I Recently
moved into the Westdale subdivision, very happy with the subdivision. This has
been a recent investment in my time in learning all about this new subdivision
and the infrastructure that Scott was talking about. One of the things that the
developer had pointed is that this would be an in fill. My view is that it is not an in
fill until the area north so that there is access to Fairview is developed and
accessed to that subdivision. Right now, the only access in and out is Cloverdale
on the northeast side and then down on the west with the south. The Crossroads
subdivision butts up against it but there is no connection to that. So, right now its
really just kind of a hole that doesn't have access to anywhere but Cloverdale as
Scott was saying. You've heard multiple times that Cloverdale can't handle it. I
know some of the photographs that you have received have shown people taking
lefts to blow red lights becallse. ies so busy they can't turn left. It's pretty bad out
there on Cloverdale. One of ' the other descriptions that the developer has
described is that it would be a transition to the property to the north. Until we
know exactly what that's going to be and that goes through the Council, we don't
know what we're transitioning to. Its been suggested that its apartments. The
way that they have their subdivision set up in the terms of the size of lots. The
way that the Westdale subdivision is set up is closer to an R-4 and they're
proposing an R-8 throughout their subdivision. If it was a shorter transition where
maybe the south is closer to R-4, the middle would be closer to R-8 and the top
would be closer. I'm sorry the middle would be R-6 and the top would be R-8,
then you would have a better transition towards apartments not just one plug of
all R-8 and the small lot sizes. My suggestion is that you do deny these requests
for this subdivision currently. I'm not opposed to it becoming a subdivision. Of
course everybody says that we would like it to be a park. There isn't anybody that
I know that doesn't want to have a park in their backyard. But that wasn't why we
bought the property. We bought the property because of its location, because of
its aesthetics, because it's well upkeep. That is our main concern to make sure
that again we do keep our property values where they are instead of decreasing
them. A major concern that I do have is the traffic and the school. I don't have
children at this point but I do know that there are 89 young children in our
subdivision which the traffic will increase coming through there. My main concern
is the school, the junior high. There's just too many kids around that area right
now and with the amount of traffic that is misgiving trying to get through to Eagle,
the amount of traffic trying to get through to Eagle and mistakenly coming
through, the amount of traffic for the school itself. Increasing that amount with
this subdivision is just going to cause more problems. Thank you for your time,
appreciate it.
Corrie: Thank you. We have a Dolores and Carl Sass, is that right?
Meridian City Council Meeting
July 3, 2001
Page 19
(Inaudible discussion amongst Council members)
Corrie: Okay. We have the letter here. I believe it's Cynthia Curtis. Did I get it
right?
Curtis: Thank you. I'm Cynthia Curtis. I live at 4132 East Driftwood Drive.
***End Of Side One***
Curtis: I believe that this subdivision going in at this time is a real undue burden
not only on Cloverdale but the residents that live there. I feel that coming
together residential where the light industry area. Until the roads are equipped to
handle all the traffic of not just the residents but the semi trucks and all of the
industry that is going on in that area, it is really quite unsafe. Its unsafe for all of
our children and this 76 homeowners with our 89 elementary school age children
on just our street alone, doesn't even speak for how many children are coming
from Crossroads. We are hemmed in on all sides by these major roads, Fairview,
Cloverdale, Franklin and Eagle: We have nowhere to go with our children as far
as riding bikes or taking off going for walks. We're hemmed in by these busy,
busy roads. We walk through these neighborhoods all the time. I've been walking
through Cloverdale before when I have come upon a 2-trailer semi truck stuck in
the neighborhood trying to find his way out lost. Driving through a residential
area, a double trailer semi truck 6:00 in the morning. There's so many senseless
things here that are going on with these roads in this particular area that this
subdivision moving in right now is just going to increase that burden. You know,
its making irate drivers. You know we're afraid to let our children just walk over to
Lewis and Clark School to play in the area over there because there's so many
cars that are not following the rules. They're having to break traffic rules in order
to even travel through that area. Its just senseless. There's a lot of negative
energy around the whole idea. I think that once the roads are fixed around there
in the next however many years it takes, Pine Street, Cloverdale, the intersection
at Eagle and Fairview, Franklin between Cloverdale and Eagle. When all those
roads are fixed to handle the adequate traffic, then yes, lets put more residents
there. But until then I think it's a big mistake and somebody's going to get hurt
and I just hope it's not our children. Thank you.
Corrie: Thank you. Greg Holman.
Holman: Greg Holman 992 North Principal Crossroads. Most of it has already
been said and I agree with all of that. There are a couple of things. The other day
it was on the news Fairviewand Eagle was the number 3 spot for the worst traffic
in Boise and Meridian and its getting worse. The other one is the traffic that we
have now is unbearable. We have a shopping center that surrounds us on 2
sides. They're building every day. Its only half-done and you ought to see the
traffic now and its going to worse. The other thing is, we get water bills that say
conserve, save. Electric bills, gas bills, little notes in there, conserve, save
Meridian City Council Meeting
July 3, 2001
Page 20
energy. No is the time to take care of the problem we've got now. Lets not add to
it. That's about alii have to say. Lets make a park and be done with it.
Corrie: Okay. Thank you Mr. Holman. Mary Hopkins.
(Inaudible discussion amongst Council members)
Corrie: All right. Thank you. Andrew Hopkins, same thing? Michelle, I believe it's
Rice, WHOA homeowners.
Michelle Rice: Just basically the same as everybody else has said. I live right
next door to Cindy and Scott Curtis on 4110 East Driftwood. The biggest concern
is safety for our children. The second biggest concern is property values. I think a
subdivision would be great back there. I just would hope that it was more equal to
what we have and the access was better. Then I wouldn't have a problem with it
at all. That's it. Thank you.
Corrie: Okay. Thanks, Michelle. Now, is there anyone that wishes to testify that
didn't sing up? Okay. Last chance. Okay. Developer, you have to answer the
questions that they brought up here tonight and rebuttal. We'll give you 5
minutes.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Before he speaks, do we have a copy of ACHD's report? I have
the piece in our findings but if I could see that I'd appreciate it.
(Inaudible discussion amongst Council members)
Butler: You have the final one, right Shari, not the one that's stamped draft?
Stiles: Yes.
Butler: Excellent. The clock didn't start yet, did it?
Corrie: I started it for you.
Butler: Oh, great.
Anderson: You're almost out of time.
Butler: Then we hope you approve this item. Mr. Mayor, Members of the Council.
Before I get started, I think compatibility is an interesting issue. I wanted to say
that in regards to compatibility, several years ago I took a planning job in the city
Meridian City Council Meeting
July 3, 200]
Page 21
of Henderson Nevada, which is right next to Las Vegas and worked therefor
about 5 years as a planner. The issue there was always apartments adjacent to
single family. Then I moved up here to Boise, took a job at the Highway District,
worked there for a couple of years. Then went to the city of Eagle as a zoning
administrator for about 5 years. Compatibility in Eagle was a completely different
ball game. It was whether a 30,000 square foot lot was compatible with a 5-acre
lot. This is the first time in my 12 years of experience as a planner, mostly
working for government, the last year I've worked on my own as a private
consultant. That I've seen compatibility take such a minutia point of view. I guess
frankly, if you don't have to deal with this on a day in, day out basis, I really feel
for you because trying to weight the concerns of all property owners, the
individuals who live there now and the individuals who hope to develop in
accordance with your comp plan must be a real tough task. I guess with
compatibility I just wanted to say that and kind of point out there's a lot of
different opinions on what's compatible and what's not. I've only got 3 minutes so
I think I'll cut out, or try to hone this down. I wanted to touch a little on the history
to respond to some of the people's comments, touch on the roadway issue and
mostly touch on compatibility. Briefly, with regard to history here, as you know,
your city ordinance doesn't require neighborhood meetings. I (inaudible) chose to
have neighborhood meetings and recommended that to the developer.
Unfortunately some things have been kind of taken out of context but we meant
well. I meant well in meeting with the neighbors. My purpose was to try to get
their concerns and work out as many issues as possible. With that and meeting
with the neighbors, going to Highway District, P&Z and finally ending up here,
we've ended up with a roadway that we've volunteered to build prior to issuance
of the first building permit. The ACHD's position was that we build this roadway
out to our primary access, out to Cloverdale, prior to the 76th building permit. In
trying to work with the neighbors, I spoke with Holley Turney before the ACHD
meeting and she really wanted that in, or the people that she represents wanted
that in ahead of time so the developer decided to put that in ahead of time.
Without bringing in income from house sales. The developers I believe have
made incredible efforts in this process to move forward with many different
conditions on their property of which you may not be aware. That being one. We
are building a roadway that's 24 feet wide. The Highway District staff report that
you have in your hand right now, page 6 points out on item in their findings,
there's no sense going to it. You can double check later if you want. The access
road does not need to be constructed in the dedicated right-of-way because its
location may be temporary in nature until the parcels to the north are developed
and a permanent roadway is constructed either Fairview Avenue or Cloverdale.
What they were saying there is yes, we want a roadway in there. We want a
primary roadway in there to address the issues of the neighbors but we don't
necessarily believe that that's the perfect spot for the roadway. It may be better
for the roadway to come in and curve a little bit, going through Boise City here so
its not so straight. They may want it to go up to Fairview. So, we're doing that
roadway in an easement and I wanted to make that clear to you. A question was
brought up at the last meeting on what the roadway was going to be made out of.
Meridian City Council Meeting
July 3, 2001
Page 22
Actually the better terminology is constructed of. Here are several copies
(inaudible) yourself, the attorney and staff that show a cross section of our
roadway. You can see in the cross section, its going to be an asphalt roadway
meeting ACHD's standards, 24 feet wide asphalt. It's a little deceptive
unfortunately. The 3-foot shoulder is gravel, not asphalt. I compared this roadway
with the standard local road. On the standard local road, you've got 20 feet less
for travel way. On our road because no parking will be allowed here, we've got
24 feet of travel way. I wanted to assure to you that the roadway is plenty
sufficient for primary access in and out of this property. I've touched on history
and the road. I'd like to touch on the compatibility issue. I think there's some
misunderstandings. I've seen this happening over and over again where I guess
people don't really realize what's on paper. Could I have another 2 minutes? I
would really appreciate it because there was a lot of testimony.
Corrie: Go ahead.
Butler: I think we can get ai' caught up in numbers. I think what you're going to
find once this subdivision is built as we proposed. This will all be a neighborhood.
Even though this park is for the people within the development, you're going to
find neighbors from Westdale who have no park. Kids coming over, riding their
bicycles over, using the park. I don't think as planners we look as one subdivision
as a neighborhood. SO, when we're talking about enhancing a neighborhood as
far as quality of a development. It's not just enhancing the neighboring
subdivision as you know, its enhancing the whole neighborhood. If you look at
the over all plan, our lot sizes are very compatible with the adjacent property and
we have a park which is now part of your ordinance to have a 5 percent open
space. If you take what we did, which was 28 acres at a crossroad, we took the 3
phases that were last approved. You can see that on the map here. You have 3.6
dwelling units per acre. Our over all density is 4. The calculations for the
Westdale is 3.4. If you look at the southern section of our development, from this
line south. In other words the southerly east west road south, our density in that
location is 3.3. That can be depicted also on the map that was provided by the
association themselves. Our lot sizes in the southern area are almost exactly the
same as Westdale. Westdale's range from 8,000 to approximately 14. Ours
range from 9,000 to approximately 14. If you took the 300 feet or so, which is the
depth of Westdale and went into our development, that density is very similar to
theirs, approximately 3.3. As you go further north, it ends up 3.6. We put the
smaller lots at the very north. As far as not understanding the plans, I'd like to
point out one I think important thing that was said by the public which shows
maybe the misunderstanding. It was said that if we had R-4 in the lower third, R-
6 in the middle third and R-8 in the upper third, that that would be much more
compatible. I agree. I think increasing the density would be more compatible and
I don't mean to take anything out of context. But when you come in with 15
dwelling units per acre, which is what the comp plan calls for approximately, you
may whittle them down a bit as they go through the process. But 8 units per acre
against even 10 would be similar. I'm not saying that so that you ask us to put
Meridian City Council Meeting
July 3, 200 I
Page 23
(
higher density in the subdivision. I hope that doesn't happen but I'm just trying to
point out that our plan is very compatible with the adjacent properties. We've also
got Wal-Mart and the commercial developments just a bit to the north. A couple
of last things on what we've agreed to by conditions. Is to limit all the prope"rties
along the west side to single story. We've agreed to limit all the properties along
the south side to single story. We've agreed to limit the house sizes, minimum
house sizes and that's going to be a note on the plat, on the south side to 1500
square feet. The house sizes on the west side to 1350 square feet. Since my
time is up I'll present one other thing. What it is, is a compilation of the assessor's
records for every single parcel in the crossroads and every single parcel in
Westdale. If you want the assessor's records you can have the copy, but I think
what's valuable here as my last comment is how high the house sizes are
compatible. The first bunch is Westdale. (inaudible) This is all I have. Then I'll
take questions. You can see that the majority of the homes are from 1500 to
1599 square feet. There's a few under 1500, 3 and there's approximately half a
dozen, maybe 8 or so above 1600. We've agreed like I said to have the homes
along the south side limited to 1500 square feet minimum. They'll likely build
more than that. I doubt you'll see everyone at 1500. So, that will be very
compatible right adjacent to Westdale. If you look at Crossroads where we've
proposed 1350, by the way we didn't pull those numbers out of a hat. Those are
the minimum numbers that are in the recorded CC&R's for both those
subdivisions. 1500 for Westdale and 1350 for Crossroads. If you look at
Crossroads, the original CC&R's for Crossroads I believe allowed a smaller
house size, so you can see some homes in Crossdale, or excuse me,
Crossroads are less than 1350. There's one under 1300. The majority of the
homes are between 1300 and 1400 square feet. You can see the mix of housing
sizes in there. With that, hopefully, I've touched on all the issues. The last thing
I've already said I'd say the last thing and that was it. I'm not going to add any
more last things. Did you have any questions?
Corrie: Okay. Any questions at this point, staff? Thank you.
Butler: Thank you for your consideration.
Corrie: We may have something to discuss,
Anderson: Mr. Mayor. I did have one question. I think we opened the hearing on
all 3 of these. What's the hardship that you have, why do you have to have the
variance for the block length?
Butler: If Shari could put up that, the subdivision. If I can find the letter Mr.
Nichols wrote for me. You do have a letter in the packet regarding the variance
signed by me and it points out the hardship which is, if we were to stub. First of
all if we back up a minute we're looking at a block being calculated as the
perimeter boundary of the subdivision, not what I would consider a block which
is this. These meet the-We don't need a variance for these. We modified our
Meridian City Council Meeting
July 3,200 I
Page 24
road section, which Shari may not be aware. We were working mostly with Brad
and Dave to bring these road sections in a bit both on each side see. So, this
block and this block meets the requirement. Where we have a problem is along
the perimeter where ou~hardship would be that if we were to put a stub into the
neighboring property. I think the hardship would be transferred to you because
that neighborhood would definitely come into the city and holler. That's already a
developed subdivision and that would be the only way to break up the block. The
other location would be to put a stub into the church and that's already developed
property.
Anderson: So, it's the 2 north south streets that you need the variance on?
Butler: Exactly.
Anderson: Not the east west ones.
Butler: Hopefully Shari can, clarify that. She's nodding that that is correct. I
appreciate your consideration on that. It seems like a code amendment that
would be in order for perimeter portions maybe.
Corrie: Any other questions (inaudible)?
(Inaudible discussion amongst Council members)
Corrie: Okay. Thank you.
Butler: Thank you.
Corrie: Council, any thing that we need to have further testimony on or
questions (inaudible)?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I have a question of Gary. Hopefully he might be able to answer it.
Executive Drive, in ACHD's report they note that it will be constructed in the next
2 years. Are you familiar with any time frame on that road? Was that not a
condition of the Crossroads shopping center, that once they? Oh, only along
their property line? Okay. Do you have any idea if that is within the next 2 years?
Or will it be longer than that?
Smith: Councilwoman de Weerd, Mayor and Council. I don't know of any dates
on Executive Drive. I don't know what ACHD's plans are there. I think a lot of it
will depend upon Mr. Van Aucker and how he proceeds with the development of
his property to the south of Crossroads on over to Eagle. I know there are plans
Meridian City Council Meeting
July 3, 2001
Page 25
in the works to install a signal at Eagle and Pine and to extend the road back to
the west boundary of Crossroads Subdivision.
De Weerd: What's the time frame on that?
Smith: Yes, its coming this year yet, as I understood it.
De Weerd: On the middle school, was there not anything as far as the
stipulation on that road to connect to Eagle? No?
(Inaudible discussion amongst Council members)
Smith: Mayor and Council. The only stipulation that I recall on the middle school
was that when the sewer and the water was extended in from Eagle Road that
we required, the public works department required an all weather gravel access
road be constructed, which they did do. But that was a maintenance road for the
sewer and water line.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Gary, isn't, as I recall, isn't there some problems with some easements and
stuff through Crossroads that they've got regarding the road that was fouled up
or something that was kind of holding up the Pine Road?
Smith: Mayor and Council, Councilman Bird. I recall that there was an issue with
some right~of-way as far as the Highway District having to buy the right-of-way
along the south boundary of Crossroads. Apparently it had not been dedicated at
the time the Crossroads plat was made, was platted. The original developer, the
original landowner of that had maintained ownership of that land. I don't know
what the status of that is. Whether that has ever been finalized with ACHD or not.
But at one time it was an issue.
Bird: Thank you Gary.
Corrie: Any other questions?
Bird: I have none Mayor.
(Inaudible discussion amongst Council members)
Corrie: Mrs. de Weerd.
De Weerd: (inaudible)
Meridian City Council Meeting
July 3, 2001
Page 26
Bird: If we don't have anymore things that we need to take before the public, I
would make a motion that we close the Public Hearings on the variance to
exceed the maximum 1000 foot block length for the proposed Macaile Meadows
subdivision by Hillview tand Development LLC. south of Fairview, north of Pine
Street and 1 quarter mile west of Cloverdale Road. Also close the Public Hearing
for AZ 01-005, request for annexation and zoning of 28.59 acre from RUT to R-8
for the proposed Macaile Meadows subdivision by HiIlview Land Development
LLC south of Fairview and west of Cloverdale Road. Also close the Public
Hearing for PP 01-006 request for Preliminary Plat approval of 115 building lots
and 15 other lots on 28.59 acres in a proposed R-8 zone for proposed Macaile
Meadows subdivision by Hillview Land Development LLC south of Fairview and
west of Cloverdale Road.
Corrie: Okay. Motion's been made to close the continued Public Hearing on 3
items requested. Do I hear a second?
McCandless: Second.
Corrie: Okay. Motion's been made and second. Discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Public Hearing is closed on the variance, the request for annexation and
zoning and the Preliminary Plat on Macaile Meadows Subdivision. I almost did it
again. Discussion of the requests?
(Inaudible discussion amongst Council members)
Corrie: On the requests. Well, we can have discussion on the variance.
(Inaudible discussion amongst Council members)
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Discussion on the variance for the block length. I guess looking at
the layout of the subdivision and realizing that these are the north south streets
that they're talking about. From the testimony that I've heard, if the subdivision is
annexed and approved, it would appear to me that most of the residents from
both the Crossroads Subdivision as well as the one south of there -
Bird: Westdale.
Meridian City Council Meeting
July 3, 2001
Page 27
,.
[
\
Anderson: -- Westdale, most of the residents would prefer that those streets not
go through their neighborhoods anyway. So I really wouldn't have any problem
with a variance to the block lengths at this point.
Corrie: Okay. Any other discussion of the variance? Hearing none, we'll move
on to the request for annexation and zoning.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess I'll throw out my 2 cents worth here too just to get it on the
table and get some discussion going but I agree with the residents. I think that
most of us would love to live next to parkland and fortunately for the residents of
both those subdivisions that was a big open grassy field that was very pretty to
look at. Unfortunately again, its property that's owned by another individual, in
this case it's a church and part of living in America is having those private
property rights and having the ability to develop your property as you see fit. I
think in this particular case, the developers have made a lot of effort to work with
the residents. As I've heard the discussion from the residents. Almost everybody
has said t we're not opposed to a subdivision going in there. We just want to
make sure that its compatible with our subdivisions. I guess to speak to a couple
of points that came out in that. We talked about lot sizes and compatibility and
Mr. Butler I think was correct in his statement that we are talking about very small
differences in the lot sizes that are in the perimeter of this subdivision as
compared with the surrounding subdivisions. The homes that will be built
immediately adjacent to those subdivisions are going to be very compatible in
size with the surrounding neighborhoods. I think when we look at the aerial view,
--. Shari would you put that back up? That aerial view of that entire mile section
there. When we look at that, as you can see the school district actually plans on
there being residential in that area. That's why they went out there and
purchased a piece of land and built a school there. If that entire mile section was
going to be industrial we wouldn't see a school there. Right now we just have 2
subdivisions there so its logical to expect that those are going to fill up with
residential areas. I guess I kind of have some personal believes. I think that
sometimes we can get too much industrial commercial mixed in with residential
use and then it becomes a hazard to the neighborhoods. But also we talk about
with some of the smart growth ideas, trying to have some of the amenities close
to homes like shopping and entertainment and restaurants and those types of
things. There has to be a happy blend there. If we were coming in from scratch
100 years ago and we were going to layout the perfect city we probably would do
this entirely different today based off the knowledge that we have and the twenty-
twenty hindsight. At this point we have a lot of existing conditions that we're
trying to match up to here. I feel like this particular development and the work
that they've done with the neighborhoods as far as trying to calm traffic, to try to
do some buffering to keep the values up. As the comp plan shows, the density is
Meridian City Council Meeting
July 3, 2001
Page 28
going to grow higher as it goes closer to Fairview. Also in our camp plan one of
the things we talked about is having diverse housing opportunities because not
everybody makes the same amount of money as their neighbor. SO, there has to
be opportunities for families who are just starting our or families who don't have
as much income. So, we have to provide those types of housing opportunities. In
this case, I really feel like there's been a lot of effort to work with the
neighborhoods. I think as was stated earlier, the church looked at developers
when they sold this property and did some screening to try to protect the
neighborhoods around there. They could have sold this property to developers
who wanted to develop at much denser densities in this area. I applaud them for
looking out after your interest. I really think if you would put a little bit of faith that
this isn't going to be the big terror that you think. Its not going to drop all of your
property values. I mean we've done these types of projects all around town and it
doesn't drop property values. The fact that there's no cross access into
Crossroads Subdivision means Crossroads Subdivision is going to be impacted
very minimal in this whole thing. With lot sizes that they are adjacent to that, I
don't see any impact at all to crossroads. I do agree with some of your concerns
about traffic on Cloverdale Road. I do agree with Franklin Road and Pine Street
and Emerald and the schools and all that. Unfortunately the way that the road
system works is we cant get a road built and widened ahead of the development.
There just isn't the money there. They're not out there improving these 2 lane
country roads and making them into 4 lane highways ahead of the development.
The development comes and then they do it. They're always behind the curve.
Again, that's something that you need to take up with Ada County Highway
District because that's something that we need to push. We as a City Council
have been pushing as hard as we can to get road improvements made in the
Meridian are, Meridian City. We could use help and support to get some of those
types of things done. I guess I would close with those comments. But those are
my thoughts.
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I guess, there are some areas that I have to be consistent. One of
them is infrastructure before you put in so many of these projects has to be
there. I do not believe that we have to go through 5 or 10 years of traffic
nightmares just so we can put in a subdivision. I agree with the people that they
don't mind having a subdivision back there. But, the egress and ingress into that
subdivision is a nightmare. I just don't think that its time to put that in there. I
agree with the people that testified that if you could just wait until you have
another decent entrance or exit out of that subdivision, then the subdivision
would be fine. Consequently, I am going to vote no.
Bird: Mr. Mayor.
Meridian City Council Meeting
July 3, 2001
Page 29
Corrie: Mr. Bird.
Bird: I too echo a lot of Ron's, Councilman Anderson's thoughts. I would like to
see it a little larger homes and stuff but I believe that if we could get some things
solved, Pine Street will go through. They've got a natural connection coming
down through Westdale. I'm sure that whichever came first Crossroads or
Westdale, I'm sure, I think it was Westdale that was last and Crossroads came
first, probably they got the same public commentary up here regarding bringing
Westdale in. You can deny everything and you're not going to help Cloverdale
because Boise has this same area and they're certainly not going to stop adding
stuff. We know Cloverdale is a mess. I happen to travel quite often. I don't think
that this one subdivision, and it isn't going to be built over night. We're probably
looking at a 5, 7 -year build out I would imagine, if not maybe a little longer.
Hopefully by that time, we can keep twisting on Ada County Highway District and
get Pine through there and that would give us 2. I don't know if that little road
coming through Westdale connects to Pine yet or not. I can't remember. I've '
drove over there. It doesn't. Actually if they connect there, you've got to push and
you do have a light there on Pine that they can travel and come down. I realize
that 9 months out of the year, you've got school buses and stuff but I don't
believe Lewis and Clark is a year round school.
(Inaudible discussion amongst Council members)
Bird: Is it a year round?
(Inaudible discussion amongst Council members)
Bird: No, it's not year round. It's out right now. I am like Councilman Anderson, I
think the developers have tried to do a good job of getting to the neighbors and
stuff and I am one that would be voting for it.
De Weerd: Mr. Mayor.
Corrie: Mrs. McCandless.
(Inaudible discussion amongst Council members)
Corrie: Oh, I'm sorry. (inaudible) about Cherie. Mrs. de Weerd. I had you on my
mind.
De Weerd: This one is a tough one for me because I can certainly sympathize
with the neighbors. I had an empty field in my backyard and with a view and that
sort of thing. I think the developers and the Commission have done some things
to mitigate some of the impact with the single stories, which they didn't do in my
backyard and the size of the lots to transition into it. I too would like to see parks
everywhere and unfortunately, we cannot buy the property or we'd have a lot of
Meridian City Council Meeting
July 3, 2001
Page 30
parkas around here because most people would like to see a park rather than a
subdivision. But I can appreciate it. I'm a huge park advocate and I would rather
have seen a park in my backyard as well. With that being said, I have the
concerns of Council Member McCandless with the traffic. However, you're .in a
unique situation that here in the ACHD requirements you have 60 home limitation
being platted until a second connector to Fairview can be done. I'm sure within
that time frame the roads connecting this subdivision to Eagle will be
constructed. Hopefully, since it's in an ACHD document that means something
because I do agree that's one of the things that was testified on road planning.
That is a lot more than we've ever had to offer any other residents and their
concern with traffic. I heard the applicant's representative mention that the park
would be available to the surrounding residents. That is something that we just
recently updated our landscape ordinance to do. I would like to see more of a
buffer between Boise and Meridian. Unfortunately, that cant always be done, but
the church can be seen as that. I really think that our County taxing system really
does force development to happen sooner than later. The church is being taxed
for the property value that,it can sustain. That is a huge hardship and we're
seeing that Citywide. That's why we're getting so many development requests.
It's a hardship and the church bears a huge burden if they don't do something.
This is an in fill project. It appears that everything that we've asked them to do,
they have done and I would support this project.
Corrie: Okay. Having heard from the Council, any other discussions? Okay.
How about any discussion on the request for Preliminary Plat?
(Inaudible discussion amongst Council members)
Corrie: Have you all said it all?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I guess I would like notations about the 80 percent of the required
signatures for the speed bumps on Driftwood and that that would be a
recommendation to have ACHD or the City to replace the ACHD approve the
speed bumps per the 80 percent residential support of that. I guess I would also
like to note that the ACHD requirement here. That staff recommends that only 76
homes be platted until a second connection to either Fairview or Cloverdale is
available as an access to the subdivision.
(Inaudible discussion amongst Council members)
Corrie: Mr. Nichols, I assume that these are staff recommendations. If the
Council so wished that as a caveat to this, they could add it to the part of the plat.
Meridian City Council Meeting
July 3, 2001
PIlge31
(
Is that correct? I mean the staff recommendation doesn't keep the Council from
making that position or it doesn't say that we have to do it.
Nichols: Mr. Mayor, Members of the Council. That is correct. Typically what we
put into the findings, depending upon the motion but with regard to ACHD's
report, they make site specific and they make standard requirements. We add
those site specific and those standard requirements unless we're directed
otherwise by the Council. The recommendation on the 76 home limitation, I think
it needs to be as I understand what's contemplated is that no more than 76
building permits would be issued before that road was available to connect
because the subdivision would be platted and all of the lots would be platted
under the current configuration. SO, if you say a specific number of homes, or
building permits before its connected to Fairview then we would include that as a
Council requirement.
Corrie: How about the speed bumps?
Nichols: Speed bumps as I understand it, Mr. Mayor and Members of Council, is
strictly within ACHD's jurisdiction but we can include the recommendation if you
will of the Council to ACHD that upon appropriate approval of the Parkdale
subdivision that those be added.
(Inaudible discussion amongst Council members)
Nichols: Westdale, pardon me.
Corrie: I just wanted to make sure that Council could make that notation in their
motion if they so desired. Any other discussion?
Bird: I have none Mayor.
Corrie: Okay. Hearing none, then I will entertain a motion first on the variance
request.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Even though that's listed, we have to annex and zone it before we can
legally -
Corrie: Okay, you're right.
Bird: - do a variance, cant we. It don't realty matter, as long as we do that.
Corrie: Okay. Then lets do the annexation and zoning first.
Meridian City Council Meeting
July 3, 2001
Page 32
Bird: Okay. Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we approve the annexation and zoning of 28.59 acres
from RUT to R-8 for the proposed Macaile Meadows Subdivision by Hillview
Land Development LLC, south of Fairview and west of Cloverdale Road, for the
attorney to draw up the Findings of Facts and Conclusions of Law and Decision
of Order with staff comments.
Corrie: Okay. (inaudible) motion. Do I hear a second?
Anderson: Second.
Corrie: Okay. Motion has been made and second to approve the request for
annexation and zoning of AZ 01-005 for 28.59 acre from RUT to an R-B and for
the attorney to draw up the proper Findings of Facts and Conclusions of Law and
staff comments. Any further discussion? Hearing none, Mr. Clerk, would you give
us a roll call vote please?
Roll-call: Bird, aye, Anderson,--
***End of Side Two***
Berg: Mr. Mayor. If I may, I'll roll call vote again.
Corrie: Yes.
Berg: Thank you.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, naye; Bird, aye.
MOTION CARRIED: THREE AYES, ONE NA YE.
Corrie: The next would be the request for Preliminary Plat of PP 01-006.
Approval of 115 building lots and 15 other lots on Macaile Meadows Subdivision.
At this time I'll entertain a motion on the request for Preliminary Plat.
(Inaudible discussion amongst Council members)
Corrie: Point of order --. Do we need to do the variance first? Or can we do the
Preliminary Plat and then do the variance?
Nichols: Mr. Mayor, Members of the Council. I would recommend that you do
the variance first and then the plat.
(
Meridian City Council Meeting
July 3, 2001
Page 33
Corrie: Okay. Since (inaudible) gone to school here, they're (inaudible). All right.
Let's go back. This is a request for a variance to exceed the maximum 1000-foot
length for the proposed Macaile Meadows Subdivision, VAR 01-007 for the east
and west roads, streets.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve the variance No. 01-007
request for a variance to exceed the maximum 1000 foot block length for the
proposed Macalle Meadows Subdivision by Hillview Land Development, instruct
the City attorney to draw up the appropriate Findings of Facts and Conclusions of
Law and Decision of Order.
Bird: Second.
Corrie: Motion's been made and seconded to approve the variance request to
exceed the maximum 1000 foot length for the proposed subdivision. Any further
discussion? Hearing none, (inaudible).
Roll-call: De Weerd, aye; Anderson, aye; McCandless, naye; Bird, aye.
MOTION CARRIED: THREE AYES, ONE NAYE
Corrie: Now, we will get to the request for Preliminary Plat.
Bird: Mr.Mayor.
Corrie: Mr. Bird.
Bird: Before we have a motion on that, I for one would like to because of the
concerns with the traffic and stuff which we all have, regards to whether we vote
aye or naye on this. The Highway District has asked that only 76 building lots be
given permits until another exit from Fairview or whatever could be done, or Pine
maybe if (inaudible) through. But with the Council's thinking, I would like to even
see that, they're asking for 115 which half of that would be about 58. I would like
to as a Council person knock that from 76 down to 60 building lots at this time
until another exit could be done, if the other Council would go along with that.
Corrie: Council, you heard the discussion on that. Further discussion from
Council?
De Weerd: I have no problem with that.
Meridian City Council Meeting
July 3,2001
Poge 34
Anderson: (inaudible)
Corrie: Okay. Then if there's no further discussion, I'll entertain a motion on the
request for Preliminary Plat for the approval of 115 building lots and 15 other lots
on 28.59 acres -
(Inaudible discussion amongst Council members)
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the request for Preliminary Plat for
approval of 115 building lots and 15 other lots on 28.59 acres in a proposed R-8
zone for the proposed Macaile Meadows Subdivision. To note the limitation of 60
building lots until a second access to Fairview or Cloverdale or an the extension
of Executive to Eagle be dOl1e. To note that the chokers must be landscaped. To
also note our request that ACHD approve the installation of speed bumps on
Driftwood. What else did I have? To include all staff comments and to have the
attorney to draw up the Findings of Facts and Conclusions of Law and Decision
of Order.
Bird: Second.
Corrie: Motion's been made and seconded to approve the Preliminary Plat with
the limitations on the building lots and other limitations as set forth in the
proposal, to include staff comments and for the attorney to draw up the Findings
of Facts and Conclusions of Law. Further comments, discussion? Hearing none
from the Council, roll caU vote.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, naye; Bird, aye.
MOTION CARRIED: THREE AYES, ONE NA YE
Continued Public Hearing from March 6, 2001: RZ-OO-005
Request for Rezone of 10.04 acres from R-8 to C-N for proposed
linder Crossing by Stubblefield Development - southeast corner
of Cherry Lane and Linder Road:
Corrie: Item No. 11. (inaudible).
Item 11.
(Inaudible discussion amongst Council members)
Corrie: Public Hearing continuation from March 6, 2001. A request for rezone of
10.04 acres from R-8 to C-N for proposed Linder Crossing by Stubblefield
Development, southeast corner of Cherry Lane and Linder Road.
Meridian City Council Meeting
July 3, 200 I
Page 35
(Inaudible discussion amongst Council members)
Corrie: We will open the continued Public Hearing and staff comments first.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I guess before we go into staff comments, I don't know why we're
hearing this until we see a plan. I really am somewhat concerned that we're
considering a rezone without a plan sitting here with it. I don't like to waste time.
Corrie: Okay.
De Weerd: So, you all know where I'm coming from.
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I wholeheartedly agree with the Councilwoman on that score.
Corrie: All Right. Is the developer here? Mr. Stubblefield or his representative?
Okay. I think that your comments are in order. I would suggest that we continue
this Public Hearing and notify Mr. Stubblefield or his engineers of what they want
to do and bring it forth to us. Either that or the Planning and Zoning. At least get
with our staff. With that in mind, I will-
Bird: Mr. Mayor. Is there any people here that are testifying?
Corrie: Is there anybody here to testify?
(Inaudible discussion amongst Council members)
Corrie: Yes. Let me fill you in on what's going to happen here. If we continue
this Public Hearing, we've asked that the developer come back. One of the
Council, actually 2 of them have asked that they bring back a plan of what they
want to do on this C-N. At that point, they will be given the proper notification of
the Public Hearing. You'll be invited back to that and you'll hear it when we hear
it. Then you can give your testimony at that time as well. However you can testify
now if you want. I don't know what we're going to testify against.
(Inaudible discussion amongst Council members)
Corrie: That's what the Council is agreeing on too. We will notify them and
there's more to it than is meeting the eye here, I'm sure. But we want to make
Meridian City Council Meeting
July 3, 2001
Page 36
sure everybody gets a fair shake here. Not only the developer but you too. Okay.
We just want to make that point very clear. With that being the case -
(Inaudible discussion amongst Council members)
Corrie: (inaudible) be by mail, by notice in the paper. Then we'll have -
(Inaudible discussion amongst Council members)
Corrie: Oh, yes. We have to.
Nichols: Mr. Mayor.
Corrie: Yes.
(Inaudible discussion amongst Council members)
Corrie: Hang on.
Nichols: Mr. Mayor, Members of the Council. If you continue this matter to a
specific a date, then the folks that are here will know what date that will appear
on the agenda.
Corrie: Or they could just deny it, --. You're right. I don't want to go there.
Nichols: Its just a whole lot easier if there's a specific date that everybody
(inaudible).
Corrie: I think you're absolutely right. That way you'll know when its going to be.
(Inaudible discussion amongst Council members)
Corrie: You need to come up here first. The Public Hearing is open. But, yes,
we can make this as part of your comment.
Gaffigen: My name is Michelle Gaffigen and I've seen you guys many times
before. I live at 1538 West 15th Street. I feel we should deny the closure, close it.
We have been here 6 times. It has been continued on several times, changed
twice. First they were going to do it. Then the developer backed out but it was still
Stubblefield, Hawkins, Smith, changing the zoning. Now its just Stubblefield
changing the zoning. He doesn't know what he wants to do with the property. I
say we just deny it and let him reapply again.
Corrie: Okay. Thank you. Council, I guess we do have that opportunity. Its
never come up before to me. Mr. Attorney can they just hear any other testimony
and then close it and deny it if they so wish?
Meridian City Council Meeting
July 3, 2001
Page 37
(
Nichols: Mr. Mayor) Members of Council. Although this is a rezone and
technically zoning decisions are considered legislative but because it's a rezone
as opposed to an annexation and zoning its considered a property rights issue,
So, any decision has to be made in a quasi-judicial capacity which means there
has to be a receipt of testimony which you then base your decision on.
Recognizing the frustration of those that have had to come and come and come
and nothing happens or its been continued. But at the same time, if the direction
to the developer is this is the day that its going to happen and on that date, you
need to be prepared to say what you're going to do, So, that that, if its approved
there's some things that might be tied into the zoning part of it through a
development agreement or something. I believe if you do it in that fashion then
you've got a much clearer path with regard to having a decision that would be
supported if it were challenged.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: You know I agree that that's probably - I'm would not feel
comfortable denying this without the applicant being here to respond. You know,
one thing you can say is, you deny this, its going to come back and you)re going
to have to be here anyway. And, we are kind of enjoyable people, I think. There
has-
(Inaudible discussion amongst Council members)
Bird: Some of us.
De Weerd: There has been some benefit from you coming. This is being
redesigned because a lot of the concerns of the residents. So, you have not
wasted your time. Who knows, he may come back with-something a little bit more
palatable for you.
(Inaudible discussion amongst Council members)
De Weerd: I believe we also should continue it to a date certain. Shari, does
he have a redesigned proposal for this?
(Inaudible discussion amongst Council members)
Corrie: We can't get you on tape. Your name again.
Gaffigen: My name is Michelle Gaffigen. We were told that the people who were
going to do the 58,000 square foot building, who did not want to be mentioned,
Meridian City Council Meeting
July 3, 2001
Page 38
(
has dropped out so there's no proposal of buildings anywhere on this. He was
just trying to change it from R-8 to C-N.
De Weerd: I would -be interested to hear from the applicant. If he doesn't
have anything in mind right now I would not be opposed to denying it at that
point. But I would like to hear from the developer first.
(Inaudible discussion amongst Council members)
Shirt: My name is Jan Shirt and I live at 1522 West 15th Street. The last time we
were here, when he came up and spoke, he actually said that he had no idea
what he was going to do with it at that point. So, I don't know if that makes a
difference but I just thought I'd let you know that.
Corrie: Thank you. Okay. Before we go any further, I think we better stop it here
and continue it to a date certain. And go forth with it.
Bird: Mr. Mayor.
Corrie: I'll entertain a motion.
Bird: I would move that we continue the Public Hearing for the request to rezone
of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Stubblefield
Development to August 24, 2001 and instruct staff to make sure that the
developer is aware of this and -
(Inaudible discussion amongst Council members)
Corrie: The 21s~
Bird: I beg your pardon? The 21st, I'm sorry. I was in July still. 21st. And to make
sure that the developer is aware of this and either come with a plan or withdraw
his application.
McCandless: Second.
Corrie: Motion been made and second to continue the Public Hearing on Linder
Crossing until August 21,01. Staff to please call and let him know what was said
in the motion. Any further discussion?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
Meridian City Council Meeting
July 3,2001
Page 39
De Weerd: I guess my question is, why are we continuing it so long? Either he
comes with somethingJ if its changed dramatically he has to go back through
P&Z anyway. Why are we delaying this until August 21st?
Bird: Well, because weJve probably got a full table until then.
Corrie: Okay. At this point unless you want to (inaudible).
De Weerd: Its already been seconded.
Corrie: I mean another preliminary motion. Substitute motion is what IJm trying
to point out.
De Weerd: I would give a substitute motion to hearing this on the 17th of JulYJ
2001.
Corrie: Okay. A substitute motion to have this heard on July 1ih, this month. Do
I hear a second? Motion died for lack of second. We go for the motion originally
stated. All those in favor of the motion for the 21st of August say aye.
MOTION CARRIED: ALL AYES
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Could we have a 10-minute recess before we start this next-
Corrie: Yes. Take a 10-minute recess. Then we'll come back on the Bridgetower
Crossing.
(Return at 8:40 P.M.)
Item 12.
Continued Public Hearing from May 5, 2001: AZ 01 -003
Request for annexation and zoning of 371.42 acres from RUT to R~
4 and C-G zones for proposed Bridgetower Crossing
Subdivision by Primeland Development Company for a planned
development consisting of residential, office and commercial uses
generally located at 2420 Ustick Road:
Continued Public Hearing from June 19, 2001: PP 01-005
Request for Preliminary Plat approval of 336 building lots and 58
other lots on 175.91 acres in proposed R-4 and C-G zones for
proposed Bridgetower Cros$ing Subdivision by Primeland
DevelopmentJ Co. lLP - north of Ustick and east of Ten Mile
Roads:
Item 13.
Meridian City Council Meeting
July 3, ZOO I
Page 40
Item 14.
Continued Public Hearing from June 19, 2001: CUP 01-006
Request for Conditional Use Permit for 692 single-family lots, 59
townhomes, 17 office lots and 10 commercial lots on 370.55 acres
in proposed R-4 and C-G zones for proposed Bridgetower
Crossing Subdivision by Primeland Development, Co. LLP -
north of Ustick and east of Ten Mile Roads:
Corrie: I'll call the Council back to order from our recess and open for items 12,
13 and 14 which is the --. Item No. 12 is request for annexation and zoning of
371.42 acres from RUT to R-4 and C-G zones for proposed Bridgetower
Crossing Subdivision. Also continue the Public Hearing for the request for
Preliminary Plat of Bridgetower Crossing Subdivision. Also for a request for a
Conditional Use Permit for 692 single family lots, 59 town homes and 17 office
spots and 10 commercial lots on 370.55 acres of the proposed R-4 and C-G
zone for Bridgetower Crossing Subdivision. At this time I will open the continued
Public Hearings on all 3 items, 12, 13 and 14. Since this is a continued Public
Hearing, from May the 5th, staff can you kind of help me realize where we are
here?
{Inaudible discussion amongst Council members)
Corrie: Have we ever started this at all?
Stiles: No sir.
(Inaudible discussion amongst Council members)
Corrie: With that being the case I will open the Public Hearing and we'll have
the developer give their testimony since we are doing it on all 3 at one time. I will
allow 10 minutes for the developer. If you need it you can take it. If you don't
need it thank you. Then we'll have Public Hearing from the public for and against
it. Limit it to 3 minutes then a rebuttal from the developer of anything that comes
up in those other Public Hearings. At this point, developer, Becky Bowcutt.
(Inaudible discussion amongst Council members)
Corrie: Staff do you want to go first? Becky, let the staff go first. Then you can
really lay it on us then at that time. Thank you staff.
De Weerd: You're being kind though this time.
Corrie: Yes. We'll cut you down to 5 minutes there.
Bird: How about 3?
Meridian City Council Meeting
July 3, 200]
Page 41
Corrie: All right, staff.
Stiles: Mr. Mayor and Council. This request is proposing for annexation and
zoning and zoning of the entire acreage. However the Preliminary Plat is. not
being submitted for approval on the entire acreages at this time. They're
proposing a commercial zone on the southwest corner, or the southeast corner of
McMillan and Ten Mile Road. Also north of here, is also proposed as a C-G
zoning. The remainder of the property would be a request for an R-4 zone. At this
time the plat itself would include the areas generally in this part of the
annexation. They do propose a future school site in this area and they would
need to come back at a later time for the platting of that property. Initially they
had requested that it be a phased annexation and the legal counsel had
determined that that was not a possibility and that they did need to annex the
entire property at this time. They're proposing office uses along Ten Mile Road
and also some townhouse units in this area. They have done this as a planned
development since the new planned development ordinance has been adopted
by Council. They are using that to have their exclusion for other uses as part of
that 20 percent exception in the planned development. As part of their
Preliminary Plat they are also proposing a redesign of a previously approved
Preliminary Plat. I'll show you how that was initially approved. They do have a
park area adjacent to Ustick. This is the new configuration. Something has
happened to my -
Anderson: That's a landing zone.
(Inaudible discussion amongst Council members)
De Weerd: What engineer drew that one?
Stiles: I don't know.
(Inaudible discussion amongst Council members)
Stiles: I don't know what happened to that figure. The major differences
between the previously approved Preliminary Plat and this one is, where
previously they had shown a frontage road adjacent to the park area, they are
now showing lots backing up to that park area. We had to put it on several
different sheets because we couldn't get it down to a legible size. All of the uses
that are not single family residential or any of the commercial or office uses, they
will need to come back with a conditional use for those parcels. SO, the
configurations that are shown for those commercial areas are not being
requested for approval as part of this development. In our original staff report, we
had expressed concern that there was no access to McMillan Road. They do
have a collector coming through but it ends and the only access to the school site
would have been off of this roadway. Staff did not agree with that. We did request
that they have at least one access to McMillan Road and Miss Bowcutt has come
Meridian City Council Meeting
July 3, 2001
Page 42
in with a revised plan that would show in the future they do have a connection to
McMillan Road. But that will be discussed at a future date when they come in
with the plat for that subdivision. This is part of the white drain area. The
easements are being secured for extension of the white drain sewer trunk'line
through this property. Their clubhouse is part of their original subdivision
proposal that would have the clubhouse here with the park. They do have trails
and some open spaces that they've incorporated through the development. The
staff recommendation and the recommendation from Planning and Zoning
Commission was to approve of the annexation and zoning and the plat. There is
a point of clarification on your recommendation from Planning and Zoning
Commission on page 3 under item 2. It shows the recommendation that this
parcel north of McMillan not be annexed at this time as it's not part of the white
drain and is therefor not part of a priority area for development for the city. I
believe that at the Planning and Zoning meeting they did discuss that and the
staff had removed that comment from their recommendation because it would be
served by the white drain and is not part of the north slough trunk. That would
need to be removed as part of the recommendation unless you determine
otherwise. With that, I'll let Becky do her show.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Shari, the property there that is not being annexed, does Primeland not own
that?
Stiles: This little piece right here?
Bird: Yes, that little piece right there.
Stiles: Yes, that is an enclave. Its owned by another party. There are existing
structures on the property. It would be this area right here. I have been presented
with another figure showing a possible future development of that piece with a
stub street going into the property and coming back out to McMillan Road. The
way they have it designed right now, there is a road that would abut the southern
boundary of that parcel.
Bird: Thank you.
Corrie: Any other questions for staff at this point? Okay. Becky, you're up.
Bowcutt: Becky Bowcutt. 12715 West Edna Court Boise. As Shari indicated
before you this evening, is a request for annexation. Also a planned unit
development on the entire property and then a Preliminary Plat on a portion of
this property. We've worked over a year in the planning phase of this project.
When we submitted application, we submitted application of the property in its
Meridian City Council Meeting
July 3, 2001
Pa.ge 43
entirety and paid all those applicable fees. We did request, originally, that this be
annexed in 2 phases. It was discussed extensively at the Planning and Zoning
Commission. It was a determination of your legal counsel that they weren't sure if
that was a viable option .-The reason that we proposed it was for the fact that this
is a 10 year project and when we annexed this 22 acres down here with phase 1,
the taxes went from $21,000, or the value of the property, excuse me, went from
$21,000 to $780,000. We havent even recorded the plat on it. So, we were
extremely concerned about annexing the whole thing and being imposed with
taxes on property that's still technically being farmed and wouldn't be developed
for possibly 8, 10 years. But, we accepted the determination of your legal counsel
and the determination of your Planning and Zoning Commission that they didn't
feel that that was feasible to annex something even if it was set forth in a
development agreement. We had r had it originally that it would be triggered with
the second Preliminary Plat submittal, which we're beginning work on at this
time. So, we just bit the bullet and said okay. Hopefully the tax assessor will
cooperate with us. The property in its entirety is 371 acres. On this 371 acres, we
have multiple uses. Along tbe arterials we're proposing office so that we're not
sticking single family residentii:lI up to potentially 5 lane major arterials in the
future, In your Comprehensive Plan, this is designated as single family here. Up
here at this intersection, its designated commercial and mixed planned use
development on your current Comprehensive Plan map. We have asked for
everything in this particular section to be R-4 and then came in under that
planned unit development ordinance asking for that exception. If you recall, it
allowed up to 20 percent exception. What's before you now is 13.25 percent
exception. That just basically covers the office here and then this is the
townhomes and the commercial here. We have 59 town homes. We propose 59
townhomes here. These lots are 50 feet by approximately 115. These would be
single level dwellings in POds of 2. We do have one odd lot since we have 59 that
I've got to figure out how to compensate for. These are the types of units that we
want to construct. These were built in Idaho Falls. They are a single story unit.
The garages come in from 2 different directions. One is a side entry. One is a
front entry so that you don't get your typical, you know, all garage front elevation.
These are very attractive. Typically the people that purchase them are empty
nesters looking for smaller yard but yet nice amenities and a decent house. I
apologize for the snow. That was Idaho Falls. The office that we propose along
Under and along Ten Mile will be single story office with a residential character.
We've done the same type of development along Eagle Road, just south of
Chinden in the Legends subdivision that I designed and these particular
developers constructed. They set forth a very rigid criteria for any potential users.
Most of them are orthodontists, doctors, oral surgeons, dentists. That's the type
of development that we get. None of these lots will have front access, or direct
access onto the arterials. All of them take access on an interior driveway that is
25 feet wide which matches your requirements of your ordinance. All the
buildings are set up against the roadway. They're setback according to your
landscape ordinance of I believe 35 feet. That's what, like the City of Boise has
been promoting under the new urbanism so that we don't have parking lots right
MerIdian City Council Meeting
July 3, 2001
Page 44
up against the roadways. But we have buildings with parking lots in the interior so
we don't have so much asphalt. One would come in this collector roadway,
there's a driveway that comes all along the back for access to all these offices. It
also comes and interconnects into this loop here in this commercial lot. Then
there's also a vehicular access that comes down into this cui de sac or
townhome area. So, if a resident within the townhome area wanted to drive over
here to the video store, if that's what it was, they'd come in right here and back
this way. Hopefully they would walk but if they choose to drive. The same holds
true for the residents in here. They have a route to stay off of their (inaudible) and
come in this direction or come in down this direction to access office or access
commercial. The same is true here. We have no direct lot access on any of the
arterials. ACHD commended us on this when we took this before their
commission and they did their preliminary review. We designed these collector
roadways that run from Linder to Ten Mile and down to Ustick. Your staff asked
us to evaluate some type of a vehicular access to McMillan Road. We looked at
different options. We felt the most versatile option was to come in here with a
public roadway that would have no front on housing. The school site is located
here. This is just their common~ footprint. So, how this develops would obviously
be up to the school district but this gives them multiple options. They can come in
off of our collector roadway which we have no access from our residential
(inaudible) ~~.
Corrie: Becky.
Bowcutt: Yes sir?
Corrie: Excuse me. Could you put that up on (inaudible) and use the mike so
that people back there can see it as well. Thank you. I appreciate that.
Anderson: Stop the time while you move. Then you have 5 minutes left.
Corrie: Did you hear our time keeper?
Anderson: We stopped the time while you moved but you've got 5 minutes left.
De Weerd: (inaudible)
Bird: Oh, he's okay.
Corrie: Okay.
Bowcutt: The school will have a choice of access here. They'll have no conflict
with our residential access since the closest approach is here and located here.
This could function if they wanted to rotate the school around, they could come in
off of McMillan this direction. If they so choose they could work with the Highway
District and have a direct access off of McMillan. All of our approaches are 440
Meridian City Council Meeting
July 3, 2001
Page 45
feet from edge to edge. That would be from a future 5-lane type roadway, so we
will be in compliance with ACHD standards when these intersections are built out
and signalization is completed. We have extensive landscaping within the
development. There's approximately 56 acres of landscaping and that does not
include the 12.7 acres for the elementary school site. Under the amenities of your
PUD, we're required to have at least 10 percent open space. We have almost 15
percent open space. We're also required to have an additional amenity. We will
be constructing a clubhouse and swimming pool right here at the center of the
section. We also, as you recall, in phase 1 we have a clubhouse and pool down
here next to Ustick. Another change that we made. Originally when we brought
the first Bridgetower to you, we had a loop that terminated here and we thought
the school wanted to be located here. They said they have too many elementary
along the Ustick corridor and they needed one on McMillan. That Is why we
made that change. It was at the school districts request. So, basically an we did
here was extended this loop. In doing that we had a 4-acre park here next to our
clubhouse. That allowed me to allocate 3 additional acres so our private park is
now 7 acres located next to Ustick Road. The overall density for the residential is
2.25 dwelling units per acre. We have varying lot sizes. The townhomes range
from 50 foot in width and we have lots that go up to 105 feet in width. We have
lot depths from 114 all the way up to almost 160. So, we're looking at 5500
square foot. Then they go all the way up to one half acre. As we move to the
interior of this development, the lots get bigger. They're smaller out here on the
perimeters and then they get larger as we move to the interior. We have the
white drain, which historically traversed this property like this. We've been
working with Settler's Irrigation District on obtaining approval to relocate that. Our
preference was to relocate it and create a water amenity with pathways and
interconnecting ponds along that waterway. After meeting with their board the
second time. Their board stated that the only way they would allow us to make it
a water amenity is if the City of Meridian indemnified them as they did Nampa
Meridian and that the pathway became public. They sent a letter to your Planning
and Zoning Commission and said that the district's preference was that we pipe
the white drain, relocate it and pipe it. Then they called me back after that letter
was sent and said, well, we are open to the idea of possibly leaving it open and
as an amenity. One of the problems I ran into is they said we don't want you to
connect your ponds to it and we won't allow any discharge into it for storm
drainage even predevelopment flow. They will not accept Ada County Highway
Districfs flow either. I'm working with them and I'm trying to get them to come
into our overall group to try to help do this master planning on this north Meridian
area. They have agreed that they will be a participant because its important as
far as the cost of constructing these arterials to these 3, 5 and 7 lanes roadways
that ACHD have some mechanism for discharge of storm drainage. They're just
going to have to work with our group and help us deal with some of these
situations. Ada County Highway District Commissioners saw the project but did
not act upon this based on your recommendation that they hold off. We did
receive a staff report that deals with the Preliminary Plat only. We did an overall
traffic study for the project in its entirety. However we have not got a staff report
(
Meridian City Council Meeting
July 3, 200 I
Page 46
on the PUD but we do have a staff report on the Preliminary Plat. One thing I
want to mention back to the white drain. I stated it at the Planning and Zoning
Commission. I will state it here. We are going to create a water amenity, whether
it be a natural water amenity or an artificial water amenity with interconnecting
ponds such as Two Rivers has. We will be doing water amenities. We've
allocated substantial open space for that. We will be doing detached sidewalks
aU along the collector roadways. We also have allocated substantial amount of
room for the cemetery. I want to bring that to your attention. The cemetery is right
here. Its very small compared to the room that we've allocated it. We're going to
leave it in tact. It has fencing around it. Then we're going to very tastefully
landscape around it and make it part of that open space along that collector. But
do it in a fashion that is respectful and will also protect it from vandalism. We
need it visible. My time is up. Do you have any questions?
(Inaudible discussion amongst Council members)
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I have one question Becky. I guess its relating to the roads because
we talked about Ada County Highway District and with all the development that's
slated to go in that north Meridian area there and they've talked about the need
to widen some of those roads. If we approve this project now, I think we're kind of
a little bit premature because they don't have the plan and the mechanism yet in
place for funding of those roads to be widened. Is there something, I guess, I
mean that could be worked out where you guys can be a participant in there. I
mean if you're the first ones in and you jump in under that and then they put all
their plans in place to collect fees from the developers that would allow them to
widen the roads. I mean it seems like we'd be behind the 8 ball already.
Bowcutt: I think I can answer that question Mr. Mayor, Councilman Anderson.
That was brought up at Ada County Highway District. What we agreed to on the
record was one obviously, we're paying I think almost $68,000 as our
proportionate share of the future signals at some of these existing intersections.
Secondly, they've asked us to do decel. lanes and thirdly, they put the question
to us, if we implement a overlay district with a special assessment or a special
impact fee, would you be Willing to have that fee imposed upon your project,
even if your project were to be approved prior to implementation of that fee? We
went on the record and said yes, we would agree to it. We have no intentions of
getting under the door and being the only project that would not have to pay any
special impact fee as far as the roadway improvements are concerned. We
agreed, I think their staff asked for a letter from the developer to be sent to the
district prior to the district's approval of this project stating that we will agree to be
subject to any special assessments that come about over the next few months of
negotiations. One thing that the Highway District Commissioners brought up was
Meridian City Council Meeting
July 3, 200 I
Page 47
the fact that we don't know how long this process is going to take. The special
assessments like in the foothills took, I think it took over a year for them to come
up - What is an equitable fee. I guess from our perspective you know with the
trunk line getting ready-to take off. With our first phase under construction we
would like to get moving. We are willing to do our part. We talked to a couple of
the commissioners, Commissioner Eastlake, in particular about not when we
would dedicate right-of-way but ACHD would not have to pay for it on the front
end because they don't have the monies to do that. So, basically the developer
would dedicate those right-of-ways and then as these homes come on line over a
10-year time frame then years down the road, you would get paid for your right-
of-way. But you would get paid on the back end as they build up their kitty. Right
now the kitty's empty so they don't even have the monies to go out and purchase
that right-of-way. The other thing that we talked about was possibly the
developers making some of these roadway improvements. ACHD's costs are
escalating through the roof as far as what it costs them per lane mile. Based on
our calculations the development community can do that for less than 50 percent,
even less than that under certain circumstances. So, some type of partnerships
where maybe the developer goes in and maybe he puts in 3 lanes in addition to
the 2 that are there, or 5 or whatever they determine. This project is a 10 year
project. We started on Ustick. The second phase will be on Ustick. Then the third
phase will be out On Ten Mile Road. I guess our concern is once we get that first
phase going, you know you have a certain momentum, a certain commitment to
builders and the community. You know we want to get our clubhouses
constructed and so forth. We just can't sit and wait 12 months or 18 months or 6
months. It scares me. We kind of got a head start on the rest of the development
community on our project because we knew what we wanted and we thought we
knew what you guys wanted. I think we've hit the nail on the head. A good plan,
mixed use, varying densities, varying uses, intersection protection, collectors,
schools, open space, pathways, micro-paths. We've put it all in here and I think
we've got a real, real nice project, the best I've ever worked on. Did I answer
your question?
Anderson: Yes. That and a lot more. You talked about in there you know the
possibility of buying this right-of-way that they could pay you later. How would
that work? Instead of dealing with one developer that owns that land, they would
have to deal with each individual property owner at that point, to buy the right-of-
way from them?
Bowcutt: Well, as you can see, we own almost a mile there with the exception of
the out parcels. There are 3 out parcels there. We own a half mile on Ten Mile
and then a quarter mile on Under and then quite a bit of frontage obviously on
Ustick. Are you talking about the out -
**"'End of Side Three"'''''''
Bowcutt -- the part of the project? Is that what you're -
Meridian City Council Meeting
July 3, 200 I
Page 48
Anderson: I'm talking about the people that live around the perimeter. If you sell
those lots to those individuals then ACHO later on is coming back to buy right-of-
way from them. - .
Bowcutt; NO, no. As the plat was recorded, the right-of~way would be dedicated
just like it is today. But the developer, the way it works now. When we record a
plat, a letter goes out to the developer. It says give me your tax 10 number we
need a certified description, an area. Then ACHD sends them a check for
whatever they determine the either assessed or market value of the property is.
What ACHO is saying and what the development community has said that we
support is that we record the plat, the right-of~way get dedicated but you don't get
paid until years down the road. It would be very similar to your late comer fees for
water and sewer expansion. You do your thing and put it in and you get paid later
when we get money.
Anderson: Did I hear you correctly to say that the only thing ACHD was asking
you for was 68,000 for improvements to intersections?
Bowcutt: $68,000 for our --
Bird: Signal lights.
Bowcutt: -- our percentage of streetlights plus they want decellanes and then
they would also want turn lanes. We will have intersection improvement as the
commercial and you know the office, the stuff at the intersections comes on line.
Anderson: So, its mainly improvements to the intersections in the area?
Bowcutt: Right. Then sidewalks. We obviously would be required to install
sidewalk along all the arterials.
Anderson: What was the discussion you talked about possibly ACHD mentioned
maybe having the developer go ahead and widen a section of road? What were
those discussions?
Bowcutt: The discussions were to the effect that one of the problems we have in
the community now is we have subdivisions where Cloverdale Road, like you
were talking about is a prime example. That area is almost at 100 percent build
out, yet we still have a 2 lane substandard arterial with no sidewalks or
intermittent sidewalks. ACHD said we need to get ahead of the game and start
putting these improvements in as the developments are going in so you don't
have a 10 year lapse where the roads are exceeding capacity or at capacity. One
of the things that we were talking about is possibly coming in and adding
additional lanes, the developer adding additional lanes. Since they collect impact
fees, they've been able to get us to do decel lanes and turn lanes but they
Meridian City Council Meeting
July 3, 2001
Page 49
haven't because they collect those monies through impact fees, they cant force
you legally to install a 5 lane section of roadway in front of your project. Its illegal.
That's where the law reads. What we're trying to do is do some type of a
partnership. They can do a partnership where the developer is reimbursed but
reimbursed as they get those monies in from the impact fees. SO, the developer
basically acts like the banker but puts them in. That's what we're trying to get to a
more cost effective way and a better way to get these roadways or these arterials
improved in a timely fashion, not 10 years after the developments are built out.
Anderson: To be honest with you, I mean that's one of my major concerns is
getting the roads, getting the infrastructure there. With smaller subdivisions when
you're talking about coming in with 100 or 200 homes then its not feasible to look
at you know having the developer go ahead and develop a full mile section of
road or whatever. But something of this size, I mean you're talking 1000 in this
area, just in your project let alone some of these other parcels that there needs to
be those widenings of those roads and hot just the intersections. I mean you can
have intersections that will have traffic lights and flow 2 lanes but if you've only
got single 2 lane roads running up to them, you're still going to be stacking the
traffic getting there. It seems like the last option that you talked about working
with ACHD to maybe do a partnering with the developer to get these roads
improved at this time is the option that I would definitely prefer.
Bowcutt: One thing to keep in mind Councilman Anderson and Mr. Mayor. This is
a 10-year project. We have 7150 residential units in here but that's over a 10-
year time frame. You guys are running what 700 permits a year. We're hoping
that 100 of those would be us. That's what we're hoping. So, you know, you're
not going to go from today to this time next year with automatically 17,000 new
trips on the roadway. You know, its going to be over 10 years. But we do want to
see these roads improved, not after the fact. We are willing to cooperate. I've
been assigned by my clients to work with this development group. We had a
meeting with Smart Growth yesterday and they brought in some consultants from
out of state. On e of the things we (inaudible) was creative ideas on doing things
different. How can we do things better and more cost effective? Right now,
ACHD, everything is gold plated and I told the Highway District that you guys are
getting like Boise Parks Department where somebody can go build 2 restrooms
for $20,000 and yours cost 240,000. I mean, their standards have gotten out of
whack and even their civil engineers concur. Susan Eastlake said I agree 100
percent. Now's the opportunity for us to look at some alternatives and lets get a
bigger bang for our buck. That's what I think these group meetings you know are
going to bring forth. Some new ideas and some better ways of cooperating with
the agencies to do this infra-structure. I know this project is big. The biggest you
guys have ever seen. The biggest I've ever seen. But we've got to start
somewhere. I guess one thing that we look at is, is what is the existing capacity?
ACHD admitted existing capacity is there to provide service to your development,
no doubt about it. But when we look at the big picture, at some point in time
Meridian City Council Meeting
July 3, 2001
Page 50
sornebody's going to come up here just like I am down the road and you guys are
going to have to say no the capacity is all used up. So, we've got to think ahead.
Anderson: And to be honest with you, that's not that far down the road because
they're right behind you.
Bowcutt: They're behind me. It is market driven. If this market continues or
accelerates, you're right that 10 years could go down to 7, could go t06. Some of
these subdivisions have developed faster than we ever thought they would. You
just don't know. But we are doing everything we can and allocating the resources
necessary to get these questions answered and to get some solutions to this
north Meridian area. We will continue to be a participant and honor any
agreements that are binding upon the rest of those that come behind us.
Corrie: Becky, I'm sure that you know and that Council knows that we're
working on these partnerships to do just exactly what you're saying. You're kind
of blazing some new trails here that is going to take a pretty good look at what
this whole 12 square miles is going to have to be done. I think by working
together, partner-shipping it can be done. That's what we know and I hope the
public certainly realizes that as time goes on. As Councilman Anderson says, 10
years is a very short time.
Bowcutt: Yes. We've seen a lot happen in Meridian in 10 years. I concur sir.
Corrie: Any other questions of Becky at this time?
Bird: Not at this time.
Corrie: Okay. Thank you Becky. This is a Public Hearing and we invite the
public comments at this point Is there anyone here that has comments for the
development at this point? Okay. Hearing none, start now with anyone who has
against, I think we have --. Have they signed up back there Will?
Berg: We have some right on the line.
Corrie: Right on the line? Okay. There's for and against and they're on the line.
All right. Lets, Brian English. Brian you're leaning one way. Okay.
Bird: Mr. Mayor.
Corrie: Yes.
Bird; We need to also before Mrs. English comes up here, on the 3rd today we
received a letter from the English's I believe, I don't know if the applicant has got
this letter or not. Do we need -
Meridian City Council Meeting
July 3, 2001
Pllge51
(Inaudible discussion amongst Council members)
Corrie: That's the one -
Bird: No, we got one -
Corrie: Dated June the 3rd.
Bird: ~~ June 3,2001 and we received it today.
(Inaudible discussion amongst Council members)
Corrie: June the 3rd and we received it July the 3rd,
Unidentified Speaker: I handed it to (inaudible) --.
Corrie: Oh, you handed it? ,
(Inaudible discussion amongst Council members)
Corrie: Okay, we need to make sure that she has a copy of this.
Bird; We also need to-
Corrie: We'll make that his part of the public testimony and I think that Brian and
Margeretha is going to be talking today too.
M. English: Margie English, 4650 North Linder Road Meridian. We are this parcel
right here. We've been trying to understand and practice this project since it
came up at Planning and Zoning. I must admit that I believe that the developers
are doing some good things here. They are really trying to make some effort and
frankly I was delighted to hear tonight that there's going to be a change to
provide access to McMillan Road which was a major concern for us and is
identified in our letter in item 7 and also in item 5. I wanted to, I'm not going to go
over everything that's in our letter right now. I think you can read that. But I just
wanted to discuss a couple of other things that 0 heard tonight. My
understanding from our partiCipation in the April 30th meeting with ACHD is that if
this subdivision is the only one to go forward in the area, the existing
infrastructure can handle it. That's my understanding form the discussion.
However, my understanding also is that the existing infrastructure did not
necessarily take into account developments that are currently on going such as
Turtle Creek, which is off of Linder Road. I'm not sure in my own that the existing
infrastructure can handle the proposed subdivision at this point. I guess I just
want to add my voice to the caution here that we be very careful in proceeding. I
can appreciate that the developer is concerned that they're holding property
that's costing them money. Its costing them quite dearly in taxes and that that
Meridian City Council Meeting
July 3, 2001
Page 52
causes concern for Miss Bowcutt in having to have it delayed to figure out the
road structure. Also, it scares me because I'm sitting on that property and this is
where I live. We're not talking 100 homes. We're talking an eventual 750 homes.
The road that comes out towards us that provides access, there was discussion
hearing, an additional 3,000 vehicle trips per day on that. The Linder Road
intersection is already very, very crowded and very difficult to get through in the
morning. I want to add my voice to be sure that we're very careful here with what
we do as far as the approval. I was interested in this idea of partnership that was
discussed tonight but I'm wondering is there any documentation on these
partnerships and what will ~~? Do we have anything concrete about what will
come out of them? I think we should have that before a project of this size and
this magnitude gets approved. I guess that's all other than what's already in our
letter. The concerns in our letter right now are largely the traffic and concerns
with the traffic study that was done. Thank you.
Corrie: Thank you. Brian.
B. English: Brian English 4650 North Linder Road Meridian. I have the concern
with the traffic. I have the concerns that we raised in our letter to the Planning
and Zoning Commission. Some of those were passed on to you for a decision.
They were not decided by the Planning and Zoning and I would ask that that
letter be taken up and looked at. I have a concern with the development in pieces
the way they're doing. They're adding a road, ACHD has not looked at the
eastern half for traffic of this subdivision. The plans are not approved for the
eastern half of this subdivision and yet by approving the western half we're
setting a lot. A lot of things are going to be set. The increased housing density is
on the western half and yet you're going to have to develop the whole space in
order to get the 20 percent or the 15.3 percent that Miss Bowcutt was talking
about. Your Preliminary Plat for your western half relies on the Preliminary Plat
on the eastern half which has not been reviewed or approved, ACHD has not
reviewed or approved it. There are going to be issues that can come up with that
second plat. Things that might come up then that are too late because the west
was already approved and developed. Our biggest concern though is the traffic.
Right now Chinden cannot handle the traffic it has. You go drive on Chinden
Boulevard 5:00 at night. You have a solid line of cars from Linder Road all the
way back to Eagle Road, sometimes all the way back to Cloverdale. It cant
handle, we're adding, the primary traffic flow is at Chinden and it cannot handle
it. Linder Road, in our letter we questioned whether you should look at the traffic
for evening peak or morning peak. Morning peak is when Eagle High School
traffic goes. All the students from all the subdivisions in this area go out Linder
Road to get across the river to go to Eagle High School. You have e 10-minute
shorter commute for me in the morning now, then I do during the school year
consistently. Its that much of a difference and I'm on those roads for 3 miles.
That's the difference in traffic. That's what I'm concerned about. Thank you.
Corrie: Thank you Brian. Mr. Tom Anderson.
Meridian City Council Meeting
July 3, 2001
Page 53
T. Anderson: My name is Tom Anderson. I reside at 2795 West McMillan Road.
We are in the out parcel there off of McMillan Road. As you can see, our property
is significantly impacted by this development. But we are not opposed to. this
development. There is some confusion regarding a waterway which borders our
property. This waterway is not just a drainage for irrigation but has fresh water
running thorough it year round. It is a natural habitat for wild life in our area and it
adds aesthetic value to out land. We feel this waterway is an amenity to our
property but we understand it is to be moved and final plans have not been
clarified from Settler's Irrigation as admitted by Miss Bowcutt this evening. Also
our concerns about landscaping buffers have been ignored. Thank you.
Corrie: Thank you Tom. Anyone else to give testimony? Okay. Becky, do you
have answers?
Bowcutt: For the record, I have read the English's letter. Its similar to a letter
written in April. I'd just like to go on the record and state there is a drainage ditch
that comes through their property and picks up wastewater. It does exit and go
west through our property. I have indicated to the English's that we will cooperate
and coordinate with them on the piping of that facility that we cannot interfere
with any natural drainage. They've asked us to work with them on mitigating any
lights from this entrance that may shine into their windows. We always have a
littJe bit of flexibility in how that outbound lane is positioned. I told them that I will
coordinate with them on that issue. As far as traffic is concerned. With Linder
being the river crossing obviously it does carry a lot of traffic up there around that
Chinden area. I know there's discussions on an additional river crossing further
west. Until that happens, obviously Linder is going to be popular with the high
school out there in that Eagle are. There's not a lot that I can do about that. The
other thing brought up was the PUD versus the Preliminary Plat. We had to
design the property in its entirety in order to make sure that everything fits. That
white drain trunk has to come through there. It was the preference of the city that
that be placed within a public roadway so, we pushed ourselves very hard. We're
behind schedule and I know we caused some delays for Gary but we pushed
hard to get this tied down. That's why we designed everything because
everything's got to interconnect and everything's got to work, all the pet paths,
pathways, roadways, collectors, everything fit together like a puzzle. We are
asking for Preliminary Plat approval on this area here, this area here and then
these lots right here. So, you'll be basically approving the annexation in its
entirety, the planned unit development in its entirety, conceptually for the office
and commercial. As Shari indicated they've got to come back through with a site
specific conditional use. So, they'll have to go back through the Highway District.
They'll evaluate their impact on traffic depending on the intensity of the uses.
They'll have to come back before you and your staff to evaluate their
landscaping, parking and design. There'll also be new Public Hearings and
opportunity for public input. The Preliminary Plat we basically sectioned this off
because that's what made sense. We still make our collector connection here
Meridian City Council Meeting
July 3, 2001
Page 54
and out to Ten Mile so we have secondary means of access to meet the fire
departments requirements on the interconnectivity that's necessary. We didn't
have any choice in doing that. I think the neighbors should be happy that I've got
to come back through with a Preliminary Plat here because we'll look at this all
over again and evaluate the impact and a year down the road or whenever that
comes before this body and the neighbors have an opportunity, I'm sure there
will be more things that will crop up that will give us more insight into how this
area is going to develop and what's going on out there? What is this partnership
going to be about and that criteria. Mr. Anderson, I've been working with a friend
of his that's a civil engineer to try to make sure that we accommodate their
needs. There are 3 parcels here. He owns the largest. The property drains to the
south. The white drain came through here and exited there. In my conversation
with Settler's Irrigation District I voiced to them that Mr. Anderson was not very
happy about us relocating the drain. Settler's Irrigation District responded, the
drain is ours. That is our facility. We are a proponent of relocating it and
improving it. We're always in favor of improving a facifity and enhancing our
access to it and minimizing >ou~ maintenance to it. Now, what we need to do for
Mr. Anderson, is make sure that we can accommodate his natural drainage. So, I
pushed this block down and I've got landscaped area here. I added another
landscaped area here. We would also create another pathway between these
pods here so we can get his drainage down to the drain. I also did a concept on
their parcel that I took to the engineer accommodating for their homes and giving
them the option of a stub street connection here or a stub street connection on
their south end. This particular fashion gives them more Jots. They don't have the
burden of turn around. They still have interconnectivity to me. We also would not,
this pod if it goes straight out would be more apt to dump traffic out to McMillan
through this future development. So, we'll also have to stub sewer and water to
them under your old city standards. I've always been a proponent of working with
the neighbors and making sure that they are aware of what we're doing. That
we're cooperating with them. That there is no questions, no property damage and
that they're happy and pleased. My record stands for that. Do you have nay
questions?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: So, you showed them that concept?
Bowcutt: Yes, I faxed it to their friend on Friday and I gave them a hard copy this
evening. Based on the property configuration they would have to obviously
cooperate with each other. There are 3 parcels there. Mr. Anderson owns the
largest right in through here. There's a parcel here with a little tail that comes
down and there's a parcel here that has just an easement access out to
McMillan. What I show is, potential redevelopment of them. If they could
coordinate with each other then this would be one of the few, there's very few
Meridian City Council Meeting
July 3,2001
Page 55
options the way the parcel is configured. We've done that so they can kind of get
an idea of how it could redevelop and then I gave it to your staff because your
staff was concerned. One problem we have is, we stick stub streets places and
then the parcels come in and get laid out and then people go well, that was a
stupid [place to put the stub street. Because this is so small it was very easy to
kind of sketch it out so they could look at their alternatives. What I told the
engineer, who is a friend of theirs, that if they wanted a stub street to the south
we could accommodate it. If they want a stub street out to the east, we can
accommodate that. They have a couple of options. This just gives them some
ideas.
De Weerd: Becky, what kind of buffering? You have a real high density with the
duplexes there, or townhouses just to the west of their property line. What are
you dong along that area?
Bowcutt: Well, they'd all be single story. They would only be in pods of 2. Those
lots I think are 100, I think those ,are 120 feet deep up against them. So, they're
not real shallow. It's never a good idea to try to put some landscape strip corridor
behind lots when eventually they're going to redevelop. Here you end up with this
strip back there that mayor may not be maintained in the future. I never thought
that was a good idea when you're talking residential to residential. IF I had say,
commercial or office next to them, obviously your own landscape ordinance
requires that we put landscape buffering in since it's open to parking lots and so
forth. That's easily maintainable. We're not creating corridors.
De Weerd: Well, yes, but just like in another application that's talked about,
you're talking transitioning too. That's a large county lot. Who's to say they're
going to redevelop? I don't know if they're developing or not.
Bowcutt: In the future they may. Who knows? You've got to understand that
you're up on McMillan too which at some point and time is going to be a 5-lane
highway. The condition today is not necessarily going to be the condition a few
years from now. You go and you put low density there, then you end up with
things like, you know Banbury was a good idea when it first started too until they
built Chinden out. Now, here you've got high end low density right up next to a
major intersection, Eagle and Chinden. Those people were a thorn in the side to
lOT for a long time when they did the rebuild.
De Weerd: In an ideal world that works great. But, you look at all the enclaves in
the City of Meridian and that's people just like to have their large piece of
property. You know you still have to somehow buffer. Have you talked fences or
trees or anything like that?
Bowcutt: I have not. Mr. Anderson and I spoke briefly after one of the meetings
and I told him I would like to get a meeting together. When I met with his
representative last week, I indicated that again. I'd like to get together and
Meridian City Council Meeting
July 3, 2001
Page 56
discuss fencing. We are required to put fencing on our perimeters. Fencing style
height. I'm not opposed to that at all. I told his representative we'd love to get
together and we'll meet with all 3 of the neighbors and walk that and talk about
your drainage. We talked about issues like pressurized irrigation and could -they
get access to our pressurized irrigation system since We'll have main lines
running all along their perimeter. Things like that. The project has a lot to offer
them as far as the future development of that property. They'll have very little to
do when a lot of the stuff's done all the way around them, you know fencing, ditch
relocation. With the slough being there, or the drain being there, it eats into the
number of lots they can get and the depth of their lots. By us relocating it, it helps
them.
De Weerd: Well, I guess I'm really confused that you haven't talked with them
and worked these details out. You are normally very good about doing that
before you even get to the -
Bowcutt: Well, I offered and,. as most people's schedules, I think their schedule's
been busy and mine's been busy. I met with their representative who's a civil
engineer. His name is Bob Walker and they had asked him to contact me. I
offered to go out to the site and meet Mr. Walker and Mr. Anderson. Mr. Walker
said no that's not necessary. Lets just get together you and i. So, I did what they
were willing to do. I can't force them to meet with me. I can make the overture.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Becky, to clear this up, do the Andersons own all the perimeter of that
ground that is not being annexed? Have you contacted the other owners? I take
it there are 3 owners. I was under the impression at the start that the Andersons
owned the whole lot.
Bowcutt: Councilman Bird, Mr. Mayor. There are 3 owners. All 3 of them came to
one of the previous hearings at the Planning and Zoning Commission. After the
hearing I chatted with all of them. An older gentleman owns that half (inaudible)
right there. He indicated to me that he didn't have a problem with it. He just
wanted to be left alone and he wanted us to know that he had a couple of pigs or
something Uke that. They wanted to make sure that the drainage was
accommodated and that there was some fencing that was done. They seemed to
be happy. Mr. Anderson, I think has attended all the meetings. That gentleman
and the other couple, I think it was a couple. Who was your other neighbor?
(Inaudible discussion amongst Council members)
Meridian City Council Meeting
July 3, 2001
Page 57
Bowcutt: The Rupps. They've never been. But the Rupps are the ones that we
purchased the ground from on the east side of this parcel. So, they sold that
portion (inaudible).
Bird: So, we have 3 owners? 3 deeded pieces in that-
Boweutt: Yes sir. There's l think a little over 9 acres total between all of them.
(Inaudible discussion amongst Council members)
Corrie: Okay. Any other questions? Thank you Becky. Does Council have any
questions from the testimony?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: l do have one of the attorney. Can you approve a development like
they're suggesting with the overlay and whatever plan is implemented in any
special impact fees or what have you that is imposed on the roadways? How do
you go back and do it if its not part of our development ag reement?
Nichols: Mr. Mayor, Members of Council and Councilwoman de Weerd. Let me
make sure I understand your question.
De Weerd: It just goes back to the same concern that Councilman Anderson had.
If we approve this without knowing the outcome of what this overlay group is
going to come up with and kind of share the first one in last one in type of issue.
Nichols: Okay. I understand the issue. What I would recommend is in the
development agreement would require participation in this term partnership has
been used. But whatever the program that is developed with ACHD by the north
Meridian area interested parties that would provide for road improvements
contemporaneous with or ahead of development as opposed to behind
development. I'd have to come up with some kind of proposed language for the
development agreement and see if we can get something hammered out. That's
what I would de because the standard language in your development agreement,
if they don't meet the terms of the development agreement and you give them
notice and they don't have a real good reason for why theire not doing it, you
can de-annex them. I think we'd tie in the water and sewer with that too so that it
becomes really critical that they comply with the development agreement. So,
Miss Bowcutt testified that her client is willing to participate in whatever the other
developers might be willing to do for that and we would tie it into the development
agreement so they'd have to participate in that program whatever its going to be.
You cant say for sure that there's going to be one but you don't know that there's
not going to be one either. But you do know that one of the dilemmas you faced
Meridian City Council Meeting
July 3, 2001
Page 58
is how to get the roads there contemporaneous with the development as
opposed to after the fact which is the way they've typically done it because it's
the only way they can pay for it.
De Weerd: In worse case scenario, if something wasn't reached, how do you
mitigate the impact of this development on the surrounding roads?
Nichols: I see the discussion and the problem, ACHD has a problem with their
impact fees. They have in their view, the impact fees are inadequate to do what
they need to do. The development communities view the impact are adequate to
do what they need to do if they didn't try to do a Rolls Royce every time they did
it. I think what they're getting to is trying to find some way --. The alternative is for
ACHD to jump through the hoops and get the impact fees where they need to be
to do what they need to do. That development community doesn't want to do that
because they're thinking we're paying too much for what we're getting if we were
able to do it. I think that's where, both sides have something to gain. ACHD is
able to get roads that they ,can maintain at a lower cost. The same thing, the
development community can get the roads at a lower cost than what the impact
fees might be. That's where is see this thing going. No, there's no guarantee. No
iron clad guarantee. But at the same time the forces are there, the emphasize is
there on the part of both parties to find something that's going to work. That's the
way I would propose to do it. Put it in the development agreement.
De Weerd: Then you'll come up with some kind of wording for that?
Nichols: I'll do my best.
De Weerd: I guess my second issue is it seems that things are still unresolved
with the 3 property owners in that little soon to be enclave.
(Inaudible discussion amongst Council members)
De Weerd: How would you proceed with that? Maybe I have a question for Mr.
Anderson.
(Inaudible discussion amongst Council members)
De Weerd: Have you talked with the representative that you have working with
Miss Bowcutt? Do you feel comfortable that --? Do you have future plans to
develop, the 3 of you to develop that piece?
T. Anderson: We talked to Mr. Walker yesterday afternoon and he showed us the
proposal that him and Becky Bowcutt came up with. It does involve the other 2
neighbors, which we have not discussed anything with. Developing that parcel of
ours is just one thing in the back of our minds. We would want to know what
Meridian City Council Meeting
July 3, 200 I
Page 59
options we would have once this development takes place. SO, it is an option
that we you know want to reserve.
De Weerd: Do you feet comfortable that they continue to talk and that your
representative will come to some kind of a reasonable solution on your behalf?
T. Anderson: Well, just being presented with it yesterday we really haven't had
time to review anything or have any discussion at all.
De Weerd: But, your concerns were drainage and ~-?
T. Anderson: The aesthetic value that the stream behind our property adds to our
property .
De Weerd: Well, I think both Nampa Meridian Irrigation District and Settler's
could care less because we kind of like that and it went away. They do own it.
Unfortunately you're at their mercy as far as that goes. But they are stubbing into
your property and that will help you at some point if you are to -
T. Anderson: If we decide that's what we want to do yes. We haven't decided
exactly what we want to do. That's for sure.
Corrie: But, you were given some options? That's the point.
T. Anderson: Yes.
De Weerd: Okay.
T. Anderson: But, that was just yesterday when we first saw the -
Corrie: You may not develop that for 20 years and that's you option.
T. Anderson: That's true.
Bird: What part of the 9 point acres do you own Mr. Anderson?
T. Anderson: On the western part all the way from McMillan --. Yes, right there.
Bird: Okay.
T. Anderson: All that front-
Bird: You have that whole-
T. Anderson: Yes.
Meridian City Council Meeting
July 3,200 I
Page 60
Bird: Then you've got an easement coming up out of there to gain access to
McMillan, right?
T. Anderson: Correct. "fhat's our lane right there.
Bird: Okay. You come down the west side?
T. Anderson: Correct.
De Weerd: You own two thirds of that?
T. Anderson: I would estimate that. Its 5.68 acres.
Bird: So, you're over half of it. So, you've got the big parcel there in the back
there.
T. Anderson: So far we have enjoyed our privacy out there but we know things
change.
Bird: Yes.
De Weerd: So, the stub for you-
T. Anderson: What they propose now is stubbing from the east side fight there
which is the Rupp's property into the Kelso property and then into our property.
There was some discussion but nothing on paper saying they could have a stub
going to the south out of our property.
De Weerd: Which you showed, didn't you Becky?
(Inaudible discussion amongst Council members)
De Weerd: And, you've moved it? SO, that option is no longer there?
(Inaudible discussion amongst Council members)
Bowcutt: No, the option is still to go to the south also because I put landscaping
next to them. If they had one neighbor lets say did not want to participate and
their only option was to come through here. This is just a landscape lot. They can
come fight through here and I told their representative, Mr. Walker that, that was
still an open option. Originally I had it stubbed here. They got more lots and
bigger lots if this went through here versus bringing in a cui de sac and
terminating it here and then bringing that down.
De Weerd: So, if they all got together and wanted to develop, that option
would be the best way?
Meridian City Council Meeting
July 3, 200 I
Page 61
Bowcutt: This one yielded the best, yes.
De Weerd: But, if they were the only ones that wanted to do something, they
would still have the stub to the south?
Bowcutt: Yes, because they will exceed the maximum dead end length of 450.
They'd be in excess of 900. I have to provide them secondary access either here
or here. What I indicated to them that we could accommodate it here and we'd
leave that option open since that's just open space.
De Weerd: Okay. Thank you.
Corrie: Any further questions? (inaudible) none, I will assume that we're all
through with the Public Hearing and I'll entertain a motion to close the Public
Hearing.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Before we do that I do have one more question for Becky. On that
relocation of that drainage, you said you're still in negotiations and that's kind of
unsettled at this point as far as your plan and whether you're actually going to be
able to do that, is that correct? Or is that pretty firmed up?
Bowcutt: We've gone before their board twice, met with their representative 3
times. They're giving us the option but they're setting forth the criteria. If you
leave it open this issue of indemnifying the district. I provided them a copy of the
agreement that you guys entered into with Nampa Meridian for their review, fi
they wanted that to be pursued. What I told your staff is that we will be providing
a water amenity whether it be natural or whether it be artificial. We wilt be having
ponds. The ponds will be interconnected, circulating like Two Rivers with either
fountains or waterfalls in them to keep the water moving. Hopefully we can make
that drain into an amenity. They have agreed to relocate it. That's a done deal.
They said yes, relocation fine. The issue is what criteria are they going to put
upon me if I leave it open? Can I meet that? Is it best just to spend the money to
pipe it? To pipe it is $200,000. So, ifs a spendy ordeal. They require concrete
pipe. We had planned the development with it open. That's why we allocated $0
much open space along those collector roads was so that we could slope it
appropriately and make it took nice. But I think its just a technicality as far as is
that hanging in the wings going to cause a problem? I don't feel so, like it will.
Anderson: Now that you clarified it. The relocation -
***End of Side Four***
Meridian City Council Meeting
July 3,2001
Page 62
Bowcutt: --location. It's our facility. We want something done with it. Move it. So,
that's done.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Just one more thing. Can you show me your phasing, the phasing
of you project one more time?
Bowcutt: Yes. This is phase 1, phase 2 is right here. This loop. This one will be
on line the middle of August. This one we hope to start construction this faU and
come on line next spring. Phase 3 is under design now. It will consist of this
south area this collector roadway where your sewer line is going all the way to
this point here. We intend to build that next year. That's phase 3. We will be
installing, relocating the drain, installing the collector roadways from here to here
and putting in landscaping on both sides.
De Weerd: So, you're not even near the Anderson's property for -
Bowcutt: No. This is phase 7. This is phase 4.
De Weerd; So, to the south of them is phase 4?
Bowcutt: Yes. This one on the south would be phase 4. That would probably be
I'd say in 2003 this would be constructed. This would be out probably 2005. The
town homes will be one of the last things that we construct.
Anderson: When do you do that phase that connects the two?
Bowcutt: This one?
Anderson: Yes.
Bowcutt: We've discussed that. I've indicated to them that we need to complete
this (inaudible) and get this in. I probably need to get with Kenny and when we
build to this point, we may end up having to do a gravel emergency access loop
there in the interim.
Anderson: How are you meeting the access on 1 and 2? Do you have a second
access?
Bowcutt: There is a secondary access into the property right here. But it would be
an emergency vehicle access only.
Meridian City Council Meeting
July 3, 200 I
Page 63
Anderson: It crosses the ditch?
Bowcutt: We built a new bridge here but there's an existing bridge there that
we're leaving in for pet -path. Butl we could use that for secondary emergency
vehicle access. I think Kenny indicated that 100 is where the path is for one of
(inaudible). We do that with Boise Fire Department a lot of times. We'll just put in
a secondary access for every 20-foot gravel path. They even take a truck out to
make sure that its compacted appropriately.
Anderson: Is that existing bridge, is it strong enough to support a fire truck?
Bowcutt: Oh, yes. Its concrete and they run trucks over it and have for years. Its
in very excellent condition.
Anderson: How would you meet your secondary access on that first phase up in
there?
Bowcutt: We'd probably end tip having to do either installing this collector or
building a 20 foot emergency vehicle access. Typically we come in and etch
these streets out anyway. So, they're. etched out, its just a matter of laying down
some temporary gravel that we end up wasting. But we do it quite often and
Boise is a stickler for that. As far as the rest of these, the phasing will come this
way and then move south. The last phases will be the office, commercial and the
(inaudible) in this area over here on Linder.
De Weerd: Becky, you wouldn't have to divert the drain until you get up into
those phases then. Is that correct?
Bowcutt: No. We would have that, that's going to be something that will have to
be done this fall because it would have to be in its new alignment. This is its
historical alignment and we'd follow that but then it diverts here. So, that would
be a this fall type situation. It would have to be engineered whether its piped or
made into a water amenity> I think in your staff conditions they ask that they,
your staff review it to make sure that they're happy with the slopes, same with the
ponds. To make sure that they're going to look nice. We're utilizing a landscape
architect in unison with the civil engineer ion the design of both ponds and drain,
if we do in deed end up leaving it open. So, its aesthetically pleasing because its
going to be our main amenity along that collector as you drive in with pathways
and little bridges that cross it and so forth.
De Weerd: So, on the southern part of the Anderson's property where the
drainage is, you have that landscaped anyway too? Correct?
Bowcutt: Yes. Right along here?
De Weerd: Yes.
Meridian City Council Meeting
July 3, 2001
Page 64
Bowcutt: Yes. I've got open space allocated here and then open space that
comes down through here and opens up into this wide area. Then I've got 2 ped
paths that come across. -As you can see, the pod has pet paths.
De Weerd: Do you have connectivity between the residential and the
commercial? I know you have one path there. How do you get over the marshy,
the green space? Is that ped path between the houses there? How do you get
over that water? No. Right there.
(Inaudible discussion amongst Council members)
Bowcutt: Oh, it would be a culvert. This would be a culvert.
De Weerd: A bridge and then you have to apply for it.
Bowcutt: Not necessarily a bridge. It would just be a pipe. It would go, (inaudible)
it would be visible then it would go into a pipe then it would exit out here. This is
an open space lot here. Your staff has asked that we put a ped path connecting
out to the Ten Mile sidewalk here. Atsothey've indicated that they think that may
be where they want the well. I guess the city needs a well in this section and
we've got this nice big open space here and then we'd have the ability to
discharge into the drain. So, we've been working with you staff on that issue.
De Weerd: But if you open that up -~. Gary, we're all okay with the white drain
and that can get started tomorrow right? Or yesterday?
Smith: tomorrow's a holiday. Thank you. We've received some information back
from the developer on our request for easement that they wanted to add as
conditions of the easement. We have in turn submitted that to our consultant for
their review and comment. We should be getting that back Thursday or Friday.
Then we can move forward on finalizing the easements.
De Weerd: So, we don't need to hold this up for them?
Smith: I don't think so. I think that they've given us enough written information to
validate that the easements are forth coming.
Bowcutl: I think I can answer that Councilwoman de Weerd, Mr. Mayor. We did
receive the easement form your staff. We have been cooperating with them in
providing legal descriptions and computerized information. My client just asked
for a couple of provisions to be included. One 0 f them was just asking, I believe
the city, for a time frame for the construction. Secondly was asking for a provision
in the event that the city for whatever reason did not install the sewer that we
could do it. I mean, if the city decided 2 months down the road that we're not
Meridian City Council Meeting
July 3, 2001
\>age 65
going to do this until 2006, we could install the white trunk. So, that we could
continue on with the project. I think in frank conversation with Brad -
Smith: There was another provision whereby they were going to lower the grade
of the ground 4 feet and we had to get that resolved and the installation of the
gravel access road timing. So, there was some design consideration. So, it
wasn't quite as simple as that.
Bowcutt: I forgot that. Sorry, Gary. Yes, for the record, we are cooperating 100
percent. We are ready to sign the easement once Gary reviews those. If we are
in agreement, we're flexible and we're ready to go. One thing I did want to
mention. There is an error in that finding that Shari showed me. Originally the
staff said that this corner could not be sewered because they were looking at one
of your sewer serviceability maps and somehow that provision, I know at the
Planning and Zoning Commission, staff said that should be omitted. But it
popped back up in the Planning and Zoning recommendation. That can be
serviced, that corner. In fact the sewer fight now is within 200 feet of this new
entrance. We've designed it, I 'think, within 100 feet if this intersection. I know
we've instructed our contractor to -~. We've got approval for that to take that up to
that point. Then that will service that comer. Staff withdrew that condition
because it was not correct. I believe that was Bruce, went on the record at
Planning and Zoning Commission and Brad Hawkins-Clark concurred.
De Weerd: I think still by including that, you know, we right now have a policy
that we wanted to keep it within the light and south of McMillan.
Bowcutt; Right. But, I've got to take sewer to and through. You're going to make
me take sewer--. See what I'm saying? I've got sewer right here.
Bird: You've got sewer at McMillan, don't you?
Bowcutt: I have to take sewer to and through. So, this will go in. This is
technically the white. The white splits, goes east-
Anderson: That's the north.
(Inaudible discussion amongst Council members)
Bowcutt: That goes north. You labeled north slough (inaudible) goes way up and
then it heads east on its own. But, I'm going to have sewer fight here.
Bird: It doesn't go that far up north. You could run it on up to Ten Mile. We would
let you.
Bowcutt: Well, if I go to here-
Meridian City Council Meeting
July 3, 200 I
Page 66
Bird: Gary could probably give you about the location you needed to stop.
Bowcutt: Gary would require that I (inaudible) just keep going. Right here,
wouldn't I have to run it then to this corner? To and through? (inaudible) take-it to
the north comer, the northwest corner of that commercial.
Smith: Right, that's been our policy to run it across the frontage of the property
that develops.
Bowcutt: But, in your comp plan. I know you're drawing the line here. But in the
camp plan today which is applicable that's designated as commercial. That's
what we're asking for. That's going to be the last thing that ever happens but
here because thafs like a grocery store and they're not going to be there until
there's a lot more houses than I show on this map. It will come back through as a
CU. At this time, all you're doing is annexing it and its part of this concept.
De Weerd: That piece is in the white and not in the north slough?
Bowcutt: Well, it depends on where Gary labels it.
Smith: Right. Technically the drainage area is McMillan road. However, the
sewer going to the north slough passes along the frontage of this property. I
guess, technically it's the drainage from the north slough that's draining into the
white drain which is collected by the same line on Ten Mile Road. Ten Mile Road,
you can consider as a trunk line that's accepting flow from the north slough and
from the white drain. Kind of like a manifold.
(Inaudible discussion amongst Council members)
Bowcutt: I'll have sewer going to these buildings here right across the street. In
fact, depending on hoe its designed, this may dump its flow right here into this
project this way. Depends on how the engineers do it.
(Inaudible discussion amongst Council members)
Bowcutt: We're just trying to get the whole picture identified. Obviously this area
is going to need neighborhood services. You want to cut down on the vehicle
trips, do you want everybody to go to Fairview to the Fred Meyers? No. When we
start building these suburbs like this we want to try to provide essential services,
offices, doctors, grocery stores, video stores, beauty shops, all those essential
neighborhood services. That's why we're trying to do a community, not just
another subdivision,
Corrie: Okay. Once again, I'll ask if there's anything else that needs to be in the
Public Hearing?
Meridian City Counoil Moeting
July 3,2001
Page 67
De Weerd: I have nothing.
Bird: I have nothing, Mayor.
Corrie: Mr. Anderson.
Anderson: Mr. Mayor. I have just one more question for Becky.
Corrie: You just said that last time.
Bird: That's what you said 6 questions ago Anderson.
(Inaudible discussion amongst Council members)
De Weerd: He just keeps waiting for you to sit down.
(Inaudible discussion among$t Council members)
Bowcutt: I know. He's making me -~. I must look like I need the exercise.
Anderson: You do. There's a letter from Ada County Highway District in there
dated March 15th or something like that. It recommends that the city not act or not
approve this until they make some type of decision what they're going to do out
there. I guess, your comments on that, I'd like to hear those.
Bowcutt: Yes sir. That is correct. There is a letter there and they're waiting for
direction from this body. I guess we're looking to you guys to give them direction.
They have to make a final action on this project. You're correct. They have not
made final action. I anticipated this evening that you guys would probably ~-. I
had hoped that you guys would give them some direction this evening. That yes,
we've got this project here. We're going to hold onto it, defer it but you need to
act on it. You've got to give them some direction.
Anderson: We just had a meeting with them Monday. I wish we would have put
that on the agenda and talked to them about that. I'd like to discuss it a little bit
with them.
Bowcutt: But, I guess your final action isn't until the findings are adopted anyway,
is that not correct sir?
(Inaudible discussion amongst Council members)
Bowcutt: I guess you need to think about that and give your staff some guidance
on what to tell ACHD. They told me that they know they can't sit and wait forever.
What do we do?
Meridian City Council Meeting
July 3, 2001
Page 68
(
Bird: Becky, as I understand, you guys are very willing to participate in the private
sector doing the roadwork which, thank goodness the private sector don't have
bureaucracies like the public sector does and you can get it done for half the
cost. That was proven out at, out there behind the Chevron station across from
St. luke's and W. H. Moore put that one in for them at about half the cost they
estimated it would cost. Would you guys be willing to --? I realize probably
wouldn't happen right up front but as we get into the development, would you be
willing to have that in your development agreement that you would pursue
something like this and would do it with late comer fees as future impact fees as
they could pay you? That's the way the agreement was there.
Bowcutt: Yes, I believe we could support some provisions like that. I just want to
make that the playing field is even.
Bird: We would want that.
Bowcutt: That's the only thing. I guess I wouldn't want to say okay we're going to
build 5 lane roads on everything we touch on our exterior and then no one else
does it. I'm hoping, it appears that the development community is very serious
about doing this partnership and coming up with new ideas. We are willing to
participate. It only benefits us when these roadways are approved. My client has
stated that for the record before. When you've got these crummy little 2 lane
substandard roads with weeds on the sides, it doesn't do a lot for the looks of
your development. We like that finished look. We are willing to, I don't know how
Mr. Nichols could write that but we are willing to whatever these groups,
whatever we come out, you know solutions come out of these meeting and
commitments across the board for this area. We are willing to do it. But I don't
want to be the only one.
Bird; I agree with you. Like on Cloverdale, or McMillan, even though you own all
the south and could get all the right-of-way there we have no guarantee that you
could get on the north right-of-way. We don't know who owns that and they're not
coming forward and I think it would have to be a group participation.
Bowcutt; Well, that's one thing ACHD's talking about is trying to get all those
right-of-ways as soon as possible and how to deal with the out parcels. What
they hate happening is that the road widens out to say 4 lanes or 5 lanes and
then it narrows back down for 200 feet. They claim that that's dangerous.
Bird: That's called Curtis Road and they're spending another six million dollars.
Bowcutt: There you go.
Anderson: Why do they keep doing that on Franklin Road and everywhere else.
Bowcutt: I know. The advantage we have is that most of these developments are
Meridian City COUllcil Meeting
July 3, 2001
Page 69
(
f'\
,
(
pretty massive in size. SO, the out parcels are a lot fewer than we normally see
as we bring in these little 40 or 60 or 20-acre projects. So, we do have a big
advantage over most sections.
Bird: I personally believe that you developers in the north end, if this is going to
come off and be successful like I think it will, you are going to have to be the
forerunners in getting the roads in. If we wait for ACHD, there's probably not any
of us sitting in the room that's going to see it done.
Bowcutt: Good point. That's our concern.
(Inaudible discussion amongst Council members)
Anderson: Tammy and I might see it in our lifetime.
Bird: I doubt it.
(Inaudible discussion amongst Council members)
Since I'm still leading the group, I'll ask you a question one more time. Have you
got another question?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I have no more questions.
Corrie: You made my night shorter.
Bird: Mr. Mayor.
Corrie: Hearing none, I will entertain a motion to close the Public Hearings on
items 12, 13 and 14.
De Weerd: So moved.
Anderson: Second.
Corrie: I didn't know I could do-
Bird: I don't think we'd better do that.
De Weerd: Oh, come on.
Bird: (inaudible). Mr. Mayor.
Meridian City Council Meeting
July 3, 2001
Page 70
Corrie: Mr. Bird.
Bird: I move that we elose the Public Hearings for AZ 01-003 request for
annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for the
proposed Bridgetower Crossings Subdivision by Primaland Development
Company for a planned development consisting of residential, office and
commercial (inaudible) located at 2420 Ustick Road. Also close the Public
Hearing request for Preliminary Plat approval of 336 building lots and 58 other
lots on 175.91 acres in a proposed R-4 and C-G zones for the proposed
Bridgetower Crossing Subdivision by Primeland Development Company. And
close the Public Hearing for request for Conditional Use Permit for 692 single
family lots. 58 townhouses, 17 office lots and 10 commercial lots on 370.55 acres
in a proposed R-4 C-G zone for the proposed Bridgetower Crossing Subdivision
by Primeland Development.
De Weerd: Could you rep!3at that?
Corrie: Do I hear a second?
Bird: No. I'm out of air.
De Weerd: Second.
Corrie: Okay. Motion's made and seconded to close the Public Hearing on items
12, 13 and 14 pursuant to the motion. I hope its on record. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Let's do 12, 13 and 14 then. Item No. 12 is a request for annexation and
zoning. P\Z. 01-003, discussion?
Bird: I have none.
Corrie: Okay. Hearing none -
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we approve the request for annexation and zoning of
371.42 acres from RUT to R-4 and C-G zones for the proposed Bridgetower
Crossing Subdivision by Primeland Development Company for a planned
development consisting of residential, office, commercial use, generally located
at 24290 Ustick Road and within that development agreement the parties
(
Meridian City Council Meeting
July 3,2001
Page 71
between our attorney and their attorney can draw up an agreement requiring
participation in the ACHD program after the master plan has been bought and
also to include the staff comments and for the attorney to draw up the Findings
of Facts and Conclusions of Law and Decision of Order. .
Corrie: Do I hear a second?
De Weerd: Second.
Corrie: Okay. Motion is made and seconded to approve the request for
annexation and zoning according to the motion and for the attorney to draw up
the Findings of Facts and Conclusions of Law. Any further discussion?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I do have to -comment on this project. First of all, I wanted to
compliment Becky that I think this a great looking project and I realize that therets
been a lot of effort put into it. It takes into consideration a lot of the things that
we've been talking about in our compplan, mixed use, and you know a little bit of
diversity. The lot sizes and all those types of things. It looks like a very good
project and you're correct. We are building a community. I do have some major
concerns and that is the roads and being able to handle the capacity that this
project is going to add to that are. Then, as I've been stating for the last year, I
have some real concerns about public safety. Every time we keep adding
subdivision, and this is a very large project. This is going to add like I said close
to a 1000 homes in this particular area, that it stretches our police and our fire
even further. I hope that you do take your time and do this in phases because in
10 years, hopefully we'll be able to provide that type of protection. But, it needs to
be said on record too that we're under staffed in both those departments for the
amount of subdivisions, the amount of people that we have and we are struggling
with a very low mill levy in Meridian. We're trying to get that increased. We're
probably going to take that back in front of the voters again. If that doesn't
happen, I mean, j1ve got to say that is the roads don't happen and if the mill levy
doesn't happen, we've got to slow growth in Meridian. This project, to be honest
with you, just scares the heck out of me because it's the first step and it opens up
the door to a whole bunch of large development. If we don't have that support
from the development community in help to pace the growth and help to get us a
mill levy that we can provide the basic services, we're going to have to slow
growth. We'll have no choice because we will have to cut off the services that we
can't provide. I'm going to vote in favor of this project to night but I have some
real reservations about it and I just want to go on record as stating those and
hopefully the word gets out that we are very concerned and that massive
development cannot occur without additional support from the development
community.
Meridian City Council Meeting
July 3, 2001
Page 72
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I agree totally with what Councilman Anderson said. You know one
thing the development community is doing with the overlay is kind of, its definitely
unique to Idaho. We're putting a lot of trust in that this is going to happen and
that you wiJI be, this development will be a participant in that. In the
recommendations that you participate financially just like everyone else does. I
think that's been the largest concern with the infrastructure part of it. I look
forward to the creativity of our attorney and how he's going to word that. You
know I Will blind trust on that too. Whatever provisions we can include in that to
make you a full partner along with everyone else in giving you this early approval.
Hopefully that will not mean we're opening the flood gates to all the other
developers that now that this one's through we'll do it with everything until that
overlay is done, I'd like to.
Corrie: Any other comments?
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I agree with Ron and Tammy also. I really came into this with a lot
of misgivings because of my stand on 2 lane roads. But, I listened to what you
said Becky and I think its possible. If its possible it would work. You know if you
follow through on that it will work. I'm going ahead on a blind faith also.
Corrie: Okay. You heard my comments earlier. I think the developers, other
developers in this area should pay very special attention to what the Council said
tonight because if it doesn't happen, this night will go down in emphany rather
than being a good night. I think we're taking a pretty good step here. the biggest
thing that's Meridian has ever done. Like I said, I think it will work. I really do, or if
it had been a tie I would have voted against it. Now, your job is to see that it
does, help us see that it does. Anybody else have anything? Well, then I'll go
down in emphany saying (inaudible). All right, Mr. City Clerk will you please call
the roll please.
(Inaudible discussion amongst Council members)
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. Council, we stuck our neck out. Now lets see where we get out.
Okay. thank you Becky.
Meridian City Council Meeting
July 3, 200 I
Page 73
Bird: We've still got 2 more to pass.
(Inaudible discussion am-ongst Council members)
Corrie: Okay. Now we need a motion on the request for Preliminary Plat
approval. Is there any discussion on the Preliminary Plat?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Wee rd.
De Weerd: Just a couple of housecleaning items I guess before the motion's
made to see if everyone's in agreement with it. You know I do want to make
special notation that the applicant has said that they would coordinate with the
English's the entrance of their development onto Linder since there's only one I
guess I don't have to be real specific about that. I would like that as a special
notation as well, to coordinate with the Anderson's the fencing along their
western, the boundary to the west of the Anderson's proper line.
Corrie: Any other discussion?
(Inaudible discussion amongst Council members)
De Weerd:
motion.
The one with the English's is on the CUP. I guess I'll make the
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the request PP 01-005 request for
Preliminary Plat in the proposed R-4 and C-G zones for proposed Bridgetower
Crossing Subdivision to include a special notation to coordinate with the
Anderson's the fencing that will go along the west property line of the Anderson's
property and to include all staff comments, to direct the attorney to draw up the
Findings of Facts and Conclusions of Law and Decision of Order.
Bird: I will second it.
Corrie: Okay. Motion's been made and second to approve the request for
Preliminary Plat 01-005 incorporating the comments of the City Council and staff.
Any further discussion? Hearing none, roll please Mr. Berg,
RolJ-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
July 3, 200 I
Page 74
Corrie: Item No. 14 is a request for Conditional Use Permit on Bridgetower
Crossing Subdivision.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve CUP 01 ~006 request for a Conditional Use
Permit for 692, oh well, et cetera, for the proposed Bridgetower Crossing
Subdivision to include all staff comments, to also include coordination with the
English's on the entrance of the Linder entrance, I've already included all staff
comments. Is it getting late? For the attorney to draw up the Findings of Facts
and Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Motion been made,and,second to approve the request for Conditional
Use Permit No. 01-006 and for the Attorney to draw up the Findings of Facts and
Conclusions of Law including all comments from staff and Council. Any further
comments? Mr. Berg.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 15.
Public Hearing: PFP 01-001 Request for Preliminary plat approval
of 4 building lots on 4.94 acres in a proposed I-L zone for proposed
Seven Gates Industrial Subdivision by Dakota Company -
southwest corner of Commercial and Machine Avenue, east of Nola
Road:
Corrie: Item No. 15 is a Public Hearing. It has been requested that we continue
this to a, re-post it on the Seven Gates Industrial subdivision by the Dakota
Company. Is there a certain date on that one that you know, Mr. Berg?
Berg: Mr. Mayor, Members of Council. This had a noticing, posting problem. So,
we have to just fe-notice it from the start again at City Council level. We'll be
sending out notices plus notice in the paper plus posting the property. We'll be
coordinating that when is the soonest that we can get done. But, it's not a
continuance, its just take it off the agenda.
Corrie: Thank you.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meeting
July 3, 2001
Page 75
(
Bird: Is this the same one we've had before us by different people? It is a
different lot, that is its not quite all the way down on Commercial there?
(Inaudible discussion amongst Council members)
Bird: We've had it here before us before.
(Inaudible discussion amongst Council members)
Stiles: Yes.
Bird: It was under another name at that time, right?
Stiles: I think they called it Seven Gates.
Bird: They called it Seven .Gates but it was a different developer bringing it
forward?
Corrie: Dakota Company now, somebody -
Stiles: Their representative was different, yes.
Bird: That's what I figured. Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we take the Public Hearing request for Preliminary Plat for Seven
Gates Industrial off the agenda. Is that what we have to do?
(Inaudible discussion amongst Council members)
Anderson: Second.
Corrie: Okay. Motion is made and second to take item No. 15, the Public
Hearing request 01-001 off the agenda completely. Any further discussion? All
those in favor say aye.
MOTION CARRIED: ALL AYES
Item 16.
Public Hearing: AZ 01-009 Request for annexation and zoning of
8.15 acres from RUT to R-4 zones for proposed Staten Park
Subdivision by D'Alessio Building Development generally located
at the southeast corner of North Black Cat Road and West Ustick
Road:
Meridian City Council Meeting
July 3, 2001
Page 76
Item 17.
Public Hearing: PP 01-012 Request for preliminary plat approval
of 23 building lots and 5 other lots on 8.15 acres in a proposed R-4
zone for proposed Staten Park Subdivision by D'Alessio Building
Development generally located at 46254 Ustick Road, corner of
Black Cat and Ustick Roads:
Corrie: Item No. 16 and 17 has been requested to table until 7-17-01. This is for
annexation and also .for Preliminary Plat of Staten Park subdivision. Is there
anyone here that wanted to issue any testimony at this time? I guess, Mr.
Counselor, we need to open the Public Hearing and continue it. Is that correct?
Nichols: That's correct Mr. Mayor.
Corrie: I will open the Public Hearing on item No. 16 and 17, repeat that again.
Anyone form the public want to testify? Hearing none, I'll entertain a motion to
continue the Public Hearing until the 1 th of July.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the Public Hearings for the annexation and zoning
of 8.15 acres from RUT to R-4 zone for proposed Staten Park subdivision by
D'Alessio Building Development, generally located in the southeast corner of
north Black Cat Road and west Ustick Road until July 17, 2001.
Corrie: Okay.
Anderson: Second.
Corrie: Motion made and second to continue the Public Hearing for request for
annexation and zoning of AZ 01-009 until July 17,2001. Any further discussion?
All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion on item No. 17 the Preliminary Plat.
De Weerd: Mr. Mayor.
Corrie: Mrs.l de Weerd.
De Weerd: I move that we continue the Public Hearing PP 01-0112 request
for Preliminary Plat by Staten Park subdivision to July 17,2001.
Bird: Second.
Meridian City Council Meeting
July 3,200 l
Page 77
Corrie: Motion made and second to continue the Public Hearing on item No. 17,
Preliminary Plat 01-012 until the 1ih of July this year. Hearing no other
discussion, All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 18. Public Hearing: CUP 01..018 Request for the continuation of a
three-year CUP granted in January 1997 for modular buildings in
an L-O zone for the Meridian Assembly of God by Meridian
Assembly of God -1830 North.Linder Road:
Corrie: Item No. 18 is a Public Hearing request for continuation of a 3 year CUP
granted in January of 1997 for modular buildings in an L..O zone for the Meridian
Assembly of God by Meridian Assembly of God, 1830 North Linder Road. At this
time I'll open the Public Hearing and staff comments first.
Stiles: Mr. Mayor and Council.'This is for the church property on Linder Road.
They were approved back in 97for a 3-year period but they had not yet built their
sanctuary, their main buildings. They wanted the temporary classrooms to be
allowed because our ordinance does not allow modular temporary buildings
without a Conditional Use Permit. What prompted the application was they were
proposing to put a stealth tower, cellular tower by Crickett on their site. Then
when we started looking at the conditions of approval of that Conditional Use
Permit, it was found that the time had expired and that the buildings were to be
removed. They have extensively landscaped around the buildings. I don't know
what happened to my pictures. You can see the back of the building here. This
would be on the south side of the existing buildings. What they're proposing is
that they be allowed to keep these modular buildings for an indefinite period. It is
difficult to enforce these when they have a sunset clause. We have a few like this
and they are going to be very difficult to enforce to try to get the buildings
removed once they are there. We as a staff do not encourage temporary
buildings or modular buildings. In this case though, they are not unattractive and
they do have the landscaping in place and sidewalks to them. We did have the
recommendation that if you find these buildings are acceptable that we would
recommend approval with deletion of the period provided they meet all the
uniform codes.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Shari, what did you say for time period?
Stiles: What we're recommending? We recommend that if the buildings are
acceptable as they are presently that there not be a time period.
Meridian City Council Meeting
July 3, 2001
Page 78
Bird: We cant legally do that, without it being a permanent building on a CUP.
You've got to have a time deal on it. You can't let it go indefinitely.
Stiles: With conditional.uses --. We rarely put time limits on conditional uses:
Bird: Yes, but you do when they're mobile buildings. You don't put an indefinite
period on a temporary building which these were temporary buildings. Now,
permanent building, that's right you don't put a time limit on them. These are not
permanently in the ground, coming out of it. I have no problem recommending it
but I don't believe legally by ordinances or anything that we can do it indefinitely.
We're going to have to put a time period on it. Maybe the attorney will over rule
me but I don't think so.
(Inaudible discussion amongst Council members)
Bird: It isn't a permanent building.
Corrie: What did you say about a tower?
Stiles: The stealth towers that recently had been discussed about being
approved administratively. They are proposing to put one at this site.
Corrie: Okay.
Bird: When you were looking into that, that's when you found out this CUP had
ran out of time?
Stiles: Yes.
Corrie: Any other questions of staff? Okay. This is a Public Hearing. The
request from the Meridian Assembly of God here tonight?
Wilson: Good evening. My name is Nat Wilson. I am a representative form the
Meridian Assembly of God church. Do you want my address?
Corrie: Yes please.
Wilson: I live at 1799 South Blacksmith in Meridian. Do you want me to wait for
questions?
Corrie: No, just tell us what you want.
Wilson: Okay. Shari has done a nice job of presenting that information. 3 years
ago, a little over 3 years ago, January of 97 we did request a Conditional Use
Permit. It was granted for 3 years on these modular buildings. I wasn't a part of
the church at that time. My understanding is the thought was when the sanctuary
Meridian City Council Meeting
July 3, 200 I
Page 79
was built there would be classroom space built into that and that these modulars
would not be needed after that. The new sanctuary was built. It was built to a little
scale than originally planned. There are classroom phases planned for future to
where classrooms woutd be added and then these modulars would not be
needed. Right now they are needed. We use them extensively on Wednesdays
and Sundays. We've opened them up to a couple of community groups different
times during the week for meetings that they have. Like she says, they have
been landscaped extensively, sidewalks, parking. Trying to go back a little bit to
the Planning and Zoning discussion, we had proposed maybe a 10 year
Conditional Use Permit. Planning and Zoning came back and said that they
would recommend 5 years and in that 5 years for us to do whatever ground work
we needed to do to make them permanent should we want to do that, which from
my understanding pretty much would require us to jack them up, pour the stem
wall I believe it is. I'm not a carpenter, not a construction person. But pour a
foundation for them to get them on a permanent foundation. They do have
restroom facilities in them. 2 restrooms in each building, drinking fountains. You
know, there's sewer and water connected to them but they are not on a
permanent foundation right now. Should we want to pursue that -. I wish you had
those other pictures. I had some great shots. If we wanted to pursue that, then
that would be something that we would do in that 5 year period of time and come
back to you at that time and say hey we've decided we would like to make them
permanent. These are steps that you know-
***End of Side Five***
Wilson - meet all codes and go that route.
Bird: So, you are willing on the 5-year extension? We have to give it, as I
understand legally we need to give a time.
Wilson: That was what I understood from the Planning and Zoning.
Bird: We just cant through it out indefinitely. 5 years would give you a chance to
determine, and they are nice buildings -
Wilson: They are very nice buildings.
Bird: Its probably cheaper to go, and you're probably up to code anyway-
Wilson: They are except for the foundation.
Bird; - other than just putting the foundation down. Its probably cheaper than
building block classrooms and stuff. You've already got them in there. You've got
them landscaped and everything.
Meridian City Council Meeting
July 3, 2001
Page 80
Wilson: Again, there is future phases planned for that property classroom
addition to where when that was done those would probably be removed. But
then again that could be you know 5 to 10 years down the road. .
Bird: But 5 years would be fine to give you another CUP for 5 years?
Wilson: Yes.
Corrie: Any other comments? All right. Thank you. Anyone else from the public
like to issue testimony? Okay. Hearing none, Council any questions?
Bird: I have none.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I don't see in our packet the recommendation from P&Z, From the
Planning and Zoning Commission.
Corrie: I guess that's (inaudible)
De Weerd: No, that's the staff recommendation.
(Inaudible discussion amongst Council members)
Corrie: There's no Public Hearing for Cup -
De Weerd: They still usually give recommendations.
(Inaudible discussion amongst Council members)
Bird: CUP, you don't have to go through Planning and Zoning do you for an
extension?
Wilson: we went through CU, I'm sorry. We went through Planning and Zoning
and their recommendation was for 5 years.
(Inaudible discussion amongst Council members)
Stiles: It's a modification of their original conditions of approval so they had to
go through Planning and Zoning Commission.
(Inaudible discussion amongst Council members)
Meridian City Council Meeting
July 3, 2001
Page 81
Corrie: Then where are those recommendation? Shari, they did recommend a 5-
year extension?
Stiles: I don't know.
Bird: Shari wasn't -
Wilson: Shari was not there that night but that's what they did.
Corrie: We don't usually take the word of the applicant.
(Inaudible discussion amongst Council members)
Bird: I have no problem taking his feelings. The staff was very happy with it. I
can't believe that Planning and Zoning turned it down or denied it for any reason.
It's actually our final vote anyway. As long as we feel comfortable with it. I'm like
Tammy, I'd like to see their Jecommendations - We've got another person here
Mayor, that wants to testify.
Unidentified Speaker: I happened to be at that meeting and they -
Bird: Name, --
Pollock: Chad Pollock, 3114 West Cherry Lane Boise. They did recommend a 5-
year extension to the Conditional Use Permit.
(Inaudible discussion amongst Council members)
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we close the Public Hearing for the request for the continuation
of the 3 year CUP granted in January for modular buildings in an L-O zone for
the Meridian Assembly of God by the Meridian Assembly of God church at 1830
North Linder Road.
Anderson: Second.
Corrie: Okay. Motion made and second to close the Public Hearing on the
request for CUP 01-018. Any further discussion? All in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion for the request.
Meridian City Council Meetiog
July 3, 2001
Page 82
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for a continuation of a CUP granted in
January 1997 for modular buildings in an L-Q zone for the Meridian Assembly of
God by the Meridian Assembly of God Church at 1830 North Linder Road for a
continuation until August 1, 2006 and for the attorney to draw up the Findings of
Facts and Conclusions of Law and Decision of Order.
McCandless: Second.
Corrie: Okay. Motion made and seconded to approve the request for
continuation of CUP until August 1, 2006 and to have the attorney to draw up the
Findings of Facts and Conclusions of Law. Any further discussion? (inaudible)
roll call vote.
Roll-call: De Weerd, ayeC; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
De Weerd: Mr. Mayor. Mr. Wilson, just to kind of echo the sentiments of the
commission is to take steps to either make this permanent or you know you have
5 years.
Wilson: Great.
De Weerd: Thanks for sharing what they said. You know, its good advice.
Item 19. CUP 01-019 Request for Conditional Use Permit for a free~
standing bank building with a drive-up window and ATM machine in
an I-L zone for Meridian Crossroads Shopping Center by the
Dakota Company - south of East Fairview Avenue and east of
North Eagle Road:
Corrie: Item No. 19 is a request for Conditional Use Permit for a freestanding
bank building with a drive up window with A TM machine in an I~L zone for
Meridian Crossroads Shopping Center by the Dakota Company south of East
Fairview Avenue and east of North Eagle Road.
Anderson: You said a free bank building?
Corrie: I think it's a freestanding or a free bank. I don't know ~-. Staff,
comments?
Bird: Freestanding bank.
Meridian City Council Meeting
July 3,2001
Page 83
Stiles: Mr. Mayor and Council. Save the most troublesome project for last. We
would recommend approval with all staff and agency conditions. We've
extensively gone through, we went through several site plans and we finaUy
came to an agreement. We would recommend approval with those conditions.
Corrie: Oh, that's really tough. Council, you heard the staff's comments. Any
discussion? Does the developer have any comments as far as the conditions set
forth?
Paulsen: I'm John Paulsen. I'm with the Dakota Company Incorporated, 380 East
Park Center Boulevard. We are in agreement with staffs recommendations and
wholeheartedly concur with the recommendation to approve.
De Weerd: Is there anything we need to know that happened at P&Z?
Bird: Because we don't have thai recommendation again.
(Inaudible discussion amongst Council members)
De Weerd: Did they put a lot of additional conditions on this?
(Inaudible discussion amongst Council members)
De Weerd: Should we believe you?
Bird: They did recommend approval or denial?
Paulsen: unanimously --. You're testing me. This is my first opportunity to present
before you.
De Weerd: Its our opportunity to -
Bird: To harass you.
De Weerd: -- make sure it's memorable.
Anderson: Break you in right.
Paulsen: As you are aware I have an excellent teacher in Larry Durkin who is
very astute in these matters.
De Weerd: Did he pay you to say that?
Paulsen: He doesn't even know saying this. It's an honor to have him as my
friend and as my mentor.
Meridian City Council Meeting
July 3, 2001
Page 84
Anderson: What did you say his name was again?
(inaudible discussion) -
Bird: He's not going to spend an hour and a half up here is he?
De Weerd: No, he's done.
Corrie: All right. Council, any discussion on the request for CUP? Hearing none
I'll entertain a motion on the request.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for a Conditional Use Permit for a
freestanding bank building with a drive up window and ATM machine in the I-L
zone for Meridian Crossroads ..Shopping Center by Dakota Company, south of
East Fairview Avenue and east of North Eagle Road and for the attorney to draw
up the Findings of Facts and Conclusions of Law and Decision of Order.
Anderson: Second.
Corrie: Motion made and second to approve the request for Conditional Use
Permit CUP 01-019 and for the attorney to draw up the Findings of Facts and
Conclusions of Law. Any further discussion? Hearing none, roll call vote Mr.
Berg.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Anderson: I have one piece of advice for John. If Larry is going to be your
mentor, shorter is better.
Bird: Tell him we were saying that too, would you? Tell him we gave him a bad
time.
Corrie: Council, that's the last of the agenda. I will entertain a motion to adjourn.
De Weerd: Mr. Mayor.
Corrie: I'll entertain a motion to adjourn.
Anderson: Give her 1 ~minute.
Meridian City Council Mooting
July 3,2001
Page 85
Bird: One minute.
De Weerd: You're so funny. We were suppose to have on our agenda tonight,
the Meridian Development Committee.
Bird: (inaudible) a resolution yet. Bill's got other things to take care of.
De Weerd: Okay.
Bird: Mr. Mayor. I move that we adjourn.
Anderson: Second.
De Weerd: Just one more thing.
(Inaudible discussion amongst Council members)
Corrie: Motion has been made-
De Weerd: Our comp plan went through Public Hearing last week and they
continued it to August 30th. I have a problem with that. You know I'd like to see
this done in a timely manner and 2 months is not timely.
Bird: I agree with you 100 percent.
Corrie: Okay. Do you know why it was done and any reason for it? Were you
there?
Stiles: I wasn't there but I understand that they looked at some different times
they might possibly be able to meet and decided they wouldn't be available until
the end August.
Corrie: Mr. Clerk, any comments?
Berg: Mr. Mayor, Members of Council. Some discussion about staff working with
some of the development theories about the neighborhood commercial that was
a hot topic. Other discussions about the urban service planning area as a priority
rather than an area and trying to meet at common dates that a majority of the
commission can be there. The summertime made it difficult with vacation
schedules and them meeting on Thursday nights. They couldn't accommodate
everybody's schedule. They pretty much kind of put their heads together and
came up with that date.
De Weerd: In my opinion, its more important than even our applications. If
they're going to meet the first and third Thursday, then this should fall on the first
and third Thursday.
(
Meridian City Council Meeting
July 3,2001
Page 86
Corrie: Well, you want to make sure that you've got it all together. I know it's
timely, but you better not rush it too much. If their not going to be here together to
hear it, I don't know what else you can do.
Bird: I personally don't think we've rushed it. We've only been 2 and a half years.
We've had plenty of time to do it. These developers have got to be pulling their
hairs out. We've promised them this. We've promised them that. We'd get it
done. We'd get it done. We just have drug our feet on every comer in the road.
Now we're dragging it 2 months. I thought we were getting it going. Now we're 2
months back.
Anderson: You should have made that clear before they had their hearing
because now, they've already set the date.
Bird: Iknow.
Berg: Mr. Mayor, Members of Council. They had developers there discussing it
and they wanted some more discussion. It wasn't like the P&Z Commission was
dragging their feet as much as some of the other discussions that were brought
up by the other developers. In all fairness, they're trying to do a complete job and
thorough job and get their input and get other people's input. We did hold it at
another facility to accommodate more people to be there and to have a more
open area. It was in my opinion well designed. They had maps in the hallways for
people to go talk to the staff prior to the meeting as well as during the break that
they had. They're trying to accommodate to get the input and that's what they're
designed to do. My minutes up and I'm sorry.
De Weerd: From what I understand from talking to staff though, the issues
that were raised didn't really demand any timely research or anything from staff.
The delay is not looking for answers.
Berg: Maybe the staff needed to tell that to the commission because I don't think
that's what the commission understood from the staff.
Stiles: I guess the staff didn't understand that they gave them any direction
whatsoever to do anything.
De Weerd: So, we can't change this date?
Corrie: Planning and Zoning is the one that set that (inaudible). Council can't go
back and change their schedule.
De Weerd: Can it even be put out 60 days legally?
Corrie: I don't see why not. There's nothing (inaudible).
Meridian City Council M<<:ting
July 3, 2001
Page 87
Stiles: Does our ordinance, Bill? When we have something before the Planning
and Zoning Commission, they can table it up to 45 days. Doesn't that also apply
to a comp plan amendment. If our ordinance says they can table it up to 45 days,
to continue the matter up to 45 days, shouldn't that also include any application?
Nichols: The camp plan amendment I think is a completely different. It's not an
application. I mean the comp plan is essentially legislation and it's not a quasi-
judicial process. It's treated differently than an application would be. I don't think
the 45-day rule kicks in with the comp plan. I can look at the ordinance but I donlt
think the same thing applies.
Stiles: Would you mind? Just double checking to make sure we're not violating
some process requirement.
Corrie: I agree, I put some pressure on staff getting things done. I don't know
what you're going to do to Planning and Zoning Commission? What authority, we
can fire them but - .
Bird: you'd better be able to take their place.
(Inaudible discussion amongst Council members)
Corrie: Like Councilman Anderson said, they made the decision and they made
the time when they could get together. I don't think we're going to be legally able
to tell them well you're going to come back in whether you like it or not.
De Weerd: Well, yes, but they were trying to make a time outside of their
regular meeting time. If its okay that they do it during their regular meeting times
then they need to know that.
Corrie: They made a decision.
Bird: If there's still that much interest like Will said we might have to (inaudible).
Corrie: It doesn't sound like it staff that's doing it. Its developers themselves and
if they're not happy with it, you're going to have a battle on your hands come up
to us.
(Inaudible discussion amongst Council members)
De Weerd:
year now.
We've already been hearing about the urban selVice area for a
Bird: Mr. Mayor I move that we adjourn.
(
Meridian City Council Meeting
July 3, 2001
Page 88
Anderson: Second.
Corrie: Motion made and second to adjourn at 11 :05. All those in favor say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 11:05 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C O()-19-01
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR THE )
MANUFACTURING OF )
INFLATABLE BOATS IN THE )
ELLIOTT BUSINESS PARK, IN )
AN I~L ZONE1 LOCATED EAST )
OF LOCUST GROVE ROAD )
AND SOUTH OF EAST )
WILSON LANE1 MERIDIAN1 )
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APPLICANT )
)
Case No. CUP-OI-OI3
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on June 5, 20011 and tabled until June 19, 2001, at the hour
of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari
Stiles, Planning and Zoning Administrator, appeared and testified1 and appearing on
behalf of the Applicant was Greg Ramp, and no one appeared in opposition, and the
City Council having duly considered the evidence and the record in this matter and
the Recommendations to City Council issued by the Planning and Zoning
Commission who conducted a public hearing and the Council having heard and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - I
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
I. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for June 5,
200 I, and tabled until June 19, 200 I, before the City Council, the first publication
appearing and written notice h~ving been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (IS) 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 June 5, 2001,
and tabled until June 19, 200 I, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
forth in Idaho Code ~6 7 -6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-
5 as evidenced by the Affi~avit of Mailing, and the Affidavit of Publication an~ Proof
of Posting filed with the staff report.
3. This proposed development request is in an 1- L zone and by reason of
the pr9visions of the Meridian City Code ~ 11-17-4, a public hearing was required
before the City Council on this application.
4. The property is located east of Locust Grove Road and south of East
Wilson Lane, Meridian, Idaho.
5. The owner of record of the subject property is the Elliott Group, LLC.,
of Meridian, Idaho.
6. Applicant is H2NR, LLC of Eagle, Idaho.
7. The subject property is currently zoned I-L. The zoning district of I-L is
defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for the
manufacture of inflatable boats for Elliott Business Park. The I-L zoning designation
within the City of Meridian Zoning and Development Ordinance, when it is located
in a Mixed Use Review area, requires a conditional use permit be obtained for most
uses including those requested by the Applicant. (Meridian City Zoning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
(
',-.
Development Ordinance, Section 11-8-1).
9. The Meridial} City Council recognizes that the proposed applica~ion 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 zonipg 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:
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 - 4
1. Landscaping shall be installed as submitted on the site plan. Three
copies of deta_iled landscape plans and irrigation performance .
specifications shall be required prior to the issuance of a Certificate of
Zoning Compliance. All trees shall be 2" caliper or larger.
2. The man-made pond shall be maintained in a manner that shall not
allow the pond to become stagnant or become a breeding ground for
mosquitoes. Documentation verifying that provisions shall be made to
ensure that the pond shall not become a nuisance shall be submitted
prior to requesting a Certificate of Zoning Compliance.
3. The Jackson Drain shall remain uncovered and the developer of the
subdivision shall be responsible for constructing a 10-foot asphalt
pathway along the Jackson Drain. Coordinate path design and location
requirements with the City Parks Dept. The pathway shall be
constructed or bonded for prior to occupancy of the AlRE structure.
4. All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and shall be
installed and striped in accordance with the submitted site plan and
Ordinance 11-13-4.F.
5. 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 rights-of-way. All
parldng lot lighting shall be in accordance with Ordinance 11-13-4C.
6. All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. No signs were
requested under subject application and none are approved. All signage
is subject to design review and shall require separate permits. Temporary
or portable signs shall be prohibited, and shall be removed upon 3 days
notice to the applicant.
7. All construction and site improvements shall conform to the
requirements of the Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
(
1\
8. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, IQ-I-91) for all off-street parldng areas. Storm water.
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
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.
9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a
solid wall or sight. obscuring fence at least four feet in height in
accordance with Ordinance 11-12-1 C. Coordinate location and
construction requirements with Sanitary Services, Inc.
10. Certificate of Occupancy: All required improvements shall 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% of the cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid shall
accompany any request for temporary occupancy. Any temporary
occupancy will not exceed 60 days to complete the required
improvements.
11. As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
12. Sanitary sewer and water service to this site shall be provided via
extension of mains being installed as part of the Butte Fence project.
13. 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
ORDER GRANTING CONDITIONAL USE PERMIT - 6
Adopt the Recommendations of the ACHD as follows:
14. Dedicate 29{eet of right-of-way (an additional 9-feet) from the .
centerline of Wilson Lane abutting the parcel by means of recordation
of a ~inal subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever
occurs first.
15. Construct curb, gutter, and 5-foot sidewalk and match paving on
Wilson Street abutting the site. Improvements shall be constructed to
one-half plus 12-feet of a 40-foot street section.
16. Construct an ACHD approved temporary turnaround at the end of
Wilson Lane. Submit a design of the turnaround for review and
approval by Distr!ct staff.
17. Provide a recorded cross access easement for the parcels to the south to
use this parcel for access to the public streets prior to issuance of a
building permit (or other required permits).
18. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
19. Construct a curb cut driveway at the west property line as proposed.
20. Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. The District requires
driveways be paved to their full-required width of 24 to 30-feet at least
30-feet beyond the edge of pavement of Wilson Lane.
21. Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Wilson Lane is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
22. Additionally, the Applicant shall comply with all the Standard
Requirements listed within the ACHD's letter dated June 16,2001.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
Adopt the Recommendations of the Meridian Fire Department as follows:
23. All Codes sha]l be met for a manufacturing plant according to th~
Uniform Fire Code. .
24. Several fire hydrants shall be required, first and second floor shall be
fitted with approved sprinkler systems.
25. Applicant shall require approval of the Fire Department for high pile
storage.
26. Applicant shall provide an access door in the rear of the building.
27. Trucks are not permitted in rear of building.
28. Use and storage of hazardous materials (e.g. Glue) shall be subject to
the review of the Fire Department.
Adopt the Recommendations of the Central District Health Dept as follows:
29. The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
30. Run-off is not to create a mosquito breeding problem.
31. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
32. The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Sanitary Service as follows:
33. Applicant shall provide a minimum of 10' inside gate post clearance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
\,
13. The proposed uses within the subject application will be harmonious
with and in accordance w.i1h the Meridian Comprehensive Plan and the City 9f
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as Mixed Use Review Area".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon i~ by the
'rLocal Land Use Planning Act of 1975" hereinafter referred to for convenience as the
UAct" codified at Chapter 65, Title 67, Idaho Code (I.c. s67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the uCity of Meridian Zoning and Development
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code ~ 11-17-
3)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harn,:.onious with and in accordance with the Comprehe?sive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Light Industrial
District (I-L), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the land under consideration for the conditional use
permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of
Meridian Zoning and Development Ordinance, which provides as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - II
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided
in Chapter 15 of this Title. Provided, however, that conditional use .
applications for land in Old Town and in industrial and commercial districts
shall only be required to have one public hearing which shall be held before
the Planning and Zoning Commission; and after the recommendation of the
Commission is made, the application shall go before the City Council without
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code ~ 11-17-6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required] in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the above named applicant is granted a conditional use permit for
the manufacture of inflatable boats for Elliott Business Park in an I-L zone located
east of Locust Grove Road and south of East Wilson Lane, Meridian, Idaho, subject
to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Landscaping shall be installed as submitted on the site plan. Three copies
of detailed landscape plans and irrigation performance specifications shall
be required prior to the issuance of a Certificate of Zoning Compliance.
All trees shall be 2" caliper or larger.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
2. The man-made pond shall be maintained in a manner that shall not allow
the pond to become stagnant or become a breeding ground for mosquitoes.
Documentation yerifying that provisions shall be made to ensure th~t the
pond shall not become a nuisance shall be submitted prior to requesting a
Certificate of Zoning Compliance.
3. The J aclcson Drain shall remain uncovered and the developer of the
subdivision shall be responsible for constructing a 10-foot asphalt pathway
along the Jackson Drain. Coordinate path design and location
requirements with the City Parks Dept. The pathway shall be constructed
or bonded for prior to occupancy of the AIRE structure.
4. All parldng and areas of circulation shall be improved with a hard surface in
accordance with Meridian City Code 11-13-4.D, and shall be installed and
striped in accordance. with the submitted site plan and Ordinance 11-13-
4.F. c
5. All exterior lighting, whether attached to the building or located within the
parldng lot, shall be down-shielded or otherwise altered so that the light
does not spill over onto adjacent properties or rights-of-way. All parldng lot
lighting shall be in accordance with Ordinance 11-13-4C.
6. All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. No signs were
requested under subject application and none are approved. All signage is
subject to design review and shall require separate permits. Temporary or
portable signs shall be prohibited, and shall be removed upon 3 days notice
to the applicant.
7. All construction and site improvements shall conform to the requirements
of the Americans with Disabilities Act.
8. A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557,10-1-91)
for all off-street parking areas. Storm water treatment and disposal shall be
designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
disposal into a surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development piau. approval. The applicant is responsible for filing aU
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid
wall or sight obscuring fence at least four feet in height in accordance with
Ordinance 11-12-1C. Coordinate location and construction requirements
with Sanitary Services, Inc.
10.Certificate of Occupancy: All required improvements shall 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 tl)..e City 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 shall accompany any
request for temporary occupancy. Any temporary occupancy will not
exceed 60 days to complete the required improvements.
lI.As part of a conditional use permit, the City of Meridian may impose
addi ti onal restrictions/ condi tions.
12. Sanitary sewer and water service to this site shall be provided via extension
of mains being installed as part of the Butte Fence project.
13.A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of constnlction.
Adopt the Recommendations of the ACHD as follows:
14.Dedicate 29-feet of right-of-way (an additional 9-feet) from the centerline
of Wilson Lane abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first.
15. Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson
Street abutting the site. Improvements shall be constructed to one-half plus
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
(
12-feet of a 40-foot street section.
16. Construct an Ac.HD approved temporary turnaround at the end of YVilson
Lane. Submit a design of the turnaround for review and approval by
District staff.
17.Provide a recorded cross access easement for the parcels to the south to use
this parcel for access to the public streets prior to issuance of a building
permit (or other required permits).
18.Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
19. Construct a curb cut driveway at the west property line as proposed.
20.Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. The District requires
driveways be paved to their full-required width of 24 to 3D-feet at least 30-
feet beyond the edge of pavement of Wilson Lane.
21.0ther than the access point(s) specifically approved with this application,
direct lot or parcel access to Wilson Lane is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
22.Additionally, the Applicant shall comply with all the Standard
Requirements listed within the ACHD's letter dated June 16,2001.
Adopt the Recommendations of the Meridian Fire Department as follows:
23.AlI Codes shall be met for a manufacturing plant according to the Uniform
Fire Code.
24.Several fire hydrants shall be required, first and second floor shall be fitted
with approved sprinlder systems.
25.Applicant shall require approval of the Fire Department for high pile
storage.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
26.Applicant shall provide an access door in the rear of the building.
27.Trucks are not permitted in rear of building.
28.Use and storage of hazardous materials (e.g. Glue) shall be subject to the
review of the Fire Department.
Adopt the Recommendations of the Central District Health Dept as follows:
29.The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
30. Run-off is not to creq,te a mosquito breeding problem.
31. Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
32.The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
Adopt the Recommendations of the Sanitary Service as follows:
33. Applicant shall provide a minimum of 10' inside gate post clearance.
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 requirements as a condition of approval of the application for a
conditional use permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
i
I
\,
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit approval may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of Judd-', 2001.
ROLLCALL:
:Jfb:L
COUNCILMAN RON ANDERSON
VOTED~/L
VOTED~
VOTED~
VOTED$<'L
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 7-$-0/
MOTION: I!Ji;J
APPROVED: ~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:Jldt~~ ~ R
City Clerk < v"
Dated:
, .\\~,!$mrHtf~~
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~... V" wn.:.:.l'%~' q&..
$ ~ :~
If QrOOA~ ~ ~~%
6:
FINDINGS OP PACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/19/01
IN THE .J\.1ATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR THE )
.J\.1ANUFACTURE OF )
INFLATABLE BOATS IN THE )
ELLITOTT BUSINESS PARK, IN )
AN I-L ZONE, LOCATED EAST )
OF LOCUST GROVE ROAD )
AND SOUTH OF EAST )
WILSON LANE, MERIDIAN, )
IDAHO )
H2NR, LLC, )
)
APPLICANT )
)
Case No. CUP-OI-OI3
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the yh day of June,
2001, and tabled until J Ulle 19, 2001, under the provisions of Meridian City Code ~
11-17 A 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
the manufacture of inflatable boats for Elliott Business Park, in an I-L zone located
east of Locust Grove Road and south of East Wilson Lane, Meridian, Idaho, subject
to the following conditions of use and development:
ORDER CONDITIONAL USE PERMIT
BY H2NR, LLC / CUP-OI-013
- 1
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
- .
1. Landscaping shall be installed as submitted on the site plan. Three
copies of detailed landscape plans and irrigation performance
specifications shall be required prior to the issuance of a Certificate of
Zoning Compliance. All trees shall be 2" caliper or larger.
. 2. The man-made pond shall be maintained in a manner that shall not
allow the pond to become stagnant or become a breeding ground for
mosquitoes. Documentation verifying that provisions shall be made to
ensure that the pond shall not become a nuisance shall be submitted
prior to requesting a Certificate of Zoning Compliance.
3. The Jackson Drail). shall remain uncovered and the developer of the
subdivision shall be responsible for constructing a 10-foot asphalt
pathway along the Jackson Drain. Coordinate path design and location
requirements with the City Parks Dept. The pathway shall be
constructed or bonded for prior to occupancy of the AlRE structure.
4. All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and shall be
installed and striped in accordance with the submitted site plan and
Ordinance 11-13-4.F.
5. All exterior lighting, whether attached to the building or located within
the parldng lot, shall be down-shielded or otherwise altered so that the
light does not spill over onto adjacent properties or rights-of-way. All
parking lot lighting shall be in accordance with Ordinance 11-13-4C.
6. All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. No signs were
requested under subject application and none are approved. All signage
is subject to design review and shall require separate permits. Temporary
or portable sign.8 shall be prohibited, and shall be removed upon 3 days
notice to the applicant.
7. All construction and site improvements shall conform to the
requirements of the Americans with Disabilities Act.
ORDER CONDITIONAL USE PERMIT
BY H2NR, LLC / CUP-OI-013
-2
8. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 1 Q-I-91) for all off-street parldng areas. Storm water.
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
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.
9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a
solid wall or sight, obscuring fence at least four feet in height in
accordance with Ordinance 11-12-1 C. Coordinate location and
construction requirements with Sanitary Services, Inc.
10. Certificate of Occupancy: All required improvements shall 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% of the cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid shall
accompany any request for temporary occupancy. Any temporary
occupancy will not exceed 60 days to complete the required
improvements.
11. As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
12. Sanitary sewer and water service to this site shall be provided via
extension of mains being installed as part of the Butte Fence project.
13. A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of construction.
Adopt the Recommendations of the ACHD as follows:
ORDER CONDITIONAL USE PERMIT
BY H2NR, LLC I CUP-OI-OI3
- 3
14. Dedicate 29~feet of right-of-way (an additional 9-feet) from the
centerline of Wilson Lane abutting the parcel by means of recordation
of a final subdivision plat or execution of a warranty deed prior t.o
issuance of a building permit (or other required permits), whichever
occurs first.
15. Construct curb, gutter, and 5-foot sidewalk and match paving on
Wilson Street abutting the site. Improvements shall be constructed to
one-half plus 12-feet of a 40-foot street section.
16. Construct an ACHD approved temporary turnaround at the end of
Wilson Lane. Submit a design of the turnaround for review and
approval by District staff.
17. Provide a recorded cross access easement for the parcels to the south to
use this parcel for access to the public streets prior to issuance of a
building permit (or other required permits).
18. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
19. Construct a curb cut driveway at the west property line as proposed.
20. Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. The District requires
driveways be paved to their full-required width of 24 to 30wfeet at least
30wfeet beyond the edge of pavement of Wilson Lane.
21. Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Wilson Lane is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
22. Additionally, the Applicant shall comply with all the Standard
Requirements listed within the ACHD's letter dated June 16,2001.
Adopt the Recommendations of the Meridian Fire Department as follows:
23. All Codes shall be met for a manufacturing plant according to the
Uniform Fire Code.
ORDER CONDITIONAL USE PERMIT
BY H2NR, LLC / CUP-OI-013
-4
24. Several fire hydrants shall be required, first and second floor shall be
fitted with ap.proved sprinkler systems.
25. Applicant shall require approval of the Fire Department for high pile
storage.
26. Applicant shall provide an access door in the rear of the building.
27. Trucks are not permitted in rear of building.
28. Use and storage of hazardous materials (e.g. Glue) shall be subject to
the review of the Fire Department.
Adopt the RecommendaJions of the Central District Health Dept as follows:
29. The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
30. Run-off is not to create a mosquito breeding problem.
31. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
32. The Engineers and architects involved ",nth the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Sanitary Service as follows:
33. Applicant shall provide a minimum of 10' inside gate post clearance.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
ORDER CONDITIONAL USE PERMIT
BY H2NR, LLC / CUP-OI-OI3
-5
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code ~ 11-17 ~8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
JI0
day of
Jidf
, 2001.
Ro@i:l~a~ridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney. ,;\\1-.,1\ll.fttHlfU1!fJr.
....*~ Of J1I~~~ t~rA
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II:
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Dated:
7-3 -tJ I
ORDER CONDITIONAL USE PERMIT
BY H2NR, LLC / CUP-O 1-013
- 6
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06-19-01
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A FREE- )
STANDING COFFEE HUT' )
WITH DRIVE-THRU IN A C-G )
ZONE, LOCATED AT 1975 E. )
FAIRlVEW, MERIDIAN, IDAHO )
)
TJBJ, INC. )
)
APPLICANT )
)
Case No. CUP-OI-010
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on June 5, 200 I, and tabled until June 19, 2001, at the hour
of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and no one
appeared in opposition, and the City Council having duly considered the evidence
and the record in this matter and the Recommendations to City Council issued by
the Planning and Zoning Commission who conducted a public hearing and the
Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for June 5,
2001, and tabled until June 19, 2001, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than.fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the June 5,2001,
and tabled until June 19, 2001, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509,6512, and Meridian City Code ~~ 11-15-5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
of Posting filed with the staff report.
3. This proposed development request is in a C-G zone and by reasqn of
the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required
before the City Council on this application.
4. The property is located at 1975 E. Fairview, Meridian, Idaho.
5. The owner of record of the subject property is Wild Shamrock, LLP of
Meridian, Idaho.
6. Applicant is T. Mason} Meridian, Idaho.
7. The subject property is currently zoned C-G. The zoning district of C-G
is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for a free-
standing coffee hut with drive-thru. The C-G zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
(
conditional use as determined by City Ordinance.
11. The MeridiaIl 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, and
in accordance with the drawing of May 3, 2001, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. The Applicant has not requested any municipal services to serve this
use. They intend to be a fully self-contained unit. If approved, evidence
of approval from the Central District Health Department for operation
of this self-contained unit shall be submitted to the Planning
Department at the time of Certificate of Zoning Compliance.
2. Parking: The proposed Moxie Java is required to have 5 parking spaces
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
per Ordinance 11-13 for a single drive-through window. Econo-Lube is
required to have 13 spaces. The Commission and Council shall require
the Applicant to stripe two parallel parldng spaces west of the pr9posed
structure (based on the revised May 3, 2001 Plan) and seek to obtain a
cross-parking agreement between Econo~Lube and Schucks for the two
remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2
spaces short of their requirement. Schucks has at least 2 more spaces
than they are required to have. A variance was granted to the Applicant
in Case No. VAR-OI-008, at the City Council meeting held on June 19,
2001, wherein the Applicant was granted to reduce the parking by two
spaces.
3. Some form of hanging planters or other landscaping around the base of
the structure shall be provided to beautify the building.
4. A Certificate of Occupancy (e.O.) for the business is required prior to
operation. This e.O. shall be signed by representatives of the Fire
Department, Building Department and Planning & Zoning Department,
at a minimum.
5. Violation of any of the above conditions shall be cause to revoke a
certificate of occupancy for the free-standing coffee hut with drive-thru.
The conditional use permit shall be subject to review upon ten (10)
days notice to the applicant.
6. Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
7. Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
8. All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
9. All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
10. The applicant shall be required to have at least 100-feet of stacldng
distance between both existing driveway locations.
11. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
12. No new driveways are approved with this application.
13. Applicant shall also comply with all the Standard Requirements of the
ACHD's letter dated April 19, 2001.
Adopt the Recommendations of the Central District Health Department as
follows:
14. Applicant shall provide plans for a plan review to the Department for a
beverage establishment.
Adopt the Recommendations of the Meridian Fire Department as follows:
15. Applicant shall satisfy code requirements of all departments.
Adopt the Sanitary Sewer Service Recommendations as follows:
16. Applicant shall provide 10' inside gate opening.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as Mixed/Planned Use Development".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT M 6
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975u hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.e. ~67-6503).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 7
('
2. The Meridian City Council may exercise all the powers required and
authorized under the UAct"-except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code ~ 11-17-
3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excesshre production of traffic, noise, smoke, fumes, glare
or odors; .
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the General Retail and
Service Commercial District (C-G), a public hearing shall be conducted with notice to
be published and provided to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the land under consideration for the
conditional use permit all in accordance with the provisions of Meridian City Code ~
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. Th~ Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code S 11-17~6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
e. 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 Comprehensive Plan of the City of Meridian, which was adopted December
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. The above named applicant is granted a conditional use permit for a
free-standing coffee hut with drive-thru in a C-G zone located at 1975 E. Fairview,
Meridian, Idaho, and in accordance with the drawing of May 3,2001, subject to
the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. The Applicant has not requested any municipal services to serve this use.
They intend to be a fully self-contained unit. If approved, evidence of
approval from the Central District Health Department for operation of this
self-contained unit shall be submitted to the Planning Department at the
time of Certificate of Zoning Compliance.
2. Parldng: The proposed Moxie Java is required to have 5 parldng spaces per
Ordinance 11-13 for a single drive-through window. Econo-Lube is
required to have 13 spaces. The Commission and Council shall require the
Applicant to stripe two parallel parldng spaces west of the proposed
structure (based on the revised May 3,2001 Plan) and seek to obtain a
cross-parldng agreement between Econo-Lube and Schucks for the two
remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2
spaces short of their requirement. Schucks has at least 2 more spaces than
they are required to have. A variance was granted to the Applicant in Case
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
No. VAR-OI-008, at the City Council meeting held on June 19,2001,
wherein the Applicant was granted to reduce the parldng by two spaces.
3. Some form of hanging planters or other landscaping around the base of the
structure shall be provided to beautify the building.
4. A Certificate of Occupancy (e.O.) for the business is required prior to
operation. This e.O. shall be signed by representatives of the Fire
Department, Building Department and Planning & Zoning Department, at
a minimum.
5. Violation of any of the above conditions shall be cause to revoke a
certificate of occupancy for the free-standing coffee hut with drive-thru.
The conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. .
6. Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
7. Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.e.
8. All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
9. All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
10.The applicant shall be required to have at least 100-feet of stacking
distance between both existing driveway locations.
11. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
12.No new driveways are approved with this application.
13. Applicant shall also comply with all the Standard Requirements of the
ACHD's letter dated April 19, 2001.
Adopt the Recommendations of the Central District Health Department as
follows:
14. Applicant shall provide plans for a plan review to the Department for a
beverage establishment.
Adopt the Recommendations of the Meridian Fire Department as follows:
15. Applicant shall satisfy code requirements of all departments.
Adopt the Sanitary Sewer Service Recommendations as follows:
16. Applicant shall provide 10' inside gate opening.
13. 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 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
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 Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit approval may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of
, 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
\\NP A _ NTS40 ]OC\SERVER _ Z\ W ork\M\Meridian\Meridian J 5360M\Moxie Java CUPO 1-0 1 O\FfClsCUPO [-0 lO.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 15
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/19/01
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A FREE- )
STANDING COFFEE HUT )
WITH DRIVEMTHRU IN A CMG )
ZONE, LOCATED AT 1975 E. )
FAIRVIEW, MERIDIAN, IDAHO )
)
TJBJ, INC., )
)
APPLICANT )
)
Case No. CUP-OI-OIO
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the yh day of June,
2001, and tabled until June 19,2001, under the provisions of Meridian City Code ~
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 free-standing coffee hut with drive-thru, in a C-G zone located at 1975 E. Fairview,
Meridian, Idaho, and in accordance with the drawing of May 3,2001, subject to the
following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
ORDER CONDITIONAL USE PERMIT
BYTJBJ, INC. / CUP-OI-OIO
- I
1. The Applicant has not requested any municipal services to serve this use.
They intend to be a fully self-contained unit. If approved, evidence of
approval from the Central District Health Department for operation of this
self-contained unit shall be submitted to the Planning Department at the
time of Certificate of Zoning Compliance.
2. Parldng: The proposed Moxie Java is required to have 5 parldng spaces per
Ordinance 11-13 for a single drive-through window. Econo-Lube is
required to have 13 spaces. The Commission and Council require the
Applicant to stripe two parallel parldng spaces west of the proposed
structure (based on the revised May 3, 2001 Plan) and seek to obtain a
cross-parldng agreement between Econo-Lube and Schucks for the two
remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2
spaces short of their requirement. Schucks has at least 2 more spaces than
they are required to ha"e;' A variance was granted to the Applicant in Case
No. VAR-OI-008, at the City Council meeting held on June 19,2001,
wherein the Applicant was granted to reduce the parking by two spaces.
3. Some form of hanging planters or other landscaping around the base of the
structure shall be provided to beautify the building.
4. A Certificate of Occupancy (e.O.) for the business is required prior to
operation. This C.O. shall be signed by representatives of the Fire
Department, Building Department and Planning & Zoning Department, at
a minimum.
5. Violation of any of the above conditions shall be cause to revoke a
certificate of occupancy for the free-standing coffee hut with drive-thru.
The conditional use pertuit shall be subject to review upon ten (10) days
notice to the applicant.
6. Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
7. Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C.
ORDER CONDITIONAL USE PERMIT
BY TJBJ, INC. / CUP-GI-GIG
-2
8. All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
9. All construction shall confonn to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
10. The applicant shall be required to have at least 100-feet of stacking
distance between both existing driveway locations.
11. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
12.No new driveways are approved with this application.
13. Applicant shall also comply with all the Standard Requirements of the
ACHD's letter dated April 19, 2001.
Adopt the Recommendations of the Central District Health Department as
follows:
14. Applicant shall provide plans for a plan review to the Department for a
beverage establishment.
Adopt the Recommendations of the Meridian Fire Department as follows:
15. Applicant shall satisfy code requirements of all departments.
Adopt the Sanitary Sewer Service Recommendations as follows:
16. Applicant shall provide 10' inside gate opening.
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
ORDER CONDITIONAL USE PERMIT - 3
BYTJBJ, INC. / CUP-OI-OIO
without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
day of
,2001.
Robert D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By:
City Clerk
Dated:
\\NP A_NTS40 ]OOSERVER_ z... W ork\M\Meridian\Meridian IS360M\Moxie Java curD 1-0 1 O\OrderCUPO] -0 I O.doc
ORDER CONDITIONAL USE PERMIT
BY TJBJ, INC.! CUP-OI-OI0
-4
CB Financial Development, L.L. C.
4202 N. Marcliffe Ave
Boise, Idaho 83704
Tel: 208-323-7873 Fax: 208-375-7246
~
1"\J ;,-4, CEI'lE
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C\TY OF ME.RiDiAN
'C\TY CLERK OFF'CE
Elm Tree Plaza - Meridian
2031 E. Fairview Ave, & 2053 E. Fairview Ave.
June 25, 2001
City of Meridian
33 East Idaho
Meridian, Idaho 83642
A TTN: His Honor the Mayor and City Council Members,
SUBJECT: Final Approval sche9-uled for July 3,2001 of the Moxie Java Drive
through proposed for 1975 E. Fairview Ave
Dear Your Honor and Members of City Council,
We are writing to voice our concerns regarding the Moxie Java drive-through proposed
for 1975 E. Fairview Ave. As a matter of Public Safety, we respectfully request you not
vote your acceptance and final approval of the Findings of Fact at your July 3rd meeting,
until all applicable facts, can be truly confirmed and verified. We believe at least one of
the presented facts you may have heavily relied upon for your approval oftrus project, is
indeed not true.
First, however, we must advise we are strongly against this proposed development for a
number of other reasons applicable to our Elm Tree Plaza shopping center. The parking
lot in front ofEcono-Lube is being reduced by much more than half of their current total
parking spaces. There are presently some Bcono-Lube patrons parking in our lot, just
east of their building. In the interest of being a good neighbor, we have not complained
loudly. However, if the parking places presently nearest the service bays are reduced by
over half, our western most parking spaces then become some of the closest parking
spaces to their service bays. Planning and Zoning advised us Econo-Lube has a shared
parking agreement with Shucks Auto to compensate for the parking spaces being deleted
to make room for the proposed Moxie Java. However, Econo-Lube patrons will be much
more apt to park in our parking area, as they are presently doing, as they are much nearer
to the Econo-Lube service bays than the proposed shared lot at Shucks. We respectfully
advise we need all of our parking for our tenant's patrons.
We are also opposed to approval based on the principal of a fair and level playing field
for all. We can provide our original design drawing of Elm Tree Plaza, in which we
designed a drive through window at the western end of our main building, where Smoky
Davis Deli is currently located. We were advised by Planning and Zoning, a drive
through was not possible, mostly based on the fact we were one (1) parking space short,
(
CB Financial Development, L.L.C.
Page 2
in a required parking lot of over 100 parking spaces. (one (1) short out of over 100
spaces would have required a less than one percent (1%) variance: which was not
allowed). We notice this proposed drive through was short by two (2) parking spaces,
out ofarequired five (5). (two (2) short out of five (5) required a forty percent (40%)
variance: which was allowed). It seems unfair we would be turned down being one
short out of one hundred parking spaces, yet our neighbor was granted a variance being
two short out of only five required. We were advised by P & Z staff we would never be
awarded a variance for a drive-through on Fairview. Clearly, this was not the case.
However, the reason we are strongly requesting you not to approve the Final Finding of
Fact goes beyond our concerns as owners of Elm Tree Plaza. It speaks to the much larger
issue of Public Safety. We can best illustrate our points of concern through attached
"Exhibit A", a drawing we received from Planning and Zoning, last Friday.
The attached "Exhibit A" shows a line of cars waiting to be serviced at the drive through
window we label as point "A". This leaves a very narrow two-way ingress and egress
(we label point "B") just to the south of the line of waiting- for-service patrons. Just-
served-patrons must make a sharp "U-Turn" (we label point "C"), in order to get back on
to Fairview Ave. You can realize the Public Safety and traffic flow concerns, caused by
a heavy use in prime morning and afternoon drive time with patrons turning off and on
Fairview at one site. (we label point "D"). You can also imagine the horrible risk to life
and property if a fire truck had to respond to a fire in a building with large volumes of
flammable liquids stored in large tanks, while being impeded by a very obvious bottle
neck of traffic stuck between a possible burning building and approaching fire trucks,
with no way to exit, except for the same entry the fire truck is trying to use. The Fire
Marshall would have a much better idea ifhis trucks can successfully negotiate the turn
off Fairview and into the Econo Lube parking lot while sharing two lanes of ingress and
egress with patrons purchasing coffee and Lube jobs. It looks much too risky to our
admittedly amateur appraisal of the potentially explosive situation.
We were not at the public meetings, as we did not receive notice ofthe hearings ofthis
proposed project until Friday, June 22nd , but it seems apparent to us, the City Council, in
the interest of Public Safety, would not want to approve a bottle neck and congestion of
cars in an area obviously poorly designed for a traffic flow featuring a very cramped turn
around space. We thus must assume it was represented to you as part ofthe facts
and findings. that there is currently a Cross Access Agreement allowing use of the
drive way between our parking lot and Econo-Lube. (we label point "E") on
attached Exhibit A. We respectfully advise there is no Cross Access Agreement
currently and, further, we do not intend to grant an agreement or allow the use of our
driveway and parking lot in the ingress and egress from the Econo-Lube property or from
this proposed Moxie Java project, as it is currently presented.
CB Financial Development, L.L.C.
Page 3
Why we do not wish to grant such an agreement? Frankly, we spent six. months between
April of1999 and September of 1999 trying to persuade the property owner's CSK
AUTO attorneys to agree to a very simple Cross Access Agreement, whereby we both
could use each other's parking lots for simple ingress and egress. We advised them the
City of Meridian, Ada County Highway and our mortgage lender were all requesting us
to come to this very simple agreement, in fact our lender would not close without either
an agreement or closure ofthe driveway. To this end, we sent them a simple form,
provided us by Ada County Highway, providing for a simple reciprocal use of each
other's parking lots. After many phone call follow ups, they verbally commented they
did not care who required such an agreement, they needed concessions from our side
before they would even consider it. In the interest of bringing closure, being a good
neighbor, and allowing us to close our mortgage loan, we asked Mr. Robert Ennis the
attorney representing Econo.:Lube themselves to write a Cross Access Agreement that
would again grant simple Cross Access Agreement, whereby we both could use each
others parking lots for ingress and egress. Please note the attached "Exhibit B" fax
response to Mr. Ennis's proposal. In this letter they reject both of our proposals and
required us to draw a site plan and "master plan" of both sites, at a cost estimated by our
engineer to be $1200.00. We had to provide our signage drawings to them for their
approval, we also had to agree to have all of our proposed tenants approved by them
against what they considered "noxious" uses. They state even then they would not
guarantee they would accept it, but only consider it. They refused to budge from their
demands.
In frustration and to enable us to close our loan, we had no choice but to close the
driveway between our two parking lots. We did this in a letter addressed to them on
September 21, 1999, (we attach as Exhibit C). We advised them the driveway was
closed and we barricaded the driveway on September 23, 1999. We used a black rubber
barricade to close the driveway. Within one month the management ofEcono-Lube took
down our barricade and opened the driveway between us, without permission or any type
of notification to us.
Frankly, Your Honor and Members of Council, we find it very ironic, after refusing to
cooperate so vehemently for such a long period of time, they seem to be implying a Cross
Access Agreement is in place now that it suits their purpose. It is also ironic that they are
trying to push through a competitive business to our own Coffee Plantation tenant, when
no-competitive tenants was a major condition they insisted we agreed to for them to even
consider providing a Cross Access Agreement. We were trying to be a good neighbor
and trying to comply with the requests of the City, ACHD and our lender, they were
trying to play legal hardball, insisting upon conditions no prudent neighbor would accept.
In closing, we realize our concerns regarding the parking situation may be legally
resolved by the shared parking agreement between Eeono-Lube and Shucks, however,
CB Financial Deve!opment, L.L. C.
Page 4
our request to you not to vote final approval of the Finding of Facts is based on our
suspicion that one ofthe major facts represented, an existence of a Cross Access
Agreement, is indeed not a fact and does not exist. We do intend to re-barricade the
drive-way within the next ten (10) days, to stop the use of our parking lot by Econo-
Lube, as they refused to allow us to use their parking lot for a simple means of ingress
and egress. We believe the proposed project creates a dangerous bottle-neck of cars
trying to ingress and egress Fairview Ave and will create a fire lane hazard into a highly
combustible storage property that especially needs quick fires service, if a fire should
breakout. We are concerned the safety of the motoring public and our tenants is not well
served by a potential explosive situation presented in this proposed project. We hereby
urge you to not accept the Final Findings of Fact until all facts can be checked and
thereby an informed decision can be made, taking into account all of the pertinent and
factual information regarding traffic flows and safety concerns.
We thank you for your time in reviewing this long and detailed compilation of our
concerns. We apologize for not being at the public meetings, had we known this project
was being considered, we would have presented our arguments at that time.
~;;X®moo,
Tom Bev
Manager
,--
ECONO LUElE N' 1lJNE
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July 9, 1999
VIA FACSIMILE
Robert J. Ennis
447iEmerald Street
S-qite. C250 .
Boise, Idaho 83706-2044
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,', \rRe: ',,'. Cross-Access Agreement - Fairview Property, Meridian, Idaho; ~SK Auto, Inc.
. De~' Bob:
. ;.,
I:..liave: net talked with you for several months~ and I hope all is going extremely well for you. I was
provlded a copy of the proposed cross access easement with Elm Tree Plaza on the Fairview Property for
review~ and am responding to you directly since you and I worked together for several months on the
original easement agreement between an.d amongst Wild Shamrock, LLP, CSK Auto, Inc. and FFCA
Acquisition Corporation, As such, I know you are intimately familiar with the existing agreement and
properties involved.
I reviewed the proposal and the draft agreement, and although I tl1ink the cross-access may be something
CSK and FFCA would consider, we will .first need to be provided for review a better site plan of the
entire property to be covered by the easement agreement, a proposed "master plan" for the shopping
center area showing circulation and traffic, access from adjacent right of ways and signagej and proposed
uses for the shopping center. Also, CSK would want to ensure that its present use, the retail sale of auto
parts, supplies and accessories, is protected on the entire property covered by the easement agreement
and that other "noxious" uses are not permitted.
Please let me know if you can obtain this infonnationlfeedback from the developer of the Elm Tree
Plaza, As always, call with any questions or comments.
Sincerely,
~
CS~KU 0, INCi
. rJ'lJ-1
Randl; , Tal' Morrison
\
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cc:
Lon ~ovatt
Mike Tankersley
g;lJcg,al\wpl.me:idiM\COlU2.,'.\.EL11 TREE PLAZA.! t.r
645 E MssQurl Av.; sur:e 400 PhOiSnix. A1. 85012.1373 (602) 265-9200
"e. II
EX1410,r
CB Financial Development, L.L.C.
4202 N. Marcliffe Ave
Boise, Idaho 83704
Tel: 208-323-7873 Fax: 208-375-7246
SEP 22
L\
Elm Tree Plaza - Meridian
2031 E. Fairview Ave, & 2053 E. Fairview Ave.
September 21, 1999
Fax: 602-264-0495
CSK AUTO, INC.
645 E. Missouri Ave.
Phoenix, AZ 85012
Attn: Ms. Randi Morrison
Subject:
RE:
Cross-Access Easement Agreement
Elm Tree Plaza in Metidi~ Idaho
(next property west to Econo-Lube from your store in Meridian, Idaho)
Ref:
Your fax of September 21, 1999
Dear Ms. Morrison,
Thank you for your above referenced fax. We presented a simple Cross Access Easement
Agreement, written by Mr. Robert Ennis, an attorney hired by Mr. Rick Thomas, General Partner
of the LLP which owns Econo-Lube, your neighbor to the immediate east of your Meridian store.
This Cross Access Easement simply allowed customer traffic to flow between, Shucks, Econo-
Lube and Elm Tree Plaza.
The stated conditions for your firm to sign this agreement are not acceptable. We do not feel it
should be our financial responsibility to draw up new site plans or a proposed "master plan" or
that we provide broad guarantees regarding what we can or cannot do with our property. We
proposed and still propose, a simple agreement that would allow your customers to use our
driveway and our customers to use your driveway. In effect, allowing customers to move freely
between our two shopping areas without having to pull out on to Fairview Ave. to access the
neighboring shopping area. This agreement is only intended and proposed to enhance the safety
and convenience of shared customers.
Mr. Thomas and ourselves agree to the provisions in the agreement Mr. Ennis has written, but it
seems CSK Auto cannot agree to this simple agreement. We thus have no choice but to banicade
the existing common drive-thru area incorporated in both parking lots. We hope we can come to
an amiable agreement between the two shopping areas, which will allow us to enhance our
customers safety and well being instead of trying to unduly influence the business or our
neighbors.
CB Financial Development, L.L.C.
- Elm Tree Plaza - Meridian
Page 2
September 21, 1999
CSK Auto - Ms. Morrison
This closing of the cross access is unfortunate for our customers, however, it seems to us, much
more detrimental to your location. Our driveway provides your location a more open area to the
west than is currently possible. I would highly recommend you contact your store manager at the
location and ask him his opinion of connecting your parking lot with a shopping area of 12 other
retail stores. None of which, by chance, has anything to do with auto spare parts.
We hope you can accept the presented agreement and thus allow for a safer and more convenient
cro~ between our two shopping areas.
Be t ards
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR CONDITIONAL USE PERMIT FOR )
TUSCANY LAKES SUBDIVISION FOR A )
PLANNED RESIDENTIAL )
DEVELOPMENT, LOCATED AT THE )
SOUTH SIDE OF VICTORY ROAD, )
EAST OF LOCUST GROVE WEST OF )
EAGLE ROAD, MERIDIAN, IDAHO )
)
)
BY: GEM PARK II DEVELOPMENT, )
)
APPLICANT. )
)
C/C 06/19/01
CUP-OO-052
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on the 5th day of June, 2001 and continued until June 19, 2001, at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30
o'clock p.m., and the Council having received the record of this matter from the
Planning and Zoning Commission including the Planning and Zoning Commission's
Recommendation to City Council, and Shari Stiles, Planning and Zoning
Administrator, and Gary Smith, Public Works Director, appeared and testified, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY GEM PARK II PARTNERSHIP I (CUP-OO-052)
- I
appearing and testifying on behalf of the Applicant was: Kent Brown of Briggs
Engineering, Inc., and appearing and testifying with comments/concerns or in .
opposition were: Herman Pullman, Rex Young, Mary DeChambeau, and Greg
Johnson, and the Council having duly considered the matter makes the following
Findings of Fact and Conclusions of Law and Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified 'at Title 11 Municipal Code of the City of
Meridian and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994
and Maps.
2. 5taffhas complied with the requirements ofLe. ~ 67-6509 and 67-
6512 and ~~ 11-2-416 E and 11-2-418 E.
3. The accompanying project for annexation and zoning in Case No. AZ-
00-023 was denied at the City Council meeting held on June 19, 2001, for the
reasons stated within the Findings of Fact and Conclusions of Law denying the
annexation and zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY GEM PARK II PARTNERSHIP / (CUP-OO-052)
- 2
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BAS-ED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING,
and specifically due to the fact that the corresponding Case No. AZ-00-023 was
denied at the City Council meeting held on June 19, 2001, for the reasons stated
within the Findings of Fact and Conclusions of Law denying the annexation and
zoning. This application is therefore denied.
The City Council of the City of Meridian hereby adopts and approves this
Decision and Order of Denial.
Dated this :J1Yl.. day of
Jtdf'
, 2001.
DECISION OF DENIAL
ROLLCALL:
COUNCILMAN ANDERSON
VOTED~c.-
COUNCILMAN BIRD
VOTED -f/!:.-A'/
COUNCILWOMAN deWEERD
VOTED~tv
COUNCILWOMAN McCANDLESS
VOTED $~'-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY GEM PARK II PARTNERSHIP I (CUP-OO-052)
- 3
c
----
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 7--:3 --0/
MOTION: ~
APPROVE . ------rn5APPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
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Department and the City Attorney.
ByJl~~~P.
City Clerk pr
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERl\1IT
BY GEM PARK II PARTNERSHIP I (CUP-OO-052)
- 4
(
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN .
C/C 06-19-01
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR TUSCANY LAKES
SUBDIVISION BY GEM PARK
II PARTNERSHIP
)
)
)
)
)
)
)
Case No. PP-OO-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on June 5,2001, and continued until June 19,2001, at the hour of 6:30
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City
Council takes judicial notice of its action of the denial of the application for
annexation and zoning in Case No. AZ-OO-023, and the hearing was opened on the
preliminary plat application and Shari Stiles, Planning and Zoning Administrator,
and Gary Smith, Public Works Director, appeared and testified, and appearing and
testifying on behalf of the Applicant was: Kent Brown of Brigss Engineering, Inc., and
appearing and testifying with comments/concerns or in opposition were: Herman
Pullman, Rex Young, Mary DeChambeau, and Greg Johnson, and the City Council
based upon its Findings of Fact and Conclusions of Law and Decision and Order in
Case No. AZ-OO-023 does hereby deny the application for preliminary plat approvaL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
GEM PARK II PARTNERSHIP FOR TUSCANY LAKES SUBDIVISION (PP-OO-024)
- 1
FINDINGS OF FACT
1. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of
approval of the preliminary plat due to the denial of the annexation and zoning in
Case No. AZ-00-023.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which
are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon
the denial of the annexation and zoning in Case No. AZ-OO-023, the Council does
hereby deny the application for preliminary plat approval.
"9 fl,h
By action of the City Council at its regular meeting held on the _~_=::::aay of
rJcdq
V
, 2001.
Copy served upon Applicant, the Planning and Zoning Department, PUb~\W{3~. tl$f1'1tJlJ:
~i\ Of 1,/:_
Departm Ilt and City Attorney. "..~01:-"' ~""\ ~I>\
/I~ ~ a.r;~~ '
BY' "~~IJ Dated: 7/3--v/ l .""- . \
City Clerk 5 SEAL i
t; M ff
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Z:\Work\M\Meridian\Meridian 15360M\Tuscany Lakes Sub AZ-OO-023 PP-OO-024 CUP-OO-052\FFdJ;,'lif ~lrl' "i Pi;
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FINDINGS OF FACT AND CONCLUSIONS OF LAW"~~~~ p ~
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT ~l!{i:l\.t(1oM~~~
GEM PARK II PARTNERSHIP FOR TUSCANY LAKES SUBDIVISION (PP-OO.024) - 2
04t"'"
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 156.21
ACRES FOR THE PROPOSED
TUSCANY LAKES
SUBDIVISION, LOCATED AT
THE SOUTH SIDE OF
VICTORY ROAD EAST OF. .
LOCUST GROVE ROAD WEST
OF EAGLE ROAD, MERIDIAN,
IDAHO
BY GEM PARK II
PARTNERSHIP,
C/C 06-19-01
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ~OO~023
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled annexation and zoning application having come on
for public hearing on June 5, 2001, and continued until June 19,2001, at the hour of
6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, and Gary Smith,
Pubic Works Director, appeared and testified, and appearing and testifying on behalf
of the Applicant was: Kent Brown of Briggs Engineering, Inc., and appearing and
testifying with comments/concerns or in opposition were: Herman Pullman, Rex
Young, Mary DeChambeau, and Greg Johnson, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 1
FINDINGS OP PACT
1. The notice of -public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for June 5,2001, and continued until June 19,2001, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred (300') feet 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 June 5,2001, and continued until June 19,2001, public hearing;
and the applicant, affected property owners, and government subdivisions providing
services within the planning jurisdiction of the City of Meridian, having been given
full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ~~ 67-6509 and 67-6511, and ~~11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 2
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted :b>ecember 21, 1993, Ordinance No. 629, January 4,.1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 156.21 acres in size and is located at the
south side of Victory Road east of Locust Grove Road west of Eagle Road. The
property is designated as Tuscany Lakes Subdivision.
5. The owner of record of the subject property is the Kenai Partners, LLC
of Boise, Idaho.
6. Applicant is Gem Park II Partnership of Meridian, Idaho.
7. The property is presently zoned by Ada County as (RT) Rural
Transitional, and consists of agricultural uses.
8. The Applicant requests the property be zoned as Low Density
Residential District (R-4).
9. The subject property is bordered on all sides by worldng farms and rural
residential uses, zoned RUT and by Thousand Springs Subdivision zoned R-4 by
Meridian.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 3
12. The Applicant proposes to develop the subject property in the following
manner: a residential subdi-vision of 349 building lots and 44 other lots.
13. The Applicant requests zoning of the subject real property as R-4 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single-Family Residential.
14. The Meridian City Council recognizes and takes notice of the concerns
of Jon.and Bonnie Glick, Mr. and Mrs. G. Webb, William Patterson, Mary Morgner
DeChambeau, and Al Malaise. '
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The proposed development would pose a high demand for police and
fire services, as the services are presently inadequate to serve the proposed
development.
17. It is found to not be in the best interests of the City of Meridian to
annex the subject property, at this time, given the subject development proposal.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies witl1in the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 4
2-417 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 City Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4, 1994.
4. The requested zoning of Low Density Residential District, (RM
4), are defined in the Zoning Ordinance at 11-7-2 e. as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall
be permitted and no conditional uses shall be permitted except for planned
residential development and public schools. The purpose of the RA District is
to permit the establishment of low density single-family dwelling, and to
delineate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal
water and sewer systems of the City.
5. That in ~ 11-2-417 A it provides in part that:
"If the Commission and Council approve an annexation request, the
Commission and Council shall insure that said annexation is in accord
with this Ordinance and the Comprehensive Plan."
6. Idaho Code s 67-6511 (c) provides in matters where the City Council is
considering a zoning designation application as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 5
(
"If the request is found by the governing board to be in conflict with the
adopted plan, or would result in demonstrable adverse impacts upon the
delivery of seFVices 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 planning and zoning commission or, in absence of a
commission, the governing board may consider an amendment to the
comprehensive plan 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."
7, Idaho Code ~ 67-6512 (a) provides the authority to grant special and/or
conditional use permits" . . . . when it is not in conflict with the plan." [referring to
the Comprehensive Plan.]
8. The City's authority to make and enforce ordinances are confined to
within the City's boundaries as provided in Article XII 9 2 of the Constitution of the
State of Idaho.
9. The provisions of I.C. ~ 50~222 govern the conditions upon which the
City may exercise its authority to annex territory, but the exercise of that authority is
discretionary as determined by the City Council.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby order and this does order:
1) That the application for annexation is denied for the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 6
a. Development of the road infrastructure within the proposed
subdivision is inadequate in its present design and layout.
b. The proposed subdivision would extend police and fire services
farther south beyond Victory Road, and which services would
then be beyond an acceptable service area for response for
emergency service at this time.
c. The parcel is contiguous to the City limits, but the proposed
phasing of the development would begin construction at a
portion of the property farthest away from the existing City
limi ts.
d. The City Council determined, at their June 19, 2001 meeting,
that the anne:x,ation of the property is not in the best interest of
the City of Meridian at this time.
2) Based upon the section set forth in item no. 1 the application for zoning
designation is dismissed.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the annexation and zoning 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.
3A-1>
By action of the City Council at its regular meeting held on the - day of
Jt~
, 2001.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
GEM P Allie II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 7
ROLLCALL:
COUNCILMAN ANDERSON
VOTED ~~
COUNCILMAN BIRD VOTED ~
COUNCILWOMAN dcWEERD VOTED~
COUNCILWOMAN MCCANDLESS VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
7-3 --0 I
MOTION: raj
APPROVE!t._ ~
DISAPPROVED:
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-OO-023)
Page 8
(
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN .
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR TRAVELER'S )
CORNER OF I BUILDING LOT )
AND 1 PARK AND RIDE LOT, )
LOCATED SOUTHEAST OF 1-84 )
AND MERIDIAN ROAD IN . )
MERIDIAN, IDAHO )
)
BY: PINNACLE ENGINEERS, )
INC. )
)
APPLICANT )
)
)
C/C 06/19101
Case No. PP-O 1-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on June 5,2001 and continued until June 19,2001, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was Jonathan See1 with W. H. Moore, and no one appeared in
opposition, and the City Council having received a report from Steve Siddoway and
David McKinnon, Planners for Planning and Zoning, and Bruce Freckleton,
Engineering Technician III, and the City Council having received as part of the record
of this matter the recommendation to City Council of the Planning and Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT TRAVLER'S CORNER! (PP-OI-008) - 1
Commission and the applic-ant having submitted the "PRELIMINARY PLAT .
SHOWING TRAVELER'S CORNER SUBDIVISION, THE SW lf4 OF SECTION 18
TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO 2001,
TRAVELER'S CORNER SUBDIVISION, PRELIMINARY PLAT JONATHAN SEEL,
DATE 03-13-01, DRAWN BY: SMS, CHECKED BY: I.G. CARPENTER, P.E.,
PROJECT NO. C016069, SHEET PP, PINNACLE ENGINEERS, INC.", submitted
for preliminary plat approval arid 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
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned General Retail and Service Commercial
District (C-G), and requires connection to the Municipal Water and Sewer System.
[Meridian City Code ~ 11-7-2 DJ
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December 21, 1993, Ordinance No. 629.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT TRAVLER'S CORNER / (PP-OI-OOB) - 2
3. It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Engineering Technician
III and as proposed by the developer as stated on the preliminary plat there will be
public financial capability of supporting services for the proposed development.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING
TRAVELER'S CORNER SUBDIVISION, THE SW 1/4 OF SECTION 18
TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO 2001,
TRAVELER'S CORNER SUBDIVISION, PRELIMINARY PLAT JONATHAN SEEL,
DATE 03-13-01, DRAWN BY: SMS, CHECKED BY: J,G. CARPENTER, P.E.,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT TRA VLER'S CORNER! (PP-O 1-008) - 3
PROJECT NO. C016069, SHEET PP, PINNACLE ENGINEERS, INC.".
- DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by" PRELIMINARY
PLAT SHOWING TRAVELER'S CORNER SUBDIVISION, THE SW V4 OF
SECTION 18 TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY,
IDAHO 2001, TRAVELER'S CORNER SUBDIVISION, PRELIMINARY PLAT
JONATHAN SEEL, DATE 03-13-01, DRAWN BY: SMS, CHECKED BY: J.G.
CARPENTER, P.E., PROJECT NO. C016069, SHEET PP, PINNACLE
ENGINEERS, INC." is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning Administrator and Engineering Technician, III
Recommendations as follows:
1. The proposed roadway (County Terrace Court) exceeds the Meridian City
Ordinance Section 12-4-2-E., which states that no street which ends in a cul-
de-sac or a dead-end shall be longer than four hundred fifty feet (4501). A
variance from this section of code shall be required prior to the City Council
acting on this application. The roadway shall be constructed to meet the
conditions of the Meridian Fire Department and Ada County Highway District
prior to issuance of a building permit on the easternmost lot.
2. Sanitary sewer and water service to the cOlTImerciallot shall be provided via
extension of existing lines adjacent to the site. Services shall be extended to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT TRAVLER'S CORNER! (PP-OI-008) - 4
the easternmost lot prior to the issuance of a building permit. No sewer or
water service is being requested by ACHD to serve the Park and Ride site.
3. Three copies of detailed landscape plans and irrigation performance
specifications shall be required prior to the issuance of a Certificate of Zoning
Compliance. Certificate of Zoning Compliance is required prior to issuance of
building permits in accordance with City Ordinance Section 11-19-1.
Landscaping in accordance with plans approved by the Planning & Zoning
Department is to be complete prior to obtaining certificates of occupancy.
4. The Site Plan shows four (4) trees within the Ten Mile Drain easement. A
License Agreement with Nampa-Meridian Irrigation District granting approval
for the trees within their easement shall be submitted prior to the City
granting final approval for the site. If such an Agreement cannot be obtained,
the trees cannot be omitted, and shall be relocated within the site.
5. The landscaping of the proposed roadway and the Park and Ride parcel shall
be installed as approved in the Conditional Use Permit.
6. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for
all off-street parking areas. Stormwater treatment and disposal shall be
designed in accordance with Department of Environmental Quality 1997
publication, "Catalog of Stormwater 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.
7. Ten Mile Drain is designated as an existing natural feature in the Meridian
Comprehensive Plan. Fish, wildlife and vegetation species and habitat shall be
protected and maintained.
8. The site plan to be submitted for development of the 3.25-acre parcel shall be
reviewed for compliance with all existing ordinances at the building permit
stage.
9. Any existing irrigation/drainage ditches crossing the property to be included in
this project shall be tiled per City Ordinance 12-4-13. The ditches to be piped
shall be shown on the site plans. Plans shall be approved by the appropriate
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT TRAVLER'S CORNER / (PP-OI-008) - 5
irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department.
Note: Tiling of the Ten Mile Drain is not required.
10. Off-street parldng shall be in accordance with the design standards set forth in
Section 11-13-4 of the City of Meridian Zoning and Development Ordinance
and in accordance with the Americans with Disabilities Act (ADA)
requirements. All site drainage shall be contained and disposed of on-site.
11. Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E.-G. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
12. All signage shall be in accordance with the standards set forth in Section 11-14
of the City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs shall be permitted. Unapproved
signage may be removed by the City of Meridian upon three days notice to the
applicant.
13. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance
Section 12-5-2.K.
14. Provide streetlights in accordance with City Ordinance Section 12-5-2.M.
Adopt the Recommendations of Central District Health Department.
15. The Applicant's central sewage and central water plans shall be submitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
16. Run-off is not to create a mosquito breeding problem.
17. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
18. 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
APPROVAL OF PRELIMINARY PLAT TRA VLER'S CORNER / (PP.O 1.008) " 6
(
Adopt the Recommendations of the Meridian Fire Department as follows:
19. Access roads and street name signs need to be built and installed before.
building is started.
20. "No Parking" vehicles trailers, or equipment in cul-de-sac (turnaround).
21. All Codes, fire hydrants, water systems, fire sprinklers system, require approval
of all departments.
Adopt the Recommendations of Ada County Highway District as follows:
22. Construct the new roadway as one-half of a 40-foot street section plus 12-
additional feet of paving, with curb, gutter, and 5-foot wide concrete sidewalk
on the east side of the roadway, the north side of the roadway, and abutting
the entire turnaround.
23. Provide a turnaround at the terminus of the roadway with a minimum turning
radius of 55-feet.
24. Driveways on the new roadway shall be constructed as 24 to 30Mfoot wide curb
cuts and located a minimum of 50-feet north of Overland Road.
25. Additionally, the Applicant shall comply with ACHD's Standard Requirements
listed in their letter of April 18, 2001.
Additionally, Applicant shall comply with the requirement of the City Council
by action taken at their June 19,2001 meeting as follows:
26. Applicant shall construct a fence along the contiguous southern boundary with
the Cope property, which construction of the fence shall be sufficient to
prevent horses, cows or any other animal from entering onto the subject
residential property development. Additionally, the fence shall be in place
prior to issuance of building permits.
27. Required improvements prior to the issuance of building permits include the
aforementioned fence, a road access capable of supporting a fire truck,
extension of the water line, live fire hydrants, and a street sign.
_l3,y action of the City Council at its regular meeting held on dle :JP2 day of
'~:f ,2001.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT TRAVLER'S CORNER / (PP-OI-008) - 7
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
VOTED~
VOTED~
VOTED--?
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
-
MAYOR ROBERT D. COlUUE
(TIE BREAKER) 7 --- ~ - 0 I
VOTED
~~-
Byi~~fi~J- Dated: ?~3~tJl
Z:\W ork,\M\Meridian\Meridian 15360M\Park, and Ride\FfClsOrdPPO 1-00S.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT TRA VLER'S CORNER / (PP-O 1-008) - 8
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF W. H. MOORE )
COMPANY, FORA VARIANCE )
OF THE STREET LENGTH )
ENDING IN A CUL-DE-SAC )
FROM THE MAXIMUM LENGTH )
OF 450 FEET TO AN )
INCREASED LENGTH OF 495 )
FEET FORA PROPOSED PARK~ )
AND-RIDE LOT, LOCATED AT )
THE NORTHEAST CORNER OF )
OVERLAND ROAD AND )
MERIDIAN ROAD, MERIDIAN, )
IDAHO )
C/C 6-19-01
VAR-OI-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the
City Council on June 5, 2001 and continued until June 19,2001, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was Jonathan Seel with W. H. Moore, and no one appeared in
opposition, and the City Council having received the transmittal to agencies and
having received the variance application, having heard the testimony presented, being
fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows to-wit:
Page 1 of 9
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY / PARK-AND-RIDE LOT
FINDINGS OF FACT
1. The City Cou.ncil takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps.
2. The requirements of Idaho Code ~~ 67-6509, 6516 and Meridian City
Code ~s 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is W.H: Moore Company, whose address is P.O. Box 8204,
Boise, Idaho 83702.
4. The owners of the property are Ada County Highway District, a body
politic and corporate of the State of Idaho, whose address is 318 East 37th Street,
Garden City, Idaho 83714 and Pinnacle Fitness, LLC, an Idaho limited liability
company, whose address is P.O. Box 16650, Boise, Idaho 83715.
5. The location of the subject property is presently located in a General Retail
and Service Commercial District (C-G), and which subject property is located at the
Northeast corner of Overland Road and Meridian Road.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting
of one page, and as the legal description appears in the record of proceeds of this matter,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY / P ARK-AND-RIDE LOT
Page 2 of 9
and which is on file with the Meridian City Clerk's office.
7. The present land use of subject property is presently zoned as .General
Retail and Service Commercial District (C-G), and which subject property is presently
used as pasture.
8. The proposed land use of subject property is to develop the subject
property in the following manner: A Park-and-Ride Lot.
9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one
page, of the proposed scale approved by the City Council showing property lines,
existing streets, proposed district and such other items as required have been furnished.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, S-12-4-2.F., STREETS, Cul-De-Sacs, and in the C-G zone if granted the re-
zone, which provides as follows:
12~4-2.F. STREETS:
Cul-De-Sacs: No street which ends in a cul-de-sac or a dead-end shall be longer
than four hundred fifty feet (450').
11. All property owners within three hundred feet (300') of the external
boundaries have been notified by mail, and their mailing addresses may be obtained
from the list on file with the Planning and Zoning Department.
12. The characteristics of the subject property which prevent compliance
with the requirements of the ordinance are that the proposed roadway length is 493.6
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY I P ARK-AND-RIDE LOT
Page 3 of 9
feet and ends with a dead-end street and at a proposed commercial development.
Another roadway connects-to that roadway and ends in a cul-de-sac this roadway
length is 295 feet in length. The property in question is bordered by 1-84, north side,
SH69 and Ten Mile Drain, west side, and private property on the south and east.
Due to the location and surrounding facilities and properties, the roadway cannot be
connected to any other roadway or shortened.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement for the 450 foot
street length in the cul-de-sac and for the allowance of the 495 foot street length in the
cul-de-sac.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that the property is situated in the
back portion of the property which has a narrow lane for access. The property could not
have an Ada County Highway District approved access roadway if the ordinance is
strictly enforced, and this prevents the development of the property.
15. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with, and the special conditions and
circumstances that exist, are as stated above in numbers 12, 13 and 14, and due to the
location, surrounding facilities and properties, the roadway cannot be connected to any
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY / P ARK-AND-RIDE LOT
Page 4 of 9
(
other roadway or shortened. The proposed roadway length is only 44 feet longer than
the ordinance allows and it-shall have a paved parldng lot for turning around at the end.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because if the variance is not approved, the property could not be
developed or used for the park-and-ride lot. The site could not be utilized until the
entire north and/or east properties are developed, and this is assuming that those
properties would allow connection of streets to the proposed roadway, or were even
developed to allow connection.-
17. The existence of special circumstances or conditions affecting the
property is that the property has been in this configuration for many years. The access
to the property is by way of a 50 foot access roadway from Overland Road. The north
and west of the property are cut off by 1-84 and SH69. The property was selected for
a park-and-ride lot due to its location. The only access to the property is and has been
accessed only by the 50 foot access lane.
18. Granting the variance would maintain rights which would be afforded to
others in the same situation.
19. The Comprehensive Plan for the C-G District is to provide for commercial
uses which are customarily operated entirely or almost entirely within a building; to
provide for a review of the impact of proposed commercial uses which are auto and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY / P ARK-AND-RIDE LOT
Page 5 of 9
(
(
service oriented and are located in close proximity to major highway or arterial streets;
to fulfill the need of travel=related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water
and sewer systems of the City, and shall not constitute strip commercial development
and encourage clustering of commercial development.
20. The variance would convenience the applicant by allowing the proposed
roadway that would provide access to a public park-and-ride lot. The granting of the
variance would allow the property to be accessed and the public to use the parldng lot
for mass or public transportation. The request is not for any profit, but to reduce
congestion on the surrounding highways and additionally to help to reduce pollution
caused by automobile emissions.
21. The granting of the requested variance will not be detrimental to the
Public's welfare or injurious to other property in the area of the proposed plat, and, in
fact, the development of the plat in accordance with the conditions of approval and the
requirements of the Subdivision Ordinance will prevent the conditions which are the
source of the complaints raised in the public hearing of this matter.
22. The granting of this variance will not have an effect of altering the interest
and purpose of the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OI-006
W. H. MOORE COMPANY / P ARK.-AND-RlDE LOT
Page 6 of 9
(
23. The applicant paid the fee established by the City Council for
application variance.
24. Additionally, the Applicant shall comply with all the Planning and
Zoning staff comments in their letter dated June 1, 2001, and the Ada County Highway
District's letter dated April 18, 2001.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by
the provisions of Idaho Code 9 67-6516 to provide as part of its zoning ordinance for
the process of applications for variance permits.
2. The City of Meridian has exercised its authority of Idaho Code 9 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code ~ 11-18.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code 1167-6509,6516 and Meridian City Code ~~ 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
9 11-18-2, and the findings whicll are required are set forth in Meridian City Code s 11-
18-3, include required findings that there are special circumstances or conditions
affecting the property that strict application of the provisions of Zoning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY / P ARK-AND-RIDE LOT
Page 7 of 9
Development Ordinance would clearly be impracticable and unreasonable, and a finding
that strict compliance with the requirements of the Zoning and Development Ordinance
would result in extraordinary hardship to the owner, subdivider or developer because
unusual topography, the nature or condition of adjacent development, or other physical
conditions or other conditions that make strict compliance with the ordinance
unreasonable under the circumstances, or that the conditions and requirements of said
ordinance will result in inhibiting the achievements or the objectives of the ordinance,
and that the granting of a specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated, and
that such variance will not have the effect of altering the interest and purposes of the
Zoning and Development Ordinance and the Meridian Comprehensive Plan.
5. Meridian City Code, & 12-4-2.F., STREETS, Cul-De-Sacs, and in the C-G
zone if granted the re-zone, provides as follows:
12-4-2.F. STREETS:
Cul-De-Sacs: No street which ends in a cul-de-sac or a dead-end shall be longer
than four hundred fifty feet (450').
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
1. That the Applicant is hereby granted a variance from the Streets, Cul-De-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OI-006
W. H. MOORE COMPANY / P ARK-AND-RIDE LOT
Page 8 of 9
Sac requirements for the Park-and Ride lot in the C-G zone. Additionally, the
Applicant shall comply with all the Planning and Zoning staff comments in their letter
dated June 1,2001, and the Ada County Highway District's letter dated April IS, 2001.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code! 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of a variance authorizing a variance of the STREETS, Cul-De-Sac
requirements in the C-GZone as provided in the Section 12-4-2.F. and 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
.I? /b1J
CI - day
of
Jtdj-'
, 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED 1e<-
COUNCILMAN KEITH BIRD
VOTED ~t"-'
COUNCILPERSON CHERIE McCANDLESS
VOTED ~
VOTED ~
COUNCILPERSON TAMMY deWEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY / PARK-AND-RIDE LOT
Page 9 of 9
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 7-3-0(
,--.
MOTION:
APPROVED~ .-
_ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
By~~~~!?9-
City Clerk I
Dated: 1-3-0/
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-006
W. H. MOORE COMPANY /PARK-AND-RIDE LOT
Page 10 of 9
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE :MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 8.29 ACRES
FOR PROPOSED WALTMAN
COURT SUBDIVISION, FROM
L-O TO C-G, LOCATED
BETWEEN WALTMAN LANE
AND TEN MILE ROAD
MERIDIAN, IDAHO
JOHN GOADE,
Applicant.
ClC 06/19101
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No: RZ-OI-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 8.29 acres
having come on for public hearing on June 5, 2001 and continued until June 19,
2001, at the hour of 6:30 olclock p.m., and Council having received the report of
Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and
Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and
testified, and appearing and testifying was the Applicant, John Goade, and no one
appeared in opposition, and the Council having received the record of this matter
made before the Planning and Zoning Commission, and having received their
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AFPROV AL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE / (RZ-OI-005) - 1
Recommendation to the City Council, and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, 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 hearing scheduled for
June 5,2001 and continued until June 19,2001, before the City Council, the first
publication appearing and written.notice having been mailed to property owners or
purchasers of record within three hundred feet (3001) 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 June 5, 2001 and continued until June 19, 2001, public hearing; and the
applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO CoG
BY: JOHN GOADE / (RZ-OI-005) - 2
Code ~~ 11-15-5 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 Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance No. 629 - January 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 8.29 acres in size. The property
is generally located between Waltman Lane and Ten Mile Road in Meridian, Idaho,
and is described as follows:
A parcel of land being a portion of the NE V4 of Section 13, T..3N., R.l W.,
B.M., Ada County, Idaho, said parcel being more particularly described as
follows:
Commencing at the East 1/4 corner of Section 13, T.3N., R.l W., B.M., Ada
County, Idaho; thence N. 89052'22" W. 1321.24 feet along the Latitudinal
Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of
said Section 13; thence, N. 00013' 15" E., 25.00 feet along the East 1/16 Line
of said Section 13 to the POINT OF BEGINNING;
Thence, N. 89052'22" W. 117.19 feet to the northerly bank of the Ten Mile
Drain;
Thence along said bank the following courses and distances: N. 30008'45" W.
336.83 feet;
Thence N. 62002'20" W. 741.70 feet to the south line of Franldin Square
Subdivision, records of the Ada County Recorder, Boise, Idaho;
Thence leaving said centerline, S. 89054'50" E. 282.00 feet to the Southeast
corner of Lot 18, Block 3, said Franldin Square Subdivision;
Thence, N. 00008'42" E. 107.47 feet to the Southwest corner of Troutner
Business Park, records of Ada County Recorder, Boise, Idaho;
Thence along the south line of said subdivision the following courses and
distances: S. 85041'16" E. 147.43 feet;
Thence, N. 79054'52" E. 523.46 feet to the Southeast corner of said
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE/(RZ-OI-005) -3
subdivision and said East 1/16 Line of Section 13;
Thence, S. 00013'15" W. 826.93 feet to the point of beginning, said parcel
containing 8.29 acres.
5. The owner of record of the subject property is John Goade of
Meridian, Idaho.
6. The Applicant is owner of record.
7. The property is presently zoned as L-O and C-G, and is bare
ground with one single-family home.
8. The Applicant requests the property be rezoned to C-G.
9. The proposed site is surrounded by existing single-family
residential and vacant properties to the south and west, Meridian Storage to the east
and a future extension of corporate Drive and Troutner Business Park to the north.
The site is located V4 west of Meridian Road on Waltman Lane.
10. The subject property is within city limits of the City of Meridian.
11. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: office complexes.
13. The Applicant's requested rezoning of the subject real property as
C-G is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE I (RZ-OI-005) - 4
Urban.
14. There are no significant or scenic features of major importance
that affect the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
City Code ~ 11-15-1lfor the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
15.1 The new zoning-will be harmonious with and in accordance with
the Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be
rezoned in the future;
15.3 The proposed use will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area,
subject to the conditions of the conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
15.5 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;
15.6 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE / (RZ-Ol-OOS) - 5
15.7 The use 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;
15.8 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;
15.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of
Meridian.
15.2 Staff conditions provide approval of the rezoning to C-G for the
property with conditions as follows:
Adopt the Recommendations of Planning and Zoning staff and Engineering
staff as follows:
1. Sanitary sewer service to this site is proposed via extensions from an
existing main in Troutner Business Park, and from the Ten Mile Trunk
line. Subdivision designer to coordinate main sizing and routing with
the Public Works Department. Sewer manholes are to be provided to
keep the sewer lines on the south and west sides of the centerline.
2. Water service to this site shall be via extensions from an existing main
in Troutner Business Park. Applicant shall be responsible to construct
the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Works Department. A condition of the development agreement
is that the applicant shall extend a water supply system to the proposed
site.
3. Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an
association or the Nampa & Meridian Irrigation District. If the system
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE I (RZ-OI-005) - 6
is being proposed as a private system, plans and specifications for the
irrigation system shall be reviewed by the Public Works Department as
part of the development plan review process. A draft copy of the.
pressurized irrigation system O&M manual shall be submitted prior to
plan approval. 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. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area.
4. Ten Mile Creek is ,designated as a multiple use pathway in the Meridian
Comprehensive Plan. A condition of the development agreement is that
the right-of-way for Ten Mile Drain shall be addressed before the land is
developed. To date, this has not been done with any specificity. The
easement for the pedestrian pathway shall be shown on the plat.
Additionally, no easement for Ten Mile Creek is shown on the plan.
The plan shall be revised to show the easement/right-of-way for the Ten
Mile Drain and the pathway area as agreed to with the Meridian parks
Director. The right-of-way of Ten Mile Creek shall be contained within
a separate common lot, with a pedestrian easement recorded for access.
A pedestrian walkway shall be installed as part of this development.
Coordinate pathway and fencing details with the Parks Director.
Detailed landscape plans for this common lot shall be submitted for
review and approval with submittal of the Final Plat application. A
letter of credit or cash surety shall be required for the improvements
prior to City signature on the Final Plat.
5. Any entry signage for the subdivision shall be placed outside of a 40' X
40' clear sight triangle, measured from the intersection of Corporate
Drive and S.W. Fifth Place. As part of the conditional use permits for
the individual lots, include details of all proposed signage. Show any
proposed entry signage location on the required landscape plan to be
submitted with the final plat application.
6. As a condition of annexation and the associated development
agreement, all uses are required to be developed under the conditional
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE I (RZ-OI-005) " 7
use permit process. Apparently, Ada County Highway District
constructed drainage ponds in the area of Lot 1, Block 2, without a
conditional use permit. The design of these ponds is of concern, .
particularly when the area shall be highly visible when Corporate Drive
is extended and aesthetics need to be reviewed. Due to the fact that this
northwest portion of the property is already developed (which was the
primary concern of staff during the original annexation process),
removal of the requirement for a separate conditional use permit process
for each individual lot shall be allowed and request that the
development agreement be amended accordingly if the City Council
concurs.
7. Add or modify the following notes to the Plat:
15. All lots within,this subdivision are subject to the terms of a
development agreement recorded as Instrument No. 99039306, records
of Ada County, Idaho, and any amendments thereto.
8. Due to the fact that Corporate Drive shall experience significant traffic
once transitional properties are developed and access is available to the
Landing Subdivision, direct access to Corporate Drive shall be
prohibited for all lots within Block 3.
9. Show dedication of required right-of-way on Waltman Lane on the plat.
10. Provide a temporary turnaround at the west end of Corporate Drive and
provide evidence of deposit of funds to Ada County Highway District
for future bridge construction. Corporate Drive is intended to be
connected to Greenhead in the Landing Subdivision in the future.
11. Ten copies of a conceptual landscape plan and ten copies of a revised
plat showing all easements and pathway location shall be submitted to
the City Clerk at least one week prior to the hearing with City Council.
Also submit one 8 ]/2 x 11 reduction of each plan.
12. Submit letter from the Ada County Street Name Committee, approving
the subdivision and street names with the final plat application, Make
any corrections necessary to conform.
13. Coordinate fire hydrant placement with the City of Meridian Public
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE I (RZ-OI-005) - 8
Works Department.
14. Provide five-foot-wide sidewalks in accordance with City Ordinance 12-
5-2.K.
15. All construction shall conform to the requirements of the Americans
with Disabilities Act.
16. Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance, except as
provided for under site specific requirements. The ditches to be piped
shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, with written confirmation of said
approval submitted to the Public Works Department.
17. Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
18. Two-hundred-fifty watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider1s expense. Typical locations
are at street intersections and/or fire hydrants.
19. Indicate on the final plat map any FEMA Flood Plains affecting the area
being platted, and detail plans for reducing or eliminating the boundary.
The Nampa & Meridian Irrigation District Recommendations are as follows:
20. Applicant shall be required to file a Land Use Change/Site Development
application.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE / (RZ.OI-005) - 9
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67,
Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4, 1994.
3. The requested zoning of General Retail and Service Commercial
District, (C-G) is defined in the Zoning Ordinance at 11-7-2 K as follows:
(C-G) General Retail And Service Commercial District: The purpose of the C-
G District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and
are located in close proximity to major highway or arterial streets; to fulfill the
need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the
Municipal water and sewer systems of the City, and shall not constitute strip
commercial development and encourage clustering of commercial development.
4. Idaho Code ~ 67-6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
5. Idaho Code ~ 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO CoG
BY: JOHN GOADEI (RZ-OI-005) - 10
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitlpents.
6. The City of Meridian by the adoption of Meridian City Code ~
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 concerning the use or
development of the subject property.
7. ~ 11~6-1 ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any 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 boundary;
7.2 Where district boundaries are 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 parallel 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE / (RZ-OI-OOS) - 11
7.4 Where the boundary 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. ~ 11-15-110f the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part 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:
8.1 The new zoning will be harmonious with and 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 in the fashion that is allowed
under the new zoning.
8.4 There has been no change in 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 appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE! (RZ-OI-005) - 12
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 welfare 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 an 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 importance; and
8.12 The proposed zoning amendment is in the best interest of the City of
Meridian.
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 approximately 8.29 acres
for construction and development of office complexes, 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:
Adopt the Recommendations of Planning and Zoning staff and Engineering
staff as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L.Q TO C-G
BY: JOHN GOADE/ (RZ-OI-005) - 13
(
1. Sanitary sewer service to this site is proposed via extensions from an existing
main in Troutner Business Park, and from the Ten Mile Trunk line.
Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Sewer manholes are to be provided to keep the sewer
lines on the south and west sides of the centerline.
2. Water service to this site shall be via extensions from an existing main in
Troutner Business Parle Applicant shall be responsible to construct the water
mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. A
condition of the development agreement is that the applicant shall extend a
water supply system to the proposed site.
3. Applicant has not indicated whether the pressurized irrigation system within
this development is to be owned and maintained by an association or the
Nampa & Meridian Irrigation District. If the system is being proposed as a
private system, plans and specifications for the irrigation system shall be
reviewed by the Public Works Department as part of the development plan
review process. A draft copy of the pressurized irrigation system O&M manual
shall be submitted prior to plan approval. 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. If
City water is proposed as a secondary source, developer shall be responsible to
pay water assessments for the entire common open area.
4. Ten Mile Creek is designated as a multiple use pathway in the Meridian
Comprehensive Plan. A condition of the development agreement is that the
right-of-way for Ten Mile Drain shall be addressed before the land is
developed. To date, this has not been done with any specificity. The
easement for the pedestrian pathway shall be shown on the plat. Additionally,
no easement for Ten Mile Creek is shown on the plan. The plan shall be
revised to show the easement/right-of-way for the Ten Ivlile Drain and the
pathway area as agreed to with the Meridian parks Director. The right-of-way
of Ten Mile Creek shall be contained within a separate common lot, with a
pedestrian easement recorded for access. A pedestrian walkway shall be
installed as part of this development. Coordinate pathway and fencing details
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE/ (RZ-OI-005) - 14
with the Parks Director. Detailed landscape plans for this common lot shall be
submitted for review_ and approval with submittal of the Final Plat appUcation.
A letter of credit or cash surety shall be required for the improvements prior
to City signature on the Final Plat.
5. Any entry signage for the subdivision shall be placed outside of a 40' X 40'
clear sight triangle, measured from the intersection of Corporate Drive and
S.W. Fifth Place. As part of the conditional use permits for the individual lots,
include details of all proposed signage. Show any proposed entry signage
location on the required landscape plan to be submitted with the final plat
application.
6. As a condition of annexation and the associated development agreement, all
uses are required to be developed under the conditional use permit process.
Apparently, Ada County Highway District constructed drainage ponds in the
area of Lot 1, Block 2, without a conditional use permit. The design of these
ponds is of concern, particularly when the area shall be highly visible when
Corporate Drive is extended and aesthetics need to be reviewed. Due to the
fact that this northwest portion of the property is already developed (which
was the primary concern of staff during the original annexation process),
removal of the requirement for a separate conditional use pertuit process for
each individual lot shall be allowed and request that the development
agreement be amended accordingly if the City Council concurs.
7. Add or modify the following notes:
15. All lots within this subdivision are subject to the terms of a
development agreement recorded as Instrument No. 99039306, records
of Ada County, Idaho, and any amendments thereto.
8. Due to the fact that Corporate Drive shall experience significant traffic once
transitional properties are developed and access is available to the Landing
Subdivision, direct access to Corporate Drive shall be prohibited for all lots
within Block 3.
9. Show dedication of required right-of-way on Waltman Lane on the plat.
10. Provide a temporary turnaround at the west end of Corporate Drive and
provide evidence of deposit of funds to Ada County Highway District for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE / (RZ-OI-005) - 15
future bridge construction. Corporate Drive is intended to be connected to
Greenhead in the Landing Subdivision in the future.
11. Ten copies of a conceptual landscape plan and ten copies of a revised plat
showing all easements and pathway location shall be submitted to the City
Clerk at least one week prior to the hearing with City Council. Also submit
one 8 lh x 11 reduction of each plan.
12. Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names with the final plat application. Make any
corrections necessary to conform.
13. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
14. Provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.K.
15. All construction shall conform to the requirements of the Americans with
Disabilities Act.
16. Any existing irrigation/drainage ditches crossing the property to be included in
this project shall be tiled per City Ordinance, except as provided for under site
specific requirements. The ditches to be piped shall be shown on the site plans.
Plans shall be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public Works
Department.
17. Any existing domestic wells and/or septic systems within this project shall have
to be removed from their domestic service per City Ordinance. Wells may be
used for non-domestic purposes such as landscape irrigation.
18. Two-hundred-fifty watt, high-pressure sodium streetlights shall be required at
locations designated by the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
19. Indicate on the final plat map any FEMA Flood Plains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
The Nampa & Meridian Irrigation District Recommendations are as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE / (RZ-OI-005) - 16
20. Applicant shall be required to file a Land Use Change/Site Development
application.
3. The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the rewdesignation of the zoning for the
real property which is the subject of the application to (CwG) General Retail and
Service Commercial District (Meridian City Code ~ 11-7-2 K) 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 Department 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.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezoning may, within twenty-eight (28) days after the date of this
decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO C-G
BY: JOHN GOADE I (RZ-OI-005) - 17
By action of the City Council at its regular meeting held on 7u11J
3'3!.L
-'
2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED $"--
VOTED $tt...--
VOTED -$-IA/
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: '7-- 3 -D /
VOTED
MOTION: VFJ7Jt;d-
APPRO : ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public \i\\QrJ:q,st1i1l!1l11fl~
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Department and the City Attorney. $'<....~".J.. V' ~ >""->?,
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Z:\Work\M\Meridial1\Meridian 153601vf\ Waltman Court RZO] -005 PP-O [ -OO7\FfsClsOrderREZO] -005 .doc ",v,ril\t\
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.29 ACRES FROM L-O TO CoG
BY: JOHN GOADE I (RZ-Olw005) - 18
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN .
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR 6 BUILDING LOTS
AND I OTHER LOT FOR
WALTMAN COURT
SUBDIVISION, LOCATED
SOUTH OF TROUTNER
BUSINESS PARI( BETWEEN
WALTMAN LANE AND TEN
MILE ROAD IN MERIDIAN,
IDAHO
BY: JOHN AND SANDRA
GOADE,
APPLICANT
C/C 06119/01
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Case No. PP-OI-007
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 June 5,2001 and continued until June 19,2001, and Shari Stiles,
Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director,
appeared and testified, and appearing and testifying was the Applicant, John Goade,
and no one appeared in opposition, and the City Council having received a report
from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton,
Engineering Technician III, and the City Council having received as part of the record
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT WALTMAN COURT SUBDIVISION / CPP-OI-007 - I
of this matter the recommendation to City Council of the Planning and Zoning
Commission and the applicant having submitted the "REVISED PRELIMINARY
PlAT FOR WALTMAN COURT SUBDIVISION, DATE: 5/21/2001, DRAWN BY:
JAP, DRAWING NO. 314-13-100-000, SHEET 1 of I, CAD DWG: goadeprel.dwg,
JOHN AND SANDRA GOADE! DEVELOPERS, JOHN AND SANDRA
GOADE/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
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned Medium Density Residential District
(R-8), and requires connection to the Municipal Water and Sewer System. [Meridian
City Code S 11-7-2 D]
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December 21, 1993, Ordinance No. 629.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) - 2
3. It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Assistant City Engineer
and as proposed by the developer as stated on the preliminary plat there will be
public financial capability of supporting services for the proposed development.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as: "REVISED PRELIMINARY PLAT FOR
WALTMAN COURT SUBDIVISION, DATE: 5/21/2001, DRAWN BY: JAP,
DRAWING NO. 314-13-100-000, SHEET 1 of I, CAD DWG: goadeprel.dwg,
JOHN AND SANDRA GOADE/ DEVELOPERS, JOHN AND SANDRA
GOADE/DEVELOPER" .
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004) - 3
(
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 " REVISED
PRELIMINARY PLAT FOR WALTMAN COURT SUBDIVISION, DATE:
5/21/2001, DRAWN BY: JAP, DRAWING NO. 314-13-100-000, SHEET I of I,
CAD DWG: goadeprel.dwg, JOHN AND SANDRA GOADE/ DEVELOPERS, JOHN
AND SANDRA GOADElDEVELOPER" is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning Administrator and Engineering Technician, In
Recommendations as follows:
1. Sanitary sewer service to this site is proposed via extensions from an existing
main in Troutner Business Park, and from the Ten Mile Trunk line.
Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Sewer manholes are to be provided to keep the sewer
lines on the south and west sides of the centerline.
2. Water service to this site shall be via extensions from an existing main in
Troutner Business Parle Applicant shall be responsible to construct the water
mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. A
condition of the development agreement is that the applicant shall extend a
water supply system to the proposed site.
3. Applicant has not indicated whether the pressurized irrigation system within
this development is to be owned and maintained by an association or the
Nampa & Meridian Irrigation District. If the system is being proposed as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-Olw004) - 4
private system, plans and specifications for the irrigation system 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&1v1 manual
shall be submitted prior to plan approval. 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. If
City water is proposed as a secondary source, developer shall be responsible to
pay water assessments for the entire common open area.
4. Ten Mile Creek is designated as a multiple use pathway in the Meridian
Comprehensive Plan. A condition of the development agreement is that the
right-of-way for Ten Mile Drain shall be addressed before the land is
developed. To date, this has not been done with any specificity. The
easement for the pedestrian pathway shall be shown on the plat. Additionally,
no easement for Ten Mile Creek is shown on the plan. Revise the plan to
show the easement/right-of-way for the Ten Mile Drain and the pathway area
as agreed to with the Meridian parks Director. The right-of-way of Ten Mile
Creek shall be contained within a separate common lot, with a pedestrian
easement recorded for access. A pedestrian walkway shall be installed as part
of this development. Coordinate pathway and fencing details with the Parks
Director. Detailed landscape plans for this common lot shall be submitted for
review and approval with submittal of the Final Plat application. A letter of
credit or cash surety shall be required for the improvements prior to City
signature on the Final Plat.
5. Any entry sigtlage for the subdivision shall be placed outside of a 40' X 40'
clear sight triangle, measured from the intersection of Corporate Drive and
S.W. Fifth Place. As part of the conditional use permits for the individual lots,
include details of all proposed signage. Show any proposed entry sigtlage
location on the required landscape plan to be submitted with the final plat
application.
6. As a condition of annexation and the associated development agreement, all
uses are required to be developed under the conditional use permit process.
Apparently, Ada County Highway District constructed drainage ponds in the
area of Lot 1, Block 2, without a conditional use permit. The design of these
ponds is of concern, particularly when the area shall be highly visible when
Corporate Drive is extended and aesthetics need to be reviewed. Due to the
fact that this northwest portion of the property is already developed (which
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) - 5
was the primary concern of staff during the original annexation process),
removal of the requirement for a separate conditional use permit process. for
each individual lot shall be allowed and request that the development
agreement be amended accordingly if the City Council concurs.
7. Add or modify the following notes to the Plat:
15. All lots within this subdivision are subject to the terms of a
development agreement recorded as Instrument No. 99039306,
records of Ada County, Idaho, and any amendments thereto.
8. Due to the fact that Corporate Drive shall experience significant traffic once
transitional properties are developed and access is available to the Landing
Subdivision, direct access to Corporate Drive shall be prohibited for all lots
within Block 3.
9. Show dedication of required right-of-way on Waltman Lane on the plat.
10. Provide a temporary turnaround at the west end of Corporate Drive and
provide evidence of deposit of funds to Ada County Highway District for
future bridge construction. Corporate Drive is intended to be connected to
Greenhead in the Landing Subdivision in the future.
11. Ten copies of a conceptual landscape plan and ten copies of a revised plat
showing all easements and pathway location shall be submitted to the City
Clerk. Also submit one 8 Ih x 11 reduction of each plan.
12. Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names with the final plat application. Make any
corrections necessary to conform.
13. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
14. Provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.K.
15. All construction shall conform to the requirements of the Americans with
Disabilities Act.
16. Any existing irrigation/drainage ditches crossing the property to be included in
this project shall be tiled per City Ordinance, except as provided for under site
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) "6
(
specific requirements. The ditches to be piped shall be shown on the site plans.
Plans shall be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public Works
Department.
17. Any existing domestic wells and/or septic systems within this project shall have
to be removed from their domestic service per City Ordinance. Wells may be
used for non-domestic purposes such as landscape irrigation.
18. Two-hundred-fifty watt, high-pressure sodium streetlights shall be required at
locations designated by the Public Works Department. All streetlights shall be
installed at subdividerts expense. Typical locations are at street intersections
and/or fire hydrants.
19. Indicate on the final plat map any FEMA Flood Plains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
Adopt the Recommendations of the Central District Health Department as
follows:
20. The Applicant's central sewage and central water plans shall be submitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
21. Run~off is not to create a mosquito breeding problem.
22. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
23. The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
Adopt the Recommendations of the Meridian Fire Department as follows:
24. Applicants shall satisfy all fire code requirements including those pertaining to
water supply systems and fire hydrants and obtain approval from all
departments.
25. All roads shall be installed before building is started with appropriate street
name signs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) - 7
Additionally, the Applicant shall comply with the action taken by the City
Council at their meeting held on Tuesday, June 19, 2001, which was as follows:
26. Meet and comply with the requirements of the ACHD in their letter dated
October 23,2000, and any future requirements from the ACHD.
27. Pertaining to the bridge across Ten Mile, Applicant shall be required to deposit
funds into the ACHD Trust Fund for future improvements to the bridge
crossing.
28. Comply with the Nampa & Meridian Irrigation District in their letter dated
March 28,2001.
29. That the pathway shall be paved with 4" gravel road mix within the Parks and
Recreation specifications.
"2 fblJ
By action of the City Council at its regular meeting held on the d --day of
,T2~ ,2001.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~<-
COUNCILMAN BIRD
VOTED~PV
COUNCILWOMAN deWEERD
VOTED$-te-
VOTED $A./
COUNCILWOMAN McCANDLESS
MAYOR ROBERT D. CORRIE
(TIE BREAKER) 7 __ 3-0 !
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) - 8
k 1- .
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney. ,~o:tttlmrn7l'11~'1
. J .~$-~~ Of ~~~
By:~~~~~9- Dated 1~3~tJl l6~~. ''\
CIty Clerk ~ SEAL ~
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\\NPA_NTS40_PDC\SERVER]\Work\M\Meridian\Meridian 15360M\Murdoch Sub NO 2 PPOI-004 VAROI~~ '\ .....\\......."
004\FfClsOrdPP.doc ~~-n!lt1\:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) - 9
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 2.89 ACRES
FOR MERIDIAN WATER
DEPARTMENT FROM R-8 TO
L-O, LOCATED AT 2235 NW
8TH STREET, MERIDIAN,
IDAHO
CITY OF MERIDIAN,
Applicant.
C/C 06-19-01
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Case No: RZ-OI-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 2.89 acres
having come on for public hearing on June 5, 2001 and continued until June 19,
2001, at the hour of 6:30 o'clock p.m., and Council having received the report of
Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one
appeared in opposition, and the Council having received the record of this matter
made before the Planning and Zoning Commission, and having received their
Recommendation to the City Council, and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - I
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 hearing scheduled for
June 5, 2001 and continued until June 19,2001, before the City Council, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of
the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under
consideration more than one week before said hearing; and that copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at
the June 5, 2001 and continued until June 19, 2001, public hearing; and the
applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code ss 67-6509 and 67 -6S11, and Meridian City
Code ss 11-IS-S and II-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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2_89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 2
and all current zoning maps thereof, and the Compre~lensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance No. 629 - January 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 2.89 acres in size. The property
is located at 2235 NW 8th Street, in Meridian, Idaho, and is described as follows:
A parcel located in the SW 1/4 of Section I, Township 3 North, Range I West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northeasterly corner of said
SW Y4 (C 1/4 corner). from which a brass cap monument marking the southeasterly
corner of said SW 1/4 bears S 0024'50" E a distance of 2647.99 feet;
Thence S 0024'50" E along the easterly boundary of said SW % a distance of 69.49
feet to the POINT OF BEGINNING;
Thence continuing S 0024'50" E a distance of 589.54 feet to a point;
Thence leaving said easterly boundary S 89039'5.0" W a distance of 82.81 feet to a
point;
Thence N 2027'32" W a distance of 166.45 feet to a point;
Thence N 81029'05" W a distance of 76.11 feet to a point;
Thence N 42048'10" W a distance of 88.80 feet to a point;
Thence N 34035'20" W a distance of 118.62 feet to a point;
Thence N 0018'19" W a distance of 248.66 feet to a point;
Thence N 89048'20" E a distance of 289.96 feet to the POINT OF BEINNING.
This parcel contains 2.89 acres and is subject to any easement's existing or in use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 3
5. The owner of record of the subject property is City of Meridian of
Meridian, Idaho.
6. The Applicant is City of Meridian, Superintendent, John
Shawcroft.
7. The property is presently zoned as R-8, and is a shared office
facility between the Water Department and a BSU training facility.
8. The Applicant requests the property be rezoned to Limited
Office. (L-O).
9. The proposed site is surrounded by single family residences. The
site is located at the north terminus of NW 8th Street on the north side of Cherry
Lane.
10. The subject property is within city limits of the City of Meridian.
11. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: remodel of existing building.
13. The Applicant's requested rezoning of the subject real property as
L-O is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Existing
Urban.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN / (RZ-OI-004) - 4
14. There are no significant or scenic features of major importance
that affect the consideratio!l of this application.
15. In review of the application for rezone it is provided at Meridian
City Code S 11-15-1lfor the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
15.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be
rezoned in the future;
15.3 The proposed use will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area,
subject to the conditions of the conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
15.5 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;
15.6 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L.O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 5
15.7 The use will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any pe~sons, property or the general welfare by reason of .
excessive production of traffic, noise, smoke, fumes, glare or
odors;
15.8 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;
15.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of
Meridian.
15.2 Staff conditions provide as follows:
Adopt the Recommendations of Planning and Zoning and Engineering Staff as
follows:
15.2.1 The square-footage of the existing building shall not be expanded
without bringing the site into full compliance with all current
ordinances. The existing site does not conform to all of the current
standards of the Landscape Ordinance, specifically the required buffer
between residential uses and the electrical training facility. Additionally,
the electrical training facility at the north end of the parcel shall be
screened (Ord. 11-12-3) and any vehicular use areas shall be paved
(Ord. 11-13-4.D.). The proposed interior remodel/tenant improvement
does not increase the square-footage of the structure and shall be
permitted under the existing lot configuration. However, at the time of
any future building expansion, the landscaping, screening and paving
shall be brought into compliance.
15.2.2Assessments or re-assessments for sewer and water service for any new
uses shall be determined during the Certificate of Occupancy process.
15.2.3A Development Agreement shall not be required for this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN 1 (RZwOlw004) - 6
15.2.4Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. '^! ells may be used for non-domestic purposes such ~s
landscape irrigation.
15.2.5AII signage in the proposed project shall be in accordance with the
standards set forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs shall be permitted.
15.2.60ff street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
15.2.7 AIl construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
15.2.8ACHD shall only hear this application if the Site Plan is changed in
such a manner as to require review.
15.2.9ACHD policy requires that before any improvements of any land are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
15.2.10AII future design plans 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 in writing by
the District.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN / (RZ-OI-004) - 7
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67,
Idaho Code by the adoptio.n of Comprehensive Plan City of Meridian adopteq
December 21,1993, Ord. No. 629, January 4,1994.
3. The requested zoning of Limited Office District, (L-O) is defined in the
Zoning Ordinance at 11-7-2 G as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit
the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
4. Idaho Code 9 67-65 II provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
5. Idaho Code S 67 -6511A provides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 8
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code ~
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 concerning the use or
development of the subject property.
7. ~ 11-6-1 ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any 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 boundary;
7.2 Where district boundaries are 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 parallel 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO LwO
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 9
7.4 Where the boundary 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 11-15-11of the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part 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:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive PI,an.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed
under the new zoning.
8.4 There has been no change in 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 appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L~O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 10
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 welfare 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 an 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 :qtajor, importance; and
8.12 The proposed zoning amendment is in the best interest of the City of
Meridian.
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 approximately 2.89 acres
for the remodel of the existing building is granted, 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:
Adopt the Recommendations of Planning and Zoning and Engineering Staff as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - I I
follows:
2.1 The square-fo_otage of the existing building shall not be expandeq
without bringing the site into full compliance with all current
ordinances. The existing site does not conform to all of the current
standards of the Landscape Ordinance, specifically the required buffer
between residential uses and the electrical training facility. Additionally,
the electrical training facility at the north end of the parcel shall be
screened (Ord. 11-12-3) and any vehicular use areas shall be paved
(Ord. 11-13-4.D.). The proposed interior remodeVtenant improvement
does not increase the square-footage of the structure and shall be
permitted under the existing lot configuration. However, at the time of
any future building expansion, the landscaping, screening and paving
shall be brought into compliance.
2.2 Assessments or re-assessments for sewer and water service for any new
uses shall be determined during the Certificate of Occupancy process.
2.3 Development Agreement shall not be required for this application.
2.4 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
2.5 All signage in the proposed project shall be in accordance with the
standards set forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs shall be permitted.
2.6 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11 M 13 for use of property.
2.7 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
2.8 ACHD shall only hear this application if the Site Plan is changed in
such a manner as to require review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 12
(
2.9 ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreeI~ent permitting the improvements shall be obtained:
2.10 All future design plans 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 in writing by
the District.
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 property which is the subje.ct of the application to (L-O) Limited Office District
(Meridian City Code S 11-7-2 G) 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 Department 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.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezoning may, within twenty-eight (28) days after the date of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO LwO
BY; CITY OF MERIDIAN / (RZ-OI-004) - 13
. ,
decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By aetion of the City Council at it' regular meeting held on J uL-1'
;3
-'
2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
VOTED*
VOTED$/0
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED~
--
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: 1-"}-0/
VOTED
MOTION: Jiii;::=-
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. . \\\~.IUIHHt1Jli:I'
,....\ ^F ',~j~. . Ii.
,,:- "'\ v iiYi.r::f'"" (I".
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A ,$ .c; ,.o?oF0;:;'rl 0 J.;. ';':,
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By:._ ~/f;-P'7I? Dated: 1- 3 - 0 If!.,. BBI.\l. ft' ',f~
CIty Clerk ~ "~ r:;::.2:
IINP A _ NT"O _ PDOSER YER _ Z\ W mklMlM<"d',nIM"idi,n i5360MlM,,'di,n W"" Dep. RZO l'OO'\Ff'CI~':~.::: . :~\;.~i"
"1I(~_'L_,~_:~~i" i ~,.. '''{'fi..\'r,,\\
.r.tjj'Oj..;.ij....~':"r.::~>;:..~t. ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM Rw8 TO L-O
BY: CITY OF MERIDIAN 1 (RZ-OI-004) - 14
WATER LATE COMERS AGREEMENT
This Agreement made and entered into this ~ q ~day of 3v, Y\.L 200 I, by and between
OM NAMAH LAXMI L.C., an Idaho Limited Liability Corporation, hereafter referred to as
"DEVELOPER", and the CITY OF MERIDIAN, hereafter referred to as "CITY"
WIT N E SSE T H:
WHEREAS, the City limits extend east and west of Eagle Road, and north and south of
Interstate 84, but prior to this Agreement and construction referred to herein, a portion of such area
was not provided water service by the City; and
WHEREAS, the Developer extended a water main west in Magic View Drive, south in Allen
Street, and east in Gentry Way, from an existing water main in Magic View Drive, as shown in
"Exlubit B", which water main extension will be able to provide service east and west of Allen Street
and north and south of Gentry Way to the land shown in Exlnbit "A" which is attached hereto and
by this reference incorporated as if set forth in full; that the Total Service Area is approximately 16.05
acres, of which the Developer Area is approximately 1.65 acres or 10.3 % of the Total Service Area
as shown in Exhibit "C" which is attached hereto and by this reference incorporated as if set forth in
full.
WHEREAS, the water main constructed by the Developer will benefit other land than just
the land being developed by Developer; and
WHEREAS, the total cost of constructing the water main was born by Developer; that
Holiday IDn.H20-AGREEMENT
portion of the cost which will benefit land other than Developer's is $36,027.21; whereas with a Late
Comer's Area of 14.40 acres and \\lith an unpaid balance of $36,027.21 there could be a Late
Comers Fee of $2,501.89 plus interest, per acre, and/or portion thereof; that the water main will
benefit land owned by the Developer and the benefit to the Developer's land has been reflected in
this Agreement; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into
water main extension and reimbursement agreements and that section further provides that water
users who subsequently connect to the extended water mains shall be charged a water main
equivalency fee; said fees are in addition to the connection and user charges normally assessed a user
due to the fuet the user has not contributed to the cost of the extended main; the above fee is
hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late comers
fee may be used to reimburse the person or persons so extending the water mains.
WHEREAS, pursuant to 9-1-12, the City is required to charge a Water Construction
Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed
proportionately toward the costs and expenses of constructing a water line, whether that construction
has been performed by the City, a local improvement district or a private entity, or combination
thereof: and who subsequently desires to connect to the City water system, shall be required to pay
an additional connection charge which shall be known and referred to as the "Water Construction
Equivalency Fee".
NOW, THEREFORE, [T [S HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in full.
2. That the Developer has engineered, planned, and constructed the water main
described in Exhibit "B, and which will benefit the land shown in Exhibit "A".
2
Ilohcby Inn.H2O-AGREEMENT
3. The Developer has contributed $36,027.21 in construction costs for that portion and
size of the above main, which represents land that could be served that is not included in Developers
land
4. That for all development of the land described in Exlubit flA", except the land owned
by the Developer, the City will charge the sum of$2,501.89 plus interest, per acre, and/or portion
thereof as shown on Table II of Exhibit "C"; such users shall hereafter be referred to as "LA TE
COMERSll; that the charge is the water construction equivalency fee authorized in 9-1-12 and
established by this.Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the
fee is in addition to any other water,charges for connection to the water system; the computation of
the Late Comers Fee is shown on Exhibit flefl atticned-lrereto and by this reference incorporated
herein.
5. That all the late comer fees assessed above in paragraph 4. shall be set aside and
deposited to a special account to be designated the "OM NAMAH LAXMI, L.C. WATER PROJECT
REIMBURSEMENT ACCOUNT" shall reflect interest at a rate of 4% to be accrued on the unpaid
balance once a year at the City's Fiscal Year End, 9/30 each year for the term of the agreerrent and shall
be distributed quarterly to the Developer.
6. That the late comer fees which go into the "OM NAMAH LAXMI, L.C. WATER
PROJECT REIMBURSEMENT ACCOUNT", shall increase at a rate of 4% per annum as shown
in table III 0 f Exhibit "C".
7. That the late corner fees shall be collected by the City from all users subsequently
connecting to the main in Exhibit "8" for parcels of land described in Exhibit "A", except the land
owned by the Developer.
8. That the City shall charge the "OM NAMAH LAXMI, L.C. WATER PROJECT
3
Holid:ly Inn.H20-AGREEMENT
REIMBURSEMENT ACCOUNT" 10% administrative charge as authorized under 9-1-13A4.
9. That the City shall have prepared on an annual basis an audit of all funds collected
pursuant to this Agreement, which audit shall coincide with the geneml audit of the City; that the cost
of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the water main referenced in Exhibit "BI! is the property of the City
and shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Developer has been reimbursed the principal
sum of$36,027.2~plus interest, as determined in Paragraph 6, less the 10% administrative fee, or,
if this is not achieved, for a period oft~n (10) years. If the Developer has not been reimbursed the
\~principa1~sum plus interest less administrative fees after ten (10) years from the date of this
Agreement, the Agreement may be extended by mutual Agreement of the City and the Developer,
at such time as the City ordinance allows for extension ofa ten year time frame. If the City does not
amend this ordinance, then this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this~G"r.aay of TlA~ ,2001.
4
Holiday Inn.H20-AGREEMENT
CITY OF MERIDIAN
ROBERT D. CORRIE, MAYOR
WILLIAM G. BERG, JR., CITY CLERK
OM NAMAH LAXMI, L.e.
By;
JJ;.:f{JJQ
Kkti ateL Member
By;
Bhark PateL Member
5
Holiday Ino.H20-AGREEMENT
STATE OF IDAHO,)
: ss.
Co unty of Ada, )
On this _ day of , 2001, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY CONlMISSION EXPIRES
, 200 ~, before J!le, ~ undersi ned, a Notary Public in and
, and
, known to me to be the Members of, OM NAMAH LAXMI,
L.C., and who executed the within instrument on behalf of said corporation, and acknowledged to
me that said corporation executed the same.
STATE OF IDAHO,)
: ss.
County of Ada, )
::tl'-->
On thisa5day of
for said State, personally ap
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
SEAL
c::K~\),L (\ . ~ l~
NOTARY PU~FOR IDAHO
RESIDING A l~ \ ~
MY COMMISSION EXPIRES \C\ - ,3 -()~
6
Holiday Inn.H20-AGR EEM ENT
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"EXHIBIT C"
HOLIDA Y INN EXPRESS - OM NAMAH LAXMI LC
WATER MAIN EXTENSION LATE COMER'S AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
DEVELOPER'S AREA
PARCEL NUMBER
I R5443010133 (Map Reference ID# 9)
Table I
ZONE
C-G
ACREAGE
I 1.65
% OF TOTAL
I 10.3 f
LATE COMER'S AREA
PARCEL NUMBER
ZONE
ACREAGE % OF TOTAL
R5702910040 (Map Reference ID# 1) C-G 0.56 3.5
R5702910050 (Map Reference ID# 2) C-G 0.49 3.1
R5702910020 (Map Reference ID# 3) C-G 0.70 4.4
R5702910010 (Map Reference ID# 4) C-G 2.60 16.2
R5443010154 (Map Reference ID# 5) C-G 4.22 26.3
R5443010114 Portion (Map Reference ID# 6) C-G 2.05 12.8
R5443010125 (Map Reference ID# 7) C-G 1.77 11.0
R5443010128 (Map Reference ID# 8) C-G 2.01 12.5
TOTALS 14.40
Table II
(Developer's Area Total + Late Comer's Area Total = Total Service Area)
1.65 Acres + 14.40 Acres = 16.05 Acres
DEVELOPER'S CONTRIBUTION:
$40, 164.11 Verified from Billings
PORTlON OF DEVELOPER'S CONTRIBUTlON ELIGIBLE FOR REIMBURSEMENT:
(Developer's Contribution - Developer's Percentage of Total Area = Eligible Reimbursement)
$40,164.11 - 10.3 % ($4,136.90) = $36,027.21
Page I
LATE COMER FOlUvfULA:
(Eligible Reimbursement / Late Comer's Service Area = Late Comer Fee)
$36,027.21/14.40 Acres = $ 2,501.89 per Acre
REIMBURSEMENT SCHEDULE;
The Developer paid the costs of installing the water line. The Latecomer Fee paid by each parceL
or portion thereot: who connects to the subject water line will be paid per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on October 1st. At an annual
percentage rate of 4%. The latecomer fees shall be as follows;
Effective Date Latecomer Fee per acre
Octob,er 1, 1999 $ 2,501.89
October 1, 2000 $ 2,601.97
October I, 200 I $ 2,706.05
October 1,2002 $ 2,814.29
October 1, 2003 $ 2.926.86
October 1, 2004 $ 3,043.93
October I, 2005 $ 3,165.69
October 1, 2006 $ 3,292.32
October 1,2007 $ 3,424.01
October 1, 2008 $ 3,560_97
Table rn
Page 2
(
City of Meridian
Public Works Dept.
Jro
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To: Mayor Corrie
from: Gary D. Smith, PE
CC: file
Date: 06/26/01
Re: Latecomers Agreement - Patel (Holiday Inn Express Motel)
Mayor: I would appreciate it if you could place these latecomers agreements (sewer
& water) on the next City Council agenda for Council review and approval.
Mr. Patel extended the sewer and water lines in Allen Street to serve the Holiday Inn
Express Motel near the Eagle Road /1-84 intersection. Since that extension, several
businesses have built adjacent to the Holiday Inn and have connected to the sewer
and water lines extended by Mr. Patel. Those businesses were advised, and they
agreed, that they would need to pay sewer and water latecomer fees after the
agreements were completed. Because of the length of time passed since the lines
were installed by Mr. Patel; I would propose that the City reimburse Mr. Patel and
then we would invoice and collect from the other properties that have connected.
If you have any questions please call.
Thank youj:;
Gary' ;;-
From the desk of...
Gary D. Smith, PE
Public Works Director
MeridianPublic Works Department
660E Watertowed..ane, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (208) 887-1297
(
(
SEWER LATE COMERS AGREEMENT
11\
This Agreement made and entered into this 25 ~day of YtMA.L
2001, by and between
OM NAMAH LAXMI L.C., an Idaho Limited Liability Corporation, hereafter referred to as
"DEVELOPER", and the CITY OF MERIDIAN, hereafter referred to as "CITY"
WIT N E SSE T H:
WHEREAS, the City limits extend east and west of Eagle Road, and north and south of
Interstate 84, but prior to this Agreement and construction referred to herein, a portion of such area
was not provided sewer service by the City; and
WHEREAS, the Developer extended a sewer main south in Allen Street, from an existing
sewer main in Magic View Drive, as shown in "Exhibit B", which sewer rmin extension will be able
to provide service east and west of Allen Street and north and south of Gentry Way to the land shown
in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that
the Total Service Area is approximately 11.83 acres, of which the Developer Area is approximately
1.65 acres or 13.9 % ofthe Total Service Area as shown in Exhibit "C" which is attached hereto and
by this reference incorporated as if set forth in full.
WHEREAS, the sewer main constructed by the Developer will benefit other land than just
the land being developed by Developer; and
WHEREAS, the total cost of constructing the sewer main was born by Developer; that
portion of the cost which vvill benefit land other than Developer's is $19,473.24; whereas vvith a Late
Holiday Inn.S EW ER.AGREEM ENT
Comer's Area of 10.18 acres and with an unpaid balance of $19,473.24 there could be a Late
Comers Fee of$I,912.87 plus interest, per acre, and/or portion thereof; that the sewer main will
benefit land owned by the Developer and the benefit to the Developer's land has been reflected in
this Agreement; and
WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into
sewer main extension and reimbursement agreements and that section further provides that sewer
users who subsequently connect to the extended sewer mains shall be charged an eight (8) inch
diameter sewer ~ equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the factthe user has not contributed to the cost of the extended main;
the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that
the late comers fee may be used to reimburse the person or persons so extending the sewer mains.
WHEREAS, pursuant to 9-4-18, the City is required to charge a Sewer Construction
Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed
proportionately toward the costs and expenses of constructing a sewer line, whether that construction
has been performed by the City, a local improvement district or a private entity, or combination
thereot: and who subsequently desires to connect to the City sewer system, shall be required to pay
an additional connection charge which shall be known and referred to as the "Sewer Construction
Equivalency Fee".
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in full_
2. That the Developer has engineered, planned, and constructed the sewer main
described in Exhibit "B, and which will benefit the land shown in Exhibit "A".
3. The Developer has contributed $19,4 73.24 in construction costs for that portion and
2
Holiday Inn'sE W ER-AGREEM ENT
size of the above main, which represents land that could be served that is not included in Developers
land
4. That for all development of the land described in Exhibit "Aul except the land owned
by the Developer, the City will charge the sum of$I,912.87 plus interest, per acre, and/or portion
thereof as shown on Table II of Exhibit "C"; such users shall hereafter be referred to as "LATE
COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-4-19 and
established by this Agreement, which fee shall herein be referred to as flLATE COMERS FEE"; the
fee is in addition t~ any other water charges for connection to the water system; the computation of
the Late Comers Fee is shown on Exhibit "C" attached hereto and by this reference incorporated
herein.
5_ That all the late comer fees assessed above in paragraph 4_ shall be set aside and
deposited to a special account to be designated the "OM NAMAH LAXMI, L.c. SEWER PROJECT
REIMBURSEMENT ACCOUNT" shall reflect interest at a rate of 4% to be accrued on the unpaid
balance once a year at the City's Fiscal Year End, 9130 each year for the term ofthe agreement, and shall
be distributed quarterly to the Developer.
6. That the late comer fees which go into the "OM NAMAH LAXMI, L.C. SEWER
PROJECT REIMBURSEMENT ACCOUNT" shall increase at a rate of 4% per annum as shown in
table III of Exhibit "C".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the main in Exhibit "8" for parcels of land described in Exhibit "A", except the land
owned by the Developer.
8. That the City shall charge the "OM NAMAH LAXMI, L.c. SEWER PROJECT
REIMBURSEMENT ACCOUNT" 10% administrative charge as authorized under 9-4-19A4.
3
Holiday Inn.S EWER-AGREEM ENT
9. That the City shall have prepared on an annual basis an audit of all funds collected
pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost
of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the water main referenced in Exhibit "B" is the property of the City
and shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be Wltil Developer has been reimbursed the principal
sum of$19,473.24 plus interest, as detennined in Paragraph 6, less the 10% administrative fee, or,
if this is not achieved, for a period often (10) years. lfthe Developer bas not been reimbursed the
principal sum plus interest less administrative fees after ten (10) years from the date of this
Agreement, the Agreement may be extended by mutual Agreement of the City and the Developer,
at such time as the City ordinance allows for extension ofa ten year time frame. lfthe City does not
amend this ordinance, then this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this ~6DdaY of .:J ~ , 2001.
4
Holiday I nn.SEWER-AGREEM ENT
(
CITY OF MERIDIAN
ROBERT D. CORRIE, MAYOR
WILLIAM G. BERG. JR., CITY CLERK
OM NAMAH LAXMI, L.C.
By; mo (J2
~t~P~~r
By;
Bhark PateL Member
5
Holiday Inn.SEWER-AGREEMENT
STATE OF IDAHO,)
: 5S.
County of Ada, )
On this _ day of , 200 I, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereWlto set my hand and affixed my official seal the day
and year first abo~e written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY COMrvtISSION EXPIRES
STATE OF IDAHO,)
: ss.
County of Ada, )
On ~y of ~:~~ "!'" t~dersigned, a Notary Public in and
for said State, personally appeare ' ~ \. oX.J , and
, known to me to be the Members of, OM NAMAH LAXMI,
L.C., and who executed the within instrument on behalf of said corporation, and acknowledged to
me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereWlto set my hand and affixed my official seal the day
and year first above written.
SEAL
~C\.tl~
NOTARY PUB I FOR IDAHO
RESIDING A \ b
MY COMMISSION EXPIRES 0-
6
Holid3:y Inn.SEWER-AGREEMENT
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"EXHIBIT C"
HOLIDA Y INN EXPRESS - OM NAMAH LAXMI LC
SEWER MAIN EXTENSION LATE COMER'S AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
DEVELOPER'S AREA
PARCEL NUMBER
R5443010133 (Map Reference ID# 8)
ZONE
C-G
ACREAGE
1.65
% OF TOTAL
13.9
Table I
LATE COMER'S AREA
PARCEL NUMBER
ZONE
ACREAGE % OF TOTAL
R570291 0040 (Map Reference ID# 1) C-G 0.56 4.7
R570291 0050 (Map Reference 1D# 2) C-G 0.49 4.1
R5702910020 (Map Reference 1D# 3) C-G 0.70 5.9
R5702910010 (Map Reference ID# 4) C-G 2.60 22.0
R5443010114 Portion (Map Reference 1D# 5) C-G 2.05 17.3
R5443 0 10125 (Map Reference 1D# 6) C-G 1.77 15.0
R5443010128 (Map Reference ID# 7) C-G 2.01 17.0
TOTALS 10.18
Table II
(Developer's Area Total + Late Comer's Area Total = Total Service Area)
1.65 Acres + 10.18 Acres = 11.83 Acres
DEVELOPER'S CONTRIBUTION:
$22,617.00 Verified from Billings
PORTION OF DEVELOPER""S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
(Developer's Contribution - Developer's Percentage of Total Area = Eligible Reimbursement)
$22,617.00 - 13.9 % ($3,143.76) "" $19,473.24
Page 1
LATE COMER FORMULA:
(Eligible Reimbursement 1 Late Comer's Service Area = Late Comer Fee)
$19,473.24/10.18 Acres = $1,912.87 per Acre
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the sewer line. The Latecomer Fee paid by each
parcel, or portion thereof: who connects to the subject sewer line will be paid per the above
agreement.
The fees assessed to each latecomer shall be adjusted annually on October 1st. At an annual
percentage rate of 4%. The latecomer fees shall be as follows:
Effective Date Latecomer Fee per acre
Octobe!' I, 1999 $ 1,912.87
October I, 2000 $ 1,989.38
October I, 200 I $ 2,068.96
October I, 2002 S 2,151.72
October I, 2003 $ 2,237.79
October I, 2004 $ 2,327.30
October I, 2005 $ 2,420.39
October I, 2006 $ 2,517.21
October I, 2007 S 2,617.90
October I, 2008 $ 2,722.62
Table m
Page 2
WHITE PETERSON
WHITE, PETERSON, MORROW, GlORAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
WM. F. OtGRAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A. MORROW
WILLIAM F. NICHOLS.
CHRISTOPHER S. NYE
PHILIP A. PETERSON
BRIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITEu
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288.2499
FAX (208) 288-2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
I:OST OFFICE 80X 247
NAMPA, IDAHO 83653.0247
TEl. (208) 466.927Z
FAX (208) 466.4405
'ALSO ADMITTED IN OR
"ALSO ADMITTED IN WA
July 6,2001
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
William G. Berg, J r.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
JUL 1 0 2001
CITY OF MERIDIAN
Re:
FULLER/SCOTT INVESTMENT CO. / GLENCO, I
MERIDIAN GREENS UNIT NO.4 FINAL PLAT (FP-Ol~009)
Dear Will:
Regarding the above referenced matter, please find enclosed the original
of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and
signature by the Mayor and yourself. Please serve a copy of the ORDER upon the
Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning,
Public Works, and City Attorney.
If you have any questions, please give me a call.
Ene.
Z:\Work\M\Meridian\Meridian ] 5360Ivl\Meridial1Greens4 PPO] 9\Clerk07060 I.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 07/03/01
IN THE MATTER OF THE )
APPLICATION OF )
FULLER/SCOTT INVESTMENT )
CO.,/GLENCO, FOR APPROVAL )
OF FINAL PLAT FOR )
MERIDIAN GREENS UNIT NO. )
4, LOCATED ON THE EAST )
AND WEST SIDES OF SE 5TH )
WAY SOUTH FROM )
OVERLAND, MERIDIAN~ )
IDAHO )
CASE NO. FP-O 1-009
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to Meridian City Code S 12N3N7 on July 3,2001, and the Council finding
that the Administrative Review is complete which has included certain comments and
conditions as stated in a letter to the Mayor and Council from Bruce Freckleton,
Engineering Technician III, and David McKinnon, City Planner, listing 18 Site
Specific Comments, listing 7 General Comments and 7 Site Specific Comments-
Planning & Zoning, which are herein found fair and reasonable, and at the July 3,
2001 meeting, Shari Stiles, Planning and Zoning Administrator~ commented at the
hearing, and no one appeared in opposition, and the Council having considered the
requirements of the preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR MERIDIAN GREENS NO.4 SUBDIVISION (FP-OI-009)
- 1
IT IS HEREBY ORDERED THAT:
1.
The Plat of "THE MERIDIAN GREENS - UNIT NO.4" as evidenced
in Plat bearing "FLAT SHOWING THE MERIDIAN GREENS - UNIT NO.4, A
GLENCO DEVELOPMENT, LOCATED IN THE NE Y4 OF THE NW 1/4 OF
SECTION 19, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO, 2001, HANDWRITTEN DATE OF: 4/2/01, SHEET 1 OF 2,
CIVIL SURVEY CONSULTANTS,' INCORPORATED", and Fuller/Scott Investment
Company / Glenco, 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 Frecldeton, Engineering Technician III, and David McKinnon, City
Planner, dated June 1,2001, listing 18 Site Specific Comments, 7. General
Comments and 7 Site Specific Comments-Planning & Zoning, a true and correct
copy is attached hereto marked Exhibit "A", and consisting of four pages, and by this
reference incorporated herein, with the additional requirements from the City
Council meeting held Tuesday, July 3,2001, as follows, to-wit:
1.1 The Council requires that the Final Plat include a note so that
the future buyer of Lot 5, Block 2 be warned that this lot is
located next to City well # 14, and which well is equipped with a
large outdoor generator; and that the generator is used during
power outages and is operated at least weeldy for one-half hour
periods of time.
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR MERIDIAN GREENS NO.4 SUBDIVISION (FP-O 1-009)
-2
(
1.2 Fire Chief, Kenny Bowers, requires no parking of vehicles, trailers
or equipment in the cul-de-sac.
2.
The final plat upon which there is contained the Certification and
signature of the City Clerk and the City Engineer verifying that the plat meets the
City's requirements shall be signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on-
site improvements.
By action of the City Council at its regular meeting held on the
?lliJ
day of
~
'\7l ~
, 2001.
~]{J:9~
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
ByJld4~4~~
City Clerk
Dated:
1-(0 -CJ I
Z:\Work\IVl\Meridian\Meridian 15360Nl\!VleridianGreens4 PPO 19\FPOrderO I .009.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR MERIDIAN GREENS NO.4 SUBDIVISION (FP-OI-009)
~3
HUB OF TREASURE VAllEY
A Good Place to we
LEGALDEPARlMENT
(208) 288-2499 . Fu: 288.2501
crry COUNClLMEMBERS
RonAndeIson
~th Bud
Tammy deWeerd
Cherie McCmclless
CITY OF MERIDIAN
33 EAST IDAHO
J.\.1ERIDlAN, IDAHO 83642
(208) 888-4433 . FAX (2:18) 887-4813
City Oerlt Office Fax (208) 88S4218
PUBUC WORKS
BUIlDING DEPARlMENr
(208) 887-2211 . Fax 887-1297
PLANNING AND ZONING
DEPARIMENT
(208) 884-5533 . F A.X 888-6854
MEMORANDUM:
June 1, 2001
To:
Mayor. City Council. Planning & Zoning
Bruce Freckleton. Assistant to City Engin~ JUN - 1 2001
David McKinnon, City PlannerbJA CITY OF MERIDIAN
Request for Final Plat for THE :MERIDIAN GREENS - UNIT NO.4 - 13
Building Lots and 3 Common Area Lots on 6.36 Acres - by Fuller Scott
Investment Co. and Glenco. (FP-OI-0Q9)
RECEIVED
From:
Re:
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or deleted
by motion of the Meridian City Council:
APPLICATION SUMMARY
This application proposes to create 13 single-family residential lots and 3 landscape/common lots
at a gross density of 2.03 dwelling units per acre. This plat would be the final phase of the
Meridian Greens Subdivision (there are three existing. built-out phases of Meridian Greens). The
7.88-acre parcel is an infill parcel. surrounded on all four sides by existing development. There is
a new public collector road (SE 5th Way) and a new cul-de-sac proposed within the plat.
LOCATION
The property is generally located on the south side of Overland Road directly across from Western
Equipment. between Meridian Road and Locust Grove Road. It is designated as Existing Urban in
the 1993 comprehensive plan.
SURROUNDING PROPERTffiS
North - Western Equipment, zoned C-G
South - Meridian Greens Subdivision No.1. zoned R-4
East - Eightmile Lateral and Hunts Bluff Subdivision, zoned R-4
West - Meridian Greens Subdivision No.1, zoned R-4, and three Ada County lots, zoned RI
SITE SPECIFIC COMMENTS
1. Applicant is to meet all terms of the approved prelimimny plat.
2. The engineering plans submitted with the application indicate that this development's
pressurized irrigation system is going to connect to the existing system in Meridian Greens
Unit No.1. a system owned by the Meridian Greens Homeowners Association. Written
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Mayor, Council and P&Z
June 1, 200]
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approval of pressurized irrigation agreement between this developer and the Meridian
Greens Homeowners Association is required prior to City signatures on the final plat.
3. Compaction test results must be submitted to the Meridian Building Department for all
building lots receiving engineered backfill.
4. The design. of drainage areas shall ensure that water is retained only during 25-year storm
events for a period of time not to exceed 24 hours.
5. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, perimeter fencing
installed, and road base approved by the Ada County Highway District prior to applying
for building permits. All development improvements shall be installed and approved prior
to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of
110% will be required for all fencing, pathways. landscaping, pressurized irrigation,
sanitary sewer, water, etc., prior to signature on the final plat.
6. Sanitary sewer service to this site shall be via extensions from the existing main line in
S.E. Fifth Way. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Sewer manholes are to be provided to keep the sewer lines on
the south and west sides of centerline.
7 . Water service to this site shall be via extensions of the existing main installed in S .E. Fifth
Way. Applicant will be responsible to construct the water mains to and through this
proposed development. Subdivision designer to coordinate main sizing and routing with
the Public Works Department.
8. Applicant's engineer will be required to submit a signed, stamped statement certifying that
all street finish centerline elevations are set a minimum of three-feet above the highest
established normal groundwater elevation.
9. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of
mailbox structures.
10. Submit copies of proposed restrictive covenants and deed restrictions for review by the
City Attorney's office.
11. Complete the Certificate of Owner's and it's accompanying Acknowledgment.
12. Add "City of Meridian" to the situate statement on page one of the plat map.
13. Please add or revise the following notes:
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June 1,2001
Page 3
Building Setbacks
...zoning regulations of Ada County the City of Meridian at the time...
14. Please add the comer perpetuation filing record numbers to the referenced government
comers.
15. Correct the missing PLS numbers (????) in the Legend of symbols.
16. Correct the name of "E. Port Maria Court" to "E. Borzoi Court" per the Ada County
Street Name Committee's letter.
17. Two-hundred-fifty-watt and/or one-hundred-watt, high-pressure sodimn street1ightswill 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.
18. Staff's failure to cite specific ordinance provisions or terms of the approved prelimln~ry
plat does not relieve Applicant of responsibility for compliance.
GENERAL COMMENTS
1. Any existing irrigation! drainage ditches crossing the property to be included in this project.
shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation! drainage district, or lateral users 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 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist with street development plans.
5. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
6. Submit a letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
7. Coordinate fire hydrant placement with the Meridian Public Works Department.
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June 1,2001
Page 4
SITE SPECIFIC COMl\1ENTS - PLANNING & ZONING
1. The landscaping shall be installed as submitted. The 20' landscaping easements located on
Lots 1-5 Block 2 and the 20 landscaping easements on Lots 1, 7, and 8 of Block 1 shall be
completed prior to the issuance of a final occupancy permit for any home within the
subdivision. The landscaped areas sba1l be connected to a common pressurized irrigation
system prior to construction of individual homes in order to be continuously sprinkled and
maintained. Until such time that there is a homeowner responsJb.1e for maintaining each
lot, the common. irrigation connection shall be used for sprinkling the landscaping
easements.
2. A detailed fencing plan including the location and types of construction shall be submitted
for review and approval prior to receiving a signature on the final plat. A letter of credit
or cash surety will be required for the improvements prior to signature on the final plat.
Fencing shall be in place prior to applying for building permits.
3. Twenty-four-foot-wide private drives are proposed to access all lots adjacenttotheeastem
side of SE 5th Way. No parking will be allowed at any time along this street. The
homeowners association will be responsible for enforcement of this no parking area.
Coordinate with the Meridian Fire Department and comply with their requirements for
posting or otherwise marking the area as "no parking"'.
4. Add the following to Note 4: Building setbacks from the right-of-way of SE 5lh Way shall
be a Tnlnirnum of 25 feet for Lots I, 7, and 8, Block 1.
5. No permanent perimeter fencing shall be required along the eastern side of Lots 1-5, Block
2. However, temporary fencing to contain construction debris shall be installed prior to
applying for building permits.
6. Any development of the 4O-foot-wide piece of property to the east of Lots 1-5 of Block 2,
running adjacent to the Eight Mile Lateral, sball require a license agreement with the
Nampa-Meridian Irrigation Department prior to development or landscaping. Additionally,
the homeowner, prior to landscaping or otherwise improving the land, shall obtain an
approval letter from the property owner of the 4O-foot-wide strip of land.
7. The aforementioned 4O-foot wide strip of land adjacent to the rear of Lots 1-5, Block 2,
and the Eight Mile Lateral shall not be split or otherwise sold unless the property has been
properly subdivided and a license agreement with the NMID has been granted for
developing said property .
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PUBLIC HEARING
SIGN-UP SHEET
DATE
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PROJECT NUMBER
PROJECT NAME
NAME FOR AGAINST
..
July 3, 2001
RECEIVED
JUL 0 3 2001
CITY OF MERIDIAN
CITY CLERK OFFrCE
{]t(!. VvL~
1-~-o1
l-bvvl No. l (0 ~ l:r
D'Alessio Building & Development, Inc.
6314 North Park Meadow Way
- Suite 103
Boise, Idaho 83713
861-6499
To: City of Meridian Mayor and City Council
Re: Annexation, Zoning and Preliminary Plat Application for 8.15 acres from
RUT to R4, and 23 building lots for proposed Staten Park Subdivision.
In regard to the letter from Larry Haney Masonry dated June 29, 2001 and
included in your packages, we would like to take this opportunity to respond to
the contents of this letter_
As we told Mr. Haney, we believe that this is a matter that should be
before a judge in small claims court and not an issue to be heard by the City
Council in an unrelated matter. But since he has made these statements and
they are part of the official record, we are compelled to respond.
The only factual statement made by Mr. Haney is that he performed work
for our company and we did not pay him.
He was not paid because his work was done in a poor manner using
substandard materials and methods. He was informed of this problem but never
provided a remedy. Therefore, we were forced to repair his work and tolerate
a job that is obviously not up to the minimal standards of workmanship.
The construction and development industry is inherently susceptible to
disputes regarding payments and quality of workmanship, to name a few.
Consumers and small businesses are afforded every opportunity to seek relief in
small claims court. In general, any subcontractor or supplier who believes that
they have a valid dispute, has the opportunity to file a lien with the county clerks
office. Mr. Haney has never taken any legal action whatsoever. Instead he
chooses to make libelous and disparaging comments regarding our character
and business integrity.
Please be advised that we have the financial resources to complete this
project and a development loan has been secured awaiting the results of this
counciL
We respectfully request that the statements made by Larry Haney
Masonry be disregarded when considering this application and that his letter be
removed from the record due to its irrelevance and libelous content.
Daniel D'Alessio
, ,
** TX CONF I RMh.. ON "..,PORT **
(.. J.
AS OF JUL 16 'bel. 09:41 PAGE.01
CITY OF MERIDIAN
DATE TIME TO/FROM
06 07/16 09:37 208 888 7728
MODE MIN/SEC PGS CMD~ STATUS
EC--S 03'42" 007 250 OK
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BEFORE THE MERIDIAN CITY COUNCIL
C1C 07/03/01
IN THE MA ITER OF THE )
.APPLICATION OF )
FULLER/SCOTT INVESTMENT )
CO.,/GLENCO, FOR APPROVAL )
OF FINAL PLAT FOR )
MERIDIAN GREENS UNIT NO. )
4, LOCATED ON THE EAST )
AND 'WEST SIDES OF SE 5TH )
WAY SOUTH FROM )
OVERLAND,MERlD~, )
IDAHO )
CASE NO_ FP-OI-009
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 July 3,2001, and the Council finding
that the Administrative Review is complete which has included certain comments and
conditions as stated in a letter to the Mayor and Council from Bruce freckleton,
Engineering Technician III, and David McKinnon, City Planner, listing 18 Site
Specific Comments, listing 7 General Comments and 7 Site Specific CommenLS-
Planning & Zoning, which are herein found fair and reasonable, and at the July 3,
2001 meeting, Shari Stiles, Planning and Zoning Administrator, commented at the
hearing, .and no one appe.ared in opposition, and the Council having considered the
requirements of [he preliminary plat the Council takes the following action:
ORDER OF CONDITIONJ\L APPROVAL OF FINAL
PLAT FOR MERIDIAN GREENS NO.4 SUBDMSION (FP-OI-009)
- 1
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** TX CONFIRMA~~,jN REPORT **
/'"
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AS OF JUL 20 'k~, 17:05 PAGE.01
CITY OF MERIDIAN
DATE TIME TO/FROM
27 07/20 17:05 8886854
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00' 21" 001 095 OK
- .
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"'..". I'lY, .....I..y v, NIIH'.I.0.l.<l1l,
To; City Clerk At: 8884218
DODDC:l4j.
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r'<lye II I
M..wOR
'R()~rt D. tome
HUB OF TREASORE VAfJ.EY
A Good Place to Livc
Ll!CAL PP.PA.RTM.liN'l'
(208) l.Sg.7.1.W . ";l~ 2S8.2501
ftlllUC WORKS
DUlLDlNG nEl'^RTMENT
(2lJ~) ~~7-22l 1 . F;u; 8a1.12~1
CITY COUNCIl; MEMBE.RS
Ron A~dersoll
Keith :gird
'l':llnmy dq'\\l'ccrtl
Ch~rie McCllJIdJeu
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN. lDA.HO 83042
(208)l\8~.4433' fa.~ (203)887.481:3
City Cl=k 0 rlice Fax (20S} 888.4218
l'l....l'oINlt'lC il.ND 7.oNINU
DEP^IlTMBNT
ll08) 8~o1.5533 . YAA 8ES-<iS54
July 20, 2001
RECEJVFT'
JUL 1 0 2001
Albertson'$, Inc.
250 E. Parkcenlcr Blvd.
Boise, ill 83706
City of Meridian
City Clerk Offioe
RE: Prelimlnory Plat Approval fur Cherry Crossing
T() Whom It May CoJ1cern~
This letter is to confirm that the City of Meridian's Planning & Zoning Commission
recommended approval with conditions 011 the Preliminary Plat applioation for the
subject property at their 07/20/01 meeting. The preliminary plat is scheduled fol' a public
he!aring before the City Council on 8/21101.
Sincerely,
CITY OF },..ffiRlDlAN
sian Stiles
Pbuming DireclorlZoning Administrator
cc: Craig Slocum, CSHQA
JUL 20 '01 1a;03
888685<1
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