HomeMy WebLinkAbout2001 05-01
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, May 1,2001, at 5:30 p.m.
City Council Chambers
1.
Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (e):
Meridian City Council Special Meeting Agenda- May 1,2001
Page 1 ofl
Ron Anderson
Keith Bird
Meridian City Couneil Special Meeting
Mav 1.2001
The special meeting of the Meridian City Council was called to order at 5:30 PM on
Tuesday May 1,2001 by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Keith Bird, Tammy De Weerd, and Cherie
McCandless.
Members Absent: Ron Anderson.
Others Present: Bill Nichols, Will Berg, Sharron Ulman.
Corrie: I'm going to open the Tuesday May 1, 2001 at 5:30 City Council chambers for
a special meeting agenda for executive session. Mr. Clerk roll call vote please.
Berg: Thank you Mr. Mayor, Members of Council, roll call.
Item 1.
Roll-eall Attendance:
X Tammy de Weerd 0
X Cherie McCandless X
X Mayor Robert Corrie
Ron Anderson
Keith Bird
Item 2.
Adoption of the Agenda:
Corrie: Okay. The second item is adopt the agenda for the executive session for
Idaho state code 67-2345 (c). If that be the case, I'll entertain a motion to
adopt the agenda.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we adopt the agenda for the executive session according to Idaho State
code 67-2345 ( c).
Corrie: Yeah. Any second?
McCandless: Second.
Corrie: Motion made and second. All those in favor say aye.
MOTION CARRIED: ALL AYES
Item 3.
Exeeutive Session as per Idaho State Code 67-2345 (e):
Meridian City Council Special Meeting
May 1,2001
Page 2
Corrie: We're going into executive session. I would entertain a motion to come out
of executive session.
Bird: So moved.
De Weerd: Second.
Corrie: Motion made and second to come out of executive session. All those in favor
. say aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. We're coming out of executive session at 6:27 PM. I'll entertain a
motion then to, we've come out of it and no decisions were made -
Unidentified Speaker: Don't even want to hear about it.
Corrie: --but we need to close the hearing on the special meeting.
Unidentified Speaker: The answer is no.
Corrie: So, I'll entertain a motion to close the hearing.
(inaudible discussion)
Corrie: Hello, Council. Close the hearing.
Bird: So moved Mayor.
Corrie: Okay.
De Weerd: Second.
Corrie: Motion made to close the agenda of the special meeting. All say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 6:28 PM
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, May 1, 2001, at 5:30 p.m.
City Council Chambers
1.
Ron.canrndance: &=
Tammy de Weerd Ron Anderson
Cherie McCandless Keith Bird
+-- Mayor Robert Corrie
2.
Adoption of the Agenda: d-
3.
Executive Session as per Idaho State Code 67-2345 (c):
/W dRcl'I~J' ~ f'n.-Ade.-
Meridian City Council Special Meeting Agenda - May 1, 200 I
Pllge 1 ofJ
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearings, please contact the City Clerk's Office at 888-4433 at
least 72 hours prior to the public meeting.
f/ /-erlJt fbJI- Irr< Pu-{;;i>c Ne>17G-L - 7';~~l<-c
HUB OF TREASURE VALLEY
MAYOR
Robert D. Corrie
A Good Place to Live
CITY OF MERIDIAN
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWecrd
Cherie McCandless
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 . Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-221 I . Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . Fax 888-6854
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, May 1, 2000 at 5:30 P.M. The Meridian City Council will hold
an Executive Session (the session is closed to the public) in accordance with
Idaho State Code 67~2345 (c).
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
DATED this 27th day of April, 2000.
.......................
~,
i... .... \.......i
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.... >..
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D. . Findings of t and onc us aw: PP01~004 equest
for Prelimina lat approval of11biJildingl()ts8Qd2 other lots on
20:26....iacres......in.>an ......R.~8.......zoneyJ~U-B........Erigineers.......fori.proposed
. ... MlIrdochSubdivisioltiNo~.2 est of Locust Grove Road south
.............ofFral1kliriRoad: A\!~ZO~V
. : i
E. Findi of act: an . one usions of L. AR 0 - 04
...... Reques or Varianceofthe.l;OOQ7fO;:"';t:~ b~I~O:C~k lerig for Murdoch
;J_~~:,__..~S Meridian CityCollncil Agenda ;;;May 1, 200 .;i,',.
.,;~::~~,,~~ge 1 of 3 >
Allmillerials presented alllublic meetings shall become property of the City of Meridj;j.n..i.........
...... .......................(~yona da~i;ng accommodation '"or.: d?isabili.ti_es._ rer.a_Ied ~ 10 documents a~not~~~~~' ~ lhe~ Ci~tyt crerl<";S\ Offi~ce~ at7 888-4~4D33: at' l?eaS~I'4:87 hours ~ pri,orlo
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C1iY01f~~
CITY COUNCI(~~66~K~ MEETING
:r;: AG~.~P~
.:....:i .
Tuesday, :a~1;~001, at 6:30
City couhdHCha.
...~....
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..
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.. ....i
....................................................
. RolI~caU Atten ance:
X ammy de Weerd
Xi:CllerieMcCandless
...........X:Q.i:Ma or Robe
} .
Adop the A en~: Amend
... .......... .....:..}..:
n ers
i Keith Bifd
[ne
....
Consent enda: ;: , , "
A~ a ed frQm Apri , 200 . gs of Faets andConelu ons{;i.
of Law for Approvai~8TAz01~002~~Q~uest for Annexation and
Zo~Jpgof1 f.764 acres from RTtbR-4QahdC~GJor pr~Pf;~>
oeust GrovePlaeebyB& AEngineers-westside of>LoCUl >>i
Grove ~6ad south.of Fairvie Aven. : Ap rove.
< B. Tab edJrom Ap , : Fin n so. and one uSlon
..>ofLawfo;~r2 pproval:<PP 01~002 RequestJdr. PtelimiriaryiPla
<approval 0 building lotsand2dthetlots 001 f.764 acres in
:... proposed R-4 Land" C~Gzonefor proposed LocuslGrovePlae
by B.&A Erlgineers~west: s'd;le~: Orf~ L~bcust Grove Road .outh 0
Fairview Avenue: Approve. . . . .
............/..................... ... .... .....
. Tabled from April. 1.7~ 2001: Findil1gs of Facts and Conelusiohs
of Law fOr.A:~2Pi~p.rro~val: CUP01~003>RequesfforaCoriditidriaIUs.e
Permit/for 180~tjnit.apartm~m2jco~plex .anda.planned .
developmen a> proposed. RL40,:;;..:.~~~A~';G zone for .propose~>
LocusfGrovePlaeebyB& AErigirleers~j~ west side of Locu
.. Grove Road south of Fairview Avenue ove ~C ...
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.....i ..... ...
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...
April 27, 2001
CUP 99-039
May 1,2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT Touchmark Living Centers ITEM NO. 3-H
REQUEST Findings - CUP for PUD including continuing care retirement
community, single- and multi-family residential and office and retail use for
Touchmark Living Centers - elo st. Luke's btw Franklin Road and Interstate 84
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
. CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See Previous Item Packet - pending D/A
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~ P rrP
oJffA ell ~
-FIr I~/ 0 r&'
( tvl}v I"" '6/ . I tv" f1~
t1 -111 r' /0 ---rv~.r .~
6 / I '7 (t. cV t: tLft
. Lv D ) ,w~rP" Y' fo.t
<fV / f) rUt (Jv
/u
".-
Contacted: Richard Cook
Date:
4/27/01
Phone: 344-9700
Materials presented at public meetings shall become property of the City of Meridian.
April 27, 2000
MERIDIAN CITY COUNCIL MEETING
May 2, 2000
APPLICANT Touchmark Living Centers/ Joseph Billig
CUP 99-039
ITEM NO.
D '
REQUEST Conditional Use Permit for PUD including continuing care retirement
community, single- and multi-family residential and office and retail use
In
~ ~.fr
,. i
1tt
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of M
COMMENTS
See previous Item Pocket
(/0 ()
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, J
..._: of'!'
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 1, 2001, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Tammy de Weerd 0 Ron Anderson
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
2. Adoption of the Agenda: Amend
3. Consent Agenda:
A. Tabled from April 17, 2001: Findings of Facts and Conclusions
of Law for Approval: AZ 01-002 Request for Annexation and
Zoning of 11.764 acres from RT to R-40 and C-G for proposed
Loeust Grove Plaee by B & A Engineers - west side of Locust
Grove Road, south of Fairview Avenue: Approve
B. Tabled from April 17 , 2001: Findings of Facts and Conclusions
of Law for Approval: PP 01-002 Request for Preliminary Plat
approval of 7 building lots and 2 other lots on 11.764 acres in a
proposed R-40 and C-G zone for proposed Loeust Grove Place
by B & A Engineers - west side of Locust Grove Road, south of
Fairview Avenue: Approve
C. Tabled from April 17, 2001: Findings of Faets and Conelusions
of Law for Approval: CUP 01-003 Request for a Conditional Use
Permit for a 180-unit apartment complex and a planned
development in a proposed R-40 and C-G zone for proposed
Locust Grove Place by B & A Engineers - west side of Locust
Grove Road, south of Fairview Avenue: Move to 4-C
D. Findings of Faet and Conclusions of Law: PP 01-004 Request
for Preliminary Plat approval of 11 building lots and 2 other lots on
20.26 acres in an R-8 zone by J-U-B Engineers for proposed
Murdoch Subdivision No.2 - west of Locust Grove Road, south
of Franklin Road: Approve
E. Findings of Fact and Conelusions of Law: VAR 01-004
Request for Variance of the 1,OOO-foot block length for Murdoch
Mertdisn City Council AgOl1da - May 1, 200t
Do-t"I.o. 1: rJ ~
. {
(
, '
Subdivision No.2 by Howell-Murdoch Development Corporation -
west of Locust Grove Road, south of Franklin Road: Approve
F. Beer and Wine License: A New Vintage Wine Shop, Inc., by
Ilene M, Dudunake - 1400 North Eagle Road, Suite 104: Move to
4-F
G. First Addendum to Development Agreement: AZ 00-010 for
Observation Pointe Subdivision:
H. Tabled from February 20, 2001: Findings of Faets and
Conelusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touehmark Living Centers - Joseph A. Billig -
east of S1. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law):
4. (Items moved from Consent Agenda):
C. Tabled from April 17, 2001: Findings of Facts and Conclusions
of Law for Approval: CUP 01-003 Request for a Conditional Use
Permit for a 180-unit apartment complex and a planned
development in a proposed R-40 and C~G zone for proposed
Loeust Grove Place by 8 & A Engineers - west side of Locust
Grove Road, south of Fairview Avenue: Approve
F. Beer and Wine Lieense: A New Vintage Wine Shop, Inc., by
Ilene M. Dudunake -1400 North Eagle Road, Suite 104: Approve
with Police Chief approval
5. Continued Public Hearing from April 3, 2001: PP 01-003 Request for
Preliminary Plat approval of 23 building lots and 3 other lots on 9,24 acres
in an R-4 zone by Hubble Engineering for proposed Ashford Greens No.
6 - Black Cat Road, north of Cherry Lane: Continue to 5-15-01
6. Publie Hearing: CUP 01-008 Request for Conditional Use Permit of 3
residential lots to be developed as subdivision, pool, clubhouse and
recreation area in an R-4 zone for Packard Subdivision by Packard
Estates Development, LLC - north of East Fairview Avenue, west of North
Eagle Road on North Hickory Way: Continue to 5-15-01
7. Publie Hearing: RZ 01-003 Request for rezone from R-4 to C-C for
Partition Speeialties, Inc by Ronald and Coleen Schaub - 1315 North
Meridian Road: Continue to 5-15-01
Meridian City Council Agenda - May 1, 2001
Page 2 of 3
All materials pmsented at public meetings ahall bocomo property of the City of Meridian.
Anyone desiring aocommodation for disabilities related to dcx:uments andlor heal1ngs, please contacllhe City Clel1l's orrlCe at 8884433 at least 48 hours prior 10
the public meeting.
, I
8. Public Hearing: AZ 01-004 Request for annexation and zoning of 16
acres from RT to R~15 for proposed Fountain Park by David Waldron -
southeast corner of Locust Grove and Wilson Lane: Attorney to Prepare
Findings of Facts and Conelusions of Law
9. Publie Hearing: CUP 01-007 Request for Conditional Use Permit for
planned development, proposed Fountain Park on 16 acres for
apartments within a proposed R-15 zone by David Waldron - southeast
corner of Locust Grove and Wilson Lane: Attorney to Prepare Findings
of Facts and Conclusions of Law
10. Public Hearing: RZ 01~002 Request for Rezone of 0.51 acres from R-4
to L-Q for Idaho Banking Company by Idaho Banking Company - 403
West Cherry Lane: Attorney to Prepare Findings of Facts and
Conclusions of Law
11. CUP 01-004 Request for Conditional Use Permit for Eagle Concrete
Pumping in a flood plain overlay district in an I-L zone by Eagle Concrete
Pumping - north of King, east of 5th Avenue, and west of Baltic Place:
Attorney to Prepare Findings of Facts and Conclusions of Law
12. CUP 01-009 Request for Conditional Use Permit for planned
development to include office, retail and industrial for proposed Treasure
Valley Teehnical Center by Meridian Freeway Associates and DBSI
Industrial Limited Partnership - % mile east of Under Road, north side of
Overland Road: Attorney to Prepare Findings of Faets and
Conclusions of Law
13. CUP 01-005 Request for Conditional Use Permit for gasoline facility
consisting of a 3.612 square~foot canopy over 5 multiwproduct dispensers,
cashier's kiosk and parking lot improvements in a CwG zone for Fred
Meyer Gasoline Faeility by Dakota Company, Inc. - 1850 East Fairview
Avenue: Tabled to 5..15-01
14. Request for City Water Service for Valley Life Community Chureh and
Westborough Subdivision at North Locust Grove Road and Chinden
Boulevard by Jim Jewett: Deny Request
15. License Agreement with Nampa Meridian Irrigation District for the Davis
Drain: Approve
MeMdian City Council Agenda - May 1, 2001
1 r
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 1, 2001, at 6:30 p.m.
City Council Chambers
1.
RolI~eall Attendance:
----X- Tammy de Weerd ~ Ron Anderson
-X- Cherie ~candless ---:&- Keith Bird
Mayor Robert Corrie
Adoption of the Agenda: a~cf.-.
Consent Agenda:
A. Tabled from April 17, 2001: Findings of Facts and Conelusions
of Law for Approval: AZ 01~002 Request for Annexation and
Zoning of 11.764 acres from RT to R-40 and C-G for proposed
Loeust Grove Place by B & A Engineers - west side of Locust
Grove Road, south of Fairview Avenue: ttfJ?rpv-€-
B. Tabled from April 17, 2001: Findings of Faets and Conclusions
of Law for Approval: PP 01-002 Request for Preliminary Plat
approval of 7 building lots and 2 other lots on 11.764 acres in a
proposed R-40 and C-G zone for proposed Loeust Grove Place
by B & A Engineers - west side of Locust Grove Road, south of
Fairview Avenue: tl-?JfJY'ov.fL-
C. Tabled from April 17, 2001: Findings of Facts and Conclusions
of Law for Approval: CUP 01-003 Request for a Conditional Use
Permit for a 180-unit apartment complex and a planned
development in a proposed R-40 and C-G zone for proposed
Loeust Grove Plaee by B & A Engineers - west side of Locust
Grove Road, south of Fairview Aveoue: /'V1A)ve f,o 4-(!..,
/[.~fJr()ve. ~ ~ cUoL ~/t: fcl..f
D. Findings of Faet and Conclusions of Law: PP 01-004 Request
for Preliminary Plat approval of 11 building lots and 2 other lots on
20.26 acres in an R-8 zone by J-U-B Engineers for proposed
Murdoeh Subdivision No.2 - west of Locust Grove Road, south
of Franklin Road: IA-fP't9v.e....
E. Findings of Fact and Conelusions of Law: VAR 01-004
Request for Variance of the 1,OOO-foot block length for Murdoeh
2.
3.
Meridian City Council Agenda - May 1, 2001
Page 1 of 3
All materials prtosenled at public meetings shall become property of the City of Melidlan.
Anyone desiring acc:ommoclation for disabilities related to documents and/or hearings, please conlacf Iha City Clark's Office at 888-4433 at leasl48 hours prior 10
the public meeting.
I I
4.
Subdivision NO.2 by Howell-Murdoch Development Corporation -
west of Locust Grove Road, south of Franklin Road: a/yo rovJ?-
F. Beer and Wine License: A New Vintage Wine Shop, Inc., by
Ilene M. Dudunake -1400 North Eagle Road, Suite 104: 1~f/1e -to 4.--F
It/prove wilN CAle/&PjJo!/O-/ "?Prow....
G. First Addendum to Development Agreement: AZ 00-010 for
Observation Pointe Subdivision: at fro v-e...
H. Tabled from February 20, 2001: Findings of Faets and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by T ouehmark Living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law): Inov.e fo ~f-tI
t&tJJroV'.( j.J/Las/hg Illtl-h ~J-U ;:/.f.l e It 7".9 5-ls-O(
(Items moved from Consent Agenda): wi /) I J9- 1/ {)rdl~c.v
{'rTYl---fiVi tUtd. P / ;I
Tabled from April 3, 2001: PP 01-003 Request for Preliminary Plat
approval of 23 building lots and 3 other lots on 9.24 acres in an R-4 zone
by Hubble Engineering for proposed Ashford Greens No.6 - Black Cat
Road, north of Cherry L~~e:, ..- L I
c 6'71 I-lit u.e f? flit.--- f7:? !? -I v -{}
Public Hearing: CUP 01~008 Request for Conditional Use Permit of 3
residential lots to be developed as subdivision, pool, clubhouse and
recreation area in an R-4 zone for Paekard Subdivision by Packard
Estates Development, LLC - north of East Fairview Avenue, west of North
Eagle Road on North Hickory Way:
C~-hhtA.L }JIlL h ~-{~-ol
Public Hearing: RZ 01~003 Request for rezone from R-4 to C-C for
Partition Specialties, Ine by Ronald and Coleen Schaub - 1315 North
Meridian Road: II z::: c:- I
c o-n... -(7 ^(,.,<,( jJ I fL -/-0 V' -l ::7 - tJ
Publie Hearing: AZ 01-004 Request for annexation and zoning of 16
acres from RT to R-15 for proposed Fountain Park by David Waldron -
southeast corner of Locust Grove and Wilson Lane:
tl~j .p ~P(v'-f /I-F f cl..f
Publie Hearing: CUP 01-007 Request for Conditional Use Permit for
planned development, proposed Fountain Park on 16 acres for
apartments within a proposed R-15 zone by David Waldron - southeast
corner of Locust Grove and Wilson Lane
affrvne:J -1-0 jhR-jJ~ -;/ + :( f /--f
5.
6.
7.
8.
9.
Melidian City Council Agenda - May 1, 2001
Page 2 of 3
All matelials presented at public mee~ngs shall become property of the City of Melidian.
Anyone desiring accommodaUon for disabilities relallld to documents and/or healings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior 10
the public mee~ng.
. t
10.
11.
12.
13.
14.
15.
Publie Hearing: RZ 01-002 Request for Rezone of 0.51 acres from R-4
to L-O for Idaho Banking Company by Idaho Banking Company - 403
wes1J~; -Ie- ~p~ -f/-r f el--t
CUP 01-004 Request for Conditional Use Permit for Eagle Concrete
Pumping in a flood plain overlay district in an I-L zone by Eagle Concrete
Pumping - north of King, east of 5th Avenu~, and west of Baltic Place:
d~ j..o ~j?dAl --f!.f I el..e
CUP 01-009 Requesf for Conditional Use Permit for planned
development to include office, retail and industrial for proposed Treasure
Valley Teehnical Center by Meridian Freeway Associates and DBSI
Industrial Limited Partnership - % mile east of Linder Road, north side of
Overland ,Road:. /'I/' /
a -rf"trvn.e'1 .;0 jJ~CV\.f -rl r I e /~
CUP 01-005 Request for Conditional Use Permit for gasoline facility
consisting of a 3,612 square-foot canopy over 5 multi-product dispensers,
cashier's kiosk and parking lot improvements in a C-G zone for Fred
Meyer Gasoline Faeility by Dakota Company, Inc. - 1850 East Fairview
Avenue: ~bee~? 5~/S:~o(
Request for City Water Service for Valley Life Community Chureh and
Westborough Subdivision at North Locust Grove Road and Chinden
Boulevard by Jim Jewett:
L. Adel1!f re1,~th fNI- M 'd' I' t' D' t' t f th D .
Icense greement WI ampa en Ian rr1ga Ion IS nc or e aVls
Drain: a;;r-tI v..Q.....-
Melidian City Council Agenda - May 1, 2001
Page 3 of 3
All matenals presented at public meetings shall become property of the City of Maridian.
Anyone deslling accommoda~on for disabilitias related to dOClJments and/or healings, please contact the City Clerl<'s Office at BBB-M33 at least 4B hours prior to
the public meeting.
, 1
Meridian City Council Meeting
Mav 1 , 2001
The regularly scheduled meeting of the Meridian City Council was called to order
at 6:40 PM on Tuesday, May I, 2001, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Cherie McCandless, Tammy De Weerd,
Keith Bird.
Members Absent: Ron Anderson.
Others present: Gary Smith, Bill Nichols, Shari Stiles, Ken Bowers, Bill Gordon,
Will Berg.
Corrie: I'll open the City Council regular meeting for May 1, 2001 at 6:40 and roll
call please Mr. Clerk.
Item 1.
Roll-call Attendanee:
X Tammy de Weerd 0
X Cherie McCandless X
X Mayor Robert Corrie
Ron Anderson
Keith Bird
Item 2.
Adoption of the Agenda:
Corrie: Council, adoption of the agenda is the NO.2 item. Any questions on the
agenda?
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: On the consent agenda, I would with your permission like to move F the
beer and wine license to 4F so that some questions can be asked. Also on item
H the Findings of Facts and Conclusions of Law for Touchmark Living Centers I'd
like to move to 4H so that some questions can be answered on that if you agree.
Corrie: Staff, comments on the agenda?
Stiles: Could you move item C to the regular agenda?
Corrie: Item C to the regular agenda?
(inaudible discussion amongst Council Members)
Corrie: Okay. So that would be 4C.
, I
Meridian City Council Meeting
May 1,2001
Page 2
(inaudible discussion amongst Council members)
Bird: Mr. Mayor
Corrie: Mr. Bird
Bird: We also had a request for item NO.5 on the regular agenda, request a
deferral to the next available council meeting. Do you want to take care of that
now or when the item comes up?
"Corrie: When the item comes up.
Bird: Okay.
Corrie: Any other changes? Okay. Then I'll entertain a motion for the adoption
of the amended agenda of item C, F, and H will move to move to items 4F, 4H
and 4C.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd:
De Weerd: I move we adopt the agenda as amended to reflect that C, F and
H from the consent agenda to be put to the regular agenda as 4C, 4F, and 4H.
Bird: Second.
Corrie: Motion's made and second to approve the adopted and adopt the
amended agenda. Any further discussion? Hearing none, roll call vote Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3.
Consent Agenda:
A.
Tabled from April 17, 2001: Findings of Facts and Conclusions
of Law for Approval: AZ 01-002 Request for Annexation and
Zoning of 11.764 acres from RT to R-40 and C-G for proposed
Loeust Grove Place by B & A Engineers - west side of Locust
Grove Road, south of Fairview Avenue:
B.
Tabled from April17J 2001: Findings of Faets and Conclusions
of Law for Approval: PP 01-002 Request for Preliminary Plat
approval of 7 building lots and 2 other lots on 11.764 acres in a
proposed R-40 and C-G zone for proposed Locust Grove Place
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Meridian City Council Meeting
May 1,2001
Page 3
by B & A Engineers - west side of Locust Grove Road, south of
Fairview Avenue
C. Tabled from April 17, 2001: Findings of Faets and Conelusions
of Law for Approval: CUP 01-003 Request for a Conditional Use
Permit for a 180~unit apartment complex and a planned
development in a proposed R-40 and C-G zone for proposed
Locust Grove Place by B & A Engineers - west side of Locust
Grove Road, south of Fairview Avenue:
D. Findings of Fact and Conelusions of Law: PP 01-004 Request
for Preliminary Plat approval of 11 building lots and 2 other lots on
20.26 acres in an R-8 zone by J-U-B Engineers for proposed
Murdoch Subdivision No.2 - west of Locust Grove Road, south
of Franklin Road
E. Findings of Faet and Conclusions of Law: VAR 01-004
Request for Variance of the 1,000-foot block length for Murdoch
Subdivision No.2 by Howell-Murdoch Development Corporation -
west of Locust Grove Road, south of Franklin Road
F. Beer and Wine Lieense: A New Vintage Wine Shop, Ine., by
Ilene M, Dudunake - 1400 North Eagle Road, Suite 104:
G. First Addendum to Development Agreement: AZ 00-010 for
Observation Pointe Subdivision:
H. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touehmark living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law):
Corrie: Okay. The consent agenda. I'll entertain a motion on the new amended
consent agenda.
Bird: Mr. Mayor
Corrie: Mr. Bird
Bird: I move we approve the consent agenda with the exception of C, F, and H,
which has been moved to the regular agenda.
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Meridian City Council Meeting
May 1,2001
Page 4
De Weerd: Second.
Corrie: Motion's been made and second. Any further discussion? Roll call vote
Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4.
(Items moved from Consent Agenda);
C. Tabled from April 17, 2001: Findings of Facts and Conelusions of
Law for Approval: CUP 01-003 Request for a Conditional Use Permit
for a 180-unit apartment complex and a planned development in a
proposed R-40 and C-G zone for proposed Locust Grove Plaee by B & A
Engineers - west side of Locust Grove Road, south of Fairview Avenue:
Corrie: Okay. Item No.4. We'll take up 4C first which is the table from the
Apri117,2001 Findings of Facts and Conclusions of Law for approval request for
conditional use permit for the 180 apartment complex and planned development
in the proposed R4 and C-G zone for proposed Locust Grove Place by B & A
Engineers west side of Locust Grove Road and south of Fairview Avenue.
Corrie: Staff discussion.
Stiles: Mr. Mayor and Members of Council the applicant's representative had
submitted position statements on this item. I believe we resolved most of the
issues except for 2. We just needed a little clarification on those. On page 17 of
the Findings of Facts and Conclusions of Law item 1.17 just for clarification
wanted to add between the and parking at boat and RV. The applicant would
love to have all of the parking requirements waived but it was just the boat and
RV parking and storage requirements. Then on page 19, under item 1.27 the
Meridian fire Department had requested a second access for ingress and
egress. The applicant has met with Kenny Bowers Fire Chief and Kenny has
agreed to allow a 40-foot driveway access to Locust Grove Road in lue of a
second access.
Bird: (inaudible) to 40-foot road. Is that off of Locust Grove Shari?
Stiles: On north Locust Grove Road.
Bird: Off of - on to-
Stiles: The main entrance to the whole development. Kenny said if they'd make
that 40 feet wide then he would accept that in lue of the second access,
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Meridian City Council Meeting
May 1 ,2001
Page 5
Bird: So that first sentence can actually basically be eliminated then?
Stiles: Either eliminate it and add provide a 40-foot driveway access to Locust
Grove Road. That's alii had.
Corrie: Okay. Council, any other questions?
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd:
De Weerd: Shari do you have a page 18 on that?
Bird: Page what?
De Weerd: 18
Stiles: Yes I do.
De Weerd: It looks okay.
(inaudible discussion amongst Council members)
De Weerd: I don't have a page 18.
Bird: You ripped it out.
Corrie: Okay. Any other questions? Okay. Hearing none, I'll entertain a motion
on the CUP 01-003 item C on the consent agenda.
Bird: Mr. Mayor
Corrie: Mr. Bird
Bird: I move that we approve the conditional use permit for 180 unit apartment
complex and a planned development for proposed R40 C- G zones proposed
Locust Grove Place west side Locust Grove and south of Fairview avenue with
the change in wording on the Findings on page 17 1.17. Between the and
parking insert boat and RV. On page 19, on 1.27 delete the sentence the
subdivision shall need a second access for ingress and egress and install
provide 40 foot access to Locust Grove Road and for the Attorney to draw up
Findings of Facts and Conclusions of Law Decision of Order.
De Weerd: Second.
Meridian City Council Meeting
May 1 ,2001
Page 6
Corrie: Okay. Motion's been made and second to approve the Findings of Facts
and Conclusions of Law as amended on the two items and have the Attorney
draw up a new Findings of Facts and Conclusions of Law to reflect the change in
the Findings of Facts, the old one. Any further discussion? Pardon, Shari?
Stiles: You're still on C? Can't we adopt these findings as they are and then
you'll do the ordinance and development agreement?
Bird: You're right. I said the wrong one.
., Corrie: I'm just getting what you wanted to do. So it's amending those findings
and facts and approve with the amendments?
Bird: Yes sir.
Corrie: Okay. Any other discussion. Hearing the motion, roll call vote Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
Corrie: The Findings of Facts and Conclusions of Law has been approved with
the changes made by the motion.
F. Beer and Wine License: A New Vintage Wine Shop, Inc., by Ilene M.
Dudunake - 1400 North Eagle Road, Suite 104:
Corrie: Item No. 4F which is a beer and wine license A New Vintage Wine Shop
Inc by Ilene M. - is she here tonight? If she's not, if I'll say it I'll mess it all up. I
don't want to have her shoot me tomorrow. Anyway item No. F for a beer and
wine license. Chief we pulled that off for request from your department.
Gordon: Yes sir. Mr. Mayor, Council. I have not seen this application. The
applicant filed with us on the 24th of April. I have not had a chance to review or do
a background investigation. I think what it is is a break down in communications
on our side not on the applicant. I would like the council - the applicant already
has her state license and her county license. I would like the Council to once
again allow me to do the background check and then approve it tomorrow if
everything's okay and get it back to the City Clerk.
Corrie: Okay.
Gordon: I'd hate to see the applicant have to pay for what I think is our problem.
Corrie: Good point. Council?
Bird: I agree with him because the state does a very thorough background check.
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Meridian City Council Meeting
May 1,2001
Page?
Gordon: I've never had one fail my test after going through the state and the
county but I'd hate to skip one and have -
Bird: I agree with you. That's right.
De Weerd: Mr. Mayor
Corrie: Mrs, De Weerd:
De Weerd: I move that we approve the beer and wine license for A New
"Vintage Wine Shop upon successful sign off of the Chief of Police and for the
Mayor to sign and the clerk to attest.
Bird: Second.
Corrie: Okay. Motion's been made and second to approve the beer and wine
license after the Chief has had a chance to investigate it and with his approval
we would have the Mayor and the city attorney attest and sign off on the beer
and wine license for the City of Meridian. Any further discussion? Hearing none,
Roll call vote please, Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
H. Tabled from February 20, 2001: Findings of Faets and Conclusions
of law: CUP 99-039 Request for Conditional Use Permit for planned unit
development including continuing care retirement community, single- and
multi-family residential and office and retail use by Touehmark living
Centers - Joseph A. Billig - east of St. Luke's between Franklin Road
and Interstate 84 (need to approve Development Agreement and
annexation ordinance before approving CUP Findings of Facts and
Conclusions of Law):
Corrie: Item No. 4H is tabled from the February 20, 2001. This is the Findings of
Facts and Conclusions of Law CUP 99-039 and it's a request for a conditional
use permit for a planned unit development including continued care retirement
community single and multi family residential and office use by Touchmark Living
Centers. Since it was pulled off the consent agenda, we will hear it at this point. I
believe Gary and the attorney has some things on this one. Gary would you like
to tell us what yours are?
Smith: Thank you Mr. Mayor, Council members. We received a revised phasing
plan on I think it was last Friday morning for the construction of this project into
five phases. Since that time, I wasn't able to break away yesterday to meet with
the applicant. We had finally this afternoon late we had an extended phone
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Meridian City Council Meeting
May 1,2001
Page 8
conversation between engineer Dean Briggs and Touchmark's representative
Don I can't remember Don's last name, sorry. I'm not sure I could pronounce it
anyway. I guess we have some items of agreement as far as what's going to be
completed or excuse me, what's going to be completed prior to issue of building
permits and what's going to be completed prior to occupancy permit issuance,
Dean Briggs has prepared some colored drawings that shows on phase 1 what's
going to be required for building permit and what's going to be required for
occupancy permit and also what would be required as completion of phase 1, We
have always had and I don't know whether it would be appropriate at this point
for Dean to, do you have copies of that Dean for everyone? Dean has some
":copies of that phasing plan or at least phase 1 if it be appropriate to distribute
that to you at this point.
Nichols: Mr. Mayor. Mr. Smith, it's my understanding you've got some definition
issues. Have you got those resolved in the last 5 10 minutes or do those still
need to be resolved before they come to the Council actually approve this
phasing plan?
Smith: I think that Don has agreed with my suggestion that the item that's listed
in the phasing plan and defined as letter P which states it's needing bonding to
Meridian or other agencies to permit occupancy needs to be replaced with the
designation of R which is defined as required to be bonded prior to receipt of
building permits and completed prior to occupancy,
Nichols: That would be all of the items that are noted with a P in the phasing plan
then Gary?
Smith: As best as we could tell in the short meeting we had in the foyer.
Nichols: Mr. Mayor
Corrie: Mr. Nichols
Nichols: Touchmark's representatives have been trying to get this phasing plan
honed down to a point that's acceptable to our staff and we can hear from their
representatives. If the phasing plan with that amendment is acceptable to them
then you can approve the phasing plan. We'll get it back to you in two weeks in a
written form with all the Ps changed to Rs, Then in two weeks we can have the
annexation ordinance. Mr. Bradbury representing the applicant has in hand the
signed development agreement addendum with regard to the 20 acres that St
Luke's purchased from Touchmark so that he can deliver that to the clerk. That
was a piece of the puzzle that was missing when we met two weeks ago. That's
now been completed. We're really close. All we were after was this little phasing
plan fine tuning here so if that's going to be acceptable to Gary and Shari with
that change and it's acceptable to the applicant then I would recommend that you
approve it. Then we'd actually have one on the consent agenda next regular
Meridian City Council Meeting
May 1,2001
Page 9
meeting in two weeks. On the 15th we have the annexation ordinance on that
same agenda and then we can proceed.
Smith: Mr. Mayor, Council. One other thing I might add, I discussed with the
applicant and his engineer this afternoon on the phone that this project in terms
of issuance of building permits and issuance of occupancy permits is being
treated exactly the same as we treat other projects whether it's a commercial
project, or a recorded subdivision plat, residential plat. Wherein we request very
minimum light safety issue things for the issuance of a building permit. The
installation of the water for active fire hydrants for fire protection. The installation
'..of the sewer lines which goes along with the installation of the water. The
installation of a roadway bed, a gravel bed that'll support a fire truck during all
weather. Those 3 things are typical for our requirements for issuance of building
permits for any project. At the other end of that when the project is being
completed and the applicant is asking for occupancy permits. Then we require
that the entire project be complete, subject to instances where weather would not
permit landscaping to be completed for example. Then a bond could be accepted
from the applicant for that and a temporary occupancy could be issued for
whatever period of time it takes to get weather in compliance with landscaping as
an example. Typically that's all that's required or asked to be bonded in order to
get an occupancy permit.
Corrie: Mr. Bradbury, I guess one of the questions is-
Bradbury: Thank you Mr. Mayor. Yeah. Steve Bradbury representing the
applicant. Touchmark is perfectly happy with the proposed revisions. What I've
got, I've got these signed St. Luke's addendums I'll give to the clerk. I've also got
a signed development agreement with Touchmark's signature but it's a facsimile
signature. I also have the addendum that was delivered earlier today but the one
that we need to revise with the facsimile signature on it. Rather than deliver
those, I think I'll just hold on to them, get the original signatures to you next week
with the revised addendum. Then jf the Council will as Mr. Nichols has proposed
include on the agenda for 2 weeks from now the findings, the development
agreements and the annexation ordinance then we can finally get this thing out of
your hair and ours maybe, after how many months has it been?
(inaudible discussion amongst Council members)
Bird: How many years?
Bradbury: Believe me, we're just as anxious as you guys are to get this one off
there. With that in mind I think we can be ready to go.
Corrie: Okay. Thank you. Any questions from the council?
Bird: I have none Mayor.
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Meridian City Council Meeting
May 1,2001
Page 10
(inaudible discussion amongst Council members)
Bird: Mr. Mayor
Corrie: Go ahead Mr. Bird.
Bird: Gary did you say that Dean had some phasing for us in color?
Smith: Yes. They're colored drawings, 11 by 17 and they're very explanatory as
. ., far as what's going to be completed under phase1. It may be a benefit for you to
have those to look at.
Corrie: Yeah because we can approve that phasing today if it's all in agreement
with you and then we'll get the other the 15th.
(inaudible discussion amongst Council members)
Corrie: Any questions from Council on this one? I'll entertain a motion.
Bird: Mr. Mayor
Corrie: Mr. Bird
Bird: I move that we table the Findings of Facts and Conclusions of Law until
May 15, 2001 and approve the phasing program as worked out by Mr. Gary
Smith and approve that and bring everything back and put it on the consent
agenda for May 15, 2001.
McCandless: Second.
Corrie: Okay. Motion's made and second to table the Findings of Facts and
Conclusions of Law until the 15th of this month and approve the phasing proposal
and include it in the consent agenda on the 15th. Any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Thank you.
Item 5.
Continued Publie Hearing from April 3, 2001: PP 01-003
Request for Preliminary Plat approval of 23 building lots and 3 other
lots on 9.24 acres in an R-4 zone by Hubble Engineering for
proposed Ashford Greens No. 6 - Black Cat Road, north of
Cherry Lane:
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Meridian City Council Meeting
May 1,2001
Page 11
Corrie: NO.5 has been requested by the developer to table the request for
preliminary plat for Ashford Green NO.6. At this point I will entertain a motion to
table that until May the 15th of this month.
Stiles: Mr. Mayor
Bird: Mr. Mayor, Shari.
Corrie: I'm sorry, Shari.
-, Stiles: I believe this one has never come before a Public Hearing so I think it
was to be continued. I don't believe anybody on the Council has actually heard
their presentation yet unless I'm mistaken on that. So, it would be a continued
Public Hearing.
Bird: No.
Corrie: Let me change books here -
Bird: I don't think it was.
Corrie: Mr. Clerk?
Berg: Mr. Mayor members of Council. It should be a continued Public Hearing.
Bird: Thafs what I thought. Okay.
Stiles: Thanks.
Berg: I'm sorry. Sometimes the wording in the motions may falter but it is a
continued Public Hearing.
Bird: Are you saying we're wrong once in a while? Just 90 percent of the time.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd:
De Weerd: I move that we continue request for Preliminary Plat for Ashford
Greens NO.6 to May 15th.
Bird: Which year?
De Weerd: That's 2001.
Bird: Second.
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Meridian City Council Meeting
May 1 ,2001
Page 12
Corrie: It's been made and second to table the continued item NO.5 until the 15th
of this month a t the Council meeting. Any further discussions? All those in
favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 6.
Publie Hearing: CUP 01-008 Request for Conditional Use Permit
of 3 residential lots to be developed as subdivision, pool, clubhouse
and recreation area in an R-4 zone for Paekard Subdivision by
Packard Estates Development, LLC - north of East Fairview
Avenue, west of North Eagle Road on North Hickory Way:
Corrie: Item NO.6 is a Public Hearing request for a conditional use permit of 3
residential lots to be developed as subdivision pool, clubhouse and recreation
area in an R4 zone for Packard subdivision by Packard Estates Development
LLC. At this point I will open up the Public Hearing on the conditional use permit
request 01-008 and invite staffs comments first please.
Stiles: Mr. Mayor and Council. This is a request for a subdivision pool
clubhouse and recreation area on 3 buildable lots in Packard Estates Subdivision
to be used as a recreation facility. There were 2 items that were brought up in the
staff comments, They would specifically like you to review. One of those is the
parking that is shown. They have shown 10, it says 8 parking spaces. In this area
is where they would have their parking. There is nothing in our ordinance that
requires any set amount of parking for a facility such as this. We were a little
concerned that the on street parking might be filled up if they had a party of any
size at this location. There's also the issue of the trash. Where they would be
keeping the trash, where they would have it collected, as there's no trash
enclosures shown and the applicant may address that. Of course they will need
to abide by the noise ordinance if there's problems with noise I'm sure that Chief
Gordon or some of his staff will receive a call because they don't have any hours
of operation for the facility. Also I'm not sure where the existing lot lines are in
this development. However if they were proposing any buildings over existing lot
lines they would need to vacate those easements within the subdivision. Staff
would recommend approval of the application with all staff and agency
conditions.
Corrie: Does Council have any questions at this time of staff?
...
Bird: Mr. Mayor
Corrie: Mr. Bird
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Meridian City Council Meeting
May 1,2001
Page 13
Bird: Shari on your site-specific requirements under parking. There's an error
here. Site plan displays 8 parking spaces then its (inaudible) 10 standard stalls
and one handicap accessible. Is that 7 and 1?
Stiles: I don't know if some of the trees are obscuring some of their parking
spaces. I think it is -
Bird: Ten and one adds up to 11. The site's only showing 8.
Stiles: I believe it's only 8 total and one of those is a handicap stall.
Bird: So it would be 7 standard?
Stiles: Yes.
Bird: Okay. Thanks Shari.
De Weerd: Mr. Mayor
Corrie: Mrs, De Weerd:
De Weerd: Shari I think on item No. 12 with the trash, did that get clarified at
Planning and Zoning Commission meetings?
Stiles: I don't know. I don't have the minutes from the meeting and I don't have
any recommendation from Planning and Zoning on this.
De Weerd: Okay. Well, I can ask the applicant. Hours of operation, it's stated in
the findings that that's determined by the Homeowners Association so that was a
staff recommendation as well. On item No, 14 I don't know whether to ask Sharj
or our attorney but it mentions a fuel kiosk on there. I didn't think that was
compatible with a rec center.
Stiles: On the recommendations? It talked about a fuel kiosk? Not staff
recommendations -
(inaudible discussion amongst Council members)
Stiles: The recommendation from the Planning and Zoning Commission is that
where it says fuel kiosk?
Bird: Something about the water.
De Weerd: Well, he got it out of the staff recommendations. Staff
recommendations page 3 item NO.9. It was just carried over to the
recommendation by Planning and Zoning. I don't know if it's an issue of wording
Meridian City Council Meeting
May 1,2001
Page 14
or if you do still that certificate of occupancy in there. Does that need to be in
there? I know the fuel kiosk doesn't need to be but does the certificate of
occupancy?
(inaudible discussion amongst Council members)
De Weerd: It needs to be in there. They just need to take the fuel kiosk out. That
wouldn't be compatible.
Stiles: What item is it?
De Weerd: In the recommendations from P&Z it's item 14 on page 4.
Stiles: Yeah. I would definitely say you need to remove the fuel kiosk part of it. I
apologize if that's in our staff report.
(inaudible discussion amongst Council members)
Corrie: Any other?
(inaudible discussion amongst Council members)
Corrie: Okay. The developer here this evening? I hope he is.
(inaudible discussion amongst Council members)
Corrie: The developer's not here tonight so whatever we decide he's going to
have to do? Okay. Since the developer isn't here, we have a sign up sheet.
Being a Public Hearing for the CUP No. 008 Packard Subdivision. I have 2,
Helen Sharpe and Dale Sharpe. So, Helen Sharpe?
H, Sharpe: Do I need to be sworn in?
Corrie: Well, we're going to do that maybe next time but you're all right now.
Sharpe: Oh, okay. Mayor, Council Members. We are quite concerned about my
husband and I because we are residents of Windgate lane. We want to know if
this clubhouse or this development that they're proposing is going to be just for
the Packard Subdivision on the east side or if they propose to let the people on
the west side once it's developed, participate in that too? If so, how do they
propose they get form the west side of Windgate lane over to the east side of
Windgate. Here we go with that part being public again. For those of you that
have listened to this for many years know that things are never done in it's
entirety. We do it piecemeal. I'm wondering why this was not included when they
put in their original plans. Like everything else since we're still having problems
on Windgate Lane with the subdivision I'd like to know if they're going to have
Meridian City Council Meeting
May 1 ,2001
Page 15
everything done when they start this project if it's passed so that we don't have to
have all of these gatherings and meetings and driving everybody pretty wild shall
we say for lack of a better description. I think that they need to determine right
away what they're going to do because they do have the pedestrian gates on that
fence that goes down Windgate Lane north south. We've been told they weren't
to be there but here again we're battling with ACH. Those gates we were told are
to be locked by the developers and of course they are not. These are these
private things we need to talk about because we're still talking about crossing a
private lane which is Windgate Lane and of course the term being whether or not
it's an easement or whether or not it's a private lane, it's still private property. I'm
.. hoping that if they do pass this that everything is done so that they don't have to
keep bringing up other problems. I don't know have they decided or has there
been any talk as to whether or not they're going to let both parts of that
subdivision use the facilities? Of course the developer isn't here so how do we
know?
Corrie: The developer isn't here so we're not going to be able to get that
answer from him I guess tonight.
Bird: The application don't mention anything about it.
Corrie: The application doesn't.
Sharpe: I think that's something I might want to think about when they do some
thinking about granting that project. I don't know if they could be able to continue
this as a Public Hearing since the developer isn't here. I definitely think it's a
question that needs to be answered for those of us of course that are on
Windgate Lane.
Corrie: I have no objection to that.
H. Sharpe: Okay. Thank you.
Corrie: Okay. Thank you.
Sharpe: I'm Dale Sharpe. I did have a question on the lighting and the hours of
operation that I thought should be addressed so the new residents wouldn't be
unduly impacted by the bright lights and loud noise late at night and so forth. Also
I'd like to remind everyone here especially the City Council and so forth, the
representative speaking on behalf of Packard Development have testified
numerous times that Windgate Lane would not be used by the Packard
development. That's in the minutes duly noted,
Corrie: Thank you. Shari, did the developer or representative for Packard say
anything about not being here tonight?
Meridian City Council Meeting
May 1,2001
Page 16
Stiles: No.
Corrie: At the Public Hearing or some of their representative is here to answer
the questions the public might have. Under the circumstances, my personal
feeling is that we should continue the Public Hearing on this because we need
some answers. Council, comments?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I also agree with you. I've got some concerns on the safety of the thing in
the off hours and stuff. How will it be secure and what's to keep the pool from
being used in the middle of the night and all that kind of stuff, I would, without the
developer being here, like to continue the Public Hearing until May 15th because
I've got some questions I'd like to ask him.
Corrie: Okay. Any other comments from Council? Then I'll entertain a motion to
that effect Mr. Bird.
McCandless: Mr. Mayor
Corrie: Mrs. McCandless
McCandless: I move that we continue the Public Hearing for the Packard
Subdivision until May 15th.
De Weerd: Second.
Corrie: The motion's been made and seconded to continue the Public Hearing
on this request for a conditional use permit until April the 15th of this year to
answer some questions and have the developer here. Any further discussion?
De Weerd: No.
Corrie: Was there anybody else here that wanted to ask any questions on this
Public Hearing. You'll have a chance the 15th to do it as well but I kind of don't
want to tell you I was cutting you off short here. You get that other public
testimony. Okay. All right, no other discussion all those in favor of the motion say
aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: This will be continued to Public Hearing until the 15th of this month.
Meridian City Council Meeting
May 1,2001
Page 17
Item 7.
Public Hearing: RZ 01-003 Request for rezone from R-4 to C-C
for Partition Specialties, Inc by Ronald and Coleen Schaub -
1315 North Meridian Road:
Corrie: Item NO.7 is a Public Hearing request for a rezone from R- 4to a C-C
for Partition Specialties Inc. by Ronald and Colleen Schaub. I didn't mess that
one up either, 1335 north Meridian Road. At this time I'll open the Public Hearing
and have staff comments first on the requested rezone.
Stiles: Mr. Mayor and Members of Council. This request was for rezone to C-C.
The recommendation of the Planning and Zoning Commission was that the C- C
not be allowed but that the property be rezoned to L-O. The applicant had stated
that the purpose of the rezone was to allow them to operate an office for an
architectural products business. Says the existing site, showing that lot from the
alley. They will be required to pave the alley and to pave parking spaces behind
the existing residence in order to accommodate their off street parking
requirements. A site plan was not provided with the application that I have on this
Power Point. I don't believe that they did provide one. We would recommend the
approval to rezone to L-O with all staff and agency requirements.
Corrie: Okay. Council, any questions of staff?
Bird: I have none.
Corrie: Does the request for the rezone here this evening? Okay, is there any
one here from the public like to issue testimony on this request? Yes, whichever
ones come up first. The others will have a chance as well. It sounds like you're
going to have the opportunity to do it again the 15th.
Peters: Mr. Mayor, City Council. I'm Gene Peters. I live right next door on the
north side. My main concern is to have you folks aware that the city sewer runs
directly under that alley right there and we feel that the alley should be entirely
paved from Cherry to Maple because they're already in there using that with
trailers, with trucks, the whole nine yards. I understand Shari to say earlier I think,
correct me if I'm wrong that this was going to be just an office. There is things
being built in there as well as there's more than just a few office people. There's
trucks coming and going all the time. Now the Ada County Highway owns that
alley and part of it is wider than other parts. It's kind of hard to tell on this picture
but some of the fence comes in. The alley has been a concern of mine ever
since, well I've been there 11 years, my wife and I. I try to keep it up the best I
can. I have graveled it in some spots where I was concerned with where I would
get in and out. I think that because of the use, it doesn't sound perhaps like the
place is going to be used all that much to you but it does to me. I think it's going
to be used pretty extensively in travel. They come in from the north as well as
from the south. In the very near future there's this property right here that's off
the picture right here on my left. They are going to be meeting with you folks in 2
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Meridian City Council Meeting
May 1,2001
Page 18
days on the 3m for a proposal for that place. He's already told me his last week
he's willing to do part of that alley at the same time because they want parking
back there also. So, however you can work that out with Mr. Schaub and I think
he already showed me some things being I'm his neighbor that you folks
requested and some of it was widening the front driveway and all that. I don't
really think I have very many other concerns but the alley is definitely a concern
of mine. I'd like to see the whole thing paved and I don't how that'll work with the
fences being, part of that alley's 12 feet, part of it's 15 looks like to me you're
going to need drainage and there's going to have to be some storm drains. I
don't how that works with the sewer line running under there. I appreciate it.
Corrie: Thank you.
De Weerd: Mr. Peters.
Peters: Yes. You had a question, sorry.
De Weerd: On the traffic that's being generated back in the alley, is it from this
particular business or is it just kind of a combination?
Peters: No. Actually the garbage -
*** End of Side One ***
Peters: -- runs that every Wednesday. Other than that that is not used that much.
Now and again there's a truck or something that goes through. I go through in the
back to pull my travel trailer out when I'm using it. Oh, something I should say, I
believe I also read on a paper that Mr. Schaub gave me that I was running a
business out of my home. That was your thoughts I think during that time you
wrote it up. I'm really not. I have had it rezoned however and I was going to start
a business but I couldn't see it being feasible so I backed out of the whole thing.
Shari made me remember that, a couple years ago.
De Weerd: The traffic that is generated has been pretty much concentrated from
this -
Peters: Yeah. Yes Ma'am, excuse me. I was going to say you can see there
going into his yard. That was all, that white fence on the right side was all
enclosed. They bought the property in December with intentions for a business
and from that point on they opened that fence up and they have been parking in
there. There was a time when that alley was so tore up and deep in ruts that we
couldn't even drive it. just recently this spring.
De Weerd: You had also mentioned there's building going on? Is he -
Meridian City Council Meeting
May 1,2001
Page 19
Peters: Yeah. There's projects I should say, different things whatever, excuse me
let me look at this Partition Specialties, I know what that means. I know they're
into a number of different things in regard to commercial construction. They do
skylights -
De Weerd: So, they're assembling or (inaudible)
Peters: Well, they do something there from time to time. Quite often there's 2 or 3
or more truck. Trucks meaning pick up trucks. There are trailers, tandem axles
backed in, in the front as well as the back.
De Weerd: Okay. Thank you.
Peters: All right.
Corrie: Thank you,
Singham: Mr. Mayor, Councilmen. I'm Michael Bingham. I live at 1329 Meridian
Street. I have the corner lot. My concern is also for the alleyway there and the
paving of the alleyway and the tremendous use that's being used there. Also my
concern being, I'm on the corner lot there is the ability for them in that narrow of
an alleyway to manipulate those long trailers and getting around there without
knocking my fence over. I've noticed several times I couldn't believe that they got
that trailer around there without hitting. I've seen it done once just barely shave it.
So, there is a concern that they're building stuff there and hauling it out in large
trailers. The other concern is that just all the usage, The other thing that was
quite concerned me was, I was kind of under the understanding that business
couldn't get into a business until they were approved by the City Council and this
has been a business since December. They've been in operation there. That's all
I have.
De Weerd: Thank you.
Corrie: Thank you. Is there one more? Anyone else in the public want to issue
testimony? Council, any discussion?
Bird: I have none.
Corrie: All right then, seeing the developer isn't here to answer theses questions
that's come up I would entertain a motion for the Council to continue this Public
Hearing until the 15th.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meeting
May 1,2001
Page 20
Bird: I move we continue the request for rezone from R-4 to C-G for partition
specialties to May 15, 2001.
McCandless: Second
Corrie: Motion's made and second to continue the Public Hearing until the 15th
of this month for questions and answers from the developer or applicant. Any
further discussion?
McCandless: No.
Corrie: All those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 8.
Pub lie Hearing: AZ 01-004 Request for annexation and zoning of
16 acres from RT to R-15 for proposed Fountain Park by David
Waldron - southeast corner of Locust Grove and Wilson Lane:
Item 9.
Public Hearing: CUP 01-007 Request for Conditional Use Permit
for planned development, proposed Fountain Park on 16 acres for
apartments within a proposed R-15 zone by David Waldron -
southeast corner of Locust Grove and Wilson Lane:
Corrie: Item NO.8 is a Public Hearing request for annexation and zoning of 16
acres from R-T to R-15 for proposed Fountain Park by David Waldron southeast
corner of Locust Grove and Wilson Lane. Okay. At this point I will open the Public
Hearing for the request for an annexation and staff comments first please.
Stiles: Mr. Mayor, Council. This is for the annexation of the 16 acres that's
immediately south of 0 & B Supply, Hollywood Video. Property in this location
has recently been approved for Elliot Butte Fence Company and also there's an
application that's in process for the back portion of that for another industriall
manufacturing use. On the west side of Locust Grove Road was the subject of a
previous item on the agenda tonight, the Locust Grove Apartments. There are
Penn Station Apartments that are in the process of being constructed right now.
Mr. Mayor can we address both of the Public Hearings?
Corrie: Yeah.
Stiles: The Jackson Drain is on the southern boundary of the property. There is
going to be a public pathway that's constructed as part of these apartments here.
Once that's constructed the pathway will be turned over to the City of Meridian
for maintenance. The applicant has proposed a walkway along the Jackson
drain. This is identified in our Comprehensive Plan as a multiple use pathway.
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Meridian City Council Meeting
May 1,2001
Page 21
Bird: We're doing all 3 then, aren't we Mayor?
Corrie: Yeah. Actually there's just 2 on that.
Stiles: Yeah.
Corrie: Yeah.
Bird: Oh, 8 and 9. I'm on NO.7 (inaudible)
: Stiles: This would be for 216 total units. They have calculated the open space in
this development as 51.3 percent. That calculation does exclude the required
Locust Grove and Wilson Street buffers and the Jackson drain. I don't know if it's
appropriate no to talk about any changes to the recommendations from the
Planning and Zoning Commission and I don't know whether those have been
communicated to the legal department or not. One thing that would need to be
waived in order to grant this request that is typically required in all planned
development would be the provision of RV/ boat storage, provision of a
maintenance building as they propose to have a landscape maintenance
company provide all of that equipment and labor. They're also requesting a
waiver from tiling the Jackson drain which staff supports all of those requests.
Those would need to be included in the recommendations or in the findings if that
is the decision of Council. Also on page 4 of the recommendations to City
Council, No. 13 public works should be changed to planning.
Bird: Mr. Mayor. Shari are you talking about the annexation and zoning or the
CUP recommendations?
Stiles: I'm sorry I'm talking about the CUP.
Bird: Oh okay.
Corrie: What page was it again?
Stiles: I didn't see any changes to -
Bird: Page 4 under 13.
Stiles: Also on the CUP recommendations page 6, top of the page, apparently
they have the applicant has discussed this with Brad Hawkins-Clark. The
landscape area calculations is 51.3 percent which excludes the required Locust
Grove and Wilson Street buffers.
Bird: Excludes.
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Meridian City Council Meeting
May 1,2001
Page 22
Stiles: Since they have provided that information to our staff, the final sentence
of that paragraph could be deleted. We had previously received some
correspondence from neighbors that were concerned that the residential use
would be hazardous to their ability to continue in some type of industrial use or to
propose an industrial use, particularly this property here. I don't know what the
plans are south of the Jackson drain but the applicant is aware that hose uses
may be forth coming and feels that the design of the project would not be a
problem when adjacent industrial uses come in. They have many garages within
the development. They meet and exceed all of our ordinances for landscaping
and open space and it's a good location. I mean with the other apartments
.'coming in across the street they're able to walk to a lot of services and
conveniences in the area. It seems like a very nice project. Staff would
recommend approval of the application for the annexation and zoning and the
conditional use with staff and agency conditions.
Corrie: Any questions for staff at this point? Okay. I'm going to, if it's all right
with the Council, also open up No.9 Public Hearing. This is a request for
conditional use permit so that you can have testimony from both of them. They'll
be taken up as a separate item in the Council but the testimony will be actually
for both of them, both the request for annexation and zoning and the conditional
use permit. Okay. Is the developer here this evening? Come up and state your
name and address and then address any of the comments that were made by
staff or if you have any different ideas about some of the conditions they had.
Waldron: Thank you. My name is David Waldron. I live at 1933 Spring Brook
Lane in Boise. Mr. Mayor and Council Members. We're hoping that you'll view
this project as an asset to the community. We put a lot of effort into the site
planning and the landscape design to create a park like setting. We're building,
as you can tell it's a fairly low-density project for an apartment project. All the
buildings are 2 stories. We, at the P&Z meeting we had comments from the
immediate neighbor regarding a minor concern about some of the cars parking
along his property and the headlights shining into hie property so we agreed to
cooperate with him and provide some additional landscaping. We subsequently
had a meeting with him in our office and I feel came to an agreement on his
concerns. I'll entertain some questions. I'm going to turn it over to Phil Hall who
can address some of the technical issues. It's a project we're proud of and we
hope you see it that way too.
Corrie: Council, questions?
Bird: I have none.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd:
Meridian City Council Meeting
May 1 ,2001
Page 23
De Weerd: Have you seen the recommendations from the Planning and
Zoning Commission?
Waldron: Yes.
De Weerd: Do you have any issues with that recommendation?
Waldron: We do not. We have prepared the address to those issues. I think 1'1[
turn it over to Phil Hall if that's okay and he can talk about that.
:: Hall: Mr. Mayor, Members of Council. My name is Phil Hall, the Lane Group 128
south Eagle Road. We have prepared the position statements for both
applications. (inaudible) start with the annexation and rezone application, On
item NO.2 we would hope that you would accept the way that we have designed
the southern portion of this property with keeping the Jackson drain open and
creating an amenity out of that with the 10 foot wide pedestrian pathway.
(inaudible discussion amongst Council members)
Hall: That was the only item on the annexation and rezone recommendation list.
I'm jumping over to the CUP. Recommendation No. 14 deals with the percentage
of compact stalls being allowed and basically requiring a petition to have that
approved. I would hope that you would approve the plan as shown. No. 15 deals
with the storage areas and that was mentioned by staff. There are plenty of
storage companies in close proximity to this project so we hope that that would
be removed. Then down to No. 17 bringing the rear elevations of the 16 plex and
the elevation of the 8 plex. We've got some colored drawings. Then No. 18 staff
mentioned also the 51.3 percent that was actually 50.13. I think a number may
have gotten transposed there but the actual is 50.13. Then on to No. 29 with
regards to the maintenance building or structure we are planning on contracting
with an outside maintenance company to provide those services. I believe that's
it.
Corrie: You said No. 17 on the CUP. I don't see a 17 on this one. What were
you talking about?
Hall: On page 5,
Corrie: On this paper you gave us?
Bird: (inaudible) on the one you gave us.
Hall: Oh, I'm sorry. Yeah I just provided the color renderings. It was just asking
for something.
Corrie: Oh, all right.
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Meridian City Council Meeting
May 1,2001
Page 24
Hall: Yeah. No revision to it.
Corrie: Okay. I see what you're talking about.
Corrie: Okay I delete. Shari did, on item No. 18 you said 55.3. Do you agree it's
50.13?
Stiles: They did provide the calculations so it was just a transposition on mine.
., Corrie: Thank you. Keep us honest up here. Council, any questions at this
point?
Bird: I have none Mayor.
Corrie: Okay. All right. Thank you. Okay is there anyone from the public that
would like to issue testimony on this request for annexation and zoning and also
the conditional use permit for Fountain Park? Okay. Council, any discussion for
the record on the Public Hearing?
De Weerd: No. Just a comment. It is a very nice project.
Bird: Mr. Mayor
Corrie: Mr. Bird
Bird: Shari after reviewing their replies to the findings do you have any
heartaches on any of it.
Stiles: No. I agree with all the requests.
(inaudible discussion amongst Council members)
Corrie: Okay. Any other comments, discussion (inaudible) Public Hearing.
Hearing none I'll entertain a motion to close the Public Hearing on item NO.8 and
9.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd.
De Weerd: I move we close the Public Hearing on item 8 and 9.
Bird: Second.
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Meridian City Council Meeting
May 1,2001
Page 25
Corrie: Motion's made and second to close the Public Hearing on item No. 8
and NO.9 the annexation and zoning and conditional use permit. Any other
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Council, discussion?
De Weerd: I have none.
"Bird: I have none Mayor
Corrie: Okay. Hearing none, I'll entertain a motion then on the NO.8 request for
annexation and zoning.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd.
De Weerd: I move that we approve the request for annexation and zoning of
16 acres from R- T to R-15 for the proposed Fountain Park , for the attorney to
draw up the appropriate findings and Decision of Order to include the change on
page 2 of the recommendations from Planning and Zoning, to use the language
suggested by the applicant and their letter dated May 1, 2001 .
McCandless: Second.
Corrie: Motion's been made and seconded to approve the request for
annexation and zoning and have the Attorney draw up the Findings of Facts and
Conclusions of Law with the changes as requested by the applicant and the staff
comments. Any further discussion? Hearing none, roll call vote Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Item NO.9 is the request for conditional use permit for CUP 01-007.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd
De Weerd: I move that we approve the request for conditional use permit for
planned development proposed Fountain Park on 16 acres within a proposed R-
15 zone to include the following changes. On page 4 of the Planning and Zoning
recommendations item No. 13 to delete public works and insert planning in the
Meridian City Council Meeting
May 1 ,2001
Page 26
first sentence. Page 5 item NO. 14 just note that it's approved as shown on the
plan. Delete item No. 15. !8 on page 6 and the first sentence to change 55.81
percent to 50.13 percent and in the sentence at that point delete the rest of the
paragraph and to delete item No. 29 on page 7. To have the attorney draw up the
appropriate Findings and Decision of Order.
McCand less: Second
Corrie: Okay, Motion made and seconded to approve the request for
Conditional Use Permit including all changes that were made in the motion and
., for the Attorney to draw up the Findings director of the order. Any further
discussion? Hearing none roll-call vote Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 10.
Publie Hearing: RZ 01-002 Request for Rezone of 0.51 acres
from R-4 to L-O for Idaho Banking Company by Idaho Banking
Company - 403 West Cherry Lane:
Corrie: Item No. 10 is a Public Hearing request for rezone of .15 or excuse me,
.51 acres from R~ 4 To L-O for Idaho Banking Company 403west Cherry Lane, At
this point I will open up the Public Hearing and invite the staff's comments first.
Stiles: Mr. Mayor and Council. This is for the property located the southwest
corner of Fourth Street and Cherry Lane. The property has been used as a
chiropractor's office for several years. I don't know that it has ever been single
family residence. It may have been at some point. The bank has recently
repossessed the property and in order to gain their entitlements and make sure
that it is a conforming use, if they decide to sell it or make improvements on the
property they have requested the zoning to L-O. We would recommend approval
of the L-O rezone with all staff and agency conditions,
Corrie: Thank you. Any comments form Council? Hearing none, is the applicant
here this evening?
Downen: I'm Anne Marie Downen. My address is 320 west south slope road
Emmett Idaho. I'm a commercial lender with Idaho Banking Company. The
property was a residence in 1983 which at that time, it was converted to a
chiropractic office. It apparently never went through the zoning process.
Bird: Probably didn't have it then.
Downen: It just kind of became a commercial so when we got it, when we
foreclosed and got it back, it lost it's use as a commercial property. So, we're just
Meridian City Council Meeting
May 1,2001
Page 27
trying to get it rezoned back to the, basically a housekeeping item so we can sell
it.
Corrie: Okay.
Downen: Any questions?
Corrie: Questions, Council? Thank you. This is a Public Hearing. Is there
anybody who would like to issue testimony? Hearing none, Council any
questions?
Bird: I have none Mayor
Corrie: Okay. I'll entertain a motion to close the Public Hearing.
Bird: So moved.
De Weerd: Second
Corrie: Motion made and second to close the Public Hearing on item NO.1 O. All
those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Motion carried. Any discussion from Council on the request?
Bird: I have none.
Corrie: Okay. Hearing none, I'll entertain a motion then for the request of
rezone,
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: I move that we approve the request of the rezone of .05, or 0.51 acres from
R-4 to L-O for Idaho Banking Company at 403 west Cherry Lane for the attorney
to draw up the proper papers.
De Weerd: Second
Corrie: Okay. Motion's been made and seconded to approve the request for
rezone of the Idaho Banking Company and to have the city attorney draw up the
proper papers, Any further discussion? Hearing none, roll call vote Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
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Meridian City Council Meeting
May 1,2001
Page 28
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Okay.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 11. CUP 01-004 Request for Conditional Use Permit for Eagle
Concrete Pumping in a flood plain overlay district in an I-L zone by Eagle
. . Concrete Pumping - north of King, east of 5th Avenue, and west of Baltic Place:
Corrie: Item No. 11 is a CUP 004 request for a Conditional Use Permit for Eagle
Concrete Pumping in a flood plain in the overlay district in the I-L zone by Eagle
Contract Pumping north of king east of 5th Avenue and west of Baltic place. Staff
comments first on the request for the Conditional Use Permit.
Stiles: Mr. Mayor and Council. This is the second attempt by Eagle Concrete
Pumping to be able to build in the City of Meridian. The first site they came
through with conditional use permit by the time they met all the building
regulations for building within a flood plain the site became unbuildable and
unusable for their purpose. They selected another lot within the subdivision and
since those Conditional Use Permit s are not transferable from one site to
another they've had to go through this process again. We will be approaching
you in the near future to get the Conditional Use Permit process repealed from
our zoning ordinance for Flood Plane construction because we do have it
covered in another area in the building regulations. Our new planners David
McKinnon had worked in Garden City and has extensive experience in Flood
Plane development. He did a lot of research on that and determined that
everything in our building regulations meet the same need. So, hopefully we'll be
getting that application through the process again so that you'll never see one of
these again.
De Weerd: We hope so.
Stiles: We would recommend approval with all staff and agency conditions.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd:
De Weerd: Shari, we did raise that at a workshop a couple weeks ago. It's
scheduled for next week, for initial discussion.
Stiles: Okay.
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Meridian City Council Meeting
May 1 ,2001
Page 29
De Weerd: David did talk with me and you know there's going to be some big
advantages not only through simplifying our process with lack of a CUP
requirement but there's also going to be some possible savings with Flood Plane
insurance and that sort of thing.
Stiles: Yes.
De Weerd: we certainly appreciate all the hard work you've put into that.
Stiles: He really has. We're lucky to have him.
Corrie: Is the applicant, have any questions about the recommendation of the
Planning and Zoning?
De Weerd: You're back again.
Larson: Mr. Mayor, members of the Council. My name is Cornell Larson address
210 Murray, Boise Idaho. I am back. I'm sorry I'm back but we are back to meet
the requirements-
De Weerd: I know you're (inaudible)
Larson: -- of the ordinance. We do not have any comments and have reviewed
the staff report and can concur with that and would like to proceed with your
approval.
Bird: Yeah, about time.
Corrie: Thank you.
(inaudible discussion amongst Council members)
Corrie: Council, any questions in reference to the request for Conditional Use
Permit?
Bird: I have none.
Corrie: Hearing none, I'll entertain a motion on the request.
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: I move that we approve the Conditional Use Permit for Eagle Concrete
Pumping in a Flood Plane overlay district in I-L zone by Eagle Concrete Pumping
north of King, east of 5th Avenue, west of Baltic Place for the attorney to draw up
the proper papers and with staff comments.
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Meridian City Council Meeting
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Page 30
De Weerd: Second
Corrie: Okay. Motion's been ,made an seconded to approve the request for
Conditional Use Permit No. 01004 Eagle Concrete Pumping and to have all the
staff comments included. Any further discussion? Hearing none, Roll call vote Mr.
Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
" MOTION CARRIED: THREE AYES, ONE ABSENT
Item 12.
CUP 01-009 Request for Conditional Use Permit for planned
development to include office, retail and industrial for proposed
Treasure Valley Technical Center by Meridian Freeway
Associates and DBSllndustrial Limited Partnership - % mile east of
Linder Road, north side of Overland Road:
Corrie: Keith will you handle NO.12 for me?
Bird: Yes. Okay, item CUP 01-009 request for a Conditional Use Permit for
planned development to include retail, office and industrial proposed Treasure
Valley Technical Center by Meridian Freeway Associates and DBSI Industrial
Limited Partnership. Okay, staff your report please.
Stiles: Mr. President, Council. This is for the property adjacent to where the
existing Western Electronics facility is. The applicant would like to do a planned
development in this area and they had submitted a concept of their potential
building layout. This will be a private road. It is now known as Tech Lane. This
would need to remain a private until it were dedicated through some sort of
subdivision process however they don't have any plans at this point that we're
aware of to actually subdivide the property. They had requested quite an
extensive list of proposed uses in this light industrial zone. Staff and the Planning
and Zoning Commission did not feel comfortable with all those uses that they had
proposed. They did look at the overall plan and it appeared to be acceptable
however their recommendation was only uses that are allowed in the I-L zone
such as the manufacturing facility that's there now would be permitted without
going through another conditional use process. They do have some proposed
elevations as far as I know they don't have any plans for a tenant at this time.
They would like to be able to provide similar type buildings throughout the
development. Since the time that they were, the Planning and Zoning
commission had met and decided that they would be required to go through the
Conditional Use Permit process we did receive a letter from DBSI. Hopefully you
have that in your packets. They would like to clarify their intent and request that a
day care center, professional and sales offices and community and neighborhood
shopping centers be permitted through the Conditional Use Permit process as
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Meridian City Council Meeting
May 1,2001
Page 31
they are now specifically prohibited in that zone. Is the applicant here?
(inaudible)
(inaudible discussion amongst Council members)
Stiles: Maybe they can further give me some more information on some of their
plans and where they were headed. We met with the applicant and we weren't
real sure where to go whether to try to plat it first or do the Conditional Use
Permit. They weren't really prepared to commit to a plat at this point but they did
want to be able to develop more than the single building on the lot and be ale to
. be approved for some uses other than might be specifically permitted in our
outdated industrial zone regulations. We would recommend approval with staff
and agency conditions. We would also agree that they would be able to do a day
care canter, professional and sales office and a community and neighborhood
shopping center through another Conditional Use Permit. I know that's not much
of an approval but they would like to be able to market the property with the
insurance that they would be able to have those other uses. If they're trying to
get other tenants in there, the tenants want to be assured there's a possibility for
that rather than be told outright that no those are prohibited uses, it's not even a
possibility. I don't know if this still the right way to go. Whether we should have
looked at a rezone. There is no zone that we have that really covers all of the
uses they'd be proposing. They did want to build a day care facility on the same
lot as the Western Electronics building but due to the fact it's not located within
the building they would have to have a Conditional Use Permit to operate a day
care but day cares are specifically prohibited in the zone, That's the reason for
this request. If we steered them the wrong way I apologize. Just after discussion
it for quite some time we thought this might be a good way to go about it.
Hopefully we're not wrong. I'm getting looks from Sill Nichols so I -
Corrie: Are we addressing this in the new comp plan, some of this?
Stiles: It would require ordinance changes. We do have a zone that exists
that's never been used, an MUR zone, mixed-use review zone. It's never been
used but it is in the zoning ordinance. It's difficult for projects like this and also for
Silverstone where they come in they want to find a zone that will accommodate
everything they might need in a development and we don't have a zone that
exists that would accommodate it. It's probably going to take coming up with a
whole new zoning designation for specifically high tech type development such
as these because I just think we're going to get more and more of them.
Corrie: We're definitely growing so. Is the applicant, I know you're here tonight.
Tarry: Mr. Mayor, Council Members. I'm Tim Tarry with BRS Architect. We're
representing the applicant. Shari thank you for the report, it laid the foundation
pretty well. As you can tell, we were kind of up against some odds trying to figure
out how to do this best. Our initial reaction was that we needed to look at some
I, ~ t
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Meridian City Council Meeting
May 1,2001
Page 32
sort of an avenue to be able to at least get some concepts out and be able to
approach this as a marketing tool. Through the avenue of discussion with Shari
and some additional dialogue we finally came up with this solution to present
before you, Our concept here is to look at this as a marketing vehicle, just as
Shari said to be able to market his with these potential uses in mind. The building
locations, footprints can have some sort of an evolutionary kind of thing to them
depending on how the marketing interest is given to this. I know that it's kind of a
nebulas thing at this point but so be it as it is. We're looking at these uses alone
and that's what we're going to concentrate on. The day care, and there are some
of these uses we're looking at as probably if you will more of a mixed use type
., concept and what we're meaning by this is to hopefully capture a lot of vehicular
traffic and keep them on site. Such as with the day care, retail, we'll probably
have some restaurants within that retail mix, the offices again, possibly some
storage and et cetera. Possibly the mix will be able to augment each other
towards a better development overall kind of keeping localized rather than
spread out in terms of traffic development. That's about it. I'm going (inaudible)
for some questions if you should have any.
Corrie: Council?
Bird: I have none.
Corrie: Boy, they've been an easy bunch to talk to tonight.
Tarry: Yeah.
Corrie: Okay.
Bird: Nice (inaudible) present presentation.
Tarry: Thank you.
Corrie: Okay. Comments, Council, staff?
Bird: I have none Mayor
Corrie: All right. I will then entertain a motion for the request of Treasure Valley
Technical Center for the Conditional Use Permit.
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: I would move that we approve the Conditional Use Permit for the planned
development to include office, retail and industrial for proposed Treasure Valley
Technical Center by Meridian Freeway Associates and DBSI Industrial Limited
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Meridian City Council Meeting
May 1,2001
Page 33
Partnership and to include modifying the list of additional CUPs to day care
center, professional and sales office, community and neighborhood shopping
centers and for the attorney to draw up the proper papers.
Corrie: Did you want to include the staff conditions?
Bird: Yes, (inaudible) staff conditions also. Thank you.
De Weerd: Second
,. Corrie: Motion made and second to approve the request for the Conditional Use
Permit to include staff conditions and modify the CUP and to have the attorney
draw up the proper paper. Any further discussion? Okay, Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
CUP 01-005 Request for Conditional Use Permit for gasoline
facility consisting of a 3,612 square-foot canopy over 5 multi-
product dispensers, cashier's kiosk and parking lot improvements in
a C-G zone for Fred Meyer Gasoline Facility by Dakota
Company, Inc. -1850 East Fairview Avenue:
Corrie: Item No. 13 is a CUP (inaudible) 005 request for Conditional Use Permit
for a gasoline facility consisting of 3,612 square foot canopy, over 5 multi-product
dispensers, cashier's kiosk and parking lot improvements in a C- G zone by Fred
Meyer gasoline facility by Dakota Company. At this point, staff comments on the
req uest.
Item 13.
Stiles: Mr. Mayor and Council. If this project looks familiar it should be. The only
thing that seems to have changed is they got a new traffic study from another
traffic engineer. J don't believe anything else has changed. Our recommendation
is still to deny the project based on the findings that were previously prepared for
the project. Thanks.
Corrie: Do you have any questions of staff at this point?
Bird: I have none Mayor.
Corrie: Okay. Where did he go? Oh, applicant-
Stiles: Oh, okay.
(inaudible discussion amongst Council members)
Meridian City Council Meeting
May 1,2001
Page 34
Durkin: My name is Larry Durkin. My address is 380 east Park Center Boulevard.
I'm with Dakota Company and I'm here tonight on behalf of the applicant. Just to
comment on Shari's comment on the change, there's another change in that Fred
Meyer has a different consultant handling his applications for that and I'll talk
about that.---
*** End of Side Two ***
Durkin: -- food and general merchandise. You may know that there's a bank
inside the store, a coffee shop, an ice cream shop, dry cleaning, sandwich shops
., et cetera. These services allow shoppers to do many things without driving
around the city. Fuel is the same thing. It's an additional service to provide to
Meridian consumers that will allow Fred Meyer to continue to compete with Wal-
Mart, Kmart, WinCo et cetera. IN preparing for the hearing tonight, I carefully
reviewed the minutes from the last Council meeting and I carefully looked up the
presentation by Fred Meyer's consultant and the comments from the Council. A
real important point was brought up by Councilman Anderson. He said the
applicant hasn't shown why this is important to the City of Meridian. We have a
burden to show that this is important and I want to stress to you that Fred Meyer
is the lifeblood of this center. More than 15 other tenants depend on Fred Meyer
traffic in the center. Without this service, Fred Meyer will be at a serious
disadvantage as well as the other shops and tenants will be at a serious
disadvantage. When a major retailer is at a serious disadvantage and when the
tenants that rely on the business of a major retailer are at a disadvantage you
begin to see the turn over, the deterioration of the center. The question was
asked last time well gee is Fred Meyer going to leave and go someplace else if
they don't get this? Probably not, but will they do well? Certainly not. If they don't
do well, the Subway guy doesn't do well, the bank operation doesn't do well. You
start seeing that turnover that turnover vacancy and the beginning of the
deterioration is that important area of Meridian. Our request is well within the
guidelines of the city code. The parking ratios meet or exceed all the city
requirements. The landscaping exceeds all of the city codes now in place. The
signage is well within the city code. I'd like to just draw your attention to the staff
report. On page 6 of the staff report, Actually it begins on page 5. It talks about
the Comprehensive Plan policies. I know Meridian's in the process of developing
a new Comprehensive Plan. I'm not aware of any modifications in that plan that
would change some of the points that the staff highlighted here. I really think it's
important, I think you know I usually try to zip through these things as quickly as I
can but I want to go over these point by point and stress to you how they relate to
this particular application. To set aside areas where commercial interests and
activities are to dominate. You've already done that with this location. You've set
this aside. It's been developed as a commercial area. Then 1.4 positive programs
should be undertaken to support existing commercial areas to insure their
continued vitality. That's in the Comprehensive Plan of the City of Meridian and
it's an important point to make. In the land use chapter, encourage new
commercial development within under utilized existing commercial areas. Well,
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Meridian City Council Meeting
May 1 ,2001
Page 35
why is this under utilized? If we were trying to squeeze this in with inadequate
parking, with inadequate landscaping, over burdening the sign package et cetera
but we have the land, we have the parking. We're well in compliance with this. I
believe that that 4.23 U would apply. Under 2.2 U encourage area beautification
through uniform sign design that enhances the community. I'm going to walk over
to the - The last time this application was before you asked question s of the
applicant's consultant. He just didn't have the answers and he wasn't prepared.
One of the questions came up in reviewing the minutes of the hearing, what's the
signage? His answer was I really don't know. It's not going to be much. But I
want to point out to you how absolutely tinsey it will be. Will, can I write on this?
(inaudible discussion amongst Council members)
Bird: Why don't you grab that (inaudible)
Corrie: Just grab the mike there. You can it's yours until it's ours so, do what
you need.
Durkin: The only sign that Fred Meyer is adding as a result of this, I have a photo
of that I'll give you, is located right here on the plan. So, they're not coming in
with something and adding a bunch of signage that would negatively effect the
area. The last time that you considered this request, your decision was based on
very, very poor data provided by Fred Meyer's consultant. I have a representative
from Fred Meyer, an employee of Fred Meyer here tonight and Dakota Company
and Fred Meyer' sorry that the data you received last time was so inadequate.
We've spent a lot of time and tried to give you the correct data tonight. If I don't
answer any of your questions to your satisfaction, Dick Clark from Fred Meyer
Stores will happily help out. But, in that presentation and in reviewing the minutes
I don't know if you read these in your packet, there is a consistent confusion on
where this is located. There's comments on the record that the new fuel island
would be maybe 150 feet maybe 125 feet from the corner of Locust Grove. It's
about 825 feet from the corner of Locust Grove. It's clarified later that it's near
Subway next to the Texaco station. Councilman Bird was passing around a site
plan because some of the Council had different site plans that were provided to
you by the applicant that weren't consistent. So, tonight we have one site plan
that's mounted on a board. That's our application. You can see where the fuel
island is located and it's a great distance away from Locust Grove. The last time
you acted on this the Planning and Zoning commission had approved it
unanimously and they have approved it unanimously again this time. Our request
was denied at Council for the following 3 reasons, traffic congestion, inadequate
parking, and hazards to pedestrians. I'd like to just talk about those 3 points one
by one. The traffic congestion will include about 230 trips per day and will be
dispersed evenly over the entire center.
(inaudible discussion amongst Council members)
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Meridian City Council Meeting
May 1,2001
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Durkin: This is a letter that we've submitted, We've run this by ACHD and they're
agreeable with these counts. But in addition I think you may know I develop
these types of things in a lot of other areas. I've seen traffic studies for Wal-Mart,
for WinCo, for Sam's Club, and for other facilities where they're adding this
facility. The last traffic study that you had we believe was woefully inadequate. I
don't even know if you had a study or just a comment from a traffic engineer.
There were some questions about are there new curb cuts and where the cars
are going to come from. There are no new curb cuts in the shopping center. If the
use was moved to one end of the center or the other, the burden would increase
dramatically on one driveway. With its location here and the traffic flow in the
.. shopping center, the use will be dispersed over several driveways, I'd like to just
explain why. If you look at the Fred Meyer store and I think most of you are
familiar with the layout, the left-hand side of the store as you're looking at it is the
food section of the store. The right hand side is the general merchandise section
of the store. The most frequently used section of the store is over on the far left
hand side, but consumers come in from Locust Grove, from Fairview, so this is
really a central location utilizing the two or three driveways on Fairview as well as
the driveway on the private street and on the Locust Grove area. The developer
of the shopping center is happy with this location. The other tenants in the
shopping center are happy with this location. We believe that this location is the
best location for what we're trying to provide. I'd like to just talk about parking for
a moment. Now that you have the correct information, inadequate parking does
not work as a reason for denial. The Fred Meyer parcel still exceeds the ratios in
the ordinance even after this is developed. Each of the pads in the shopping
center exceed the required parking ratios on their own. In total or in part after this
improvement is completed the parking ratios exceed all of the city requirements.
They exceed the ratios at other large centers in Meridian. In reviewing the
minutes there were questions about how many parking stalls were going to be
removed and how many were going to be replaced. The applicant's consultant
didn't know the answer. It's no in the staff report. It's the result of careful review
of the shop drawings and surveys. Then we were so concerned about it that we
actually went out and walked and counted every single parking stall in that
shopping center. Our application if it's approved will result in 40 less parking
stalls in the shopping center. Your third concern was a hazard to pedestrians. In
your previous denial, you stated that a reason is an unacceptable hazard to
pedestrians. But as you can see with the correct data the fuel island is more than
100 feet back from the sidewalk on Fairview Avenue. It's more than 800 feet off
of the intersection of Locust Grove. The drive lane area of the fuel island is more
than 40 feet away from the sidewalk with a landscape berm separating the
fueling traffic form the sidewalk area. It's a fully landscaped berm and will not not
be modified with this application. In downtown Meridian for example there are 3
stations in a heavily traveled pedestrian area with no separation at all from the
pedestrians, Yet I'm not aware of any problems with this. There are no fuel
operations in Meridian with such a large set back. Fred Meyer, Dakota Company
and other consultants involved cannot see a hazard to any pedestrians in this
layout. In the past you recommended a relocation to another point in the center.
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Meridian City Council Meeting
May 1,2001
Page 37
This relocation will not work for Fred Meyer. Nor will it work for the developer who
is sign and approve any modifications. Nor will it work for the other tenants in the
shopping center. Many of which are required to sign and approve the
modifications as part of their leases. Your preferred location is in the back of the
building. I'm just going to walk back over to your thing. Your preferred location
was in the back of this building or in this area. It would result in people coming in
a private street. This is a narrower street than the normal ACHD streets but not
only that remembering what I told you earlier about the heaviest used area of the
store. The shoppers that would utilize this most frequently would be crisscrossing
back and forth across the shopping center. With this location the users of this fuel
island would be accessing most likely here, here, some from here and some from
here. But even with that relocation I think that your previous concerns would still
have to be in place. We firmly believe that our location is safer and it's just a far
better location than locating it behind the Subway building. I have a couple of
photos that I'd like to hand to one end and maybe pass them down to (inaudible)
These are photos of a recently completed fuel island at the Fred Meyer in
Garden City. The difference on this one, obviously the way it lays out on the
parking lot. There are twice as many signs on this fuel island operation that I'm
going to hand you than there will be on this store here.
(inaudible discussion amongst Council members)
Durkin: I'd like to just talk for a moment about the industry standards and what's
going on in the industry. I'm going to hand you a couple of articles that I don't
expect you to read before you make a decision tonight but I'll hand these articles
to you and then I'll summarize them briefly in my discussion. The first one is a
recent article. I think its from yesterdays Wall Street Journal in fact. It just talks
about the industry trend, how Sam's Club, Wal~Mart, Albertson's, to name a few
are actively pursuing these types of operations. It talks about the numbers that
are being added, where they're adding them. I could tell you with 100 percent
certainty that Wal-Mart will be coming in with an application for one in Meridian.
This is just showing you that it's an industry trend that all of the discount stores
and food stores are going to be facing this. I brought another photo, one I think
you'll recognize, I'll hand this again to Councilman Bird, pass it down. Many of
these operators this is what they build. Although this is a chevron. Albertson's for
example built a full convenience store with a car wash and other things. These
articles talk about that. The Fred Meyer fuel island is on the Kroger model and it's
strictly fuel. It's not adding those other services. Its not adding the signs and
congestion related to those other services. The second article I gave you is from
the Bible of the grocery store business and it's a trade publication I read every
week. It's called supermarket news. This is a recent cover story they had about
(inaudible) out and it talks about all of the other companies that are doing this.
How many they had. How many of these fuel islands they had a year ago and
how many they have now and what's forecasted in the future. I'm giving you this
so you can see with certainty that this is definitely a trend that's happening in the
industry. I'm asking you to seriously consider our application tonight knowing that
Meridian City Council Meeting
May 1,2001
Page 38
it meets the comp plan criteria, knowing that it meets the parking criteria,
knowing that the traffic and other related matters have been addressed and are
sufficiently taken care of. If it's just an arbitrary thought gee I think it'll be nicer to
have it over there, I want you to know that that will kill the application for Fred
Meyer. We cannot get the developer's approval for that location. Nor can we get
the necessary tenants approval for that location. We think that the application
that we've presented with the low lighting and the lack of signage will fit into the
area. I strongly request that you give our application favorable consideration
tonight. I'll happily answer any questions.
., Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: Larry, this is a much better presentation than we heard last time but I would
like you to go over that thing and walk me through your scenario of how people
are going to drive in and drive out.
Durkin: I know that was a good and valid concern of yours.
Bird: I drive by that thing too many times -
Durkin: The answer I don't know doesn't cut it. (inaudible) scribble on this. You
can have this. First of all on this plan, we're showing this everything you see right
here is underground-
Bird: Yes.
Durkin: In the photos that I've handed you that would be a flat concrete area.
There's nothing here above ground. These pumps, the drive lanes are going this
direction. (inaudible)
Bird: Yes.
Durkin: I think though a lot of the concern before was that people were going to
be leaving the pump area going out this way. The consultant didn't know which
way the pumps were going to be going. The way the design is now, if you're
driving down this row of parking, you have ample room to turn out and leave or
go whichever way you're going to go in the center. But if you desire fuel, you'll
be able to drive in and get fuel this way. If you're coming in off Fairview, you'll be
able to drive in, get your fuel and there's a number of different exit scenarios.
Going over this with two different engineering firms, it just far exceeds any traffic
flow restrictions that you might see. For example, even at the Chevron across the
street, you can go straight, you can turn right. The opportunity for congestion
around here is really minimal. I think that was your question. Did I understand it
correct.
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May 1,2001
Page 39
Bird: (inaudible) Larry, to be truthful with you, I've got some real concern on the
congestion in there. You're shoving a lot of people and I realize that I think you
guys had 20 vehicle trips per peak. If that's all that you're planning on for peak, I
can't understand why we need 5 pumps. Why not reduce and go to 2 pumps or 3
pumps if the 20 vehicles is your peak. I have concern of people coming out from
the bagels and Subway and all that and I just see a lot of congestion, people
pulling out people walking. Traffic walking from the store out to - and I realize a
lot of people don't walk that far out and stuff. I just felt that it was awful awful
. tight. I was the one that, I'd like a good explanation why, other than exposure and
.. sales, why it can't go back up in that parking back there that is very little used.
Durkin: Well, exposure -
Bird: I understand.
Durkin: -- is important. Sales are important. Remember this is a card-activated
facility so 24 hours a day you can drive in, insert your credit card and get your
fuel. It's important to have that here since everything else is closed at that time
versus in the back from a safety standpoint. There are additional development
plans going on across the street here. This is a vacant lot and there's an
application, I don't know if it's in front of you yet, for, if it isn't it will be soon for
over in this area. I think the comment that you made about you driving you by
here a couple times a day and you see a lot of traffic here, a lot of the traffic that
you see here is utilizing these other services here. A lot of the traffic that we
anticipate coming here is going to be going in and taking advantage of the other
things at Fred Meyer. There isn't a big sign out here saying come in. The only
fuel pricing sign that they'll have can see from the store. When you leave the
store, you won't be driving by Fairview here and seeing the signage here. You
have to be up in the parking lot to see it. That's on our applications, that's on the
plans that we've submitted to you. I just don't believe its going to be a congestion
here. Dolby Engineering doesn't believe its going to be a congestion here. I do a
lot of business with Fred Meyer and other stores and that's a big concern of
theirs when we're doing the early layout of the stores is congestion. Customers
don't like it. They complain about it and its not something they do on purpose.
Bird: Larry, I can tell from the photos but the one down on Chinden there, the
Fred Meyer's on Chinden where is that located, on the east of the entry?
Durkin: I'm really glad you asked that.
Bird: But they've got a stop light there to come in on too.
Durkin: You know, where that is, this is why - That's a really good point. I'd like
to just mention this is why its so important for Fred Meyer to have it front and
center. On that location because it's a state highway with limited access, you
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Meridian City Council Meeting
May 1,2001
Page 40
literally have to drive in the driveway, come down, turn around, go all the way
through the center to get to it.
Bird: Off the lighted, the stop light-
Durkin: Let's just say-
Bird: That's Chinden -
Durkin: This is Chinden Boulevard -
Bird: -- going west.
Durkin: You would turn in here, come all the way up to the front of the store
because it's a protective curb all the way up. You'd come across here, turn down,
go through, either go out that same way or you go out and kind of meandering -
Bird: Yes, it goes around by those-
Durkin: (inaudible)
Bird: -- jockey lube or whatever that thing is.
Durkin: -- so it's critical to Fred Meyer to have it in the front from a visibility
standpoint but more importantly, I think as importantly as a safety issue.
Bird: I don't deny that at all. It is a good presentation. I just really still have
concerns with safety and the congestion in that shopping center. I know why you
don't want to move it to the back. If I was in the business I wouldn't want to move
it back either.
Durkin: Councilman Bird, you know there was a comment in the last hearing that
the idea was bucks in Fred Meyer's pocket. I certainly hope they make a profit on
it.
Bird: If they don't they won't be in business long.
Durkin: But, you know they take seriously, the whole front of their store if you're
familiar with it is full of small shops, they rent from Fred Meyer. They feel duty
bound to these people to continue to stay current. The articles that I've given you
are evidence for the record showing that this is a critical thing for all of their
competitors to stay current. They take it seriously their obligation to Subway.
Subway is actually thrilled about this. I've talked to Blain Jacobson, he calls me
and emails me frequently, have you gotten that approved, we want that, we want
that. Bruegers is enthused about it. Mc Donald's is enthused about it now that it's
Meridian City Council Meeting
May 1,2001
Page 41
moved away from their drive through conflict. The tenants in the center that read
and are familiar with the industry know how important it is. There has not been a
single solitary negative testimony at any hearing on this from any of the residents
or any of the tenants with this location. I appreciate your concerns. Your
concerns are your concerns. I can only tell you that the engineers and the people
that are involved in this feel that there is not going to b e any congestion in that
area. That there are many projects both in Meridian, Boise and all around that
would be much greater congestion, that this would be the most desirable
circumstance. A relocation -
. . Bird: Is out of the question?
Durkin: -- Just tell me no, don't tell me because I can't. there's a shopping center
here when we got this approved in 1995 we were required to have a common
area maintenance agreement and a cross season use agreement that ran with
the land. That's recorded. City attorney has it on their files. One of the little things
in that document that's kind of an (inaudible) saying modifications, changes, blah,
blah, blah, blah require the consent of a number of parties-
Bird: I understand.
Durkin: -- and I can't get that consent. I've tried and I can't get it. I do have a
letter - A Best, they're the owners of the other buildings and the surrounding land
and the mini storage. They have a significant investment here. They're enthused
about this. They want Fred Meyer to remain competitive with the other people
that are coming Of that are here now and that will be coming. I know Kmart's
going to be building a new store and either closing or rebuilding their store at five
mile. They'll have fuel. Some other big boxes that are coming into the area that
will have fuel. Wal-Mart will be submitting an application any day, we'll be
submitting it for them for a fuel island at the corner of Venture and Fairview, right
next to their tire service area. It's a big deal to have.
Corrie: Larry, you say it's a big deal, I'm SUfe it is as far as the stores are
concerned. We've got one in the hopper now with Albertson's wanting to come
back and do it again at Cherry Lane. How much percentage do you think that
people are going to come across that parking lot and use that gas station
compared to what's coming off Fairview and turning in there, with the prices
going to be a lot less than some of the other stations? How do you come up
with that figure?
Durkin: Mr. Mayor, I have to tell you this is a long answer to a very easy question.
Corrie: That's all right. I've got time.
Durkin: Fred Meyer, as a company has a long record of not giving anything away.
They are fairly priced but other people in this business Wal-Mart for example
Meridian City Council Meeting
May 1,2001
Page 42
sometimes will give away food to sell general merchandise, sometimes they give
away general merchandise to sell food and they play that game. Fred Meyer, and
I've researched them extensively, it's an 85, 90~year-old company - am I close?
75-year-old company, I read about them for years and years and they don't, they
have not had that policy in the past. So, the likely hood of them taking the Wal-
Mart approach of giving gas away to get people in there , its not a real likely
scenario. Your question about what percentage of people are going to drive
across the parking lot to get fuel, is that-
Corrie: Compared to coming in off of Fairview.
Durkin: I think that in the neighborhood, I'm just giving percentages now, I think in
the neighborhood of 80 percent of the people that use that fuel island will be
coming to or from the Fred Meyer store.
Corrie: Okay. Based upon that, if Fred Meyer doesn't play the same game that
Wal~Mart does and maybe Albertson's what would be the incentive for a person
to go to Fred Meyer's kiosk than to Wal-Mart and the Albertson's if their prices is
10 cents lower?
Durkin: You know one of the articles I gave you talks about how price sensitive
fuel is and it is. It's a price sensitive item.
Corrie: Right.
Durkin: I had a picture there of the shopper that's shopping there. She's a 35, 40-
year-old woman. She's driving a mini van and she has 2 kids in the car. She's
doing her grocery shopping, she's either doing her grocery shopping on her way
to or from another event with the children and it's a convenient pull in to do it all
in one parking lot. To pull out of that parking lot to go to the Chevron which is
really close. I admit its really close, once that commitments made to leave that
parking lot, It doesn't matter unless she's on empty and the fuel light's on, it
doesn't matter if she does it now or 20 minutes from now or after the soccer
practice. So, the idea is to capture that or more than anything to incent that
person to, when we leave soccer practice I have to get fuel. I'm going to get it at
Fred Meyer because I like to shop there and combine that. The studies show that
the people getting fuel are also getting groceries and other things. Albertson's,
I'm sure their application on Cherry Lane will have a convenience store. They
have about a 5,000 square foot convenience store with theirs, They combine it all
in one building. Fred Meyer and Kroger, they don't do that. They have just a
small kiosk and they're relying on the person to come into the store for their
grocery and other items.
Corrie: I'm sure you realize that probably the question is going to be coming
down tot he Council is if we approve this, it's opening the gates that everybody's
got a place like Fred Meyer's, Wal-Mart, Albertson's. I mean that's -
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Meridian City Council Meeting
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Page 44
Bird: Larry, I've got one question that's probably none of my business, but you're
saying this is really, really important to Fred Meyer's. What percent of sales in
that store is that gas station going to be?
Durkin: Very very minor. I mean I don't-
Bird: Half percent?
Durkin: You know I really don't know.
Bird: On a good day they'll probably do 2500 to 3,000 in the gas and probably-
Durkin: More than anything else -
Bird: 800 a day in the store.
Durkin: You know it would be like saying what percentage of sales in their
grocery department is milk. It's really an insignificant amount of their sales but
would you go to a grocery store and buy groceries if they didn't sell milk? Would
you go if they didn't have a seafood department. You know-
Bird: Yeah but gas isn't, gas is, of course you didn't serve yourself, you went in
they serviced you and they did the whole works, now I realize everything's went
to self serve now. To find a full service gas station anymore-
Durkin: That's why I thought it was so important that I give you for the record the
industry data that I did. Because things are changing drastically and this is
rapidly becoming a very, very common service for grocery stores and general
merchandise stores, membership warehouse clubs. While, if I would have asked
for this 5 years ago when we built the shopping center, you would have thought I
was nuts. It's now a fairly routine request and becoming more and more so.
Bird: Mr. Mayor. With your permission I'd like to (inaudible) Larry, you addressed
some of the things but I still want - I've got some scenarios here on entries and
exits. (inaudible) Okay, you're telling me that this is going to come down, people
are going to come through like this and gas up right? They're going to hopefully
pull out and come out like this.
Durkin: If they were doing it on their way out.
Bird: That's what I'm talking about. We don't know what percent we're going to
have there that comes from this area. Let's say 50 -50. Okay this guy pulls ion
here, and he goes oh man, I'm going to gas up before I go to the store so he's
here and this guys coming out like that. Or he pulls in here and here comes a car
out like -I have a real problem with it being that close to this entrance.
r ,
Meridian City Council Meeting
May 1,2001
Page 45
Durkin: Keith that's why I tried to scribble this out right in the beginning because I
think this is a distraction. This is a very, very wide drive lane area. This is not any
obstacle what so ever. The kiosk is right back here. So, somebody that's gassing
up here, there's a lot of area to maneuver out here. This is the least used parking
area in the whole shopping center. So somebody coming out here, they could
certainly go to this driveway, they can go down to this driveway or if they're
fueling coming in, you know they're going up to the store. There's so many
opportunities that that scenario that you're painting is a real minor scenario.
Bird: Driving through there, this is probably the least used entrance right now.
This one's very heavily used. That one's very heavily used and I don't know how
Chief Gordon could tell us (inaudible) quite a few percent of wrecks in the city of
Meridian that's got to be at those (inaudible) Anyway, with this deal here, we're
going to double the usage of that entrance I think. That to me, now I'm just
saying if this was my (inaudible) it really (inaudible) a lot of congestion, cross
traffic congestion in this area. That's why I thought it would be better back up in
there but I'm not a marketer. We do have a lot more facts now.
Durkin: I don't know what else I can tell you other than Dolby Engineering does
traffic studies for Fred Meyer on a regular basis. He doesn't do them for Fred
Meyer to get approvals, He does their whole analysis for their parking lots. If
there's a problem he gets in trouble. He does Fred Meyer work all over the
northwest. Fred Meyer looks heavily to our company for advise and counsel on
all of their stores in this area. I can't make a recommendation to them that's
irresponsible. We utilize local consultants like Quadrant Consulting. Everyone
that's involved is completely satisfied that that isn't an issue. If there are wrecks
at those driveways - Keith I think you were on the Council when we brought this
here the last time. We have a standing offer in writing to Ada County Highway
District to fund, pay for a light at that private street. I know that Larry Sale has
testified to that effect in front of this group.
Bird: Good luck.
Durkin: They think that is a bout 110 feet too close to the Locust Grove
intersection so they'd rather not have any light. In front of the entire shopping
center there is a free flowing right turn lane which we put in because without a
light we felt that was going to be the safest. Everything we've done in the
development of this center, that's a primary concern of ours.
Bird: I agree with you Larry. You have done everything but it still don't add up for
the congestion and coming across and letting cars out and stuff like that. I
compliment you guys. You've done 10 times better presentation this time and
everything so. I've still got a concern on the congestion around that. I wish it was
100 feet farther in than what it is you know. At least get people a chance - you've
got it coming out of the Subway and out of the gas thing right at the same
elevation.
Meridian City Council Meeting
May 1,2001
Page 46
Durkin: Well, the canopy itself is 100 feet back. The fuel pumps are 117 feet back
from the sidewalk area.
Bird: Yeah I know that but I wish it was 200 foot.
Durkin: That's a great distance back.
Bird: I know it is.
Durkin: Comparing you know to other areas that are 7 or 10-
Bird: I know.
Durkin: ~~ this is -
Bird: And I realize ifs you know if you don't make a profit there's no sense in
putting it in. We certainly not here to take profits out of company's pockets.
Durkin: I guess I was saying before I'm more serious with this application than
with others in front of you because I really believe that without this Fred Meyer
will survive ~~
*** End of Side Three *'k*
Durkin: -- a significant negative impact. I know it will on Subway and some of the
other people. I really believe that it'll have an impact on some of the other tenants
in the center.
Bird: Larry, basically it's going to be bagels and Subway and I can't remember
who the other -
Durkin: Cleaners.
Bird: ~- cleaners and but I don't see those people in the back - I don't see
McDonald's driving anymore because there's a gas station there.
Durkin: I don't think there'll -
Bird: Mc Donald's is going to draw regardless. I understand that with those
people out front, subway and you know Blain the more people he can get into the
area the better off he is. I understand that.
Durkin: Keith if there's a couple thousand people less coming into this store, let's
just say there's 3,000 fewer shoppers going into the Fred Meyer store because
they have fuel and shopping and similar services available at Fairview and Eagle.
Meridian City Council Meeting
May 1,2001
Page 47
Fred Meyer will survive forever. They have more money than they know what to
do with and it's a good company.
Bird: They don't appreciate you throwing that out.
Durkin: (inaudible)
De Weerd: (inaudible)
Durkin: The franchise for Moxie Java relies on the Fred Meyer traffic. The Baskin
Robbins guy is a franchise operation, he1s not Mr. Robbins or Mr. Baskin, He's
relying on that traffic so that's what I think is so serious about this. Fred Meyer
will survive for a long, long, long time without fuel here but that other tenants in
the shopping center are going to notice a deterioration and I believe the minutes
from the last meeting didn't reflect that. I think the Comprehensive Plan text does
reflect the importance of that and encouraging programs to continue to have
centers be modernized and updated and keep them vital. That's where I'm
hanging my hat on this one.
Bird: I believe every word you're saying. I mean it's the little guy that can use the
extra traffic in there. Not that Fred Meyers would turn any of it down. You know
they have the volume it's your Baskin Robbins, it's your Bagels and it's your
Subways that could use the extra traffic. I'm sure this is not the first application
we're going to have like the Mayor said. You can see the trends coming that the
supermarket and for us consumers it's pretty nice because when half a percent
of your sales is out there in your gas, you can give that away free and make a
good mark up on your inside and you're okay. Private service station guy he's
going to make it off his gas to. But as a consumer it's pretty nice.
Durkin: You know it's Interesting you mention that if you look at the Chevron
today, there's a sandwich operation inside. They have groceries all over the
place. They have a drive up window in the back of their Chevron. So, they're
offering and doing a lot more things and that's competitive.
Bird: You're right that's very competitive. I think I've taken up enough of Larry's
time but I do want to compliment you on your presentation. It was very first class.
Corrie: Any other questions of Larry? Okay.
Durkin: Thank you.
Corrie: Thank you Larry. Okay, discussion Council?
McCandless: Mr. Mayor
Corrie: Mrs. McCandless
Meridian City Council Meeting
May 1,2001
Page 48
McCandless: I echo Keith's compliment of the presentation. I thought it was
certainly interesting and very good. I don't however agree with the idea that the
smaller businesses are going to suffer if you don't have that selling gas in the
parking lot. If somebody goes to Fred Meyer and the parking lot is full all the time
over there, right now, if somebody wants an ice cream cone or a cup of coffee
over at the coffee shop or a bagel. Certainly I've gone in there for a Subway or a
bagel when I wasn't even at Fred Meyers. I don't think that's valid and I think the
congestion, regardless of all the precautions that you have talked about. I think
the congestion is too much. In spite of the good presentation you haven't
convinced me.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I'd like to ask Chief Gordon. I believe we used his, I don't recall if Chief
Gordon was here last time but the congestion, Chief do you, you know, you're
much more expertise on this than I am. Do you see problems with congestion?
Traffic congestions in and out and all that. Do you see that with that location of
that gas pumps there as having to create some more congestion.
Gordon: Mr. Mayor, Councilman Bird. That area is congested right now. The cars
that are there are going to still be there whether that gas kiosk is there or not. I
don't think it's going to add or subtract any of the congestion. Our main problem
area is Locust Grove and Fairview. The cars that are going to be going to get gas
here, I don't think, they're going to be there anyway. I don't think it's going to
create any. The cars, the numbers of vehicles are already there. I don't think
they're going to entice anybody from Eagle to come up here and get gas. The
cars are going to be there regardless. That Chevron there's a lot of traffic in and
out of that because of the Chevron. That side of Fred Meyer parking lot is
probably one of the best sites to put something like this if you're going to do it.
Because right now, it's usually open in that area but for the actual number count,
I don't think they're going to increase the numbers of cars in and out of there.
Bird: In your expert opinion then, knowing traffic much better than I do, the inside
of the, the way it's located the in and out and the inside traffic do you see it
causing - That was my concern was it causing congestion inside the parking lot
with the gas kiosk.
Gordon: Mr. Mayor; Councilman Bird. I spend a lot of time at Fred Meyers, also a
lot of money but we get gas at the Chevron station, then come in the back side of
Fred Meyers and I park on that side and we get bagels at the bagel shop. I don't
think that it's going to interfere with any of those businesses any more than what
they have right now. The actual, there is no pedestrian traffic that I can ever
Meridian City Council Meeting
May 1,2001
Page 49
recall in that area. Everybody drives to where they want to go. I don't have any
actual numbers but I can tell you our main problem is Locust Grove and Fairview.
Bird: Yeah.
Gordon: Not down there by D&B and where the Chevron is.
Bird: Thank you very much Chief. I have no more Mayor.
Corrie: I have a question. You haven't changed a thing the way it was presented
,to us the first time other than presentation. Why can't you move that either to the
west or center it? Could you not get the consent of everybody by moving it say to
the center rather than the area? Again, I am not convinced and it may come
down to me and you haven't shown me anything that was presented the first time
other than the traffic control.
Durkin: Let me tell you what was presented the very first time when this
application was first made it was here. Planning and Zoning said we think it's too
close to the, There's a lot traffic for this drive through here, and it's quick in and
outs. We want you to move it down to this entry. That was our first application,
their recommendation to you was to not approve it here but to approve it here.
Fred Meyer drew it and moved it down there, I think that there would be a
compromise to move it away from this driveway. This is a result of the Planning
and Zoning's two recommendations that it be moved here.
Bird: You wouldn't have a heartache moving it just a little bit?
Durkin: I wouldn't have a heartache moving it-
Bird: I'd feel a lot more comfortable because it would give us more clearance-
Durkin: You move it over to this parking row?
Bird: It would give us more clearance coming in and out and moving around
inside the parking lot off that drive in.
Corrie: Yeah. Again I'm just saying that if it comes down to me and you haven't
changed anything but the traffic count, you have to convince me to change my
mind if I was voting. But if you move it over where you don't have that
congestion, it's better. Still my personal opinion would be that if you move it
behind the other it's not going to make that much difference because if you're
doing it for the people that are shopping there now, they'll go either place. Now if
you come in off the street and do that. You know I don't have a hang up with
kiosks in the parking area but where you've got it now I do because it's not any
different than what was turned down by 3 others before. That's why I say, there
was 3 that turned it down and 1 that didn't vote. So, if you move it over where it
~ "'
, '
Meridian City Council Meeting
May 1,2001
Page 50
has the less congestion coming in and you're saying all the people that are going
to Fred Meyers is going to use that I wouldn't use it but I go to Fred Meyers all
the time. But I'm not going there to buy gas.
Durkin: Right.
Corrie: My interpretation would be if you move it over where you don't have the
congestion coming in there at least you've spread it out a little bit of coming in
and going out and for the people that's in the shopping center already it wouldn't
make that much difference, But now you say that the people around you have to
. :approve that, now did they approve this? Would they have to approve the other?
Durkin: They've approved this and I'm certain that they would approve moving it
over a full parking row that row to the west, having it move that distance.
Corrie: I can guarantee that we're going to get a whole bunch of requests if this
is approved and we've got to , we're looking at individual sites. One right now is
Albertson's already done it.
Durkin: Mr. Mayor, I'm disappointed that - we haven't changed the site plan that
you're looking at but we have given you correct answers and data. There were
questions at the Planning and Zoning, at the Council why is this important, I don't
know it's just important. Well, I've told you why it's important. I've done hundreds
of hours of research to give you the accurate correct answers. So from a use
standpoint it's important to have it in front it's important. But the Planning and
Zoning said get it away from McDonald's. That's where it is. I'm certain that Fred
Meyer, A Best and the other tenants would approve shifting it west a parking row
or so, getting it further away from that driveway. That would give Keith, alleviate
some of his concerns about the conflicts with Subway and I'm certain because
I've talked to all of the people that that would not be a problem.
Corrie: Okay. Well, you know where I'm coming from.
Bird: Mr. Mayor, they're not worrying about the shoppers that are already in Fred
Meyers buying gas, that gas thing there is to draw new people into Fred Meyer.
You know and it's a good marketing tool. Its becoming supermarkets are living off
from it. One nice thing about it, the one thing I will say on this, that we have that
we didn't have at the Albertson's that we turned down, not only is this a larger
parking lot but there is nothing out there that's built, a convenience, even though
they didn't have a convenience store of such, supposedly. They did have an
island out there where they took their money and stuff. It's a tough decision.
Durkin: Does Albertson's parking lot, is that contiguous with a residential zone?
Corrie: Yes.
, ,
Meridian City Council Meeting
May 1 ,2001
Page 56
(inaudible discussion amongst Council members)
Bird: Okay.
Corrie: Correct me if I'm wrong Mr. Attorney but this can be tabled until the next
meeting can it not?
Nichols: Yes Mr. Mayor it can.
Bird: At the same token we'd have to go through this whole thing again to be fair
to the Councilman that is missing.
Corrie: I agree.
Bird: Or he could review the minutes. I would have no problem with tabling but in
the same token this is kind of like that Touchmark thing it's been kicked around
for a year.
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I'm sitting here, everybody's looking at me (inaudible) I would make
a motion that we continue this until the 15th or whatever day it is.
Corrie: The 15th.
McCandless: It would give me chance to think about it and give Mr. Anderson a
chance to -
Bird: Look at it. Okay.
(inaudible discussion amongst Council members)
Bird: Okay. I will - and that is on the condition that Mr. Anderson gets the
minutes then? I would second that then.
Corrie: Okay. Motion's been made and seconded to table this until the 15th of
May to have Mr. Anderson read the minutes. Any further discussion? I have one.
Would you be available Larry in case he has some questions that come up, will
you be able to be here to answer?
Durkin: On the 15th? I certainly will.
Meridian City Council Meeting
May 1,2001
Page 51
Bird: yeah.
Durkin: Is it contiguous to the west with residential zone?
Bird: IT was on the -
Corrie: It was on the west side on the - the residential was on the west side and
also on the south side.
Durkin: I wouldn't be here tonight if that's what we were dealing with. This is a
, :different situation.
Bird: We're looking at different situations.
Corrie: Yeah and I'm just saying, okay. I think I've already made my point.
Durkin: For the record, when we built the building where TCBY is, there was a lot
of testimony and a lot of discussion from the people that lived directly across
Locust Grove. We took a lot of steps to insure the headlights weren't going to
shine their way and a lot of different things: Albertson's has to deal with that like
everyone else does but this is a different situation.
Corrie: Yeah, you don't need to worry about Albertson's (inaudible) -
Bird: Mr. Mayor.
Corrie: Yes, Mr. Bird.
Bird: I'd like to ask our staff if moving it, I mean I can probably buy it if they'll
move it over. Is that okay with you Shari, to move it to the west a little bit?
Stiles: Mr. Mayor and Council. The only thing about moving it to the west is they
don't know that anybody has had an opportunity to see that. I know that
McDonald's initially had a problem because it was on the other side.
Bird: You mean close to them?
Stiles: Yeah.
Bird: But we're only talking of moving it 50 feet probably. Would that be right
Larry?
Durkin: Maybe a little bit more,
Bird: Would it be more than that? (inaudible)
Meridian City Council Meeting
May 1,2001
Page 52
(inaudible discussion amongst Council members)
Stiles: I wouldn't have a problem with it provided that McDonald's gave some
kind of written confirmation that they didn't have any issues with the change.
Bird: Do you have any problems, do you think McDonald's would have any
problems with that Larry?
Durkin: Just from a legal standpoint, the requirement is to get the land - they're a
tenant, they're not an owner.
Bird: Oh, they are a tenant?
Durkin: They're a tenant. They rent from Rod Hagen so the requirement would
have to be from Rod Hagen because he's the one that has the - or A Best,
they're the in the letter I gave you.
Bird: Yes.
Durkin: But I have discussed it and I'm, so they're not going to be surprised. I'm
certain that they would be agreeable.
Bird: Do you have a scale - do you want to hit that and see where we're actually
moving it if we take out that other park, you've got an engineers scale on there.
Durkin: If we moved the canopy to this point right here, that would be 40 feet.
Bird: 40 feet?
Durkin: Yeah. That would allow this row to go back to where it is. There's still 3
rows between the canopy and McDonald's.
Bird: I definitely like that.
Durkin: That's an engineers scale on a prop board, I would encourage the word
approximately, no less than-
Corrie: You'd be a good lawyer too, you know that?
Durkin: I was just --- I don't want to misrepresent it. It could be 42.
Corrie: Somewhere in that vicinity?
Durkin: Yeah.
Corrie: Okay. Council, any other questions that you had at this point?
Meridian City Council Meeting
May 1,2001
Page 53
Bird: Mr. Mayor if I may - Cherie McCandless, does moving that over, does that
relieve some of your worries on the congestion and stuff after Chief Gordon? I
mean he relaxed my mind on the congestion a lot and that was my concern was
the congestion.
McCandless: Well, it might make it a little better Keith. However I'm just not
convinced of the need of it. We've got a service station very, very close to it. I
don't think people go to Fred Meyer to buy gas anyway. There's not going to be
people if they have one of these things down at Wal-Mart, people aren't going to
.go to Wal-Mart instead of Fred Meyer jut so they can get gas.
Bird: No, They're going to be there to buy gas and Fred Meyer hopes theylll
come shop there. The same thing Albertson's puts it in for. You've got certain
people that are going to go to Fred Meyers regardless whether they got gas or
not. Then you got other people that are questionable that if they can get their gas
from Fred Meyer right there it's a marketing tool.
McCandless: Sure it is.
Bird: But it's free enterprise and you know after the, I mean the Chief solved my
problem with congestion and then if they move it over that more than solves my
concern.
McCandless: I wasn't talking about congestion so much on Fairview as I was
inside the parking lot.
Bird: By moving it over we can get rid of that congestion inside because we have
a full 40 feet inside there in that lane if they move it over.
(inaudible discussion amongst Council members)
Durkin: That would be about 61 feet away from that driveway.
Bird: We could even make it (inaudible)
(inaudible discussion amongst Council members)
Corrie: They can go either way to get gas, go north or go south through there
right?
Bird: Yes.
Corrie: You've got more room in there. They're not using the parking that much
in front of it so hopefully even if you took that out, you've still got plenty of
parking, I mean if you had to do that.
Meridian City Council Meeting
May 1,2001
Page 54
Bird: The way I look at it is if you move it back 40 feet to the west, when you
come in you've got 40 feet there to play with where 2 cars can get in and out of
that thing and into the pumps and stuff. I just think it solves a big traffic jam up
there by moving it over and it relieves my. I'm like Cherie, at Fred Meyer I don't
see why we need a gas station there but if Fred Meyer thinks they do, that's free
enterprise.
Durkin: Well, they're in good company with the list on that second page of that
pop up article I gave you that lists all of the different companies that are doing
,this.
Bird: I didn't see them on there. Were they? Were they listed as Kroger?
Durkin: Yeah.
Corrie: I travel a lot and it's the coming thing. It's practically everywhere. We
know that. I'm not particularly against it, I'm just wanting to have the best safety
place for it, cars, people, pedestrians and then also have the kiosk for Fred
Meyers because we know the others are going to be asking for it. There's going
to be the same criteria as far as I'm concerned as I'm making for you. It's a safety
thing mainly here and I believe that if you move that over you've got a better
chance of having safer kiosk and you1re still serving the same purpose that Fred
Meyer and the people want around there by moving it. So, that's where I'm
coming from.
Durkin: I think that the record shows that it doesn't have any impact on any
adjoining or nearby residential areas, I think that's -
Corrie: But it might have in the safety factor for cars coming in and I know how
people drive but so do you.
Smith: Mr. Mayor.
Corrie: Yes.
Smith: May I ask a question?
Corrie: Yes. You certainly can.
Smith: Mr. Durkin, who approves the installation of underground fuel tanks in this
situation?
Durkin: I know the answer to that. There is, I want to say EPA-
(inaudible discussion amongst Council members)
Meridian City Council Meeting
May 1,2001
Page 55
Durkin: -- is it, either EPA or Department of Water Quality or-
Smith: IS it DEO?
(inaudible discussion amongst Council members)
Durkin: DEQ, that's it.
Smith: Are they the ones involved in inspection and approval of the installation?
. . Do they approve the plans?
Durkin: They approve the plans.
Smith: Okay. Thank you.
Bird: DEO is (inaudible)
Corrie: Okay.
Bird: I have no further questions finally.
McCandless: (inaudible)
Corrie: Okay. I think you pretty well know where I'm coming from so and I can't
make a motion but I'll certainly support whatever happens to come out.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would make a motion, we'll see if we get a second or not. I was one of the
most vocal against it the time before but I think that it has been, my concerns has
basically been taken care of if they will move it and my motion will show that this
conditional use permit - I move that we approve this Conditional Use Permit for a
gasoline facility for Fred Meyers gasoline facility by the Dakota Company at 1850
east Fairview with the condition that it moves to the west at least 40 feet and for
the attorney to draw up, I beg your pardon? At least 40 feet. And for the attorney
to draw up the proper papers.
Corrie: Okay. You heard the motion as made by Mr. Bird. IS there a second?
Okay. The motion then dies for lack of second. Is there another motion going to
be made?
De Weerd: This is interesting.
Meridian City Council Meeting
May 1,2001
Page 57
Corrie: Okay. That gives him a chance to not only read it but if he has to listen
or he wants to make any changes. Otherwise we're at a stalemate as you can
see and we're not going to get anything done tonight.
Durkin: I just want you to know that a man with better eyes and more experience
with a ruler measured and that line that I drew is 36 feet, I'm happy with the 40
feet.
Bird: It died anyway Larry.
'Corrie: Well, it may come back up again-
Bird: Yeah.
Corrie: Any further discussion? All those in favor of the motion say aye, Any
Abstains?
McCandless: Yes I do.
Corrie: Okay. Two ayes and we still have (inaudible) it passes for the 15th. Let
me check. You'll be up quicker, higher than you are tonight.
Request for City Water Service for Valley Ufe Community Chureh
and Westborough Subdivision at North Locust Grove Road and
Chinden Boulevard by Jim Jewett:
Corrie: Okay. Item No. 14-
Item 14.
De Weerd: If you would talk to you talk to McDonald's -
Corrie: I would suggest that yeah that you might want to be talking with
McDonald's. Yeah, thank you Tammy. Okay No. 14 is request for city water
service for Valley Life Community Church and Westborough subdivision at north
Locust Grove Road and Chinden Boulevard with Jim Jewett. Staff, Gary are you
on this one or staff whoever?
Smith: Mr. Mayor, Council members. This project is at the southwest corner of
Locust Grove and Chinden Boulevard. It's a water line that exists approximately
one half mile north of McMillan at the northwest corner of Viennawoods
subdivision.
Corrie: Okay.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meeting
May 1,2001
Page 58
Bird: What's your recommendation Gary? Put it out there and what?
Smith: Well, Councilman Bird, it's really a policy decision from the Council as to
what you want to do. We do not have the capacity for the water to serve this
project. Our well, our closest well is at Summerfield subdivision, which is at
Ustick and Locust Grove. I didn't run a hydraulic model on it but my guess is that
well is almost 2 miles away from this site. I would be surprised and maybe I
should just withhold statement until a hydraulic model was run of the subdivision
demand and see if that line had capabilities with the well out there to provide the
. :fire flow necessary for this subdivision.
Bird: But you've got a pretty good idea that it don't?
Smith: Well, typically we're locating our wells on a one mile grid in order to
provide a service of approximately a thousand residences per well.
Bird: What's our other alternative, like we did at the Catholic Church?
Smith: Well, it's not going to hold up. What we did at the Catholic Church, there's
no written agreement there. United Water has claimed that and they told us face
to face that that's where it's going to stay.
Corrie: Gary, I have a question on this Westborough subdivision. This is part of
the other site too isn't it?
Smith: What-
Corrie: Because they're making application to Ada County Planning people-
Smith: Yes.
Corrie: -- that United Water is going to do the private sewer and the water at the
same time so no matter what we do here, it's not going to make any difference to
what their application is to the county. We don't know what the county's going to
do yet and if we go ahead and say okay, we're going to give you water, it doesn't
guarantee us water on the other side, correct?
Smith: Doesn't guarantee us water on what?
Corrie: Getting the other side of the Westborough subdivision. They've already
made their application and said that they're getting the water from United Water.
Nichols: Mr. Mayor. A point of clarification. Mr. Jewett has applied for subdivision
approval from Ada County and in that application, at least in my initial review of it,
it would either have Meridian water or United Water for the water side but it has a
Meridian City Council Meeting
May 1,2001
Page 59
private sewer district for the sewer. My recommendation would be that you not
supply water to something that you need to oppose on the basis that it's in your
area of impact and it's asking that there be urban densities at the edge of the
area of impact. It is not contiguous and it is not annexable at this time. The sewer
district issue, the sewer is not proposed to be provided by United Water, it's
proposed by Quality Water Systems which is a Montana corporation. It is not
sewer provided by United Water. The Council will be asked to make a
recommendation to the county with regard to that subdivision and I expect that
staff will be preparing a report to submit to the Council on not only Westborough
but the Lee Center subdivision that's proposed in the south part of the area of
:impact. The Lee Center subdivision also proposes United Water plus Quality
Water Systems and they have the same engineer on both projects. It would be
very difficult to oppose the Westborough subdivision if that's what you choose to
do if you have granted a will serve request for water.
Corrie: Well stated. I wish I had said it -
Bird: Mr. Mayor,
Corrie: Mr. Bird: I agree with our attorney over here. He's a very smart man.
You know this independent sewer districts, you know we thought we had the
water thing out at the Catholic Church but evidently the only ones that had the
agreement was Meridian. We got totaled where we get, they weren't leaving. We
put a lot of money in our sewer plant to keep it up and to expand it. We went to a
lot of money with our surveys and I realize we probably are a little bit behind on
getting our sewer lines out. In the same token we have went to a lot of money,
our citizens have paid a lot of money, developers and stuff. 1 am absolutely
against any kind of sewer or water getting into our impact area period. Water and
sewer, what happens out there is like we're going to inherit one of these days a
sewer system at Kentucky Ridge that we probably don't want to inherit. We're
going to have to inherit it when we become in. I'm like the attorney, anything that
we can do, not that I want to stop our progress of getting our sewer lines out and
getting our water lines out and neither does the staff. But they've got to realize
we've got to do it and we've kept the wastewater treatment plant up and we're
not, you know it's staying ahead and everything and we spent lots of dollars to do
that, to do our impact area. I don't know, I'm really against anybody coming in
here and wanting to put in a sewer district. The Mayor is 100 percent right, Gary
and him and I were told face right blank that United Water would not object to
putting sewer systems in our deals all alone the water we know that. 1 would
make a motion that we turn down this request for city water services to Valley
Life Community Church and Westborough subdivision.
De Weerd: Second
Meridian City Council Meeting
May 1,2001
Page 62
McCandless: Yeah, I can do that.
Bird: She's taking care of it for you Chief.
De Weerd: No, I would call them. I just have 10 million other people to call.
McCandless: That's all rig ht, I'll -
Bird: Is it 6:00 Mayor that we're doing that? 6:00 Tuesday.
'McCandless: You might want to give me the phone numbers though because I'm
not sure I still have them.
De Weerd: I will copy this for you.
(inaudible discussion amongst Council members)
Corrie: Tell him there's no place for me to sign on that.
McCandless: There's no place for him to sign.
Bird: What's that?
De Weerd: So, Cherie you did the Citizens on Patrol?
McCandless: Yes, I did.
(inaudible discussion amongst Council members)
De Weerd: Now. This starts at 6 and it ends at 6:30?
Bird: No. We can start our workshop at 7:00 I think.
De Weerd: Oh, okay.
Bird: Well, I had my workshop sheet here and I had something for you on it.
De Weerd: Can you make sure the - well I'm calling all of the downtown
committee so I'll tell them that doesn't start until 7:00.
Bird: Well, then tell them to be here.
Berg: Our ordinance says 6:30.
Bird: Okay well, we'll start at 6:30 and we'll come in and -
Meridian City Council Meeting
May 1,2001
Page 60
Corrie: Motion's been made and second to deny the request for water service
on Valley Life Community Church and Westboruogh subdivision. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 15.
License Agreement with Nampa Meridian Irrigation District for the
Davis Drain:
.Corrie: Item No. 15 license agreement with Nampa Meridian Irrigation District
for Davis Drain. Gary is that yours or is that yours Bill?
Nichols: Mr. Mayor this is actually Mr. Kuntz's. This was a license agreement. We
can't explain why it didn't get to you before but it had to do with the tiling of the
Davis Drain. I can't remember which park it was in. Was it Tulley Park, Gary?
Smith: Chateau Park.
Nichols: Okay. The work has been done. It's long been buried and done and this
was essentially the same agreement as what had been agreed to by staff back in
1999 except that it's now changed to say that it has been done as opposed to will
be done.
Corrie: Okay. Does anybody have any questions on what was did?
Bird: No.
Corrie: Okay. I'll entertain a motion on the request for a license agreement to be
signed by the Mayor and attested by the City Clerk.
De Weerd: So moved.
Bird: Second.
Corrie: Any further discussion? Okay. All those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Okay.
Bird: Good time. Mr. Mayor if you don't have anything can I ask a question?
Corrie: Sure.
-:;:
Meridian City Council Meeting
May 1,2001
Page 61
Bird: The 8th , while all you guys are here, we're having that appreciation for all
our committees so if you could help Tammy and the Mayor out, if we miss
anybody please get to them on these committees. Tammy is getting hold of
everybody that she can but any of you department heads that have a committee
or we missed one let us know. We want to show our appreciation for all the free
time and all the stuff they put in to the city And that includes your building
committee, Chief, probably in the committee but the people that served on that if
you would invite them next Tuesday night-
De Weerd: (inaudible) Kenny have a-
Bird: And Kenny had a building committee, Give me time to get from one to the
other. You're worse than my wife.
De Weerd: Well, I have the police one. June gave me all the phone numbers.
Bird: Okay. Kenny you had a building committee didn't you? Would you get
Tammy the list so that she can get a hold of them, who was on your building
committee.
Bowers: That would be just about the whole department.
Bird: Well that's fine.
(inaudible discussion amongst Council members)
Bird: They did it on their own time. They didn't get paid for it. Correll did a lot of
work and didn't get paid for it.
McCandless: Keith, I've already issued an invitation to the COP units.
Bird: Okay.
De Weerd: Okay, so you've contacted all them?
McCandless: I've contacted all of them yes.
De Weerd: Okay.
Bird: Because Tammy needs to know.
De Weerd: Do you want to call the police station design committee? That would
be very helpful.
Bird: That's the one we just talked about.
Meridian City Council Meeting
May 1 ,2001
Page 63
Corrie: We'll start it and delay it for 30 minutes. They plan on being here
(inaudible)
Bird: 5:30 or 6:00?
Corrie: Yeah, I think it was 5:30.
Bird: Okay it's 5:30.
De Weerd: My God, come on you told me 6:00.
Corrie: Okay.
Bird: What have you been telling your people?
De Weerd: 6:00
Bird: That's good, we don't have to run them through it, we'll just run - No, 6:00
will be fine.
Corrie: 6:00 is fine. We can -
Bird: We'll be all right.
De Weerd: God.
Bird: On our planning session Mayor, on the 8th, we've got the Urban Renewal
area review and Cherry Lane Golf Course is on there, parks comp plan,
assessor's office, a discussion of copier expert comm proposal for services and
then we've got the discussion for flood zone ordinance.
De Weerd: And that will be just some small introductory-
Bird: And do you have anything you want to add? This is just a draft I had Will
give me.
Corrie: I didn't hear what they were, it's fine.
Bird: Have you got anything? I think we've got enough items on there.
Corrie: Oh, yeah, okay.
Bird: Just give that -
De Weerd: (inaudible) overview of discussion for the night?
Bird: No. Let's just-
Meridian City Council Meeting
May 1,2001
Page 64
De Weerd: That's between the Mayor and Ron.
Bird: That's between the Mayor and Ron. (inaudible)
De Weerd: The presentation for the 9th.
Corrie: Oh, yeah.
De Weerd: T ouch base on the -
Corrie: Ron's going to do the PowerPoint and we have other -
Bird: Okay. That's alii had Mayor.
Corrie: Okay. Anybody have anything else? I'll entertain a motion to-
Bird: Okay. (inaudible)
De Weerd: Hey, Mr. Mayor. Can we get an idea where we're at with the police
station?
Bird: We've got to get the financing first.
Corrie: We're going to. I'm gOing to call Mr. May and get the money ready for us
and then I guess-
Bird: We go from there.
Corrie: -- Bill, we're about what, a week away? (inaudible)
Nichols: Mayor, Members of the Council. The appeal time is 42 days from the
date the judge signed the order and I think that was the - she didn't sign until the
14th?
Bird: No. What day was it? What day did we go there? Will,
McCandless: The 5th.
Nichols: April 5 I think was the day of the hearing and I think she signed - I
thought the stuff was going to be there to her to sign the next day. It's 42 days
after that that it's not an appealable order any more. The 14-day period was
anybody that would ask for a new trial or a new hearing or a reconsideration and
that's long past.
Corrie: Okay.
[,
,
Meridian City Council Meeting
May 1,2001
Page 65
Bird: (inaudible)
Nichols: It's not going to happen.
Corrie: I'll get a hold of Mr. May tomorrow and then get the paperwork all ready.
Bird: We get in there and start doing some argument on the interest.
Nichols: Well, I think that what you want to do, as I understand it there needs to
. be a meeting and then -
Unidentified Speaker: With who?
Nichols: -- with by the way from Wells Fargo and beat up on them or excuse me
negotiate with them as to what the interest rates going to be.
Corrie: Okay. You let me know when it's available-
Bird: You just call Bud and tell him to be there.
Corrie: Then you'll be there so you can help me -
Bird: I'll help you aliI can.
Corrie: Okay.
Bird: I got some -
De Weerd: Will's shaking his head.
(inaudible discussion amongst Council members)
Corrie: So he wants the court to say everything is (inaudible) before he does it.
Bird: Well, then Mayor was right. Let's wait until (inaudible)
Nichols: That doesn't mean you can't get everything lined up ahead of time. Try
to find out where things are at. Find out what their proposed interest rate is and
all that stuff and try to have something you can go slam bang and it's done when
the 43rd day comes.
Bird: Have something on the 43rd day the Mayor can sign and you can attest,
Will.
Corrie: Okay, (inaudible) What I want to do in detail.
MeridJan City Council Meeting
May 1,2001
Page 68
De Weerd: Mr. Mayor.
Corrie: Yes.
De Weerd: I move that we adjourn.
Bird: I second.
Corrie: Motion's made and second. All in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
MEETING ADJOURNED AT 9:50 PM
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
BEFORE THE MERIDIAN CITY COUNCIL
d
'CS ~ J -0 I
~ ~t\
The above entitled annexation and zoning application havIU~ come on for public
INTHE MAlTER OF THE
APPLICATION OF LOCUST
GROVE APARTMENTS, LLC,
APPLICANT, AND L.C.
DEVELOPMENT, INC.,
OWNER, THE APPLICATION
FOR ANNEXATION AND
ZONING OF 11.764 ACRES FOR
PROPOSED LOCUST GROVE
PLACE, LOCATED ON THE
WEST SIDE OF LOCUST
GROVE AND 740 FEET SOUTH
OF FAIRVIEW, MERIDIAN,
IDAHO
CjC 04-03-01
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Case No. AZ-Ol-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
hearing on Apri13, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant were
Anna Powell and Lee Centers, and appearing with comments andj or concerns was
Richard Livingston, and the City Council having duly considered the evidence and the
record in this matter therefore makes the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-OI-002)
Page 1
c
was published for two (2) consecutive weeks prior to said public hearing scheduled for
April 3) 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
p.qsted 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 April 3) 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 r r 67-6509 and 67-6511) and Meridian City Code I r 11-15-5 and 11-
16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all current
zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ordinance No. 629) January 4,1994, and maps and the ordinance
establishing the Impact Area Boundary.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as if
set forth in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 2
5. The property is approximately 11.764 acres in size and is located on the
west side of Locust Grove Road, south of Fairview. The property is designated as Locust
Grove Place.
6. The owner of record of the subject property is L.C. Development, Inc., of
Meridian, Idaho.
7. Applicant is Locust Grove Apartments, LLC of Meridian, Idaho.
8. The property is presently zoned by Ada County as RUT, and consists of a
large residential lot.
9. The Applicant requests the property be zoned as a combination of R-40
and C-G.
10. The subject property is bordered to the north and east by Ada County and
to the south and west by the city limits of the City of Meridian.
11. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: subdivide property into a planned development of commercial and residential
lots.
14. The Applicant requests zoning of the subject real property as R-40 and C-
G which is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed Use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 3
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. 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
irnpose expense upon the public if the following conditions of development are imposed,
and with the exception of the zoning of C-G for the commercial lots which is
recommended to be C-C subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
16.1 A Development Agreement shall be required as a condition of annexation.
16.2 The requested C-G zone for Lots 1-5 and 7-9, Block 1, shall be down-zoned
to a C-C zone. Note: Applicant has agreed to this zoning.
16.3 The requested R-40 zone for Lot 6, Block 1 shall be capped with a
maximum of 20 d.u./acre as a condition ofthe Development Agreement.
16-4 The Development Agreement shall restrict the otherwise permitted C-C
zone uses listed below:
a. Automobile Washing Facilities
b. Convenience Stores
c. Department Stores
d. Entertainment Centers
e. Restaurants
The City Council shall allow a restaurant on Lots 7 and 8
without re-submittal of a Conditional Use Permit, a restaurant
be restricted from Lots 2 and 3, and a restaurant be allowed on
Lots 4 and 5 with re-submittal of a Conditional Use Permit.
16.5 Hours of Operation: No details of hours of operation for the commercial
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
lots was provided in the application. If annexation and zoning of the
commercial zoning is approved, all future commercial uses in Lots 1-5 and
7-9 shall be limited to hours of operation of 7:00am to 10:00pm, or as
otherwise determined by the Commission and Council.
16.6 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13, except the Jackson Drain shall be left
open to retain its natural features. Plans shall 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
Depmtment.
16.7 Any existing domestic wells and/or septic systems within this project shall
have to be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.8 Two-hundred-fifty- and 100-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. Typicallocations
are at street intersections and/or fire hydrants.
16.9 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
16.10 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
16.11 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
COrd. 557,10-1-91) for all off-street parking areas in the proposed future
commercial lots. All site drainage shall be contained and disposed of on-
site.
16.12 All signage in the proposed future commercial lots 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.
16.13 Provide-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
16.14 All construction shall conform to the requirements of the Americans with
Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 5
17. It is found that ifthe developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-
parts, the economic welfare of the City and its residents and tax and rate payers will be
protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained in
a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use will
not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future neighboring
uses, particularly considering the impact of proposed development on potential to
produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as High Density
Residential District (R-40) and Community Business District (C-C) requires connection
to the Municipal Water and Sewer systems and will be compatible with the Applicant==s
development intentions, and will assure that the zoning is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject property
as Mixed Use.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 6
Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the subject
application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20-4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are balanced
to insure that revenues pay for services and that the Urban Service
Planning Area is visually attractive, efficiently managed and clearly
identifiable.
20.6 Compatible and efficient use ofland through innovative and functional site
design is achieved by applying the criteria of the Comprehensive Plan and
the zoning ordinance of the City to the subject application.
21. The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANfING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 7
Idaho Code Section 50-222. The Meridian City Code I 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set forth
in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by ALocal Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of >Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 1994.=
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and programs.
4.2 To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the
provision of services and the distribution of new housing
units within the Urban Service Planning Area.
4.3 To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency
for existing and future residents, reduces the present reliance
on Boise and strengthens the City's ability to finance and
implement public improvements, services and its open space
character.
4-4 To provide housing opportunities for all economic groups
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-OI-002)
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural, educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through the
use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4B. The sections of the Comprehensive Plan that most directly apply to the
proposed project are as follows:
Land Use Chapter
1.4U - Encourage new development that reinforces the City's present
development pattern of higher density development within the Old Town
area and lower density development in outlying areas.
1.SU - Promote the development of high-quality and environmentally
compatible residential areas that contain the necessary parks, schools and
commercial facilities to maintain and form identifiable neighborhoods.
2.1 U - Support a variety of residential categories (urban, rural, single-family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing
opportunities.
2.2 U - Support strategies for the development of neighborhood parks within
all residential areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 9
2.3U - Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its quality of
life for residents.
2.5U - Encourage compatible infill development that will improve existing
neighborhoods.
6.8U - New urban density subdivisions which abut or are proximal to
existing rural residential land uses shall provide screening and transitional
densities with larger, more comparable lot sizes to buffer the interface
between the urban level densities and rural residential densities.
Natural Resources and Hazardous Areas
1.1 U - Identify and protect areas with special characteristics such as stream
corridors, canals, and wetlands.
2.lU - Development along major drainage ways will be restricted to ensure
that development does not cause additional ground or surface water
contamination.
3.lU - Manage and prevent unsuitable uses along drainageways and protect
the flood plains of creeks and drains.
Transportation
IAU - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure
their safety and tranquility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 10
Open Space, Parks and Recreation
2,5U - New subdivision development... will be considered as opportumtles
to., ,Encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing
1.1 - ... provide for a wide diversity of housing types... in a variety of locations
suitable for residential development.
1.4 - The development of housing for all income groups close to employment and
shopping centers shall be encouraged.
1.6 - Housing proposals shall be phased with transpOltation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and park facilities, and near major
access thoroughfares.
Community Design Chapter
5.2 - Ensure that all new development enhances rather than detracts from
the visual quality of its surroundings, especially in areas of prominent
visibility .
6.uU - Promote well-planned and well-designated affordable housing in all
Meridian neighborhoods.
5. The zonings of High Density Residential District (R-40) and Community
Business District (C-C) are defined in the Zoning Ordinance at I 11-7-2 F and I as follows:
(R-40) High Density Residential District: The purpose of the R-40 District is
to permit the establishment of high density residential uses at a density not
exceeding forty (40) dwelling units per acre. Connection to the Municipal water and
sewer systems of the City is required.
fC-C) Community Business District: The purpose of the C-C District is to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 11
permit the establishment of general business uses that are of a larger scale than a
neighborhood business, and to encourage the development of modern shopping
centers with adequate off-street parking facilities, and associated site amenities to
serve area residents and employees; to prohibit strip commercial development and
encourage the clustering of commercial enterprises. All such districts shall have
direct access to a transportation arterial and collector and be connected to the
Municipal water and sewer systems of the City.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a possible mixed
use development.
7. Since the annexation and zoning ofland is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho
Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply with
the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which
pertains to development time schedules and requirements; Section 12-4-13, which pertains
to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation
systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part
as follows:
If property is annexed and zoned, the City may require or permit, as a condition of
the zoning, that an owner or developer make a written commitment concerning the
use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. Unless the commitment is modified or
terminated by the City Council, the commitment shall be binding on the owner of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 12
parcel, each subsequent owner, and each other person acquiring an interest in the
property. A commitment is binding on the owner of the property even if it is
unrecorded; however, an unrecorded commitment is binding on subsequent owners
and each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual notice
of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 11.764
acres to High Density Residential District (R-40) and Community Business District (C-C) is
granted subject to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 11.764 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions ofthe City of Meridian Resolution No. 158.
The legal description for annexation must place this parcel contiguous to the Corporate City
Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, with the exception of the zoning of C-G for the commercial
lots which is recommended to be C-C subject to the following, to-wit:
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 APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 13
('
3.1 A Development Agreement shall be required as a condition of annexation.
3.2 The requested C-G zone for Lots 1-5 and 7-9, Block 1, shall be down-zoned
to a C-C zone. Note: Applicant has agreed to this zoning.
3.3 The requested R-40 zone for Lot 6, Block 1 shall be capped with a
maximum of 20 d. u./ acre as a condition of the Development Agreement.
3.4 The Development Agreement shall restrict the otherwise permitted C-C
zone uses listed below:
a. Automobile Washing Facilities
b. Convenience Stores
c. Department Stores
d. Entertainment Centers
e. Restaurants
The City Council shall allow a restaurant on Lots 7 and 8
without re-submittal of a Conditional Use Permit, a restaurant
be restricted from Lots 2 and 3, and a restaurant be allowed on
Lots 4 and 5 with re-submittal of a Conditional Use Permit.
3.5 Hours of Operation: No details of hours of operation for the commercial
lots was provided in the application. If annexation and zoning of the
commercial zoning is approved, all future commercial uses in Lots 1-5 and
7-9 shall be limited to hours of operation of 7:00am to 10:oopm, or as
otherwise determined by the Commission and Council.
3.6 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13, except the Jackson Drain shall be left
open to retain its natural features. Plans shall 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.
3.7 Any existing domestic wells and/or septic systems within this project shall
have to be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
3.8 Two-hundred-fifty- and loo-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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-01-002)
Page 14
3.9 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
3.10 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
3.11 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 in the proposed future commercial lots. All
site drainage shall be contained and disposed of on-site.
3.12 All signage in the proposed future commercial lots 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.
3.13 Provide-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
3.14 All construction shall conform to the requirements of the Americans with
Disabilities Act.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R -40) High Density Residential District and (C-C)
Community Business District, and Meridian City Code I 11-7-2 F and L
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code I 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW..
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 15
Meridian. Pursuant to Idaho Code I 67-6521 an affected person is a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
annexation and zoning and who may within twenty-eight (28) days after the date of this
decision and order seek 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
19-t
day of
VVL~
,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)
DATED: 5-1-01
VOTED
-0;--
MOTION: ~
APPROVED: r. DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-Q1-002)
Page 16
Bydlaft~.k~ 9.
lty Clerk
Dated:
Z:\ Work\M\Meridian \Meridian 1536oM\Locust Grove Place AZ PP CUP\AZFindingsClsOrder.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE AP ARTMENTS1 LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-01-002)
Page 17
J!(
.... . . ""CORDED - REQUEST OF
JK)If a>wrtY Er.cDROERAn( --rJ" Uk () f11 n-/hS
J ~~~=RO (Yui~ FEE';&=OEPUTY +:J.~ y i
lCi:i MY 1t3 PM~: 17 I 0 I 04 8097
{1FfJ6~
This sheet has been added to document
to accommodate recording information.
APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT - TOUCHMARK
OF THE TREASURE VALLE~ L.L.C. (MAY 1,2001)
APRIL 2001 ADDENDUM
TO DEVELOPMENT AGREEMENT
The following is an April 2001 Addendum to that certain Development Agreement by
and between the City of Meridian and Touchmark of the Treasure Valley, L.L.c., an
Orego!l Limited Liability Company, which Development Agreement is dated the
I :rp day of )J1 cliO-I , ;Zoo I , and this Addendum
. . entered into this 15"'7 day of jJ1tl C/ , 2001, specifically is subsequent to
,the entering into bf the original Developrlfent Agreement. This Apri12001 Addendum
specifically pertains to the Phasing Plans One through Five.
1. This is a summary of the phasing plan drawing for the Touclunark of the
Treasure Valley (TTV) Project off Franklin Road east of Eagle Road in the City of
Meridian, Idaho. It is a supplement to the Development Agreement with the
City of Meridian to indicate the extent of the work in Phase One and to address
the probable areas of impact in the subsequent phases. Market related forces will
dictate the actual phasing which will be addressed in subsequent CUP
processing for each phase of development. The illustrated first phasing is in
substantial agreement with the original plans in content, although some of the
improvements and housing locations have been modified to address
construction and marketing issues.
In general the phasing plan presented below indicated the area of work for each
phase along with those specific items addressed by the City of Meridian as
'requirements [R]' for development. Those items deemed requirements of the
City are designated to be, required to be bonded, prior to receipt of building
permits and completed prior to occupancy. Certain items are identified as
'prerequisite items [PI]' to be completed prior to receipt of building p~rmits (for
life safety issues). Other items of non-priority may not require any special
treatment [NP]. The following items are anticipated to be included in the each
designated phase of TTV. .
Items that must be completed before issuance of Building Permits for cottages
and main building are in Red and Pink on the attached Drawing A.
Items that must be completed before issuance of a Certificate of Occupancy for
first cottage are in, Blue, Green, Brown and Orange, on the attached Drawing
B.
PHASE ONE-Begin in May 0(2001, Completion in Summer 0(2002
April 2001 Addendum
1
1. Construction Road from Franklin Road to the Phase One construction area. This
consists of a 20-foot wide, minimum, all weather oiled access road and turn -
arounCl to the Phase One area. [PI]
2. Domestic water main line installation from near well at St. Lukes to Phase one.
This is a 12" water line from the St. Luke's connection point near the well at St.
Luke's over an easement dedicated by St. Luke's to the city of Meridian, entering
the Touchmark property at Street "C", in Street "C", through Roundabout "2"
and Street" A" to the west end of" A" Loop, traveling south and east in 1/ A" Loop
to "D" Street, south .on "D" street to and in Cul-de-sacs "E","F" and "G". [PI]
3. Domestic water main line installation from the current locations in Franklin Road
to Phase One. This will include 12/1 waterlines in Street" A" to Roundabout
1/2".[R]
4. Domestic Water and Sanitary Sewer in Street 'B'. [R]
5. Sanitary Sewer main line extension from the end of the line just west of the St.
Luke's well to' A' Loop, ~ A' Loop, Street 'D', and Cul-de-sacs 'E', 'F', & 'G'. [PI]
6. Franklin Road and Street' A' Intersection-Widening & Signal. [R]
7. Franklin Road at Street' A' Landscape on Franklin, 200-feet each side of Street' A'.
[R]
8. Street' A' construction, base, asphalt & landscaping, from Franklin Road to the
Roundabout '2' (public street)(R]
9. Street' A' construction from Roundabout '2' to' A' Loop, 'A' Loop, Street 'D' to
construction road on west. Street "D" to and including Cul-de-sacs 'E', 'F', & 'G'
on the east. (private street). [RI
10. Street 'B' construction of base, asphalt & landscaping from Roundabout '1' to
Montvue Subdivision property line (public street). [R]
11. Street 'C' construction from Roundabout '2' to the intersection of Street 'I' at
Roundabout '4', and Street 'I' from Roundabout '4' to Street 'D', (private street).
[R]
12. Installation of the 1-84 berm, landscaping and fence behind Phase One from
easterly boundary to Barker Lateral. [R]
13. Pressure Irrigation Pumping Station and distribution system. [R]
14. Master Grading for Phase One. [NP]
15. Public utilities along Street' A', 'A' Loop, Street 'D', and Cul-de-sacs 'E', 'F', & 'G'.
[R]
16. Rerouting of the gravity irrigation and drainage facilities within Phase One. [NP]
17. Construction of the recreational facilities area within' A' Loop. [NP]
18. Construction of the north one-half of the main facility building and landscaping.
[NP]
19. Construction of 52 cottage and patio home units arid landscaping in Phase One.
[NP]
20. Construction of Maintenance Building and Storage area. [NP]
21. Street base installation Street 'D' from construction road to Cul-de-sacs 'E'. [R]
22. Construction of fence between Phase I and Ridenbaugh Canal. [R]
April 2001 Addendum
2
PHASE TWO-Begin in the Summer 0(2003, Completion in 2007 [estimatedl
1. Installation of domestic water distribution system and sanitary sewer collection
system in, Street 'H' and Cul-de-sacs to Phase Two cottages and patio homes.
[PI]
2. Construction of the street base for the Phase Two Cul-de-sacs. [PI]
3. Street 'H' from' A' Loop to Franklin Road. [R]
4. Franklin Road and Street 'H' Intersection-Widening & Signal. [R]
5. Franklin Road at Street 'H' Landscape on Franklin, 200-feet each side of Street
'H'. [R]
6. Installation of the 1-84 berm and landscaping behind Phase Two. [R]
7. Landscaping along Franklin adjacent to Phase Two. [R]
8. Master Grading Plan for Phase Two. [NP]
9. Rerouting of the gravity irrigation and drainage facilities within Phase Two. [R]
10. Public Utilities along Street 'H' and Cul-de-sacs in Phase Two. [R]
11. Construction of the south one-half of the main facility building and landscaping.
[NP]
12. Construction of cottage and patio home units and landscaping in Phase Two.
[NP]
13. Construction of the commercial building under separate CUP's. [NP]
PHASE THREE-Begin in the Summer 0(2006, Completion in 2009 [estimated]
1. Installation of domestic water distribution system and sanitary sewer collection
system in Street 'J', and Cul-de-sacs to Phase Three cottage and patio home units.
[PI]
2. Construction of the street base for the Phase Three Cul-de-sacs. [PI]
3. Construction of Street T (public) from Roundabout '3' to easterly boundary of
site. I [R]
4. Landscape on Franklin adjacent Phase Three. [R]
5. Master Grading for Phase Three. [NF]
6. Rerouting of the gravity irrigation and drainage facilities within Phase Three.
[NP]
7. Public Utilities along Street 'H' and Cul-de-sacs in Phase Three. [R]
8. Construction of cottage and patio home units and landscaping in Phase Three.
[NP]
PHASE FOUR-Begin in Summer of2008, Completion in 2011 [estimated1
1. Installation of domestic water distribution system and sanitary sewer collection
system in Cul-de-sacs to Phase Four cottage and patio home units. [PI]
2. Construction of the street base for the Phase Four Cul-de-sacs. [PI]
April 2001 Addendum
3
3. Landscape on Franklin adjacent Phase Four. [R]
4. Master Grading for Phase Four. [NP]
5. Rerouting of the gravity irrigation and drainage facilities within Phase Four.
[NP]
6. Public Utilities along Cul-de-sacs in Phase Four. [R]
7. Construction of cottage and patio home units and landscaping in Phase Four.
[NP]
PHASE FIVE-Begin in Summer 0(2010, Completion in 2012 (estimated1
1. Installation of domestic water distribution system and sanitary sewer collection
system in Phase Five. [PI]
2. Construction of the street base for the streets and Cul-de-sacs. [PI]
3. Landscape on Franklin adjacent Phase Five. [R]
4. Master Grading for Phase Five. [NF]
5. Rerouting of the gravity irrigation and drainage facilities within Phase Five. [NP]
6. Public Utilities along Cul-de-sacs in Phase Five. [R]
7. Construction of cottage and patio home units and landscaping in Phase Five.
[NP]
2. The parties hereto agree that development of the above described real property shall
be in accordance with the terms of the above described Development Agreement, or
those City ordinances in effect at the time any subsequent conditional use
application is filed, whichever are more restrictive. For example, since the date of
the original Development Agreement, the City has adopted a new Landscape
Ordinance and a new Sign Ordinance. Any development requiring additional
conditional use permits shall be developed in compliance with said Sign Ordinance
and said Landscape Ordinance, notwithstanding the fact that the original
Development Agreement incorporated lesser development standards.
3. That "Owner" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de-annexation if the "Owner", or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, the Development AgreeJ.I'!.ent and this April 2001 Addendum to
Development Agreement, and any new Ordinances of the City of Meridian as herein
provided.
4. This April 2001 Addendum shall be binding upon and inure to the benefit of the
parties' respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This April 2001
Addendum shall be binding on the "Owner" of the "Property", each subsequent
owner and any other person(s) acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions
April 2001 Addendum
4
thereof, except that any sale or alienation shall be subject to the provisions hereof
and any successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owner", to execute appropriate and recordable evidence of termination of this
Addendum if "City", in its sole and reasonable discretion, had determined that
"Owner" has fully performed its obligations under this Addendum.
5. If any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum and
the invalidity thereof shall not affect any of the other provisions contained herein.
6. This Addendum sets forth all promises, inducements, agreements, condition and
understandings between "Owner" and "City" relative tot he subject matter hereof,
and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Addendum shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or their
assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
6.1 Except as herein provided, no condition governing the uses and/ or
conditions governing development of the subject "Property" herein
provided for can be modified or amended without the approval of
the City Council after the "City" has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning
designation and/ or amendment in force at the time of the proposed
amendment.
7. This April 2001 Addendum shall be effective as of tne date herein above written.
April 2001 Addendum
5
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties shave herein executed this addendum and
made it effective as hereinabove provided.
TOUCHMARK OF THE TREASURE V ALLEY, L.L.c.,
an Oregon limited liability company
BY;~ /D ~
Werner G. Nistler, Jr., President
ATTEST:
BY: CkJM7~DI ~
CITY OF MERIDIAN
BY:
M
~;J n> veeL. 6Cj (J{~ ee,u-.n 6Zt S----( ;;--0 I
ATTEST:
. 0EAL
~ Yv. P ".
::;. ,q C;)J :::
% 1h.~/&'r lS"t..... . -9 :;~.
~"., ""'I ' ~ .-'.'
......."z CAt ~~-r'l \\) >.,....'
"::). ....lJ:'~, . .,...,
ill'", . .', .\'i'"
"'fJi.)'::~l. '
April 2001 Addendum
6
STATE OF OREGON,)
County of J";oiJu'1j~ ss:
On this :1..?r day of Mo::J ,2001, before me, the
undersigned, a Notary Public, personally appeared Werner G. Nistler, Jr., President, of
Touclunark of the Treasure Valley, L.L.c., an Oregon limited liability company, known
or identified to me to be the persons who executed the instrument and acknowledged to
me that they did execute the foregoing instrument on behalf of said corporation.
(SEAL)
cL- ~1'\.L A ). &m.>>u
Notary Public for Oregon
Residing at: ().)~~ ~
Commission expires: }()13J}o~
_OFFICIAL SEAL
CHRISTINE N. BRAVO
\) NOTARY PUBLIC-OREGON
", .... COMMISSION NO. 328652
MY COMMISSION EXPIRES OCT. 31,2003
STATE OF IDAHO,)
: ss:
County of Ada, )
On this 15 day of ~~ ' 2001, before me, the
undersigned, a Notary Public, personally appeared Robert D. Corrie and William G.
Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of
the City of Meridian, who executed the instrument or the persons that executed the
instrument on behalf of said City, and acknowledged to me that such City executed the
same.
..0"'-_....
o.~ ~:.X?:G -..
~~ ~/ 0 TA ;::-q~..
Or..~' ~ '-..y J.' ...
.. '""'1-' ..... or" \ ...
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O'.;..:rOFIP~;+
b",...ft"''''
NOffiI~
Residing at: htPM ctLCVV\.. 1.b
Commission expires: q - 2b--6h
(SEAL)
z: \ Work \ M\ Meridian \ Meridian 15360M\ Touclunark Living Centers \ APRIL 2001 ADDEDNUM.doc
April 2001 Addendum
7
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. ,.,.1'\, RECORDED - REQUE:~.!.OF
ADA COUNTY RECORDER · A art _. In 9: DK'fi7(,
J. ~~~.~6X~~Rwr~ .. fEE~PUTY . C~ ::F '...J
,Z301 MY 18 PM 4: 11 1 0 1 0 [; 8098
7 Fff>'
This sheet has been added to document
to accommodate recording information.
APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT - ST. LUKE'S
REGIONAL MEDICAL CENTER (APRIL 24, 2001)
APRIL 2001 ADDEDNUM
TO DEVELOPMENT AGREEMENT
The follovving is an April 2001 Addendum to that certain Development Agreement by
and between the City of Meridian and St. Luke's Regional Medical Center, which
Development Agreement is dated the z.-, day of Yvltvl~ ,
1-00D , and this Addendum entered into this 24+~ day of
J1-pri L , 200 I, specifically is subsequent to the entering into of the
original Development Agreement.
1. The follo"Ning described property is hereby included in the real property
subject to the above referenced Development Agreement:
A parcel of land located in the NW Y4 of Section 16, Township 3 North, Range
I East, Boise Meridian, Ada County, Idaho, being more particularly described
as follows:
Commencing at the northwest comer of Section 16, Township 3 North, Range
1 East, Boise Meridian; Thence S 89028'47" E 1353.13 feet along the north
line of said NW Y4 to a point; Thence S 00021'56" E 1327.43 feet to the REAL
POINT OF BEGINNING of this description;
Thence S 89026'11" E 336.71 feet to a point;
Thence S 0002 I '56" E 1303.14 feet to a point on the northerly right-of-way of
1-84;
Thence N 85044'30" W 337.77 feet along said northerly right-of-way to a
point;
Thence N 00021'56" W 1281.37 feet to the REAL POINT Of BEGINNING of
this description; comprising 9.99 Acres (435,065 SF), more or less.
AND
A parcel of land located in the NW 1/4 of Section 16, Township 3 North, Range
I East, Boise Meridian, Ada County, Idaho, being more particularly described
as follows:
April 200 I Addendum
I
Commencing at the northwest corner of Section 16, Township 3 North, Range
1 East, Boise Meridian; Thence S 89028'47" E 1353.l3 feet along the north
line of said NW l/4 to a point; Thence S 0002 I '56" E 1327.43 feet TO A
POINT;
Thence S 89026'11" E 336.71 feet to the REAL POINT OF BEGINNING of
this description;
Thence S 89026'11" E 63.34 feet to a point;
Thence S 44054'04" E 430.35 feet to a point;
Thence S 00000'00" E 1024.38 feet to a point on the northerly right-of-way of
1-84;
Thence N 8S044'30" W 359.79 feet along said northerly right-of-way to a
point;
Thence N 00021 '56" W l303.14 feet to the REAL POINT OF BEGINNING
of this description, comprising 9.90 Acres (43l ,257 SF), more or less.
2. The parties hereto agree that development of the above described real property
shall be in accordance with the terms of the above described Development
Agreement, or those City ordinances now in effect, whichever are more
restrictive. For example, since the date of the original Development
Agreement, the City has adopted a new Landscape Ordinance and a new Sign
Ordinance. Any development upon the 20 acre parcel shall be developed in
compliance 'With said Sign Ordinance and said Landscape Ordinance,
notvvithstanding the fact that the original Development Agreement
incorporated lesser development standards.
3. That "Owner" agrees to abide by all ordinances of the City of Meridian and
the "Property" shall be subject to de-annexation if the "Owner", or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of
Fact and Conclusions of Law, the Development Agreement and this April 200 I
Addendum to Development Agreement, and any new Ordinances of the City
of Meridian.
4. This April 2001 Addendum shall be binding upon and inure to the benefit of
the parties' respective heirs, successors, assigns and personal representatives,
including "City's" corporate authorities and their successors in office. This
April 200 I Addendum shall be binding on the "Owner" of the "Property", each
April 200 I Addendum
2
subsequent owner and any other person(s) acquiring an interest in the
"Property". Nothing herein shall "in any way prevent sale or alienation of the
"Property", or portions thereof, except that any sale or alienation shall be
subject to the provisions hereof and any successor owner or owners shall be
both benefitted and bound by the conditions and restrictions herein expressed.
"City" agrees, upon written request of "Owner", to execute appropriate and
recordable evidence of termination of this Addendum if "City", in its sole and
reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Addendum.
5. If any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This Addendum sets forth all promises, inducements, agreements, condition
and understandings between "Owner" and "City" relative tot he subject matter
hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between "Owner" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Addendum shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, -with respect to "City", to a
duly adopted ordinance or resolution of "City".
6.l No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the "City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed
amendment.
7. This April 2001 Addendum shall be effective as of the date herein above
written.
April 200 I Addendum
3
ACICNO~EDGEMENTS
IN WITNESS WHEREOF, the parties shave herein executed this addendum
and made it effective as hereinabove provided.
SAINT LUKE'S REGIONAL MEDICAL CENTER,
LTD.
BY:
Ga L letcher, Executive Vice-President
ATTEST:
CITY OF MERIDIAN
BY:
M YOT Robert D. Corrie
~/jPYoved- 6:1 CiJy Co6vncZe f;--t~-tJ(
ATTEST:
::
;;:
April 2001 Addendum
4
STATE OF IDAHO,)
ss:
County of Ada. )
On this ~4 day of flpJuJ- , 200 I, before me, the
undersigned, a Notary Public, personally appeared Gary 1. Fletcher, known or
identified to me to be the Executive Vice-President of St. Luke's Regional Medical
Center, Ltd., an Idaho non~profit corporation, who executed the instrument on behalf
of said nonwprofit corporation, and acknowledge to me having executed the same.
(SEAL)
"""""""
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it"" I'll OF \~ ~ ".~....
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t.,......,.,
Notary p~c~~~
Residing at: &1 U J
Commission expires: au ~ . / f; (JootJ
..
STATE OF IDAHO,)
: ss:
County of Ada. )
On this OZ" day of ().rL.. -~ (l , 200 I, before me, the
undersigned, a Notary Public, ~appeared Carolyn E. Terteling, known or
identified to me to be the Secretary of St. Luke's Regional Medical Center, Ltd., an
Idaho non-profit corporation, who executed the instrument on behalf of said non-
profit corporation, and acknowledge to me having executed the same.
(SEAL)
April 200 I Addendum
b~~
Notary Public t r.Idaho
Residing at: ~
Commission expires: tl/~ . i rt! 2OO,C;-
5
STATE OF IDAHO,)
ss:
County of Ada, )
On this 16 day of Vlrttuj , 200 I, before me, the
undersigned, a Notary Public, personally appeared Robert D. Corrie and William G.
Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of
the City of Meridian, who executed the instrument or the persons that executed the
, instrument on behalf of said City, and acknowledged to me that such City executed
,the same. ........
.'" "C1 tI 'l'.
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~. ~/OTA >-->:!.tP~
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"00' .,..A1.. ~ ~.......
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~ \ / : Notary P c D daho
o \ / IiI1 \.0"1,,.., " ... A' _t '. i-I
o..~~'Zom.1S/o o. Residing at: r , UY'VLOI..A-~ 0\
..1!iOFio~.. Commission expires: q-2b -Db
0.......
(SEAL)
Z:\Work\M\Meridian\Meridian 1 5360Ivf\StLukes\APRlL 2001 ADDEDNUM,doc
April 2001 Addendum
6
April 27, 2001
CUP 01-003
MERIDIAN CITY COUNCIL MEETING
APPLICANT B & A Engineers
May 1,2001
ITEM NO.
3-C
REQUEST Conditional Use Permit for a l80-unit apartment complex and a planned development
in proposed R-40 and C-G zones for proposed Locust Grove Place - west side of Locust Grove
Road and south of Fairview Avenue
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See previous Item Packet
v~ ~ j^-!'1J
OufF
}5
rf~
a~
Contacted: Joseph Canning
Date:
4/27/01
Phone: 343-3381
Materials presented at public meetings shall become property of the City of Meridian.
April 27, 2001
P POl -004
MERIDIAN CITY COUNCIL MEETING
APPLICANT J-U-B Engineers
May 1,2001
ITEM NO.
3-D
REQUEST Preliminary Plat approval of 11 building lots and 2 other lots on 20.26 acres in an R-8
zone for proposed Murdoch Subdivision No.2 -- east of Locust Grove Road, south of Medimont
No.2
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: Matt Schultz
See attached Findings
~~
Date:
4/27/01
Phone: 376-7330
Materials presented at public meetings shall become property of the City of Meridian.
/
t 'T;'t ('(~ r'\. iT:;' 0
r(.t!A i.J )!:J..11o iJ ,JL~.~. ~::. .)
AI 23
interoffice
MEMORANDUM
-
tift}: 9,t Me:ttdian
SUy stelK Ollies
To:
William G. Berg, Jr~)
Wm. F. NiChOl~
Howell-Murdoch Development for Murdoch Subdivision No.2! PP Findings of
Fact and Conclusions oflaw and Order of Conditional Approval of Preliminary
Plat
From:
SJ.lbject:
File:
PP-OI-004
Date:
April 20, 2001
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their April I?, 200l
meeting. The Findings will be on the Council's agenda for May 1, 2001 meeting.
Please serve conformed copies of the Findings upon the Applicant and
the Planning and Zoning Department, Public Warks and the City Attorney office, if
Council approves the Findings.
If you have any questions arise please advise.
Z:\Work\M\Meridian\Meridian 15360lvl\Murdoch Sub NO 2 PPOl.004 VAROI-004\BergPPMem042001.doc
(
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
, IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
, PLAT FOR MURDOCH )
SUBDIVISION NO.2; )
LOCATED ON THE EAST OF )
LOCUST GROVE ROAD, )
SOUTH OF MEDIMONT NO.2, )
MERIDIAN, IDAHO )
)
BY: HOWELL-MURDOCH )
DEVELOPMENT, APPLICANT )
)
C/C 04/1 7/0 I
Case No. PP-OI-004
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 April 3, 2001 and continued until April 17, 200 I, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was Matthew B. Schultz of J-U-B Engineers, and no one appeared in
opposition, and the City Council having received a report from Steve Siddoway,
Planner 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 Commission and the
applicant having submitted the "PRELIMINARY PLAT, MURDOCH
SUBDIVISION NO.2, HOWELL-MURDOCH DEVELOPMENT CORPORATION,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004) - 1
(
MERIDIAN, ADA COUNTY, IDAHO, DRAWN BY: MBS, DESIGN BY: MBS,
CHECKED BY: MBS, PROJECT NO. l1643, DRAWING NO. II643-PPI, SHEET
I OF 3, HANDWRITTEN DATE: 1-11-01, J-U-B ENGINEERS, INC., HOWELL-
, MURDOCH DEVELOPMENT CORPORATION, DEVELOPER", submitted for
, preliminary plat approval and which preliminary plat for approval application is
herein received and adjudged by the City Council pursuant to Meridian City Code &
12-3"3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
I. 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 & 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.
3. It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004) - 2
(
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
, r~quested 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: "PRELIMINARY PLAT, MURDOCH
SUBDIVISION NO.2, HOWELL-MURDOCH DEVELOPMENT CORPORATION,
MERIDIAN, ADA COUNTY, IDAHO, DRAWN BY: MBS, DESIGN BY: MBS,
CHECKED BY: MBS, PROJECT NO. 11643, DRAWING NO. lI643-PPl, SHEET
1 OF 3, HANDWRITTEN DATE: I-Il-OI, J-U-B ENGINEERS, INC., HOWELL-
MURDOCH DEVELOPMENT CORPORATION, DEVELOPER".
DECISION AND ORDER
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 2/ (PP-OI-004) - 3
Pursuant to the City Council's authority as provided in Meridian City
Code 8 l2M3M5 and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
I. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY
PLAT, MURDOCH SUBDIVISION NO.2, HOWELL-MURDOCH
DEVELOPMENT CORPORATION, MERIDIAN, ADA COUNTY, IDAHO,
DRAWN BY: MBS, DESIGN BY: MBS, CHECKED BY: MBS, PROJECT NO.
l1643, DRAWING NO. I1643MPPl, SHEET I OF 3, HANDWRITTEN DATE: lM
II-Ol, J-U-B ENGINEERS, INC., HOWELL-MURDOCH DEVELOPMENT
CORPORATION, DEVELOPER" 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:
2.1 Sanitary sewer to this site shall be via extensions from existing mains in
Locust Grove Road and Murdoch Sub # I. Water service to this site
shall be via extensions from existing mains in Locust Grove Road,
Murdoch Sub # 1, and Medimont Subdivision. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
The lots within this development will be subject to applicable latecomer
fees. Latecomer fees shall be due and payable prior to signature on the
final plat.
2,2 Applicant shall be responsible to construct permanent perimeter fencing,
except where the City has expressly agreed, in writing, that such fencing
is not necessary. Fencing is to be in place prior to applying for building
permits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) - 4
2.3 A detailed landscape plan for the common areas, in compliance with the
Landscape Ordinance, shall be submitted for review and approval with
the submittal of the final plat. The plan must include sizes and species
of trees, shrubs, berminglswale details, and all proposed ground
cover/treatment. No fencing will be permitted within the landscape
buffers.
2.4 A letter of credit or cash surety in the amount of II 0% will be required
for all fencing, landscaping, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
2.5 In accordance with City Ordinance l2-l3-8-1, underground year-round
pressurized irrigation must be provided to all common landscape areas
on site. Applicant will be using the irrigation system from Murdoch
No.1.
2.6 Buffers between land uses on the southern subdivision boundary will be
handled on a site-by-site basis as development occurs.
2.7 The Planning and Zoning Commission recommends a sewer easement
should be provided at this location.
2.8 Sidewalks shall be detached a minimum of 5 feet from the future edge
of curb along Locust Grove Road.
2.9 The applicant has requested a variance for block length over 1000 feet.
2.10 Submit ten copies of any required revisions to the preliminary plat at
least ten (10) days prior to public hearing at City Council.
2.1l Obtain a letter from the Ada County Street Name Committee,
approving the subdivision and street names. Make any corrections
necessary to conform.
2.l2 Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
2.13 Two-hundred-fifty-watt high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typicallocations
are at street intersections and/or fire hydrants.
2.l4 All irrigation ditches, laterals or canals, exclusive of natural watervvays,
intersecting, crossing or lying adjacent and contiguous to the area being
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004) - 5
(
subdivided shall be tiled per City Ordinance l2~4~ l3. The ditches to be
piped should be shown on the site plans. Plans will need to be approved
by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. The applicant has requested a waiver of this
requirement along the Hunter Lateral.
2.15 Any existing domestic wells and/or septic systems within this project vvill
have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8 . Wells may be used for non-domestic purposes
such as landscape irrigation.
2.16 Five-foot-wide sidewalks and pedestrian walkways shall be provided in
accordance with City Ordinance Section l2-5-2.K.
Adopt the Ada County Highway District Recommendations as follows:
2.17 Drainage plans shall be submitted and subject to review and approval by
the District.
2.l8 If public street improvements are required: Prior to any construction
within the existing or proposed public right-of-way, the following shall
be submitted and subject to review and approval by the District:
a. Three complete sets of detailed street construction drawings
prepared by an Idaho registered professional Engineer.
b. Execute and Inspection Agreement between the Developer and
the District together with initial payment deposit for inspection
and/or testing services.
c. Complete all street improvements to the satisfaction of the
District, or execute a Surety Agreement between the Developer
and the District to guarantee the completion of the construction
of all required street improvements.
2.l9 Furnish a copy of the Final Plat showing street names as approved by
the Local Government Agency having such authority together with the
payment of the fee charged for the manufacturing and installation of all
street signs.
2.20 If Public Right-of-Way Trust Fund deposit is required, make the deposit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004) - 6
to the District in the form of cash or cashier's check for the amount
specified by the District.
2.21 Furnish easements, agreements and all other datum or documents as
required by the District.
2.22 Furnish Final Plat drawings together with the plat and plan review fees
for District acceptance and endorsement. The final plat must contain
the signed endorsement of the Owner and the Land Surveyor's
certification.
2.23 All of the material must be submitted to District staff two-weeks prior
to Commission review of the final plat.
2.24 Approval of the plat is valid for one year. The Commission will consider
an extension of one year if requested within IS-days prior to the
expiration date.
2.25 Dedicate 48-feet of right-of-way from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit( or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of
all required material. The owner shall be paid the fair market value of
the right-of-way dedicated which is in addition to existing ACHD right-
of-way.
2.26 Extend Atkins Drive into the site at the north property line as proposed
as a 40-foot street section with curb, gutter and 5-foot wide concrete
sidewalk within 58-feet of right-of-way.
2.27 Extend Watertower Lane into the site at the west property line as
proposed as a 40-foot street section with curb, gutter and 5-foot wide
concrete sidewalk within 58-feet of right-of-way.
2.28 Locate driveways on Watertower Lane a minimum of 50-feet from
public street intersections and constructed 24 to 30-feet wide.
2.29 Pave the driveways on Watertower Lane their full width and at least 30-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO. 21 (PP-OI-004) - 7
feet into the site beyond the edge of pavement of Watertower Lane.
2.30 Construct one shared 3D-foot wide driveway on Locust Grove located in
alignment with Woodbridge Drive on the east side of Locust Grove
Road as proposed. Pave the driveway on Locust Grove Road its full
width and at least 3D-feet into the site beyond the edge of pavement of
Locust Grove Road and install pavement tapers with IS-foot radii
abutting the existing roadway edge.
2.3l The applicant shall provide a recorded cross-access easement among the
parcels on Locust Grove Road (south ofWatertower Lane).
2.32 Construct a 5-foot wide concrete sidewalk on Locust Grove Road
abutting the parcel located 2-feet within the new right-of-way.
Coordinate the location, elevation and grade of the sidewalk with
District staff.
2.33 Any irrigation facilities shall be relocated outside of the right-of-way on
Locust Grove Road.
2.34 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
2.35 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
2.36 Other than the access point and public street specifically approved with
this application, direct lot or parcel access to Locust Grove Road is
prohibited. Lot access restrictions, as required with this application,
shall be stated on the final plat.
2.37 Comply with all the ACHD standard requirements.
Adopt the Nampa & Meridian Irrigation District Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004) - 8
2.38 The plans indicate using 36 inch reinforced concrete Class III pipe
which meets the Nampa & Meridian Irrigation District's standards,
however, the street crossing shall require a higher class of pipe as it only
indicates one foot of cover.
2.39 ACHD requires a box on each side of the road crossing and the pipeline
shall extend to the check structure upstream. Also, the weir box needs
to be larger so the water will still before going over the weir crest; a new
easement shall be described and the District shall require access along
the pipeline for maintenance.
2.40 The Meridian City Council approved a waiver on the Meridian Police
Station property. The proposed piping of the Hunter Lateral shall
extend upstream to the existing check structure in order for the piping
to be acceptable.
2.41 A License Agreement shall be prepared after all the above requirements
are met, and then presented to the District's Board for final approval.
Once the License Agreement and new easement description are in place
for the proposed location of the Hunter Lateral, the preliminary plat
shall meet the Nampa & Meridian Irrigation District's approval.
Adopt the Central District Health Department Recommendations as follows:
2.42 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.
2.43 Run-off is not to create a mosquito breeding problem.
2.44 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality; or if other means of pretreatment of stormwater discharge is
provided, then Applicant shall furnish to the Public Works Department
a copy of the proposed Operation and Maintenance Manual, including a
schedule of regular maintenance for the drains. A commitment shall be
required that in the event the drains do not effectively work, either
through problems with design or maintenance, development of new
plans for a means to prevent the stormwater discharge shall be required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004) - 9
r
2.45 The engineers and architects involved with the design of the project
shall obtain best management practices for stormwater disposal and
design a storm water management system that is preventing
groundwater and surface water degradation. Manuals that could be
used for guidelines are:
2.45.l
State of Idaho Catalog of Stormwater Best Management Practices
For IdahoCities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
2.45.2
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the Meridian Fire Department Recommendations as follows:
2.46 Streets and street name signs shall be built and installed before
building is started. All codes, hydrants and fire sprinkler systems
shall be met.
By action of the City Council at its regular meeting held on the I S-p day of
f)1t(lj- ,2001.
ROLL CALL
COUNCILMAN ANDERSON
VOTED a6J41-
COUNCILMAN BIRD
VOTED F
VOTED~
VOTED$~
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT MURDOCH SUBDIVISION NO.2 / (PP-OI-004)
10
MAYOR ROBERT D. CORRIE
(TIE BREAKER) ~~ ~
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
VOTED -
B~~~~
City Clerk :: E
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
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11
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April 27, 2001
V AR 01-004
MERIDIAN CITY COUNCIL MEETING
May 1,2001
APPLJCANT Howell-Murdoch Development Corporation
ITEM NO.
3-E
REQUEST FF/CL - Variance for the 1 ,OOO-foot block length for Murdoch Subdivision No.2
AGENCY COMMENTS
CiTY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached Findings
vJU
OiPpiV
Contacted: Kevin Howell
Date:
4/27/01
Phone: 383-4302
Materials presented at public meetings shall become property of the City of Meridian.
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Interoffice
MEMORANDUM
City of Meridian
City Clerk Office
To:
William G. Berg, Jr.
Wm. F. NiChOlJ
Howell-Murdoch Development - Murdoch Subdivision No.2 (V AR-OI-004)
From:
S.ubject:
, Date:
April 20, 2001
Please find attached the original of the Findings of Fact and Conclusions
of Law and Decision and Order Granting a Variance, pursuant to action of the
Council at their April 17, 2001, meeting. The Findings will be on the Council's
agenda for May 1, 2001.
Please serve conformed copies of the Findings upon the Applicant and
the Planning and Zoning Department, Public Warks and the City Attorney office, if
Council approves the Findings.
If you have any questions arise please advise.
Z:\Work\M\Meridian\Meridian 15360M\Murdoch Sub NO 2 PPOI-004 VAROl.004\berg042091VAROl.004.doc
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HOWELL-
, MURDOCH DEVELOPMENT
COPORATION, FORA
. VARIANCE OF THE 1,000 FOOT
BLOCK LENGTH FOR
PROPOSED MURDOCH
SUBDIVISION NO. 2, LOCATED
ON THE WEST SIDE OF
LOCUST GROVE ROAD,
APPROXIMATELY 1,300 FEET
SOUTH OF FRANKLIN ROAD,
MERIDIAN, IDAHO
C/C 4-l7-01
)
)
)
)
)
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)
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)
V ARwO 1-004
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 April 3, 200 I and continued until April 17, 200 I, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was Matthew B. Schultz of J-U-B Engineers, 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9
ORDER OF DECISION GRANTING A V AlliANCE / V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO.2
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21,1993 Ordinance #629 - January 4, 1994 and Maps.
2. The requirements of Idaho Code 99 67-6509, 6516 and Meridian City
Code 99 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Howell-Murdoch Development Corporation, whose
address is 1087 W. River Street, Suite 250, Boise, Idaho 83702.
4. The owners of the property are Howell-Murdoch Development
Corporation, whose address is 1087 W. River Street, Suite 250, Boise, Idaho 83702.
5. The location of the subject property is presently located in a Medium
Density Residential (R-8), and which subject property is located at on the west side of
Locust Grove Road, approximately I ,300 feet south of Franklin Road, Meridian, Idaho.
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 tlle record of proceeds of this matter,
and which is on file with the Meridian City Clerk's office.
7. The present land use of subject property is presently zoned as Medium
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT I MURDOCH SUBDIVISION NO.2
Density Residential (R~8), and which subject property is presently vacant land.
8. The proposed land use of subject property is to develop the subject
property in the following manner: A 13-lot commercial subdivision.
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, s12-4-5, BLOCKS, and in the R-8 zone if granted the re-zone, which
provides as follows:
12-4-5 BLOCKS:
Every block shall be so designed as to provide two (2) tiers of lots, except where
lots back onto an arterial street, natural feature or subdivision boundary. Blocks
shall not be less than five hundred feet (SOD') nor more than one thousand feet
(1,000') in length.
II. Also, the lots on Watertower shall access onto Watertower Lane, and the
two lots which front only on Locust Grove shall share one 30' wide driveway access onto
Locust Grove. No other lots shall access directly onto Locust Grove.
12. 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.
l3. The characteristics of the subject property which prevent compliance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT I MURDOCH SUBDIVISION NO.2
with the requirements of the ordinance are that the linear (east-west) property is
bordered on the south by an un-developed property and the proposed Murdoch #2
Subdivision is 1326 feet in length. Of the 1326 feet, one lot (the City of Meridian
Police Station lot) is 1010 feet in length. To comply with the ordinance a road
, would have to be extended 666 feet to the south on the western end of said lot. The
. street would provide connectivity to the south, but would fragment the Police lot and
would provide little benefit to the southern parcel which has excellent access to
Locust Grove Road to the east.
14. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the need to increase from 1,000 feet to 1,326 feet to
allow for a legal block.
IS. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is there will be unnecessary expense for
the City in the construction of a stub street across their property to provide very little
benefit to the adjacent property to the south.
16. 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 number 14, and because of the land
requirements of the Police Department, the lot in question is far wider than a typical lot
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO.2
in this zoning designation. The City of Meridian has already granted approval of a
conditional use for the police station and a stub street to the south would provide very
little benefit, and may even hinder the eventual development of the parcel by dictating
a future road location when there is adequate access to an existing public right-of-way.
17. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the development of the property would be difficult if no
flexibility on block lengths were allowed. An applicant has a right to expect that any
and all required improvements associated '\\'ith a development request '\\'ill benefit the
public health, safety, or welfare. That right would be compromised by a literal
interpretation of the law, which would cause the property owner to install a 666 foot
stub street with little or no public benefit. Further, construction of the stub street would
hinder further development of the Meridian Police Department's lot, compromising their
rights as property owners.
18. The existence of special circumstances or conditions affecting the
property is that the applicant sold the City of Meridian a 10 IO foot parcel for the
construction of a police station not realizing that it would create a problem for the
platting of the remainder of the land. Extension of a stub street would fragment the
Police Department's lot and create problems for future development.
19. Granting the variance would maintain rights which would be afforded to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9
ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT I MURDOCH SUBDIVISION NO.2
(
others in the same situation.
20. The Comprehensive Plan for the R-8 District is to permit the
establishment of single- and two-family dwellings at a density not exceeding those areas
where such development has or is likely to occur in accord with the Comprehensive Plan
, of the City and is also designed to permit the conversion of large homes into two-family
dwellings in well-established neighborhoods of comparable land use. Connection to the
Municipal water and sewer systems of the City is required,
21. The variance would convenience the applicant since he would not have to
install 666 feet of additional street. In addition, the City of Meridian's Police Station
site would not be fragmented or encumbered by the unnecessary road.
22. 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.
23. 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.
24. The applicant paid the fee established by the City Council for application
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO.2
(
vanance.
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 S 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 S 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code S ll-l8.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code" 67-6509, 6516 and Meridian City Code ss II-l5-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
s II-l8-2, and the findings which are required are set forth in Meridian City Code S 11-
18-3, include required findings that there are special circumstances or conditions
affecting the property that strict application of the provisions of Zoning and
Development Ordinance would clearly be impracticable and unreasonable, and a finding
that strict compliance with the requirements of the Zoning and Development Ordinance
would result in extraordinary hardship to the owner, subdivider or developer because
unusual topography, the nature or condition of adjacent development, or other physical
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- Page 7 of 9
ORDER OF DECISION GRANTING A V AlliANCE! V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT! MURDOCH SUBDIVISION NO.2
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, I 12-4-5, BLOCKS, and in the R-8 zone if granted the
re-zone, provides as follows:
12-4-5 BLOCKS:
Every block shall be so designed as to provide two (2) tiers of lots, except where
lots back onto an arterial street, natural feature or subdivision boundary. Blocks
shall not be less than five hundred feet (500') nor more than one thousand feet
(1,000') in length.
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:
I. That the Applicant is hereby granted a variance from the block
requirements for Murdoch Subdivision No.2 in the R-8 zone. Additionally, the lots on
Watertower shall access onto Watertower Lane, and the two lots which front only on
Locust Grove shall share one 30' wide driveway access onto Locust Grove. No other lots
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT I MURDOCH SUBDIVISION NO.2
shall access directly onto Locust Grove.
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 I 67-652l 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 Block Requirements in the R~8
Zone as provided in the Section 12-4-5 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 / 5'fl day
of
mat
,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED U6f~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILPERSON CHERIE McCANDLESS
VOTED $tL--
VOTED$~
COUNCILPERSON TAMMY deWEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9
ORDER OF DECISION GRANTING A VARIANCE! V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT! MURDOCH SUBDIVISION NO.2
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -
DATED: 5-!-O(
MOTION:
APPROVED:~ ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
ByJl~__ft~r Dated: 5-/~O( ~ SEAL ~
CIty Clerk ;: "1'&_ ,(~;::
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of
9
ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-004
HOWELL-MURDOCH DEVELOPMENT I MURDOCH SUBDIVISION NO.2
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VICINITY MAP
MURDOCH SUBDIV1SION NO.2
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April 27, 2001
MERIDIAN CITY COUNCIL MEETING May 1, 2001
APPLICANT NVV\lO ( Ci hj O~ VVletrl'utt C-lV\ ITEM NO. tG
REQUEST Li c.mS-c ArjWlI- -flry +-trl-€,. ])AN [S Dr-cCi Vt
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CJTY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRJCT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
gee tL~Mec{ ~mt .
vftV
turr
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City ot Meridian.
(~ECEIVED
APR 2 4 2001
interoffice
MEMORANDUM
City at Meridian
City Clerk Office
To:
William G. Berg, J/\,r.
Wm. F. NiChOltJf~
License Agreement with Nampa & Meridian Irrigation District/City of Meridian -
Davis Drain
From:
SlIbject:
Date:
April 24, 2001
Attached to this memo are two originals of the LICENSE
AGREEMENT between the City of Meridian and the Nampa & Meridian Irrigation
District, pertaining to the Davis Drain. Please place the License Agreement upon an
up coming Council agenda for approval by the City Council.
If you have any questions pertaining to this matter, please advise.
Z:\W ork\M\IVleridian\Meridian 15360M\City Clerk Memos\200 I Memos\BergLicenseAgmtDavisDrain04240 1.doc
~
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this / 'Sj? day of /n11!j ,2001, by and
among NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State ofIdaho, party of the first part, hereinafter referred to as the
"District", and
CITY OF MERlDIAN,
33 East Idaho, Meridian, Idaho 83642
party or parties of the second part, hereinafter referred to as the "Licensee",
W I I N E S. S. E I H:
WHEREAS, the Licensee is the owner of real property (burdened with the easement of the
District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as
Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District owns the irrigation ditch or canal known as DAVIS DRAIN (hereinafter
referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together
with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or
canal, and access the ditch or canal for those purposes; and,
WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as
shown on Exhibit B attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to approve prior construction or activity affecting said
ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and
under the terms and conditions hereinafter set forth; and,
WHEREAS, it is necessary that the District protect absolutely its right to control any
modification or alteration of its watercourses and its right of way along its watercourses;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements
and conditions hereinafter set forth, the parties agree as follows:
1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's easement along said ditch or canal in the manner generally described in the "Purpose of
License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said
ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal
shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D,
attached hereto and by this reference made a part hereof.
') This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
sh:ll1not change the location of the ditch or canal. bury the ditch or canal in pipe, or otherwise alter the ditch
or canal in any manner not described in this agreement without first obtaining the written permission of the
District.
3. Each facility ("facility" as used in this agreement means any object or thing of any nature
installed in or 011 the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed. installed. operated. maintained, and repaired at all times by the Licensee at the cost and expense
or the Licensee.
4. Licensee agrees to construct. install, operate, maintain and repair each fac i lity and conduct
its activities \,ithin or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the d itch or canal
or the delivery of irrigation water by the District:
c. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
e. any other damage to the District's easement and irrigation works.
5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for
damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the
circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement
and irrigation works which may be caused by the construction, installation. operation, maintenance, repair. and
any use or condition of any facility.
6. Licensee agrees that the work performed and the materials used in sllch construction shall at
all times be subject to inspection by the District and the District's engineers, and that final acceptance of such
work shall not be made until all such work and materials shall have been expressly approved by the District.
Such approval by the District shall not be unreasonably withheld.
7. The District reserves the right, at the District's option, to remove any faci] ity installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. [f the Licensee shall fail in any respect to properly maintain and repair such facility. then the
District, at its option. and without impairing or in anywise affecting its other rights and remedies hereunder,
shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the
District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for
such purposes. The District shall give reasonable notice to the Licensee prior to the District's perform ing such
maintenance. repair or other work except that in cases of emergency the District shall attempt to give such
notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of
LICENSE AGREEMENT - Page 2
any kind by Licensee or any third patty against the District for failure to exercise the options stakd in this
paragraph. and Licensee shall indemnify, hold harmless and defend the District from any claims made against
the District arising out of or relating to the terms ofthis paragraph except for claims arising solely out of the
negligence of the District.
8. Neither the terms of this agreement. the permission granted by the District to the Licensee,
the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or
pertormance of any obligations of th is agreement, shall be construed or asserted to extend the application of
any stntute. rule. regulation. directive or other requirement, or the jurisd iction of any federal. state. or other
agency or ofticial to the District's ownership, operation. and maintenance of its ditches. canals. drains.
, irrigation works and facilities which did not apply to the District's operations and activities prior to and without
e:--.:~cution of this agreement. In the event the District is required to comply with any such requirements or is
slll;ject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's
, nctivit)' authorized hereunder, Licensee shall indemnifY, hold harm less and defend the District from all costs
and liabilities nssociated with the application of stich laws or the assertion of such jurisdiction or, at the option
o f the District, this agreement shall be of no force and effect and the Licensee shall cease all activ ity and
remove an) faci I ity authorized by th is agreement.
9. In addition to all other indemnification provIsions herein, Licensee further ag.rees to
indemnil'):. hold harmless and defend the District from any injury, damages, claim, lien, cost and/or ~xpense
(including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this agreement.
[0. The Licensee agrees that the District shall not be liable for any damages which shall occur to
any facilit). structure, plant or any other improvement of any kind or nature whatsoever which the Licensee
shall install on the said easement area of the District in the reasonable exercise of the rights of the District in
the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to
suspend its use of the said easement area when the use of the easement area is required by the District for
maintenance or repair under this or any other paragraph of this agreement.
11. Licensee shall place no structures or landscaping of any kind within the District's easement
area except as referred to in this agreement or exhibits hereto without the prior written consent of the District.
12. Should either patty incur costs or attorney fees in connection with effOlts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfu lIy enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall
be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
13. The pmties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any
rights in its irrigation works and system incompatible with the uses to which such irrigation works and system
are devoted and dedicated and that this contract shall be at all times construed according to such principles.
14. Noth ing herein contained shall be construed to impair the easement and right of \vay of the
District in the said ditch or canal and all uses of said d itch or canal by the Licensee and the license here in
LICENSE AGREEMENT - Page 3
provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or
canal tor the transmission and delivery of irrigation water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this agreement. the license of the Licensee under the terms hereof may be terminated by the
District. and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right
of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the
District with its equipment for the maintenance of its said ditch or canal may be removed by the District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of th is License Agreement or
, in connection with negotiations covering the terms and conditions of this License Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or
adverse possession by the Licensee or any third party against District.
18.
third pal1y.
This agreement is not intended for the benefit of any third party and is not enforceable by any
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full torce and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covenants to run with, and
running with, all ofthe lands of the Licensee described in said Exhibit A, and shall be binding on each of the
parties hereto and on all parties and all persons claiming under them or either of them, and the ad vantages
hereof shall inure to the benefit of each of the parties hereto and their respective Sllccessors and ass igns.
NAMPA & MERIDIAN IRRIGATION DISTRICT
By
Its President
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 4
Il-jJprov(tf /;1 f/hy C&%vr.cd
ST ATE OF IDAHO )
) ss:
, County of Canyon )
On this _ day of ,2001, before me, the undersigned, a Notary Publ ic in and
for said State. personally appeared and Daren R. Coon, known to me to be the President
and Secretary. respectively. ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day
and year in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
)ss.
County of Ada )
On this -L day of P1a ~ ,200 I, before me. the undersigned, a notary public
in and tor said state, personally appeared 'to of'-/- D. Cnrrl e and l<};//,'41>t 6-, BI'I'"'6 Jr , known to me to be the
fVJa VOl' ..I PJ"..J;... and ~;.J.y CII'~k , respectively, of the CITY F MERIDIAN, the political
subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity
executed the same.
IN WITNESS WHEREOF, [ have hereunto set my hand and affixed my official seal. the day
and year in this certificate first above written.
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LICENSE AGREEMENT - P~~"..m"""
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WARRANTY DEED
For Value Received
D.O. & F" an Oregon Genera.! Partoel"$hip,
hercinafter referred to 11~ Grantor. does hereby 'grAnt, bargain, seU. and convey ualo
City of Meridian, a municipal corporation
hereinJlfter referred to lU Grantee, whose ClUTent oddresll is
. the follOVling dc:s:cribed premises, ta-wit:
See atblched legAl description a.s Eliliibit 'A. altached lterein /lnd made il pllrl hereof.
\.
To HAVE AND TO HOLD the u.id premisc.s, with their appurtenaaces Ul:lto the said Guntee, his heirs
and a&Signs forever. And the said Grantor d~ hereby COvellllnt to and with the said GrAntee, that Grantor is
the owner in fee simple of said premises; that said premises are free from aU enCllnl'braaces C:I"ccpt current
yclU"$ tllXe:l, levies. and as~c5:!ments, and C:'iJ:Cpt U.S. Patent reservations, restrictions, casements of record, and
casements visible upon the premises. and thol Grantor "'ill WlIrrant and defend the same from aU claims
whatsoever.
Daled; July 15, 1998.
98 JL 22 PH li: liS
RECOROED-RE~
FEEq .00 OE~ ,
98070489
By;
AM coutlTY RECORDER
J DAVID NAVI\RRO
. BOISE. 10;\110
__ .aMERICAN nn.E CO.
STATE OF [jJ131u../Ljt;1'--)
COUNTY OF ~ ).
On This~ay of 1uly, ia [he year 1998, belore me, a Notary Public .in and for :\.IIid .St~tc, pcr~onaJly
" appe.m:d Phillip G. Fogg, Sr.. .iden!ified to me to be ODe of the partners In the partne.rsb'p of D. ? &. E,
an Oregon General PartnerShip, .od the partner or oae of the partners who 5u~scr~d said par~ncuhlp name
to the foregoing in$trument, ;:md acknowledged to me th~t he <:xc tbe SlIm 10 !I\id-partner~hip name.
LORI J. P\UFFO
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
JANlJ,.I.m' 20, 2002 .
Exhibit A, page 1
PARKS AND RECREATIO
PAGE 83
88/83/1999 12:13 12888985581
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JUfle 18, 1997
September 5, 1997
PARCEL] :
lAND SiTUATED IN ADA CO!-lNTY
A!l that certaIn realll'rcperty sItuated In 5e(tfon 2. T.JN, R,lW., B.M. Ada County, Idaho,
described as follows:
A portfoo of the W t 12 of the E 1/2 of the SW 114 u shown on tte-cord of S~ No. 3916 met! as
Instrument Ho. 970474]2 dated June 16, 1997. of Ada County R~ords further de!~ as reUews:
Commendn~ at a fOl.l'ld Brass Cap Mcn~eflt markinQ: ttlll! SW comer Q{ Sectfon 2 from which 4
fotmd Brass Cap Monument marking the 1/.4 coml!1' of Sections land 11 ~ l'$ South 8S.38'31'" East.
2,653.49 feet; .
thence South 8S0]8']1" East 1 ,326.75 feet to II set S/S-Inch Iron pin With Olp $Wntled "G. A. lee.
PElts 3260". marking the W 1 J 16 comer and the Southeast comer at SUnburst Subdivision 1-10. 2 as med in
Book 60 of Plab. pllge 589-4. Ada County Records;
thence a(cn~ the West 1/16 Une arid East boundary line of safd Sunburst SubdMslan No, 2 and thE!'
East boundary ttne of Sunburst SubdivisIon No, <4 as med In Book 6? of PfaU, page 62171 Ada County
Records, and th~ East boundary Une of Kent FIeld Manor a~ fll~ In Book 68 of Plats. pa~e. 69 f j, Ada
County Records, North 00"1 i"24" East, 2,1-4<4.1 S feet to a found i }2.!ndllrci1 pin wfth cap stamped
"tS 4931" on the North rlSht.cf.way of West Chateau Drive. marking the ~outhwest comer of Parcel. 3 and
the REAL POIHT OF BEGINNING;
tPence $otltfnulng along ~ald West 1/16 line and said East boundary UM of Kent FIeld Manor
North W17'24H East. S I UIl feet to a found 5/8.loch fron pIn with cae stamped "tS 4'131" marldnv the-
CW 1/16 comer and the Horthwert comer of saId Parce{ 3;
thence along the 1/4 Section llne South 89'-12'J2'" East. 41<4.67 feet to a set S/8-{nch Iron pin wfth
cap stamped HG. ~, Leoe. PE/L5 Jl60" markfng the Northwest comer of Slmny Brock Farms No. .4 lIS med
600k 53 of Plats, page 4682, Ada County Record!. and the Northeast comer of Parcel 3;
thence atong the West boundary Une of said Sllnny Brook Fann3 No. .(, South 00"'17'2-4" Wert, ~
469.23 feet to found lIZ-Inch Iron pfn With no ao on the Horth rlqht.of"way of West Chateau Dm!!!
markIng the Southeast corner of said Parcel J:
thence South 86"]4'15" West. IOO.CO r~t to ~et 5/8-lnch Iron pin Wfth cap 5tamped "G. A. tee.
PE/LS ]260";
thence Horth 89-42']6" West. 106.37 feet to a set S/Il.lnch fron pfn with cap stamped "G. A.l!e.
PE/LS 37W":
thence along a taf1l~ef1t curve to t/1e left with delta 19"59' 16", r3drus ]30.00 feet. tangent length
58. I 5 feet. arc length 1IS.11leet and chord bearing South 80-i7'46" We-st. 111.54 feet to a set 51lHnch
Iron pin wtth cap ~tamped "G. A. Le<:!'. PEJL'i ]260" and markIng a poInt of reverse c1Jrvature;
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Exhibit A, page 2
68/a3/1999 12:13 12688985561
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PMKS ~D RECREATIO
PAGE 64
PI/'Cel J .
.ItJrM: f3, f997
Il~ Sfopterrber S, f997
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thence along said reverse curve with deHa 20'"40'29", radius 270.00 feet, tanrent fe11ith -49.25
feet. arc lerlgth 97,43 f~. and chord ~arln!l South 1f0"'3S'2J" We3t 96.90 feet to ftMTd flZ.tnr;h Inm pin
Wfth cap stamped "LS <4931" markl"i the Sooth~st COmer of saId Parc~ 3 and REAL POINT OF SZ::GINNtNG;
Said parcel contain! ".6<lacrej. more or less.
SUBJECT TO:
~Il exI~tfn!J easements and road rlihts.of,wlIY of record or .1Pf;lelrlnll on th. I~bed
parca of land.
P~piired by:
j.U-S ENGINEERS. Inc.
GAl:ckc
Gary A. lee, P.E./LS.
"':Igrojet:;tl\ I tJt1\~tl\lll!:Yrsed P~rtel J
Exhibit A, page 3
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EXHIBIT C
Purpose of License
The purpose of this License Agreement is to pennit and approve Licensee's piping of a portion of the
Davis Drain. all in or near the property described in Exhibit A, located northeast of the intersection ofTen Mile
Road and Cherry Lane Road in Meridian, Ada County, Idaho.
EXHIBIT D
Special Conditions
a. Construction shall be performed in accordance with certain plans consisting of two sheets:
, sheet 1 of:2 entitled "City of Meridian Parks and Recreation Department. Davis Drain Tiling, Plan and
P'n;file:" bearing engineer's stamp dated September 14, ] 999; and sheet 2 of2 entitled "City of Meridian Parks
and Recreation Department, Davis Drain Tiling, Plan and Profile," bearing engineer"s stamp dated September
14. 1999. These plans have been delivered to the District's water superintendent, are in his possession in his
offices. and are incorporated herein by this reference.
b. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District pertains only to the rights ofthe District as owner of an easement. The District has no right or power
to create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained
prove legally ineffectual. Licensee shall hold harmless, indemnify and defend the District from any claim by
any pati)' arising out of or related to such failure of rights and at the option of the District this agreement shall
be of no force and effect.
c. The pipe. installation, and backfill shall, at a minimum, meet the requirements of the District
and standard specifications for such materials and construction, as set forth in the Idaho standards for public
works construction or other standards recognized by the city or county in which the pipe is to be placed,
d. Within one week after construction and installation of the ditch and pipe for the Davis Drain
is completed. the Licensee shall provide the District written notice that the facilities installed and work
performed by the Licensee are ready for final inspection and approval by the District. Within one month after
receiving sllch written notification from the Licensee, the District shall perform an inspection and, if the
facilities have been constructed and installed and all work has been performed in compliance with the terms
of this agreement. the District shall provide written notice to the Licensee of final approval. If the District's
engineers perform sllch inspection, Licensee shall pay the District's engineers any reasonable charge in
connection therewith.
e. The District shall continue to have the right and responsibility for operation and maintenance
of the piped Davis Drain, however, the Licensee shall be responsible for operation and maintenance associated
with the Licensee's piping of the Davis Drain, including rehabilitation or replacement of the pipe and
rehabilitation of the District's easement, for a period ofthree years from the date of the District's written notice
to the licensee offinal approval of the installation of the pipe.
f. With respect to the piping of the Davis Drain only, the provisions of sections 3,4,5.6, 7,8,
LICENSE AGREEMENT - Page 6
9. and 14 of this agreement shall tenninate and be of no effect as to the Licensee upon the expiration of three
years frOIll the date of the District's final approval of the installation of the pipe.
g. Supplementing paragraph] 0 of this agreement, the Licensee agrees that the District shall not
be liable for any damages which shall occur to the pipe installed by the Licensee in the reasonable exercise of
the rights of the District in the course of perfonnance of maintenance or repair of said ditch or canaL The
provisions of this paragraph shall terminate and be of no effect as to Licensee upon the expiration of three
years from the date of the District's final approval of the installation of the pipe.
h. Licensee shall not excavate, place any structures, plant any trees, shrubs, or landscaping or
perform any other construction or activity within or affecting the District's easement for the Davis Drain except
a?referred to in this agreement or exhibits hereto without the prior written consent of the District.
1. The District's easement for this portion of the Davis Drain is 60 feet, 30 feet to either side of
the centerline.
LICENSE AGREEMENT - Page 7