HomeMy WebLinkAbout2000 06-20
MERIDIAN CITY COUNCIL
AGENDA
Roll-Call:
JUNE 20, 2000 @ 7:30 P.M.
CITY COUNCIL CHAMBERS
LTammy deWeerd X Cherie McCandless
=;x..=Ron~derson =:K=Keith Bird
. --A-Mayor Robert Corrie
Consent Agenda
A. Tabled June 6, 2000: Findings of Fact 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 Touchmark Living Centers -
Joseph A. Billig - east of Sf. Luke's between Franklin Road and
Interstate 84: ~6ee. w7...f/l 7-?" -tJ()
B. Development Agreement: AZ 99-010 Request For Annexation And
Zoning Of 150.79 Acres Of Land For R-4 Zoning By Bear Creekf LLC - /:F
East Of Stoddard Road & South Of Overland: ~trr v-..e...- /2.e~~ '3 Z6
C. Tabled June 6, 2000: Findings of Facts and Conclusions of Law: PP
99-010 Request for preliminary plat for proposed Bear Creek
Subdivision of 326 single-family lots on 150.79 acres by Bear Creek, LLC
- east of Stoddard Road and south of Overland Road:
ap~lr.e.. &5 ~e
D. Tabled June 6, 2000: Findings of Facts and Conclusions of Law: AZ
00-006 Request for annexation and zoning of 12.73 acres from R- T to
L-O and R-15 zones by Vicki Welker I Gold River Companies, Inc., for
proposed Valeri Heights Subdivision - northeast corner of Pine Avenue
and Ten Mile Road:
r€c,;n-....n~- relt.olJ"u.- P/I/ 7-(fl-f7()
E. Tabled June 6, 2000: Findings of Facts and Conclusions of Law: PP
00-005 Request for Preliminary Plat approval for proposed Valeri
Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres
in proposed L-O and R-15 zones by Vicki Welker I Gold River Companies,
Inc. - northeast corner of Pine Avenue and Ten Mile Road:
re CC?'1.-,J 7 ~ - /1.L h-,p.. h w ,P 11-1 7-(8 -I/O
Page 1 Materials presented at publlc meetings shall become property of the Meridian City Council.
F. Tabled June 6, 2000: Findings of Facts and Conclusions of Law:
CUP 00-014 Request for Conditional Use Permit for proposed Valeri
Heights Subdivision for a 128-unit apartment complex, townhouses and
office on 12.73 acres in proposed L-O and R-15 zones by Vicki Welker I
Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten
Mile Road: rec(7;'l.f}~ - /'I-ell-lJh"-- /11-1 -'/48-0;)
G. Findings'. of Facts and Conclusions of Law: AZ 00-004 Request for
annexation and zoning of 16.119 acres from R- T to C-G for proposed
Resolution Business Park by G.L. Voigt I Overland, LLC - south of
Overland Road and east of Locust Grove Road: oj)j1ro v.e.-
H. Findings of Facts and Conclusions of Law: RZ 00-003 Rezone of
37.64 acres from an R-4 to an L-O zone for proposed Resolution
Business Park by G.L. Voigt I Overland, LLC - south of Overland Road
and east of Locust Grove Road: ~VL--
I. Findings of Facts and Conclusions of Law: CUP 00-017 Request for
Conditional Use Permit for proposed Resolution Business Park for a
planned commercial development consisting of multi-family, commercial,
office and LDS seminary in proposed L-O and C-G zones by G.L. Voigt I
Overland, LLC - south of Overland Road and east of Locust Grove Road: It,ffrv./~
J. Findings of Facts and Conclusions of Law: PP 00-006 Request for
Preliminary Plat approval of 17 building lots and 2 other lots on 107.06
acres for proposed Resolution Business Park by G.L. Voigt I Overland,
LLC - south of Overland Road and east of Locust Grove Road: t?1'fl'Ov~
K. Findings of Facts and Conclusions of Law: CUP 00-015 Request for
Conditional Use Permit for an ice arena consisting of office, pro shop,
fitness center, restaurant, locker room and equipment storage for
proposed Resolution Business Park I Lee Smith Ice Arena by Pat
McKeegan - south of Overland Road and east of Locust Grove Road: .z....~v...e...
L. Findings of Facts and Conclusions of Law: CUP 00-016 Request for
Conditional Use Permit for a 200-unit luxury apartment complex in a
proposed L-O zone for proposed Resolution Business Park by G.L.
Voigt I Overland, LLC - south of Overland Road and east of Locust Grove
Road: ~~v.e-
M. Findings of Facts and Conclusions of Law: CUP 00-022 Request for
a Conditional Use Permit for Generations Park Plaza I by Cole
Associates Architects for the revitalization of an existing building to house
a restaurant and offices in an OT zone: ~v:A!'-
Page 2 Materials presented at public meetings shall become property of the Meridian City Council.
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Findings of Facts and Conclusions of Law: CUP 00-023 Request for
Conditional Use Permit for Generations Park Plaza II by Cole Associates
Architects for the demolition of an existing auto garage structure and
construction of a new two-story retail/office building in an OT zone - East
1 st and East Pine Avenue: ~VU2.--
Findings of Facts and Conclusions of Law: CUP 00-027 Request for
Conditional Use Permit by Meridian Joint School District No. 2 for a
marketing education classroom to accommodate two non-concurrent
classes of 25-30 students each currently in a C-G zone - 357 Watertower
Lane: ~ v..A:-"
Development Agreement: AZ 00-007 Request for annexation and
zoning of 6.68 acres from RT to L-O for proposed Carol Professional
Center by J-U-B Engineers, Inc. - west side of Eagle Road between
Fairview Avenue. and Ustick Road: c.,nroV"'<-;2e H{Wh~ if gZ?
tflr~ 6t~ lipped- - 71r..- IJt'V'"u p~ v~
). Regular Agenda .
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Ordinance No. 87 {; RZ 00-002 Request for rezone of 76.24
acres from I-L to R-4 for all phases of Crossroads Subdivision - % mile
south of Fairview Avenue on the east side of Eagle Road: C:ZlpyPfI~
Ordinance No. e17 : AZ 00-007 Request for annexation and
zoning of 6.68 acres from RT to L-O for proposed Carol Professional
Center by J-U-B Engineers, Inc. - west side of Eagle Road between
Fairview Avenue and Ustick Road: ~Vft.;
Ordinance No. B78 : AZ 99-010 Request for annexation and
zoning of 150.79 acres of land For R-4 Zoning By Bear Creek, lLC -
East Of Stoddard Road & South Of Overland: ~ v--
Public Hearing: CUP 00-026 Request for a Conditional Use Permit by
Tara L. Gorton for a small child care center for 12 and over children
currently in an R-8 zone - 420 East Broadway Avenue:
ttJ,;rA.-~f<n-- ~ &p}J11~~
Continued public hearing from June 6, 2000: CUP 00-021 Request for
Conditional Use Permit for a group, in-home daycare by Deanne Young -
2176 East Lochmeadow Court: r/
M~i 1-0 ~p~ r If:' .{e (L
Continued public hearing from June 6, 2000: CUP 00-006 Request for
Conditional Use Permit for existing car dealership (2 buildings) on front
four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back
four acres -1005 East Fairview Avenue:
Nt'tltd4Ci,jVh- 10 1 r;t~1 'c~
Materials presented at public meetings shall become property of the Meridian City Council.
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Continued public hearing from June 6, 2000: AZ 00-008 Request for
annexation and zoning of 23.6 acres for proposed residential and
commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for
proposed Teare Terrace by Zambezi Group - SE 'X, SW'X, Section 6,
T3N, R1E:~hr;p~ 1'1~/cl-L
Continued public hearing from June 6, 2000: PP 00-008 Request for
Preliminary Plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15
and 7 IQts in C-G zones for proposed Teare Terrace by Zambezi Group -
SE 'X, SW 'X, Section 6,T3N, R1 E: r / /:.. .. A,I tI
(}i/~'fI'J-o ~~ fir {VI^-'
Continued public hearing from June 6, 2000: AZ 00-009 Request for
annexation and zoning of 101.4 acres from RT to R-4 for proposed
Autumn Faire Subdivision by Gem Star Properties, LLC - southwest
corner of Black Cat and Ustick Roads:
~~j?~-/fFl"c/..L M ~a.e..
Continued puilhc hearing from June 6, 2000: PP 00-009 Request for
Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other
lots for proposed Autumn Faire Subdivision by Gem Star Properties,
LLC - southwest corner of Black Cat and Ustick Roads:
tfi--~ I!:!'P~ //~ ( c( -l ~ db-1':?i..U
Public Hearing: AZ 00-011 Request for annexation and zoning by
Pangaea Land Planning of 3.4 acres from RT and R 1 (Ada County) to
R-15 for proposed Penn Station Apartments - south of Fairview Avenue
on the east side of Stonehenge V'jpy:}
ar~ p-..-e-f'~ h f- y cl..e
Public Hearing: CUP 00-028 Request for Conditional Use Permit by
Pangaea Land Planning to construct 10 four-plexes on 3.4 acres in
proposed R-15 zone for proposed Penn Station Apartments - south of
Fairview Avenue on the east side of Stonehenge Way:
t'f--~1 fv' ~p#~/I,c I c:/..e..
Public Hearing: 'lAC 00-004 Request for vacation of a 30-foot, non-
exclusive easement for vehicular and pedestrian ingress, egress and utility
services by Jeff Manship - Black Cat and Ten Mile:
I:'Ff~ /-P ~ptv'-t- -/1-/ If c tR-
CUP 00-024 Request for Conditional Use Permit by James L. Aimonetto
for a temporary office trailer currentl){ in an I-L zone - 2204 Lanark:
a-rlv-vr',Uj fa ~jJ~ r:-'/ ~ ~ cl-e-,
CUP 00-025 Request for Conditional Use Permit by Terrace Plaza, LLC,
for a planned-unit development, proposed Terrace Plaza, to construct a
second building in an I-L zone -199 Nort,h Lin.der Road:
~~:J 10 ~I:~ //~.( t!/t
FP 00-009 Request for Final Plat approval for Pintail Pointe Subdivision
of 11 building lots and 1 other lot on 3.68 acres by Jeff Manship - south
side of Cherry Lane, east of Black Cat Road:
tbpprp~ t<;/?1v fry(- c~..r
Materials presented at public meetings shall become property of the Meridian City Cou ncil.
17. TE 00-004 Request for time extension on the Preliminary and Final Plats
of Scottsdale Subdivision previously approved on June 14, 1999 by
Briggs Engineering: aI'PY/Jv-e 11-~f.- R.'?I-e...,.-I,;;;"';
18. Ada County Development Services 00-10PDR 100-05 ZC - Preliminary
Plat for Edinburgh Subdivision - 53 lots and 5 other lots on 17.76 acres
by Steve Smith - % mile east of Eagle RQ~d on McMillan Road:
ttfllJ)7)v<t! rec~d~
19. Special Request to Hook into Meridian Waste Water Treatment Center's
Sewer System by Karoly Foldesi:
20. Water I Sewer J Trash Delinquencies:
21. Department Reports:
A. City Treasurer - Janice Smith:
1. Treasurer's Report: .- jYU5 ~
B.
Fire Department - Fire Chief Ken Bowers:
1. City of Meridian Demolition Agreement: a-tf77Jv.e...
l!ar&tvvIJ,;;j t!:. 32-8
Parks and Recreation Department - Tom Kuntz
c.
1. 2000 Capital Outlay for Storey Park Irrigation System:
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Materials presented at public meetings shall become property of the Meridian City Council.
Meridian City Pre-Council Meetina
June 20. 2000
The special pre-Council meeting of the Meridian City Council was called to order
at 6:35 p.m. on Tuesday, June 20,2000, by Mayor Robert D. Corrie.
Members present: Robert Corrie, Cherie McCandless, Tammy deWeerd, Ron
Anderson, Keith Bird.
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Others present: . Shari Stiles, Gary Smith, Bill Gordon, Bill Nichols, Ken Bowers,
Tom Kuntz, Will Berg, Janice Smith.
Corrie: I'll open the Pre-Council meeting at 6:35 p.m. Janice, would you like to
give your report first so that you can leave?
21. Department Reports:
A. City Treasurer - Janice Smith:
1. Treasurer's Report:
Smith: Thank you, Mayor and Council. Tonight I wanted you to -I know you just
got this. It's the expenditure and revenue report. That's the big portrait one.
Wanted to go over two things that you might notice. The Idaho Power has
changed some of their billing cycles, so you'll notice on the street lights it says
zero expense. That's on Page 9. That usually runs $7,000 a month. Also in the
Wastewater Treatment Plant, they're also on that same billing cycle change.
Theirs is on Page 7. Theirs is only running $2,000, but we're running behind
$5,000. I figure that's that much more money we get to keep a month. What will
happen at the end of the year we make a closing entry for the year-end
adjustment unless they change again. Idaho Power does change for some
reason or other, but we did check into that, and that's why there is nothing in the
street lights. And you'll notice a 1469 under credit in street lights, Idaho Power,
we get that from Greenhill Estates. It's a city street light, but it's not in the City
limits, so they pay for it monthly. They pay us - Page 9. The big, thick one. It's
the very first page. So that $1469 is the payment that we receive from Greenhill
Estates. It just goes right back out to Idaho Power. We're trying to get that
Homeowners Association to get that changed into their name. Idaho Power says
that if they request it, they'll do it. They won't do it for us, but they'll do it for
them. Kind of a rental thing. I'm not sure how far away the City is from bringing
that into the City limits. Other than that, that's the only thing that I had time to
notice on this except that you'll notice next month on the cash, now I'm going to
another page, the form for cash in bank that's the cash balance sheet. Right now
it says cash in bank in the general fund $240,341. We did have to pay for the
land payment of $802,000 for the police station. So we had to take some money
out of our investments: $750,000 to cover the investments and also to cover the
rest of the payables for this month. We'll be getting in our property tax money, a
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Meridian City Pre-Council Meetit.
June 20,2000 -
Page 2
big chunk, at the end of July or the 1 st part of August, so maybe we can get some
of that money back into the investments. So right now this is cash in bank
$240,000. As of June, right now, it's only $17,000 because of the big payment
on the land. We do have money coming in every day, so by the end of the month
I'll run you out a new report because we're not in the red. We've got money
coming in. We do notify our investments that we needed to pull money early, so
there was no pe,nalty on that. Did any of you have any questions on any of this?
We are coming pretty good on our budget stuff also. We're on the calendar.
Everybody's really good about getting those back to the Accounting Department.
So it was a good move.
(Inaudible discussion amongst Council members)
Smith: Fire truck fund and auto impact fees.
Bird: Then we still (inaudible)
Smith: Yes.
Anderson: I thought we were going to try to consolidate those and show them in
one printout.
Smith: We have one printout right here. The second page. We wanted to keep
the money in the State Treasury Pool. The auditors recommended trying the
State Treasury Pool. Most cities do to see how - review it after a year and
decide what maybe our investment agents are doing a better job then pull it out.
But the monies that are in there are restricted, so that money wouldn't be going
in and out like our investment agents have been doing for us.
Bird: Investment agents (inaudible). That's on almost $500,000, you get $677
for the month of may? That's from the State of Idaho Investment Pool.
Smith: But when they actually come due, you'll see the big lump, when they
actually come due. They're kind of like JennyMaes. They have them in there.
When they actually come due, you'll see a big chunk of money.
Bird: Wouldn't show up on the monthly?
Smith: They don't accrue it every month. It's as it comes due. You'll see some
of those in the Buffingtons that do the same thing on the JennieMaes.
Bird: That truck fund you've got there is making actual is more than double to
date on the investment, the truck fund, than what you've got here.
Corrie: I'm not following you.
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Meridian City Pre-Council MeeHl,.
June 20, 2000
Page 3
Bird: If you take your $600 by 12, that's about $8,000 to date that they've made
us over $14,000 on $498,000 against $486,000.
Smith: But Buffington's interest on that is $40.90 and then their fee was $102.
Bird: Look here. Actual year-to-date income is $14,000 on $498,000. Actual
year to date inqome is $14,000 on that fire truck fund. This thing over here is
$677, and you multiply that by 12, I'm giving the benefit of the doubt is $8,000.
Smith: That's a whole year-to-date.
Bird: That's eight months. We'll take and multiply $677 by eight months, that's
about $5,000. I suggest you go pull every one of these and go back. There's no
way shape or form that State Pool is coming close to your private investment.
Anderson: (inaudible) other page where it says we made $40.90.
Smith: This is a monthly report. This other one is a year-to-date which you've
got nine months.
Anderson: But if you took year-to-date by $40, you're not going to have $14,000.
Smith: Because they're also - they might have some JennieMaes in there if they
come due at certain times like this one here. Forty dollars is not - I have to -
Bird: Where are you seeing $40?
Smith: ON the first page. Page 1 of 1.
Corrie: it says the interest on $498,000 is $40.
Smith: I have some detailed spreadsheets that are really thick, and I'll go back
and see where they have all that money.
Bird: This one here, this is the second sheet that we have grabbed it out of our
computers, right Janice? The third page is the one that Buffington Moore O'Neal
gives us?
Smith: Yes. The summary.
deWeerd: But this from the local (inaudible)
Bird: I understand that. Divide that by eight months.
(Inaudible discussion amongst Council members)
Meridian City Pre-Council Meeti(
June 20,2000 .
Page 4
Smith: I'll get you - I have a big, thick packet that they give me. I'll print those
out on that fire truck fund. See what the money is invested and what it's actually
drawing. It sounds like to me, Mr. Bird, we need to have an Investment
Committee meeting.
Bird: We never have, have we?
\
Smith: Yes, we have. Yes, you're on it. We'll set up the meeting for that.
Bird: Good job, Janice.
Smith: If there's nothing else, I will get you that detail first part of June.
deWeerd: Mr. Mayor, may I ask a question? Janice, have you gotten the
revenue projections to the department heads?
Smith: Not to the department heads. They have - some of them have given me
some figures, and just to ask, I'm going back and asking them if they see
something I don't see. So we're at that stage, and we're going to close - I hope
to have those here by Thursday to the department heads and to the Council so
that they know overall what that is. it will also have the percentage increase by
each one.
deWeerd: Mr. Mayor, is this the appropriate time to ask? On July 13 and 14
what the format for these hearings will be on our budget? Have we-
Corrie: We'll probably be doing that tomorrow night. Is that - Keith?
Bird: Yeah, we'll be doing that tomorrow night.
Smith: We do have everybody's - we're just getting them ready to compile into
an easier format for you to read like the personnel. Salary costs will be a certain
color. Expenses will be a different color. Table of contents so that you can read
through it.
deWeerd: Will those include actuals for the last couple of years? I know they
show it on the computer, but they don't show it in the printouts.
Smith: I don't have any with me. I think they do. I'm pretty sure I remember
mine. But I'll check on that and let you know. I'm going to give you an actual for
the last four years anyway. That one just had the one showing, but when you
get to each department, it's kind of nice to have that for the last four years.
That's off of the audited reports.
deWeerd: Thanks, Janice.
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Meridian City Pre-Council Meetil(
June 20,2000 '
Pages
Corrie: Any further discussion?
Bird: I have none.
Smith: Thank you.
Corrie: Lila and\Tom. Welcome, Lila.
Kuntz: Mayor and Council, you should have in your packets a memo dated June
6th to the Mayor and Council. There are two times I want to discuss with you.
One is on the Storey Park irrigation s~stem, but this first one is on the Generation
Plaza Historical Panels dated June 6 .
(Inaudible discussion amongst Council members)
Kuntz: Just a real quick refresher. What the memo states is that we had a dollar
amount budgeted for the historical panels of Generations Plaza as part of the
original construction project. I assume that money would be carried over to this
year, but it was not allowed to be carried over. So at this time, we have no funds
available in my current budget to fund this, the historical panels. Lila and Terry
Smith have been meeting weekly with Classic Design Studio, Noel Webber, to
put together the panels. Unfortunately, the price has gone from the estimate of
$8,000 to $10,000 up to about $17,000. Now, the option that we have since - as
far as financing this is that we will not expend all $85,000 which is currently in the
Generations Phase II construction budget. So we could use this money in that
budget at this point, and then would need to have the Council reappropriate that
$17- or $18,000 in next year's budget, otherwise we would be short of
construction money, and we plan on starting construction in August or
September. I'll let Lila kind of explain the panels.
(Most of Ms. Hill's testimony was inaudible as it wasn't captured in the
microphone.)
Hill: One of the difference in price is because we really didn't know what we'd
end up with at that time. No one had given us any instructions and the design -
more space than what we had originally planned for. These are three of the
panels that are set the way they would go. This is (inaudible) center on the east
side. These other two would probably go on the east side. The other three
panels that would go on the other side of the - in the corner of the plaza, would
be types of early photos of Meridian. Some of them are not that early. There's
some pictures taken of Meridian looking toward Boise. At this time, before the
(inaudible) opened up. Now, I'm going to pass this one down (inaudible) National
Park Services. Now, this is kind of (inaudible), but they will be invisibly mounted
by the (inaUdible) bolts going through or anything like that. There are a total of
44 pictures. The verbiage is not on these (inaudible) 1926 that says they are
(inaudible). So there are a few technicalities like that to work out. With the
,
Meridian City Pre-Councll Meetid,
June 20, 2000
Page 6
continuing construction of the plaza, (inaudible) more additional, update
(inaudible). Two large panoramic pictures of the very early (inaudible). But we
feel like (inaudible) big discussions about because they face each other on the
corner, but they're not the same size how we handle this. One of the (inaudible)
close to the (inaudible) all these kinds of things - the one that (inaudible) of 1916
Democratic rally in Meridian and barbecue. I think knowing the number of
Democrats that,have always been in Meridian, I think the Republicans came in
mass (inaudible). So, anyway, this is what they will do. There's somebody that
says this map (inaudible). They will (inaudible) more this color than - pictures be
in brown tone.
Corrie: Lila, are these behind some kind of a glass or plexi-glass?
Bird: Give him that panel right there.
Corrie: The only thing I was wondering is how scratchable is that?
Hill: It won't scratch.
Corrie: Maybe with a screwdriver or something like that?
Bird: You'd have to really gouge it.
Hill: It would do that on stone (inaudible). There's not much you can do. One of
the reasons to have the company put it on is (inaudible) they put it on, it's not
(inaudible).
Corrie: Good.
Hill: (inaudible) do it, they drop it (inaudible). I carried this in the backseat of the
car for three weeks upside down and the buckles on the car seat. (inaudible)
Corrie: Convinced me. Mr. Bird.
Bird: I had met with them one time down there, and I asked him the same thing.
I said, you know, I can get some polycarbonite put on there, and he said no. This
stuff - (inaudible). I think this is nice.
Hill: (inaudible) background.
Bird: Look nice.
deWeerd: That looks very nice.
Corrie: Any other comments, questions? I'll take your request -
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Meridian City Pre-Council Meet(
June 20, 2000
Page 7
Hill: (inaudible)
Corrie: I saw that first picture with all those people, and I thought that must be
the whole town of Meridian that came out and got their picture taken.
Bird: That was done in 1965.
Hill: If you look at it closely (inaudible) but this is the old Methodist Church
(inaudible) present Methodist Church. This house is still standing, and this house
is the house that's catty-corner from the Family Life Center of the Methodist
Church. In this case, you all (inaudible). This is where the Police Department is.
This is the old (inaudible). This is the Murry's Electronics Building, and this is the
cleaner's building.
Corrie: Okay. Now I know where I'm at.
Anderson: Lila, would there be some kind of captions that you'd put under each
one so that they'd know what the -
Bird: I think each one of them will have a caption under them, won't they?
Hill: This is the (inaudible) filling station that replaced it. This is (inaudible) the
whole section of Generations Plaza. (inaudible) approximately where the Fire
Department is now.
Bird: Mr. Mayor, I'd like to publicly thank Terry and Lila for all the time. They
have spent weeks, every week, one day a week at least, down at (inaudible)
getting pictures and everything.
Hill: We actually started on this a year ago. Historical Society picture collection
has been torn up for a year.
deWeerd: I think Tom mentioned over 100 hours?
Hill: I have no idea how much time we spent into it. Mary McPherson keeps
saying when are we going to get the pictures back? But we took a lot more in
than we - simply because we didn't know which ones.
deWeerd: Thank you.
Bird: But they have done a great job. Thanks, Lila.
Kuntz: So there will be some direction given on this project?
Bird: Yes. We can't do it now.
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Meridian City Pre-Council Meetih
June 20,2000 ..
Page 8
Kuntz: The second item, you should have a memo dated June 16th regarding to
2000 Capital Outlay for Storey Park Irrigation System. I'm not sure if it's totally
fair to ask the questions that I've asked in this memo before you've seen the
budget figures for next year. But when this project came to you as being
underfunded, there were some instructions given that if we had viable projects, to
use them on this year to do so with the possibility of the additional funds being
budgeted or th~ total project being funded next year. The staff has (inaudible)
Storey Park Irrigation system as a number one project for next year because of
the cost savings that we'll get from it. Employee-wise and maintenance-wise.
So I want to make sure that before we go out and spend any of that that we
would have the $155,000 secured for the irrigation system. If not, then to carry
that $70,000 over to help pay for that $155,000 if that's the wish of the Council
then. That's what we would like to do.
Corrie: Any questions of Tom?
Bird: I have none.
Corrie: Okay.
Kuntz: Thank you.
Corrie: Okay. Let's - anything on the Consent Agenda that we need to talk
about?
Bird: All the property Development Agreements signed and taken care of?
Corrie: We don't have T ouchmark's yet?
Berg: Mr. Mayor, members of the Council, we do not have Touchmark's
Development Agreement signed that I've seen. I'm sure if we did, we'd have the
Ordinance on the agenda. But we were waiting and waiting for it, and they were
supposed to have it to us, but we never did receive it.
Bird: Everything in line with Bear Creek? Yes, there's an Ordinance.
Berg: Yes, Bear Creek is signed by the developer ready to go and we have the
Ordinance on the regular agenda. We forgot to put that on the Consent Agenda.
That needs to be added.
Corrie: That would be Q?
Berg: Yes, it just slipped out of the Consent Agenda.
Corrie: That's Bevers appeal?
I.
Meridian City Pre-Council Meed
June,20, 2000 .
Page 9
Item D.
Item E.
Item F.
Tabled June 6f 2000: Findings of Facts and Conclusions of
Law: AZ 00-006 Request for annexation and zoning of 12.73
acres from R-T to L-O and R-15 zones by Vicki Welker / Gold
River Companies, Inc., for proposed Valeri Heights Subdivision -
northeast corner of Pine Avenue and Ten Mile Road:
Ta,bled June 6, 2000: Findings of Facts and Conclusions of
Law: PP 00-005 Request for Preliminary Plat approval for
proposed Valeri Heights Subdivision with 10 building lots and 2
other lots on 12.73 acres in proposed L-O and R-15 zones by Vicki
Welker I Gold River Companies, Inc. - northeast corner of Pine
Avenue and Ten Mile Road:
Tabled June 6, 2000: Findings of Facts and Conclusions of
Law: CUP 00-014 Request for Conditional Use Permit for
proposed Valeri Heights Subdivision for a 128-unit apartment
complex, townhouses and office on 12.73 acres in proposed L-O
and R-15 zones by Vicki Welker I Gold River Companies, Inc. -
northeast corner of Pine Avenue and Ten Mile Road:
Bird: Mr. Mayor. The last one on June 6th, Mr. Anderson had requested that we
table the Valeri Heights until they had a neighborhood meeting. I can't do
anything regarding that, but would he like to do something on those three
requests?
Anderson: Mr. Mayor, I'm not sure how to approach that. Can I ask legal
counsel what my options are?
Corrie: You certainly may.
Nichols: Councilman Bird, Mayor, members of the Council, if I recall correctly,
what we were waiting on was a neighborhood meeting with the developer to see
if some of the issues and objections that were voiced at the public hearing could
be overcome, changes perhaps made in the development that would meet those
objections.
Anderson: So how do we hear the results of that meeting? Or can we?
Nichols: I would say that it would be the Mayor's office or staff as administration
could receive a communication with regard to the outcome of that meeting, and
then the out - if I recall correctly, what we looked at was if they had a meeting
and they resolved the issues and if you wanted to reconsider the issue, then a
Council member who voted with the majority would have to move to reconsider
then the Council would have to approve the motion, and then to receive new
information for changes in the design, we would have to open up a public
Meridian City Pre-Council Meeti~.r
June 20, 2000
Page 10
hearing so that information could be received. Perhaps Mr. Berg can correct me,
but I think that's the approach that we would need to take.
Anderson: So we should remove this from the Consent Agenda if we're going to
do anything on it.
Nichols: Correct.
Anderson: One' more question, then, I guess is as far as hearing what the
outcome of that meeting was, if it's removed from the Consent Agenda and if I
rescinded my vote in the majority, then we could hear new information. Has it
been noticed, then as a public hearing? How would the people who attended
that meeting be able to let us know what the outcome of that was?
Nichols: We would have to, Councilman Anderson, Mayor, members of the
Council, schedule a public hearing with posting and the notices and publication in
the newspaper all over again at a date in the future as far as to get the specifics.
I think you could receive the information as to whether or not they have it worked
out without getting the details so that you would know whether to move to
reconsider. It's just that you could get the details, but the fact of the matter is
you couldn't use them in any decision you might make. So you'd have to have
the hearing anyway. You might as well get the information once as opposed to
twice.
Corrie: Did that answer your question?
Anderson: With that being the case, Mr. Mayor, I would request that we take
Items D, E and F off the Consent Agenda and put them on the Regular Agenda.
Bird: Where are you going to move it to, Mayor?
Corrie: One-A.
Bird: One-A.
Corrie: What are you going to do with A? Just table it again?
Bird: We have to table that, don't we, to the sth?
Corrie: All right.
deWeerd: So would that be 1a, band c?
Corrie: Yeah, if you could do it all at one time.
Meridian City Pre-Council Meet( ....
June 20, 2000 ..
Page 11
Item 4.
Item 6.
Public Hearing: CUP 00-026 Request for a Conditional Use
Permit by Tara L. Gorton for a small child care center for 12 and
over children currently in an R-8 zone - 420 East Broadway
Avenue:
Continued public hearing from June 6, 2000: CUP 00-006
Re,quest for Conditional Use Permit for existing car dealership (2
buildings) on front four acres and proposed 72,000 sJ. Fairview
Mini-Storage on the back four acres - 1005 East Fairview Avenue:
deWeerd: Mr. Mayor, on the Regular Agenda, we would, on Item 4 and 6, the
applicants have requested to withdraw their applications. Four and six.
Corrie: Okay.
Item 7.
Item 8.
Continued public hearing from June 6, 2000: AZ 00-008
Request for annexation and zoning of 23.6 acres for proposed
residential and commercial zones from AP (County zone) to C-G,
C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group
- SE %, SW %, Section 6, T3N, R1E:
Continued public hearing from June 6f 2000: PP 00-008
Request for Preliminary Plat approval of 24.89 acres with 5 lots in
R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare
Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E:
deWeerd: Then I had a question on No. 7 and 8. At our last meeting, we tabled
or continued this because we had a letter from the land owner asking that the
application be withdrawn. But then the applicant who was not the land owner did
not request that. So have we - do we know where we're at with that application?
Corrie: Mr. Clerk.
Berg: Mr. Mayor, Council, I was looking through to see if we had documentation,
and I left the project file in my office. I was going to get them between meetings.
What I was instructed to do was to notify the people that were in attendance to
the meeting that we presume that the hearing would have been closed because
the owner's request to withdraw, notify them that there was going to be a public
hearing tonight. We did send out first-class mailings for that. I just don't have
that information at hand to document. I haven't received any other information in
my office for these two projects.
Corrie: Do we have in hand a request by the owner that they are refusing to
request annexation and preliminary plat? Do we have it in hand?
/
Meridian City Pre-Council Meed,
June 20, 2000 .
Page 12
Berg: Mr. Mayor, City Council, we had that at our last meeting that was a letter
from the owner withdrawing the application. I don't have that in my file with me,
but I can get it real quickly. That led to the discussion that the applicant didn't,
but the owner of the property had withdrawn.
Corrie: Okay. Have we gotten anything from the owner of the property saying
anything differellt than that?
Berg: Not that I'm aware of. We haven't received any other information.
Nichols: Mr. Mayor, members of the Council, I suggest you leave it on the
agenda and you just ask the applicant "Do you have anything in writing that
rescinds this revocation of consent to annexation?" If you don't, I would either
table the hearing further or continue the hearing or - there's no sense in going
forward with the hearing because at this point all we have in record is the
withdrawal of consent. Therefore, the necessary conditions is not going to be
overcome.
Corrie: Thank you. Shari, Gary, do you have anything that you need to enlighten
us on or carry over?
Item 1.
Ordinance No. 876: RZ 00-002 Request for rezone of 76.24
acres from I-L to R-4 for all phases of Crossroads Subdivision -
% mile south of Fairview Avenue on the east side of Eagle Road:
Stiles: Mr. Mayor and Council, I just had a couple of - this is actually on an
Ordinance on No.1, Page 1. It says the owner has made a written request and
the City of Meridian was the one that made that request.
Corrie: On Item 1?
Stiles: Yes. The Ordinance of the rezone for the Crossroads Subdivision. I
guess my other comments would be during the public hearings. Just some
clarifications on Planning and Zoning's recommendations.
Item 18.
Ada County Development Services 00-10PDR I 00-05 ZC -
Preliminary Plat for Edinburgh Subdivision - 53 lots and 5 other
lots on 17.76 acres by Steve Smith - % mile east of Eagle Road on
McMillan Road:
McCandless: Mr. Mayor, would you explain to me No. 18 on the Regular
Agenda? Is it Ada County Development Services? Preliminary plat for
Edinburgh Subdivision.
Corrie: Shari, would you do that for me? That was one of my questions, too.
.r ~.' .
!
Meridian City Pre-Council Meetik.
June 20, 2000
Page 13
Stiles: Mr. Mayor and Council, when that project was initially proposed was the
motion that was made was based on skipping two sewer boundaries to serve the
development. They have since gone to Ada County and requested a down-
scaled version of the plat that would be, I think, around 56 lots, 53 of which would
be single-family homes. They ask for a reconsideration, and it's not really a
reconsideration now because Ada County is considering it a new project because
it's not the entire, 40 acres. It's only about 17 acres. I don't know what's changed
your mind, but that's what they're asking for. I think that they - what I think is
what they felt is that Council might have considered it if it weren't the entire 40
acres, but I don't think that they realize that wasn't the decision that was made;
didn't have anything to do with only being able to physically take the sewage
from part of the development. So it's a reconsideration. It's a different project
because it is not the entire 40 acres, but I don't know if they have any other
information that would make any decision differently than you already have.
Corrie: So this is 138 lots on 40 acres; that's wrong?
Stiles: Right. It should be the 56 or so on 17-some acres.
Corrie: And they're going through Ada County Development Services now?
Stiles: Yes.
Corrie: Rather than us?
Stiles: They'd have to go through Ada County to be approved, but-
McCandless: Isn't that what they brought before us before?
Bird: No.
McCandless: Only developing 52 or whatever it was?
Stiles: They proposed that, I think, when they talked to you. I know that the
Public Works Department stated that physically they couldn't handle more than
the 52, so they came back in showing not the entire plat, and they're only
showing those lots. I don't really know what the difference is. Do you have any-
McCandless: I guess I don't see any difference.
Stiles: I don't either, personally. We put it back on the agenda because they feel
it's a new project, a different project that needs to be acted on.
McCandless: Thank you, Shari.
Corrie: Anything else, Council?
,
Meridian City Pre-Council Meeti~,
June 20, 2000
Page 14
Bird: I have none.
Corrie: All right. Why don't we adjourn and start the meeting in about five
minutes, then.
Bird: So moved~
deWeerd: Second.
Corrie: Motion made and seconded to adjourn the preliminary session; all those
in favor say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 7:23 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~
LLlAM G. BERG, JR., ITY CLERK&
Meridian City Council Meeting
June 20. 2000
The regularly scheduled meeting of the Meridian City Council was called to order
at 7:35 p.m. on Tuesday, June 20, 2000, by Mayor Robert D. Corrie.
Members present: Robert Corrie, Keith Bird, Cherie McCandless, Ron
Anderson, Tammy deWeerd.
\
Others present: .BiII Gordon, Shari Stiles, Gary Smith, Bill Nichols, Will Berg.
Corrie: I'll open the regular City Council meeting for June 20, 2000 at 7:35 p.m.,
and we'll have roll-call with the City Clerk, please. Thank you. I want to
welcome all of you here tonight. It's such a beautiful night out. I appreciate you
spending some time inside here when you could be outside this evening. Before
we start, I want to let you know that items on the agenda for, on the regular
agenda, Item 4 and Item 6, the hearing for the Tara L. Gordon, a small childcare
center, and also the public hearing on the request for Conditional Use Permit on
Fairview Mini Storage, those have been withdrawn by the applicants, so we will
not have those two items on the agenda tonight. They've been withdrawn. Also,
we will add an Item Q on the Consent Agenda that we forgot to put on, the
appeal of the Planning and Zoning Administrator's interpretation of Tim Bever on
the car rental.
Item A.
Item B.
Item C.
Item D.
Tabled June 6, 2000: Findings of Fact 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 Touchmark Living Centers - Joseph A. Billig - east of
St. Luke's between Franklin Road and Interstate 84: Tabled to
July 5, 2000
Development Agreement: AZ 99-010 Request For Annexation
And Zoning Of 150.79 Acres Of Land For R-4 Zoning By Bear
Creek, LLC - East Of Stoddard Road & South Of Overland:
Approve - Resolution No. 326
Tabled June 6f 2000: Findings of Facts and Conclusions of
Law: PP 99-010 Request for preliminary plat for proposed Bear
Creek Subdivision of 326 single-family lots on 150.79 acres by
Bear Creek, LLC - east of Stoddard Road and south of Overland
Road: Approve
Tabled June 6, 2000: Findings of Facts and Conclusions of
Law: AZ 00-006 Request for annexation and zoning of 12.73
acres from R-T to L-O and R-15 zones by Vicki Welker I Gold
River Companies, Inc., for proposed Valeri Heights Subdivision -
Meridian City Council Meeting
June 20,2000
Page 2
Item E.
Item F.
Item G.
Item H.
Item I.
Item J.
Item K.
northeast corner of Pine Avenue and Ten Mile Road: Reconsider-
Renotice for July 18, 2000
Tabled June 6, 2000: Findings of Facts and Conclusions of
Law: PP 00-005 Request for Preliminary Plat approval for
proposed Valeri Heights Subdivision with 10 building lots and 2
other lots on 12.73 acres in proposed L-O and R-15 zones by Vicki
Welker I Gold River Companies, Inc. - northeast corner of Pine
Avenue and Ten Mile Road: Reconsider - Renotice for July 18,
2000
Tabled June 6, 2000: Findings of Facts and Conclusions of
Law: CUP 00-014 Request for Conditional Use Permit for
proposed Valeri Heights Subdivision for a 128-unit apartment
complex, townhouses and office on 12.73 acres in proposed L-O
and R-15 zones by Vicki Welker I Gold River Companies, Inc. -
northeast corner of Pine Avenue and Ten Mile Road: Reconsider-
Renotice for July 18, 2000
Findings of Facts and Conclusions of Law: AZ 00-004 Request
for annexation and zoning of 16.119 acres from R-T to C-G for
proposed Resolution Business Park by G.L. Voigt / Overland,
LLC - south of Overland Road and east of Locust Grove Road:
Approve
Findings of Facts and Conclusions of Law: RZ 00-003 Rezone
of 37.64 acres from an R-4 to an L-Q zone for proposed
Resolution Business Park by G.L Voigt I Overland, LLC - south
of Overland Road and east of Locust Grove Road: Approve
Findings of Facts and Conclusions of Law: CUP 00-017
Request for Conditional Use Permit for proposed Resolution
Business Park for a planned commercial development consisting
of multi-family, commercial, office and LDS seminary in proposed L-
o and C-G zones by G.L Voigt / Overland, LLC - south of
Overland Road and east of Locust Grove Road: Approve
Findings of Facts and Conclusions of Law: PP 00-006 Request
for Preliminary Plat approval of 17 building lots and 2 other lots on
107.06 acres for proposed Resolution Business Park by G.L
Voigt / Overland, LLC - south of Overland Road and east of Locust
Grove Road: Approve
Findings of Facts and Conclusions of Law: CUP 00-015
Request for Conditional Use Permit for an ice arena consisting of
office, pro shop, fitness center, restaurant, locker room and
Meridian City Council Meeting
June 20, 2000
Page 3
Item L.
Item M.
Item N.
Item o.
Item P.
ItemQ.
equipment storage for proposed Resolution Business Park I Lee
Smith Ice Arena by Pat McKeegan - south of Overland Road and
east of Locust Grove Road: Approve
Findings of Facts and Conclusions of Law: CUP 00-016
Request for Conditional Use Permit for a 200-unit luxury apartment
complex in a proposed L-O zone for proposed Resolution
Business Park by G.L. Voigt / Overland, LLC - south of Overland
Road and east of Locust Grove Road: Approve
Findings of Facts and Conclusions of Law: CUP 00-022
Request for a Conditional Use Permit for Generations Park Plaza I
by Cole Associates Architects for the revitalization of an existing
building to house a restaurant and offices in an OT zone: Approve
Findings of Facts and Conclusions of Law: CUP 00-023
Request for Conditional Use Permit for Generations Park Plaza II
by Cole Associates Architects for the demolition of an existing auto
garage structure and construction of a new two-story retail/office
building in an OT zone - East 1 st and East Pine Avenue: Approve
Findings of Facts and Conclusions of Law: CUP 00-027
Request for Conditional Use Permit by Meridian Joint School
District No. 2 for a marketing education classroom to
accommodate two non-concurrent classes of 25-30 students each
currently in a C-G zone - 357 Watertower Lane: Approve
Development Agreement: AZ 00-007 Request for annexation and
zoning of 6.68 acres from RT to L-O for proposed Carol
Professional Center by J-U-B Engineers, Inc. - west side of Eagle
Road between Fairview Avenue and Ustick Road: Approve -
Resolution No. 327
Order Granting Appeal - Tim Bever: Approve
Corrie: Council, you have the Consent Agenda. What is your pleasure on that?
Bird: Mr. Mayor, on the Consent Agenda, Item A will be tabled to July 5, 2000;
Items D, E and F will be moved to the regular agenda as Items 1 a, and you've
already stated that Q was added. With that, I would move that we approve the
Consent Agenda.
Anderson: Second.
Meridian City Council Meeting C
June 20, 2000
Page 4
Corrie: Motion is made and seconded to approve the Consent Agenda with Item
A being tabled to July 5, 2000, and Item D, E and F be removed and placed on
the first item of the regular agenda. Any further discussion? Hearing none, roll-
call vote.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
Item 1a.
(Item D.) Tabled June 6, 2000: Findings of Facts and
Conclusions of law: AZ 00-006 Request for annexation and
zoning of 12.73 acres from R-T to L~O and R-15 zones by Vicki
Welker / Gold River Companies, Inc., for proposed Valeri Heights
Subdivision - northeast corner of Pine Avenue and Ten Mile
Road: Reconsider - Renotice for July 18, 2000
(Item E.) Tabled June 6, 2000: Findings of Facts and
Conclusions of Law: PP 00-005 Request for Preliminary Plat
approval for proposed Valeri Heights Subdivision with 10 building
lots and 2 other lots on 12.73 acres in proposed L-O and R-15
zones by Vicki Welker / Gold River Companies, Inc. - northeast
corner of Pine Avenue and Ten Mile Road: Reconsider - Renotice
for July 18,2000
(Item F.) Tabled June 6, 2000: Findings of Facts and
Conclusions of Law: CUP 00-014 Request for Conditional Use
Permit for proposed Valeri Heights Subdivision for a 128-unit
apartment complex, townhouses and office on 12.73 acres in
proposed L-O and R~15 zones by Vicki Welker / Gold River
Companies, Inc. - northeast corner of Pine Avenue and Ten Mile
Road:
Corrie: We'll open the regular agenda, Item 1A which is Item D, E and F of the
Consent Agenda. The Findings of Facts and Conclusions of Law was D, of the
request for annexation and zoning of Valeri Heights Subdivision; Item E is the
Findings of Facts and Conclusions of Law, request for preliminary plat of Valeri
Heights Subdivision; Item F is the Findings of Facts and Conclusions of Law,
request for a Conditional Use Permit for Valeri Heights.
Anderson: Mr. Mayor, I would like to rescind my vote on these three items from
earlier so that we may hear some additional comments on this project.
Corrie: Okay. Mr. Nichols, do you want to explain what we're doing here?
need a second first on this.
Bird: Second.
Meridian City Council Meeting
June 20, 2000
Page 5
Nichols: Mr. Mayor and Council members, Councilman Anderson, if I understand
the parliamentary procedure correctly, the right thing to do is for Councilman
Anderson to move to reconsider these applications since he voted with the
majority and then to get a second to that motion to reconsider.
Anderson: Mr. Mayor, I would then make a motion to reconsider these particular
items.
Bird: I'll second it.
Corrie: Motion is made and seconded to hear Items D, E and F, and to have a
new public hearing for new testimony on that particular items. Any further
discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
Corrie: What's the date that we can set to notice this for public hearing? July
18th. Then we will send out notices and the public hearing for additional
testimony or any new testimony on those Valeri Heights' applications will be at
7:30 on July 18, 2000. Mr. Nichols, anything else we need to do on that one,
then?
Item 1.b.
Ordinance No. 876: RZ 00-002 Request for rezone of 76.24
acres from I-L to R-4 for all phases of Crossroads Subdivision -
% mile south of Fairview Avenue on the east side of Eagle Road:
Corrie: Item 1 B is an Ordinance, request for rezone of 76.24 acres from I-L to
R-4 on all phases of Crossroads Subdivision, quarter mile south of Fairview
Avenue on the east side of Eagle Road. Mr. Berg, if you will give us the
Ordinance No. and read the Ordinance by title only, please.
Berg: Thank you, Mr. Mayor. Ordinance No. 876: An Ordinance changing the
zoning classification for certain real property, 76.24 acres, in the commonly
known Crossroads Subdivisions 1, 2, 3, 4, 5, 6 and 7 that lies within the
boundaries of the City of Meridian from I-L, Light Industrial zoning district to
entirely R-4, low density residential district, as defined under Meridian City Code
11-7 -2C, repealing all ordinances, resolutions, orders or parts thereof in conflict
herewith and directing the City Engineer to add said rezoning designation to the
official maps of the City of Meridian, Idaho.
Corrie: You've heard the reading of the Ordinance No. 876 by title only. Is there
anyone from the public that would like to have Ordinance 876 read in its entirety?
Hearing none, I'll entertain a motion on Ordinance No. 876.
Meridian City Council Meeting
June 20, 2000
Page 6
Bird: Mr. Mayor, before I make the motion, I believe this is the one that Shari
wanted the change. That was in Findings of No.1, Section 1, and it was City
instead of the owner.
Berg: Mr. Mayor, if the Council would follow along, cross out "owner of the
following described property" and insert "City of Meridian."
Bird: Mr. May6r, with that change, I move that we approve Ordinance 876,
request for rezone of 76.24 acres from I-L to R-4 for all phases of Crossroads
Subdivision % mile south of Fairview Avenue on the east side of Eagle Road
and for the Mayor to sign and the Clerk to attest.
deWeerd: Second.
Corrie: Motion made and seconded to approve Ordinance No. 876 with the
suspension of rules. Any further discussion? Hearing none, roll-call vote,
please.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 2.
Ordinance No. 877: AZ 00-007 Request for annexation and
zoning of 6.68 acres from RT to L-O for proposed Carol
Professional Center by J-U-B Engineers, Inc. - west side of Eagle
Road between Fairview Avenue and Ustick Road:
Corrie: Item NO.2 is Ordinance No. 877, request for annexation and zoning of
6.68 acres from RT to L-O for proposed Carole Professional Center by J-U-B
Engineers. Clerk, if you will read Ordinance No. 877 by title only, please.
Berg: Thank you, Mayor. Ordinance No. 877: An Ordinance finding that certain
land lies contiguous or adjacent to the City limits of the City of Meridian, County
of Ada, State of Idaho; and finding that the owner has made a request for
annexation in writing to the Council; and that said land be annexed into the City
of Meridian and zoning designated limited office district (L-O); and declaring that
said land by proper legal description as described below be part of the City of
Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions,
orders or parts thereof or in conflict herewith; and directing the City Engineer to
add said property to the official maps of the City of Meridian, Idaho, and directing
the Clerk of the City of Meridian to file a certified copy of the Ordinance and map
of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and
Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho
Code Section 50-223 and Section 63-2215.
Meridian C~y Council Meeting!
June 20, 2000 ..
Page 7
Corrie: You've heard the reading of the Ordinance 877 by title only. Is there
anyone from the public that would like to have the ordinance read in its entirety?
Hearing none, I'll entertain a motion on Ordinance No. 877.
deWeerd: Mr. Mayor, I move that we approve Ordinance No. 877, request for
annexation and zoning of 6.68 acres from RT to L-O for the proposed Carole
Professional Center by J-U-B Engineers, and to have the Mayor sign, Clerk
attest, with suspension of the rules.
Anderson: Second.
Corrie: Motion made and seconded to approve Ordinance No. 877 with
suspension of the rules. Any further discussion? Hearing none, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALLAYES
Item 3.
Ordinance No. 878: AZ 99-010 Request for annexation and
zoning of 150.79 acres of land For R-4 Zoning By Bear Creek, LLC
- East Of Stoddard Road & South Of Overland:
Corrie: Item No.3, Ordinance No. 878, request for annexation and zoning of
150.79 acres of land for R-4 zoning by Bear Creek, LLC, east of Stoddard Road
and south of Overland Road.
Berg: Mr. Mayor, members of the Council. Ordinance No. 878: An Ordinance
finding that certain land lies contiguous or adjacent to the City limits of the City of
Meridian, County of Ada, State of Idaho; and finding that the owner has made a
request for annexation in writing to the Council; and that said land be annexed
into the City of Meridian and zoning designated low density residential district
( R-4); and declaring that said land by proper legal description as described
below be part of the City of Meridian, County of Ada, State of Idaho; repealing all
ordinances, resolutions, orders or parts thereof or in conflict herewith; and
directing the City Engineer to add said property to the official maps of the City of
Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified
copy of the Ordinance and map of the areas to be annexed with Ada County
Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the
State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215.
Corrie: You've heard the reading of Ordinance No. 878 read by title only. Is
there anyone from the public that would like to have Ordinance No. 878 read in
its entirety? Hearing none, I'll entertain a motion on the Ordinance.
McCandless: Mr. Mayor, I move that we approve Ordinance No. 878 for
annexation and zoning of 150.79 acres for R-4 zoning by Bear Creek, LLC, east
Meridian City Council Meeting(
June 20, 2000 ' .
Page 8
of Stoddard Road and south of Overland and the Mayor to sign and the Clerk to
attest with suspension of rules.
Bird: Second.
Corrie: Motion made and seconded to approve Ordinance No. 878 with
suspension of rules. Any further discussion? Hearing none, Mr. Clerk, roll-call
vote, please. \
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
Item 4.
Public Hearing: CUP 00-026 Request for a Conditional Use
Permit by Tara l. Gorton for a small child care center for 12 and
over children currently in an R-8 zone - 420 East Broadway
Avenue:
Corrie: Item 4 has been withdrawn by the applicant.
Item 5.
Continued public hearing from June 6f 2000: CUP 00-021
Request for Conditional Use Permit for a group, in-home daycare
by Oeanne Young - 2176 East Lochmeadow Court:
Corrie: Item 5 is a continued public hearing from June 6, 2000. Request for
Conditional Use Permit for a group, in-home daycare by Deanne Young, 2176
East Lochmeadow Court. At this time I'll open the public hearing and invite staff
comments first.
Stiles: Mr. Mayor and Council, this is for a group daycare, six to twelve children
in Chateau Meadows Subdivision. We'd recommend approval with the
recommendations of Planning and Zoning Commission.
Corrie: Okay, is the applicant here tonight?
Young: Good evening. My name is Deanne Young, and I live at 2176 East
Lochmeadow Court, and I am applying for a Conditional Use Permit for the group
in-home daycare.
Corrie: Okay. Anything you want to say? All right. Thank you.
deWeerd: Mr. Mayor, I just wanted to ask Mrs. Young if she had any objections
to P & Z's recommendations.
Young: There was 1.15; number of children proposed by the daycare, they have
to be licensed by Central District Health. They don't license. Only the State
licenses, so I just wanted to make sure that was clear with the City. Other than
that, that was it.
Meridian City Council Meeting(
June 20, 2000 .
Page 9
deWeerd: Thank you.
Corrie: Public hearing is now open. Is there anyone in the public that would like
to issue testimony on this request?
Anderson: Mr. Mayor, seeing no one come forward, I would make a motion that
we close the public hearing.
,
Bird: Second. .
Corrie: Motion is made and seconded to close the public hearing. Any further
discussion? Hearing none, all those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: Discussion?
Bird: I have none.
Corrie: Hearing none -
deWeerd: Mr. Mayor, I just wanted to ask Shari on Item 1.15, what was the
intent behind that?
Stiles: that was listing that response from Central District Health Department.
The only thing I can think of is if meals are served there, they do need to go
through some approval process through them, but that was a direct response
from Central District Health Department. That's why it's in there.
deWeerd: So the intent is if she serves meals and she has to get Iicensing-
Stiles: If there's some kind of a kitchen - I don't know what it means.
deWeerd: Mr. Attorney, do we need to clarify that in this document?
Nichols: Councilwoman deWeerd, Mayor, members of the Council, I can't find
my copy of the Central District's recommendation, but if they don't license
daycares, and I don't believe that they do, but the State of Idaho does, you just
simply - make that correction, but I don't know that it needs to be clarified in this
particular Conditional Use Permit if it's a requirement by State Law that she has
to have some additional license, she's going to have to do that as a matter of
State Law.
deWeerd: So would we take this condition out?
Anderson: (inaudible) State of Idaho instead of Central District Health.
Meridian City Council Meeting'
June 20, 2000 ..
Page 10
(
i.
Nichols: You would correct it to say State of Idaho.
deWeerd: Mr. Mayor, I move that we have the City Attorney prepare Findings of
Facts and Conclusions of Law to approve the request for Conditional Use Permit
for a group, in-home daycare by Deanne Young; to note the change on Page 4 of
Item 1.15 to strike out COHO and add the State of Idaho.
Anderson: Secdnd.
Corrie: Motion made and seconded to have the attorney draw up Findings of
Facts and Conclusions of Law with approval with the changes noted on the form.
deWeerd: And Decision of Order.
Corrie: Any further discussion? Hearing none, Mr. Berg, roll-call vote.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 6.
Continued public hearing from June 6, 2000: CUP 00-006
Request for Conditional Use Permit for existing car dealership (2
buildings) on front four acres and proposed 72,000 sJ. Fairview
Mini-Storage on the back four acres -1005 East Fairview Avenue:
Corrie: Item 6 has been requested to be withdrawn by the applicant.
Item 7.
Item 8.
Continued public hearing from June 6f 2000: AZ 00-008
Request for annexation and zoning of 23.6 acres for proposed
residential and commercial zones from AP (County zone) to C-G,
C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group
- SE %, SW %, Section 6, T3N, R1E:
Continued public hearing from June 6, 2000: PP 00-008
Request for Preliminary Plat approval of 24.89 acres with 5 lots in
R-B, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare
Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E:
Corrie: Item 7 is continued public hearing from June 6, 2000; request for
annexation and zoning of 23.6 acres for a proposed residential and commercial
zones from AP, county zone, to C-G, C-N, R-15 and R-8 for proposed Teare
Terrace. We also have Item 8 which is a continued public hearing for request for
preliminary plat, and I would ask the Council if you'd like to open the public
hearing on both 7 and 8 and get testimony for both of those at the same time. I
think we have a question in mind here anyway.
Meridian City Council Meeting
June 20, 2000
Page 11
Bird: I wouldn't mind that.
Corrie: At this time I'll open the public hearing on Items 7 and 8 and have staff
comments first. We had a little bit of (inaudible) last week about if I'm
remembering right, about the applicant withdrawing the annexation - was it the
owner? Was it? Okay.
Nichols: Mr. Mayor, members of the Council, we had a letter from the attorney
for the owner indicating withdrawal of consent on the annexation. At the meeting
on the sixth, the applicant orally informed the Council that they had received
word that the attorney's letter had been rescinded, and I believe we informed the
applicant that we needed to have something in writing to that effect. I do not
know whether anything has been received.
Corrie: Okay. Any other comments from staff at this time?
Stiles: I did have a conversation with the owner's attorney, but I - he said that
they were working things out, but I have still not received anything in writing. I
had specifically asked him for something in writing or at least for them to be here
at the meeting tonight. So I don't think Will has anything in the file submitted.
Berg: Mr. Mayor, members ofthe Council, I have not received anything.
Corrie; Is the applicant here tonight?
Atwood: Mr. Mayor, City Council, we have (inaudible) the owner's attorney-
Corrie: Name and address.
Atwood: I'm sorry. Leroy Atwood, I'm a partner with Zambezi Group. - did
verify that they did, in fact, mail a letter. I sent our realtor to get a copy of the
letter. He did not bring it with him. So if you want to hear us a little later, that
would be fine, but he assured us on the phone that he had, in fact, mailed - and
he also said that he had called and verified the letter had been received.
Corrie: Are they going to bring that letter tonight?
Atwood: Yes. He didn't have it with him, so we sent him to get it so you'd have
it.
Bird: Is it a copy or the original?
Atwood: I'm sure it'll be a copy because the original should have come here.
Corrie: Mr. Attorney, do we need the original to table this?
Meridian City Council Meeting
June 20, 2000
Page 12
Nichols: Mr. Mayor, members of the Council, there may be people here that
have set aside this evening to testify on this matter. If - I'll take Mr. Atwood's
representation at face value that he has a copy of the letter rescinding the
withdrawal of consent, then I would say that's sufficient to go ahead and proceed
as long as we have that letter before the hearing's done.
Atwood: Mr. Mayor, I sent him to get it. I'm sorry we don't have it here, but he
said that he'd be\back very shortly to get it here.
Corrie: There are people here to testify on this subject here tonight? Okay. Why
don't we just table this for right now because there's nobody here for discussion,
and whenever he gets here, we can enter it in and have a discussion if it's all
right with you.
Bird: You want to continue it?
Corrie: We'll just move it down on the schedule a little bit because there's
nobody here to testify on 7 and 8. We need that - We won't close it. We'll just
move it down.
Bird: Mr. Mayor, I move that we move Items 7 and 8 to a later time when the
realtor gets here with the letter. Then we can take it in after the item we're on.
Atwood: Thank you.
deWeerd: Second.
Corrie: Motion made and seconded to move this down to a later time this
evening until the realtor gets here with a letter. Any further discussion? All those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 9.
Continued public hearing from June 6, 2000: AZ 00-009
Request for annexation and zoning of 101.4 acres from RT to R-4
for proposed Autumn Faire Subdivision by Gem Star Properties,
LLC - southwest corner of Black Cat and Ustick Roads:
Item 10.
Continued public hearing from June 6, 2000: PP 00-009
Request for Preliminary Plat approval for 78.4 acres with 263
building lots and 12 other lots for proposed Autumn Faire
Subdivision by Gem Star Properties, LLC - southwest corner of
Black Cat and Ustick Roads:
Corrie: Item No.9, continued public hearing from June 6, 2000, request for
annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire
Meridian City Council Meeting
June 20,2000
Page 13
Subdivision by Gem Star Properties. Also, I would like to open the public hearing
on Item 10 which is a request for a preliminary plat for the same subdivision, and
the testimony can be used for both public hearings. Staff report first.
Stiles: Mr. Mayor and Council, this is for the annexation and zoning of 101 acres
at the southwest corner of Ustick Road and Black Cat. They - on this map, what
they had initially proposed was to have these as out-parcels and not to annex
them. They were requested by Planning and Zoning to incorporate those into the
annexation so they would not be out-parcels. They have proposed - they have
submitted a revised plat based on some of the comments that were made. One
in particular that was made was that there was a park that was needed in this
area in the Comprehensive Plan. They have worked with our staff and with the
Parks Director to propose an approximate 7 -acre park site. This is not sewerable
area here at this time, and this is not being proposed as part of the platting at this
time. I believe they've talked to Mr. Nichols about the fact that they do not own
this property yet, and I didn't know how that was going to work out, how they
would - if the Development Agreement requires this as part of the approval, how
they're going to deed this over to the City if they don't have legal ownership of it.
Nichols: Mr. Mayor, members of the Council and Shari, the issue was just raised
last week with regard to this, at least as far as I knew, about this parks issue. I
asked the owner's attorney, Mr. Bradbury, to see if a solution could be worked
out with the applicant that would take care of this Parks issue. I wasn't able to
touch base with him until - I can't recall if it was Friday or it may have been just
yesterday because of the phone-tag problem. So now that - one of the owners,
partners and the owner, Mr. Langley, is here, and he can tell the Council whether
that issue has been resolved or not. As it stands now in this first plat, the park
isn't in the first phase. But it's my understanding that the applicant has at least
contracted to buy, although I don't know what conditions are in that, but he has
negotiated with this other parcel where the park would be, but how that fits into
this overall scheme, I'm not exactly sure how it works. There hasn't been a lot of
time to develop that part of it. So Mr. Langley could answer those questions, I
think, better than I can at this point.
Corrie: Anything else?
Stiles: We have since - even since this was drawn, we have met with the
applicant's representative, and they will be making some changes to the plat to
meet our conditions and Ordinance requirements, and they also will have agreed,
at least verbally, to meet the fencing and landscaping requirements that we
typically ask for platting purposes and that they would have to have that fencing
in place prior to applying for building permits. Hopefully they have some
solutions to the park issue. We appreciate them working with us and working
toward a mutually agreeable project. As you can see, what the proposed park
plan is, they've shown a future lot all around, and this would be the entire park
area that was surrounded by a road. So it'll give it a good open feeling to the
Meridian City Council Meeting (
June 20, 2000
Page 14
project. They have also left this parcel out of the plat, I believe, but that would be
a single-family residence that's existing there, and I believe there's another
single-family residence on this property here. So provided that the park situation
can be worked out, staff would recommend approval with staff conditions.
deWeerd: Mr. Mayor, I have a question for Shari. Shari, then on the retention
areas, will those be usable or landscaped or how exactly have they designed
those? \.
Stiles: They would be landscaped. They will need to submit detailed landscape
plans with the final plat submittal. I don't know if they're detention ponds or
retention ponds, but we would look at the design of that, and hopefully they will
design it so it's a usable, open area and not have to be fenced off.
deWeerd: Have they increased their landscape buffer, then, from the 22 feet to
30?
Stiles: The latest plat I have shows only 22 feet. Where did you get 30?
deWeerd: In the recommendations.
Stiles: Is that the plat recommendation?
deWeerd: I believe it is. I'll try and find it.
Bird: One nine in the recommendations, Page 4, Shari.
deWeerd: On the preliminary plat.
Bird: Yeah.
Stiles: I don't know where the 30 feet came from.
deWeerd: I believe that (inaudible) talking that they would like the same buffer
that Ashford Greens has. I believe that is 30 feet. So they asked them to have
the same on that side of the road. That's a guess.
Stiles: I don't know that Ashford Greens has 30 feet.
Bird: I said just similar. It's like berm and (inaudible) they have 30 feet.
deWeerd: Well, it was in your recommendations. I did see in the new plat that it
changed. I don't have any further questions.
Stiles: I think that was in the original plat that they provided, the 30 feet, but the
revised that they submitted is 22 feet. I would believe that comment just came
Meridian City Council Meeting(
June 20, 2000 .
Page 15
from since that was what they were proposing in the original plat, that's what we
were recommending to be a condition of the plat.
Corrie: Anything else?
Stiles: Maybe Scott can enlighten us on that.
Stanfield: Scott Stanfield with Earl and Associates, 314 Badiola in Caldwell.
We're the engineering and surveying firm representing Gem Star in these two
applications. If we could address park issue and everything tonight, but first I'll
get on to the22~foot. Ms. Stiles is correct. Originally we proposed a 3D-foot.
Ashford Greens is a 20, and I brought copies of Ashford Greens' plat with me,
the recorded copies, to show you that if you're interested. Our original
preliminary plat had the 30. We received ACHD's comments along with P & Z
staff's comments. ACHD wanted a total of 48 feet of right-of-way from Black Cat
and Ustick, and a 48-foot right-of-way. We had to provide them more than we
originally anticipated so that reduced the 3D-foot to a 22-foot. I believe that this
City's minimum is 20, so we're still above the City's minimum. We just couldn't
keep it at 30 with ACHD's requirements. It will be landscaped. On Friday we
submitted to the Clerk's office a revised preliminary plat as Ms. Stiles indicated
since the last tabling two weeks ago. That gave us all an opportunity to get that
together, so we went over things with her and Mr. Freckleton verbally. Made the
revisions, and I believe we have notes now on the plat and the states retention
loss and landscape buffer lots. Those are all going to be common lots.
Landscaping will be provided, and plans will be submitted to the City for approval
as each final plat phase is brought in. I am sorry for the confusion that may have
caused. We just took the opportunity to revise everything before the hearing
tonight. If there's no further questions on that, I'll move right into the park. Okay.
The park land as Ms. Stiles mentioned, that was a P & Z recommendation for
Gem Star to work with the Parks Department on deeding a four- to eight-acre
park site somewhere on this 100 acres. Through negotiations with Mr. Kuntz and
myself representing Gem Star, we arrived at just a bit under seven acres. We
kind of pencilled this out with Tom, kind of a new concept: island-approach park
with no lots backing it. So its entire perimeter is accessible unless the Parks
Department fences portions of it off. So it's kind of a new layout as far as parks
go in the area. It appears to be well-received by City staff. The issue on
ownership on the land, currently Gem Star is under option to purchase the entire
100-some-odd acres from Langley Farms. We have a closing set for July 20th
pending an approval tonight. They will close July 20th, and then the land is their
land held in escrow per the original contract. Within three years of the date of
closing, Gem Star has to purchase the entire 100-some-odd acres. They can't
leave any pieces hanging after three years; furthermore, they have to purchase a
minimum of 20 acres at a time and annual installment payments for each of the
three years also have to be met. There's a pretty good contract set forth in the
three-year timeframe for Gem Star to have 100 percent ownership out of the
escrow account. That I think should pretty much guarantee that the park will get
Meridian City Council Meeting
June 20, 2000
Page 16
their park site in that location recognizing that we are not proposing development
on the other side of that drain, because as Shari mentioned, there's no sewer
available. All of our lots - Autumn Faire Subdivision is limited to all the lots you
see on the northerly side of the drain running southbound. We kind of showed
our conceptual plan, and when sewer becomes available around the park - our
approach to (inaudible) protecting the City would be to work out a Development
Agreement with Mr. Nichols and Gem Star who secures the City's interest in it.
We'd have other items that the City's required which is a well lot in the extreme
corner near Ustick and Black Cat just west of the existing residential out-parcel.
We are proposing to go ahead and meet the City Engineering requirements and
provide a well lot. Nothing in exchange there. The park all backed up (inaudible)
will be 248 lots. The park impact fees will be credited toward the developer as
each building permit is brought in. That will not be extended beyond Autumn
Faire as you see tonight. That does not include the future lots around the park.
It's just the Autumn Faire. We're also contributing greatly to the Black Cat
Trunkline; upwards of $375,000. It's roughly $1500 per lot that they have to
contribute. Based on some (inaudible) numbers, that'll build about 3700 feet of
the Black Cat Trunkline (inaudible) based on I'm assuming dollar amount per
foot, so that will help push that project forward; increase the sewer capacity. If
there's anymore questions - I'm sure your mind is racing right now on the park,
but that - I believe through the Development Agreement everything can be taken
care of. We just ask that if it makes you comfortable, we're willing to have a
conditional approval to have that Development Agreement worked out within 30
days. That will allow Gem Star to close on the project by the week of July 20th.
Anderson: Mr. Mayor, Scott, this appears to be a phase development; correct?
What's the timeframe for each of the phases?
Stanfield: There are no timeframes spelled out in writing other than the contract
with Langley Farms. Three years it has to be purchased 100 percent. Our client
is more than likely going to have the fifth and final phase start right at that two- to
three-year period because, as you can imagine, he can't afford to purchase the
land, make payments once every three years for three years and not generate
revenues through the projects. So he's just going to build away. We do have
builders lined up, if interested, one is here this evening representing a group of
builders. They are writing Gem Star proposal currently to lock in so lots many a
year to see that it's developed within two to three years.
Anderson: On the park itself, is the intent that you guys will pay for development
of park or that you will just dedicate land and the City would pay for the
development of the park?
Stanfield: Just the land. We would just, in exchange for the impact fees for
Autumn Faire, we would donate the land to the City. We started out with Mr.
Kuntz on four or five, probably five acres, because despite P & Z's
recommendation of four to eight, Mr. Kuntz' minimum was five acres. We started
Meridian City Council Meeting
June 20, 2000
Page 17
at five. Tom offered sprinklers for the entire five acres. Gem Star has done that
in the past in Canyon County, and it's been their experience and our experience
that those agreements tend to fall apart. So we upped land being made available
to the City and dollar-wise the extra land that the cost the Gem Star has to pay
Langley Farms exceeds the amount of the sprinkler system on the five acres. So
in lieu of that we just kept bumping up our end. Acreage.
deWeerd: So, when would that - the park be - would you be able to access to
and develop the park?
Stanfield: The park, we have a stub street proposed on our development here
that is between Phase IV and V. I'm not going to quibble over which phase will
provide access: IV or V. Honestly, we would prefer V because to fork out that
money, you need lots to cover yourself, the construction of (inaudible) sewer
construction. Between IV and V is open for discussion. There is also Turnberry
Subdivision to the south. There is an access currently constructed right where
the arrow's at, and that's to our southerly boundary. That would open up options
to the City if the access between IV and V kind of lags behind. That's another
access. Turnberry Subdivision is also, as I understand it, beginning construction
on their next phase which I believe includes that westerly stub street from the
south.
deWeerd: So that would be three years down the road?
Stanfield: Two to three. Again, our client, despite their strong financial backing,
you can't afford to sit on the land at the purchase price for three years and not
develop it. It's just a matter doing business. Buy it, get your houses built and sell
them as quick as you can.
Anderson: So I guess what I'm hearing is that the park land wouldn't actually be
ready for the City to develop it until you make your development around there,
these residential lots around there (inaudible)
Stanfield: No, not around there, Mr. Anderson. Just Phase IV and V was on the
drain boundary. Phase IV or V, then it would have to be deeded over to the City
at that point whether or not sewer is available to those non-detailed parcels
around the park. We're not proposing to hold off until sewer's there; we're
proposing to turn it over to Phase IV and V not knowing when we can get sewer
to these other parcels.
Anderson: But we wouldn't be able to develop that until you developed those lots
around it.
Stanfield: Correct. In the purchase agreement with Langley Farms, it's set up
they take - Gem Star cashes out of the escrow phase by phase. We start with
Phase I and work the way to the final phase. During that time, the remainder will
Meridian City Council Meeting'
June 20, 2000
Page 18
be farmed, and that's still up to negotiations whether it will be Mr. Langley's
current farmer. He was to keep it open farm (inaudible) for as long as we can.
So we're under contractual obligation with Langley to just move to the south and
allow the farmer rights to farm the remainder.
Anderson: And what is the problem with sewering that particular piece of
property too low?
Stanfield: Too low is part of the problem. The major problem is the facts defined
in-
*** End of Side 1 ***
Stanfield: -- and the City sewer studies is going to the McDermott trunk line off to
the west toward McDermott, so we will be jumping sewer services and grades. I
have reviewed (inaudible) discussion about, let's say in two to three years that
park's developed (inaudible) getting sewer there. I reviewed it with Mr. Brad
Watson, and he agreed there shouldn't be a problem with connecting restrooms
up to the sewer because of the peak times and - versus the park and usage in
the residential development. That will occur at two different times. So Mr.
Watson was comfortable with (inaudible) detailed lot and a restroom or two for
the park.
deWeerd: Mr. Mayor, does our Parks Director have any comment on the park
issue?
Kuntz: First off, I think we came up with a win-win situation as far as the
development and the park as far as providing a neighborhood park, minimum of
five acres within a half-mile from this residential development. The only concern
I've got at this time is that that land is secured by the City so that it doesn't fall
through the cracks in the next two or three years if the development doesn't
proceed as planned. I would leave that to our City Attorney. That's my only
concern at this point if they don't technically own the land, be deeded to the City
at this time that there needs to be something worked out so we have that land
secured for our future park site. Thank you.
Corrie: Anything else? Okay. Thank you. Show of hands of how many people
are going to testify on this one. Okay. This is a public hearing. First one,
Langley: Dean Langley, 3185 North Black Cat Road, partner in Langley Farms
Ltd., the owner of the property at this current time. I do back what's being
proposed for the project, and we're very comfortable with whatever arrangement
that the City feels is necessary in conjunction with the developer for the park
property. Obviously, that needs to be secured for City use however that will take
place. We have worked with and have spent time and effort to put together a
good purchase agreement, and Scott has eluded to that. We've got a pretty
short time frame of three years from the date of closing that it has to be
/.
Meridian City Council Meeting(
June 20, 2000 .
Page 19
transferred to the developer. So it's not stringing out five or six years. We're
comfortable with the Development Agreement or whatever other construct, or as
Scott had mentioned previously about contingent upon an adequate agreement
within 30 days to see that that is comfortable with the City. We feel that the park
site does add value to the project and is a win-win situation for everybody. So
we want to see that be successful and have no further comment on that. I would
make one comment, and Ms. Stiles did reference that in the preliminary
comments tonigflt, that out of the P & Z the out-parcels which belong to my sister
and I are to be included in the City to be annexed per the request of Planning
and Zoning. That's fine. We did have a discussion on May 9th about that
because one of the concerns that my sister and I have is that for the years that
we continue to live there as a family residences, we'd like to be allowed to
continue to use our existing wells and septic systems and limited agricultural use
that we have. In the P & Z hearing, I think there was some talk about that, and in
my notes, anyway, I think it was Mr. Freckleton of Public Works that indicated
that a Development Agreement could be adequately phrased to allow for that so
that when the use changes on those parcels, then the upgrading for sewer,
water, so forth, would be done at that time. I just say that by way of additional
requests that we be allowed to address that in the Development Agreement for
the property. That's alii have unless there are some questions.
Bird: Mr. Mayor, Dean, would you be receptive to the idea of acquiring the park
land that in the first three phases or until it is deeded to us that the park impact
fees are assessed, put in escrow, at the time that we get the deeded seven
acres, then we'll get you back the park fees?
Langley: We're certainly open to negotiations and particularly with what the City
is comfortable with as I mentioned before. You'll be dealing primarily with the
developer, and, of course, we're involved because we have the purchase
agreement. So we would be open to discussion about that, Councilman. I don't
know if that's my call to say aye or naye at this point, but I mean there are a
number of angles that can be addressed to have adequate security for the City
and still protect our interests as well.
Bird: That would be fair, I think, to both interests. It would secure the property
for us; you would get the impact fees returned to you from escrow as soon as we
were deeded that seven acres. That way it's a win-win for both of us.
Langley: The City Attorney had mentioned that he has had discussion with our
attorney, and so we've begun some discussions. We haven't linked with Gem
Star yet, but I'm sure that will obviously be covered. It just would be a question
of who pays those impact fees. Gem Star's purchasing that, so I would
(inaudible) but then that would be an acceptable trade-off compared to the
purchase price of the land that we're talking about. So I wouldn't want to make a
commitment, but I think that's worth pursuing.
Meridian City Council Meeting{
June 20,2000'
Page 20
Bird: Thank you.
Langley: Thank you.
Corrie: Let's have the public and then we'll let you have the last shot at it. Just
keep it on your notes and then you can answer them.
Mortensen: Dave Mortensen, I live here in Meridian at 1328 East Shepherd. Mr.
Mayor and Council members, I look like I could be one of the builders. I've been
assigned the duty of trying to find five other builders to go in there and take out a
two-lot each right off, build specs. We'd start out with taking down ten lots right
away and keeping two houses up from each builder at all times which would be
quite - which would probably bring in between the build jobs of taking out that
whole five phases within about two and-a-half to three years. So probably two
and-a-half phases a year is what we'd look at keeping that many phases up. So
it looks like it's going to be a pretty good project as far as we'd like to move right
through it on these phases in - they've got the other property tied up enough to
where it would be worth the - the builders going in there to look at the project as
long-term, keeping it down to five builders is going to keep more control over the
conduancy (sic) of the subdivision and keeping it under control as far as ACC
rules and things as far as keeping the houses looking nice and keeping the rules
obeyed as far as all the ACe laws. I think that's alii had.
Corrie: Questions from Council? Thank you. Anyone else from the public like to
issue testimony?
Williams: I'm a parent in the Meridian School District. I wonder how this will
impact our - Oh, I'm sorry. Lorinda Williams, and I'm at 1456 North Sandlan in
the Danbury Faire Subdivision. I came for another reason tonight, but I just
wonder how another subdivision this big will impact our elementary schools.
Even with the new schools opening this fall, we're overcrowded. That's my only
concern. I wonder with the new schools coming in, we're just getting where the
class sizes are normal. Some of the modular buildings are being moved away. I
just wondered about that impact. Thank you.
Corrie: Thank you. Anyone else? Okay, applicant.
Stanfield: I think I can adequately reiterate and address some of these concerns.
Gem Star, I think that is a fair suggestion to hold the escrow for the impact fees
to be paid at building permit time. I think that will work out. The only thing I need
to clarify is that will be an agreement between the City of Meridian and Gem Star.
Gem Star's purchasing the land from Langley Farms at a contracted price.
Anything outside of that will be returned to Gem Star. I think that is a fair
situation to place the park impact fees in an escrow account. The - Mrs.
Williams, the best schools - I can understand her concerns. I was born and
raised in Meridian. I have three kids here now myself. I'm always concerned
Meridian City Council Meeting\
June 20,2000 .
Page 21
with that. I'll add that during the Planning and Zoning hearing, Mr. Langley was
somewhat connected (inaudible) mention that there is an elementary site that is
going to be purchased to the east along Ustick about a half mile. So that will
help. Obviously, as growth continues, that's going to have to keep up (inaudible).
So that would be my comments regarding that matter.
Corrie: Thank you. Council, do you have any questions? Okay. Any other
discussion? \
Anderson: Mr. Mayor, I move that we close the public hearing.
Corrie: Motion made and seconded to close the public hearing on Items 9 and
10. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Let's take the motions one at a time. Item 9, request for annexation and
zoning.
Bird: Mr. Mayor, if we're not going to have any discussion, I move that we have
the attorney draw up the Findings of Facts and Conclusions of Law and Decision
of Order in favor of the request for annexation and zoning of 101.4 acres from RT
to R-4 for proposed Autumn Faire Subdivision for Gem Star Properties, LLC,
southwest corner of Black Cat and Ustick Roads.
Corrie: Do I have a second?
deWeerd: Second.
Corrie: Motion has been made and seconded to approve and the attorney draw
up the Findings of Facts and Conclusions of Law with the approval for
annexation and zoning of the Autumn Faire Subdivision, 101.4 acres from RT to
R-4. Any further discussion?
Anderson: Mr. Mayor, I guess for discussion's sake, I still have some very vivid
memories of a project south of town where developers know that the City of
Meridian is short on park space, and I think it's a now pretty well known, and I
think if we dangle a carrot out there of "we'll give you some park space," that the
City of Meridian will jump on there and approve our project. I think there are still
a lot of loose ends with this particular piece of project that would be deeded to
the City for park space. I guess I appreciate the developer's offer for some park
plan. I guess at this point I don't see why we can't take the additional 30 days
and tie up some of those loose ends, secure some of those things before we
approve the project. Once the project is approved, in my mind, there is no
leverage left for clearing up some of these items. The thing that bothers me
about this particular piece of ground, again, is there is no timeframe or immediate
Meridian City Council Meeting(
June 20, 2000 ..
Page 22
plan to develop the lots around that. So we don't - six acres out in the middle of
the field. We're not going to build a park in the middle of the field with nothing
but dirt and weeds around that. Until there is some type of plan to develop the
rest of that area around that and put in the streets, we just own a piece of land in
the middle of the field. We've already talked about some of the issues about the
difficulty that there's going in sewering this particular piece of property, and that's
why it's in a different sewer zone. So I guess I'm raising the issue, are we just
going to jump on this real quick because it's free park ground? Are we going to
stop and think about what's the long ramifications, what's the useable piece of
property going to be? This is an awful big subdivision, 263 lots, to dump a lot of
traffic on the roads and kids into the schools. So I raise that issue and ask if
there's a big hurry on this.
Corrie: Any further discussion?
Bird: Mr. Mayor, I believe that it's going to be three to four years before we get
the park. It'll probably be four to five years before the City can develop it
anyway, the park land. I don't believe that this development is being accepted by
me because of a park. I don't see that park for four to five years. We are
collecting the fees and stuff. If we don't get the park, we've at least got the
impact fees off of the property if it doesn't come through.
deWeerd: Mr. Mayor, I would like to ask the City Attorney. Is this something that
is not doable legally through the Development Agreement or can something be
made through that Agreement that is iron-clad?
Corrie: Mr. Nichols.
Nichols: Councilwoman deWeerd, Mayor, members of the Council, I think there
are ways of getting things done by Agreement. Now, what you mean by "iron-
clad" means different things to different people. The proposal that Mr. Kuntz put
forth is in lieu of the park impact fees there would be this seven-acre parcel.
Without the seven-acre parcel, there would be the park-impact fees. Now, that
could be secured by a variety of ways. It could be secured by a Letter of Credit.
There are a variety of ways of making sure that you're at least going to get the
park-impact fees. Even if for some reason or another the rest of this property
doesn't get bought because of the developer not completing the purchase
agreement on the remainder of the property. That's the risk that the developer
doesn't complete the rest of the purchase in addition to the property that's just
platted here. So if that doesn't happen, as long as the City has received its park-
impact fees or has something like a Letter of Credit so that it gets that, then
you've at least received what your Ordinance requires as far as those impact
fees go. I don't know if that answers your question about "iron-clad." There's no
way to, that I'm aware of, in a Development Agreement, that we could force the
developer to close early on all of Langley Farms property that they have under
the Purchase Agreement. If they did close early, then that park land could be
Meridian City Council Meeting {
June 20,2000 .
Page 23
obtained. But it - so I'm fumbling around here, as you can see and hear, but I
think that the key is that you're not going to give up those park-impact fees on a
promise. Those park-impact fees or Letter of Credit - someway that has got to
be protected so that at the very least you have that.
deWeerd: Mr. Mayor, I guess I would agree with Councilman Anderson. We
have plenty of development going on in the City, and we have the opportunity to
look at developments and see how they actually benefit our communities without
this park land being on this property, it's really hard to assure that we would have
that park land. Yes, we would still have the park-impact fees, but the desirability
of having the land versus the fees is you do actually gain a little bit more heavily
in the land. Without the iron-clad assurance, it just makes this another
development that doesn't add to our community. It does with the park, but
without the guarantee that the park will exist at some point, and it's true. We
probably can't develop it until it's on line anyway. But I kind of like the guarantee
that the park can exist and I kind of like that iron-clad. My definition is "a sure
thing." So I have reservations with this project as well.
Anderson: Mr. mayor, I think the attorney and Keith have come with a way that
we could guarantee that the deed - the park-impact fees for the park land would
be given, but what I'm still concerned about is we're talking three to four years to
build this particular subdivision through the phases, but we're not talking about
the development of the roads and the other streets around this particular park.
We've already been told that that's another sewer service area. Unless we
choose to jump service areas again, we have no immediate plan for probably at
least 10 to 15 years to build a McDermott trunk line. We have several other
priority trunk lines that we're going to be building before that. This piece of
property is not going to develop. We're going to have a piece of land sitting there
for many years that we're not going to be able to use.
McCandless: Mr. Mayor, I'm inclined to agree with Mr. Anderson, too. I kind of
like all the ducks in a row before we approve these large developments. I don't
see them all in a row. I know one lady brought up the school. They said that
they were looking at a property on Ustick to build a new elementary school, but is
that definite? Okay. But there again, the sewer issue - excuse me? I agree with
Mr. Anderson.
Corrie: Any other comments? We're all for trying to filter this out, because
whether I need to have another secondary motion - okay.
Bird: Question.
Corrie: Okay. Question has been called for. Mr. Berg, will you take vote,
please. The motion is to accept the request for annexation and zoning and to
have the attorney draw up the Findings of Facts and Conclusions of Law with the
approval.
,..
Meridian City Council Meeting(
June 20, 2000 ..
Page 24
Bird: The main thing is that impact fees in the agreement, the impact fees until
we get the deed to the land.
Corrie: Okay, was that part of your original motion?
Bird: Yes, it was.
~.
Roll-call: deWeerd, naye; McCandless, naye; Anderson, naye; Bird, aye
MOTION FAILS: ONE AYE TO THREE NAYES
Corrie: Okay, one aye, three nayes. Motion has been defeated. We have the
request for preliminary plat. I guess we don't need that.
Nichols: Mr. Mayor, members of the Council, that was a motion to approve which
was denied, but that's not the same as a motion to deny or to instruct to do
something different.
Corrie: We'll need another motion.
Anderson: I'm not sure where to go with this. I know what I'd like to do, but I
don't know where to go with this. Mr. Mayor, I guess for some discussion, I
guess if we could get some additional agreements worked out and some type of
a plan for the development of this piece of property, I'd be willing to table this or
bring it up again, but I guess I am just really concerned that this piece of property
isn't going to be developable for any time in the foreseeable future. I guess if the
developers had some offer of a solution to work out, I'd be willing to listen to that.
Bird: Mr. Mayor, Ron, are you saying it's the park thing that you think isn't going
to be developable?
Anderson: Right.
Bird: We're getting the impact fees on every lot. So whether we get the land or
not, we get the money. We're famous, in the City of Meridian, we've only had 56
acres for 10 years and haven't developed it. I mean, what's the big - what are
we holding for 10 years? We're definitely getting the impact fees just like any
other development. We have approved whether they had a park in it or not.
They (inaudible) go in escrow until we either get the land or we don't. I think you
can put a time limit on it. I think that as long as we are collecting the impact fee,
we could basically care less if we get that seven acres. We're getting money to
buy seven acres somewhere else if we want it off of the impact fees.
Meridian City Council Meetinl
June 20, 2000
Page 25
Anderson: I understand that we collect the impact fees, but we (inaudible)
impact fees on these subdivisions all over town, but we don't have any more park
space because of that.
Bird: We don't develop what we've got.
deWeerd: We really just (inaudible) disadvantage because the public hearing
has been closed, and we don't have the opportunity to hear from the applicant's
representative to.see if there is an alternative here.
Bird: He stated that that sounded good: hold it in escrow until they deed us the
land.
deWeerd: He can't make a commitment on land he doesn't own yet.
Bird: But we've got the park fees. He gives it to us or we spend the park fees
and go buy some land.
deWeerd: I think the land is worth more than the park-impact fees.
Bird: Then we're wrong with this. Our impact fees aren't enough.
Anderson: Mr. Mayor, I'll try this motion, see where it goes. I'll make a motion
that we deny the request for annexation and zoning of 101.4 acres from RT to R-
4 for the proposed Autumn Faire Subdivision for Gem Star Properties.
McCandless: Second.
Corrie: Motion made and seconded to deny the request for annexation and
zoning for Autumn Faire Subdivision. Any further discussion? Hearing none,
roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, naye
MOTION CARRIED: THREE AYES TO ONE NAY
Corrie: We need to have a motion on the preliminary plat.
Anderson: Mr. Mayor, I would also make a motion that we deny the preliminary
plat for the 78.4 acres for 263 building lots and 12 other lots for the entire Autumn
Faire Subdivision and Gem Star Properties and instruct the City Attorney to draw
up the Findings of Facts and Conclusions of Law and Decision of Order.
Corrie: Second?
McCandless: Second
{
Meridian City Council Meeting!.
June 20, 2000
Page 26
Corrie: Motion made and seconded to request the preliminary plat be denied for
the 78.4 acres for Autumn Faire Subdivision and the attorney to draw up the
proper order. Any further discussion?
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
Item 7.
Continued public hearing from June 6, 2000: AZ 00-008
Request for annexation and zoning of 23.6 acres for proposed
residential and commercial zones from AP (County zone) to C-G,
C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group
- SE %, SW %, Section 6, T3N, R1E:
Item 8.
Continued public hearing from June 6, 2000: PP 00-008
Request for Preliminary Plat approval of 24.89 acres with 5 lots in
R-8, 1 lot in R~15 and 7 lots in C-G zones for proposed Teare
Terrace by Zambezi Group - SE %, SW'XI, Section 6, T3N, R1 E:
(Unidentified): Mr. Mayor, City Council, I apologize. I said that it had been
mailed. It had been faxed. If that will be (inaudible). I will personally see that the
original is hand~delivered to the City before the end of the week.
Corrie: This is a public hearing. Staff, any other comment? Anything else you
want to say?
(Unidentified): Mr. Mayor, City Council, just addressing staff comments on
this, we find very little objection to a staff comment on that whole development
One of the questions that we had was on the Jackson Drain which is the drain
that goes through the back parcel of the property. We - it is our understanding
that staff's recommendation that it be landscaped (inaudible). It is our
understanding that if it's over 40 inches it had to be tiled, so we had to make
some clarification on that. Jackson Drain, on the existing drain, Jackson Drain is
about 12 feet below surface. Once that land is leveled and the build-up bank on
both sides is taken down to (inaudible) it will be approximately six to eight feet
build-grade. It is our hope that we could tile it because it could be a better use of
the property rather than having a deep drain going through a high-density, multi-
family. The only other question or comment that we have is a comment that
Gerald Martin, our engineer made at Planning and Zoning, and that was in
addressing the back property piece. Let me tell you - if you've got a plat there.
The back boundary of Block 2 where it abuts the subdivision there. I think it was
staff's recommendation that we have a landscape buffer there. We had talked
more about Block 2 - Lot 2, Block 2 down at the bottom. There we go.
(inaudible) of a wall buffer there, and Mr. Martin did address the Planning and
Zoning. There are some tricky-type of block that we can get that are sound
absorbent. The only reason we felt that way is because we felt that a wall would
provide more privacy to the residential subdivisions from headlights and those
Meridian City Council Meeting
June 20,2000
Page 27
types of things. One of the objections to the wall was a concern about noise, but
there are specific types of pumice block and (inaudible) block that is sound-
absorbent. So we can maybe look at that as we go through staff planning and
we get this approved. Other than that, I think all staff recommendations are
reasonable and we're ready to move ahead. Thank you. Any questions?
Corrie: Shari, can you answer that question about the Jackson Drain?
\
Stiles: Mr. Mayor and Council, the Jackson Drain, this is the same drain that the
City has ownership of over in Fothergill. (inaudible) property is just right over
here. He has. 35, 36 acres, and I know that he is - we've at least talked about
continuing that pathway through his property whenever it's developed. The
Meridian Comprehensive Plan does also make this a multiple-use pathway which
would indicate that it would need to remain open and be an amenity for the
project. Since I didn't get to say something at the beginning here, I just wanted
to address some of the comments that - one of the comments that this would
have to come in as a Conditional Use Permit. I think they're fine with that. This
is what they proposed for the R-8, so it would be single-family homes,
apparently. All of these lots they haven't proposed any uses for those yet. In
looking at the Findings on the annexation and the Conditional Use Permit, I
would ask that some of those plat comments be included in the annexation and
zoning, particularly as they deal with the setback, the landscape setback. That
needs to be included in the annexation and zoning's Development Agreement.
That 35-foot along Fairview for the entryway corridor. Then I don't know what
your decision will be on that, but we would see (inaudible) if it had to come back
in as a Conditional Use Permit, but they have piped it through. I believe this is
Settler's Village. So this would really be the end of the line for the pathway. But
they would have access by sidewalk back to Fairview Avenue. It is a pretty nice,
natural feature in the project. We have some pictures. This would show this stub
street from Teare that's existing now, and they're proposing to cut that off. That
would be right where it enters here. They'd cut off that access, but it would
continue the clearance street stub that is currently dead-ended here. Don't have
- I don't think we have a picture of the Jackson Drain in this location, but we
would still like that condition to remain - be constructed as an amenity and it to
remain open.
(Unidentified): We certainly wouldn't have any objection to the Fairview
landscaping. I think that's a good planning - good landscaping in front of
commercial properties. Other than the Jackson Drain which I'm sure we can
work that out with staff. We're not dead-set either way. I'm sure it can be
worked out and worked out for the City and us. We're just concerned about the
depth being deep enough that it could be more of a liability than anything else
because it's (inaudible) deep and fast moving through there. So, any more
questions?
Bird: I have none.
Meridian City Council Meeting
June 20, 2000
Page 28
Corrie: Thank you. I'll ask one more time. Is there anybody else from the public
that would like to issue testimony on this request for the annexation and zoning
or the preliminary plat?
deWeerd: Mr. Mayor, I have a question for Shari. If they come back, they need
to get a Conditional Use Permit on each phase or each block? Is that what I
understand? \
Stiles: I believe the recommendation is only for Lot 1, Block 3 which would be
where they proposed the R-15 zone. That would be this piece here. They have
- the Planning and Zoning Commission and staff did not ask for Conditional Use
Permits on each of these. Of course, if the zoning ordinance requires a
Conditional Use Permit for any use such as a drive-thru or something like that,
they would need to go through that process. Part of the reason to request a
Conditional Use Permit on some of the new annexations that the new
Comprehensive Plan designates those as mixed-planned development and
requires that they be developed through a conditional use process as a planned
development; however, this property is shown in the City of Meridian, it was
shown as existing urban in the Comprehensive Plan. You certainly can make
that recommendation if that's what you want the approval to be, but otherwise,
the recommendation was only for this lot here to come back through for
conditional use.
deWeerd: So your only - the applicant's issue was the Jackson Drain, but that
can be worked out under his Conditional Use Permit, then?
Stiles: Yes. Also, the planting strip requirement, that is an Ordinance
requirement for the 20 feet against incompatible uses. I don't believe that a
single, block wall with no landscaping is going to provide the desired buffer for
that residential subdivision. So I would recommend that that remain at the 20
feet.
deWeerd: Did the Commission ask for both the 20 feet and the wall, or was that
just a comment that was made?
(Unidentified): Mayor, City Council, no, they did not ask for the wall. It was
just a suggestion on our part. We thought that might be a more private situation.
Either way it's fine with us. We didn't have a great deal of problem with the
landscape buffer if that's what the City desires.
Corrie: Thank you.
Stiles: The Council could require both. You could require the fence and the
planting strip, but there's going to need to be some kind of a barrier there besides
the individual lot owners having the only fence between the development.
Meridian City Council Meeting (
June 20, 2000 .
Page 29
deWeerd: Thank you.
Corrie: Any other comments?
Anderson: Mr. Mayor, on Block 4, what is going in there? No, I guess it's -
(Unidentified): This block here? It was recommended that we do something
like single-family or one level townhouse, that kind of thing, as a buffer zone
between the residential and higher-density multi-family. We would love to do
higher- density, multi-family, but I think that's a fairly reasonable request to have
a buffer between single-family and higher density.
Anderson: I would make a motion that we close the public hearing.
deWeerd: I would second it.
Corrie: Motion made and seconded to close the public hearing. Any further
discussion? Hearing none, all those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: Any further discussion? Hearing none, I'll entertain a motion on the
request for annexation and zoning first.
Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts
and Conclusions of Law and Decision of Order in favor of the request for
annexation and zoning for 23.6 acres for proposed residential and commercial
zones from AP zone to C-G, C-N, R-15 and R-8 for proposed Teare Terrace by
Zambezi Group.
Anderson: Second.
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Facts and Conclusions of Law and the proper order for the annexation and
zoning on Item NO.7. Any further discussion? Hearing none, roll-call vote, Mr.
Clerk.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Corrie: Now I'll entertain a motion on the request for preliminary plat.
Anderson: Mr. Mayor, I would make a motion that we have the City Attorney
draw up Findings of Facts and Conclusions of Law reflecting favorable approval
for preliminary plat for 24.89 acres, five lots R-8, one lot R-15 and seven lots C-G
zones for the proposed Teare Terrace by Zambezi Group.
Meridian City Council Meeting(~...
June 20, 2000 .
Page 30
McCandless: Second.
Corrie: Motion made and seconded to approve the request for preliminary plat
on Item NO.8. Any further discussion? Hearing none, roll-call vote, Mr. Clerk.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
\.
MOTION CARRIED: ALL AYES
Bird: Mr. Mayor, I would move for a 10-minute recess.
Corrie: How many people are here for the Penn Station Apartments? Thank
you. We'll be back in 10 minutes.
Meeting reconvened
Item 11.
Public Hearing: AZ 00-011 Request for annexation and zoning by
Pangaea Land Planning of 3.4 acres from RT and R 1 (Ada County)
to R-15 for proposed Penn Station Apartments - south of
Fairview Avenue on the east side of Stonehenge Way:
Public Hearing: CUP 00-028 Request for Conditional Use Permit
by Pangaea Land Planning to construct 10 four-plexes on 3.4
acres in proposed R-15 zone for proposed Penn Station
Apartments - south of Fairview Avenue on the east side of
Stonehenge Way:
Corrie: Okay, I'll re-open the City Council hearing, and we have Item 11 and 12.
Two public hearings. One is a request for annexation and zoning for Penn
Station Apartments, south of Fairview Avenue on the east side of Stonehenge
Way, and also a request for a Conditional Use Permit for the proposed Penn
Station Apartments. At this time I'll open the public hearings on both 11 and 12,
and we'll hear from staff first.
Item 12.
Stiles: Mr. Mayor and Council, this is for a piece of property immediate south of
the Intermountain Outdoor facility. They're proposing the access will be from
Fairview Avenue through Stonehenge Way. They're proposing 40 apartments to
be constructed. The applicant has responded to our comments. They have
indicated that they're driveways. They're not asking for a reduction in the
driveway width. They stated that their driveway cross-section is dimensioned at
25 feet; the site plat still shows 20 feet. So I just wanted to bring that up that they
had indicated that they would meet the 25-foot driveway requirement. They are
asking that the maintenance be done by a professional landscape maintenance
company; so, therefore, no building would be required for the maintenance or
storage of equipment. As far as the lighting, that would need to be reviewed by
Meridian City Council Meeting!
June 20, 2000 .
Page 31
the Public Works Department so that there is adequate safety lighting and it does
not impact the adjacent residential properties. They have also asked that surface
irrigation water be the sole source of water to the landscaped areas. I believe
our comment was that they needed to provide a second source so that they
would have year-round access to irrigation water. I am assuming from their
comment that they mean that the surface irrigation water will be available year-
round. They're asking that there be no area for storage of boats, campers or
trailers. Staff \ had indicated that there were adequate storage facilities
elsewhere. They will need to include in there maintenance of the property that
there are no vehicles, recreational vehicles, boats, stored on the site. As part of
the Planning and Zoning Commission's recommendation, they had indicated that
they needed to provide an additional seven parking spaces, and I believe that the
applicant has indicated a willingness to do that. These are the existing - they
look like the same ditch, but they are different ones.
*** End of Side 2 ***
Stiles: -- canal, and that's what they're proposing, I believe, (inaudible) where
they would provide a walkway. The Settler's Canal, I believe, they are proposing
to leave open. They can indicate whether or not my understanding is wrong on
that or not. This is showing the Stonehenge Way access, where the access
would be to the site. This shows the Danbury Subdivision that borders the
property. Danbury on the west. To the east there are some agricultural
properties currently still in the county. Showing the back of the Intermountain
Outdoor facility. This is the site plan. They're showing where the (inaudible)
would be piped with an access road. They're also proposing a pathway that
would go through the property. This is the landscape plan. I did not have an 8 %
by 11 of any revised copy, so if the applicant could indicate any changes from
this plan, I would appreciate it in his narrative. It would be the single access here
form Stonehenge. That's alii have.
Corrie: Thank you, Shari. Okay. This is a public hearing. I'll invite the applicant
to come forward.
Fluke: Thank you, Mr. Mayor, members of the Council, my name is Daren Fluke
of Pangaea Land Planning. My office address is 408 West Idaho in Boise. I
represent the developer in this matter. As your staff stated, this is a request for a
Conditional Use Permit for 40 apartments on approximately 3.4 acres. The site
is located south of Fairview and west of Locust Grove Road in Meridian. The site
is designated by the Comprehensive Plan as mixed use. When we looked at
purchasing this property, of course, the first thing we asked ourselves was what
has the Comprehensive Plan designated this Parcel 4 for development. The next
question, obviously, comes to mind is why would this parcel be designated for
mixed use. Shari, can we see the vicinity map, please. As you can see, the area
surrounding this site, you'll see that it's real natural for this type of development.
You've got two major arterials, specifically Fairview and Locust Grove. Near the
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June 20, 2000 .
Page 32
site you've got a good deal of commercial surrounding the site. Then you've got
single-family dwellings or lower density residential development south and east
of the site. You'll notice by the configuration of this site that it's an extremely
difficult piece. When we went in to do the design on this property, we looked at
doing a number of different things including attached single-family and detached
single-family on the site. The configuration is so problematic that we feel that this
is the best land use for this site, and we feel like we've developed a site plan that
really fits well with the neighborhood and with the other uses that are around it
and really speaks to what the Comprehensive Plan was looking for in this area.
Typically you look for multi-family residential in between single-family residential
and commercial which is exactly the case you have here. The idea being that
multi-family residential typically is developed with more bulk and it provides a
buffer, particularly a noise buffer between heavy commercial uses and the
heavily traveled roadway. The lower intensity single-family uses around this.
We're asking for an R-15 zoning designation which would allow 15 dwelling units
per acre. Our site plan works out to 11 % units per acre. The Ada County
Highway District estimates that this will generate 264 trips per day. This is
actually quite a low number. We would end up with as many or more trips were
we to do single-family dwellings which generate more like 10 trips per day. Multi-
family dwellings generate 6 % trips per day, and that's, of course, all based on
the Institute of Transportation's nearest numbers. As far as the issues that your
staff touched on, we do meet the open-space standards as dictated in the code,
and I did provide written documentation to that effect. I'm going to go through the
packet that I handed out here in just a second. We don't need a maintenance
building. We contract with an outside agency to maintain the grounds for us.
This developer operates a number of apartment units in the area and has the
same company come in and take care of all the units. The people who rent
these units are not typically owners of recreational vehicles, and we agree with
staff that there's really no need on this three and-a-half acre site to provide an
open storage yard. Probably most importantly as far as the code standards go is
the provision of parking. The minimum standard your code requires in two
parking spaces per unit. Often times you'll find in other ordinances in other cities
that the parking for multi-family dwellings ranges between one and one and-a-
half parking spaces per unit. Two is actually quite a lot, and it really is what will
drive a plan like this is how much land do we have to throwaway on asphalt so
that cars can sit there. We would ask the Council to exercise their discretion and
not require that we provide an additional seven spaces. We have provided your
staff, and I believe you should have it as well, with site plans that show the
additional seven spaces. There in the bottom corner of the site we added five
there and there (inaudible) adjacent to the open space. All it does is eat up more
of our open space that could be developed with grass rather than with asphalt.
We can fit them on there. We would prefer to have it landscaped and open
space rather than parking. I would stress that your code doesn't require it. It
says that you may require additional parking space for every three units at your
discretion, and there's been nothing entered into the record to demonstrate that
we would need that in the other units that this developer operates works just fine
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Meridian City Council Meeting{
June 20, 2000 .. .
Page 33
with the (inaudible) per unit Based on our neighborhood meetings and the
comments at the Planning and Zoning Commission, really the issues came down
to, as they always do with multi-family developments, and they first, of course, is
an issue of traffic. Traffic is an issue with any development because we, of
course, have to access the public roadway just like all the single-family dwellings
do that are south and west of us. As I stated, this is a low-traffic generator; only
264 trips. At peak hours, we would agree that it cam be a little problematic to get
onto Fairview, but that's no worse than other places in the county, and again, I
would stress that that's at peak hours. Not looking at all day long having trouble
getting onto Fairview. The other point we'd like to make is that this subdivision
actually has excellent access to the east-west roadway and north-south roadway.
There's an access to Locust Grove Road and there's also an access to Pine
Avenue, and that's the map that I provided to you in the back of your packet
which shows that the subdivision really does enjoy excellent access to the public
roadway. You do have options for making your trips other than going Fairview
Avenue. The other issue which always comes up with multi-family dwellings is
the compatibility. When we looked - designed this layout, the first thing that we
had in mind was how can we take care of our neighbors to the west. They have
single-family dwellings, their rear yards back up to our property, and we wanted
to stay as far away as we possibly could from those dwellings. So that was our
primary objective in designing this site. You'll notice that we designed it with the
ten-foot landscape buffer, first of all. We'll also be building a six-foot cedar fence.
We then have our 25-foot road section. We then have 20 feet of parking, another
5 feet of sidewalk before you even get to the front of the building. Those
buildings are approximately 24 feet in height. They are two-story. Each one of
those buildings, ten of them, they contain four apartments that are two-bedroom,
one-bath apartments. The three buildings there that are facing to the west,
toward Danbury Faire Subdivision, those are the fronts of the buildings. They do
have windows on the front which are the bedrooms. The main living area,
kitchen and all of that and the balconies all come off the back to our courtyard
area that - that was our second design criteria to sort of create an internal space
that could be utilized by the residents. So the buildings are tall, yes. Taller than
what's in Danbury Faire, but if you look at the rendering that I provided you in
your packet, and that's what this drawing is as well, you see that you have in -
you don't see it from this rendering, but you see it from the site plan and that
front. (inaudible) nearest neighbors in Danbury Faire. You have over 100 feet
building to building. We have 70 feet on our property from the building to our
property line alone. So we did consider how we could be a good neighbor, how
we could make this compatible. I would stress that this is really not an issue of
compatibility that you've got. You've got residential use against residential use.
It's really more of how we can make the bulk of our buildings fit more into the
character with the neighborhood, and we think we've accomplished that by
setting the buildings back as far as we have, putting our internal drive in between
them and then utilizing extensive landscaping. WE have submitted a revised
landscape plan which incorporated all of the conditions that the staff asked for.
Specifically, we've added trees behind each one of those buildings on our
Meridian City Council Meeting
June 20, 2000
Page 34
eastern property line. We've added trees along the pathway and then we've
beefed up the landscaping at that entryway, yes, where the pointer is right there,
to further buffer the neighbor there on the corner. In summary we feel like this is
a good project. We're real proud of this design. We think it fits in well. We think
we did a good job with a really difficult piece of property, and we think this will be
an offset to the City of Meridian, and we think this is exactly what the writers of
the Comprehensive Plan had in mind when they designated this as a mixed use
area. I'll stand for any questions if the Council has any.
Anderson: Mr. Mayor, was there any concern by the ACHD putting the entryway
right on the curve like that on Stonehenge?
Grove: No, in fact, we have excellent site distance being that we're on the
outside of the curve. They've checked the site distance and it's fine in both
sections. You can see all the way to Fairview, and you can see a couple
hundred feet to the west. So the site distance is not a problem whatsoever. That
is our only road frontage, by the way, which is one of the difficulties of this piece
of property.
McCandless: Mr. Mayor, how many parking places are you designating per unit?
Grove: Two.
McCandless: Okay.
Grove: So we originally came in with 80, and the Code says that you may ask us
to provide one additional for every three units if you so desire. We don't see any
reason to do that, so we'd ask that you don't do that.
McCandless: Okay, another question. You made the remark that there would be
access to Pine. Are you suggesting that they go through Danbury Subdivision to
get to Pine?
Grove: I'm suggesting that, yes, there's public right-of-way there, and that
Danbury Faire as a subdivision has excellent access to the public road system.
They don't merely dump out onto Fairview Avenue. They have their options for
points east, west, north and south.
McCandless: I know they do, but that's putting a lot of traffic into a subdivision if
they go out to Pine.
Grove: Don't get me wrong. The bulk of our trips will certainly go to Fairview
Avenue. I'm not saying the bulk of our trips will go to Pine, but it's certainly an
option. That's why we require 50 feet of right-of-way for those roads. Again,
we're only looking at 264 trips for this entire development. The other question I
Meridian City Council Meetinl
June 20, 2000 .
Page 35
had was the canal that is going to remain open, is there any - are you thinking of
fencing it or just leaving it open?
Grove: We were going to put a path on there that connects to the parcel to the
east. We anticipate the parcel to the east will develop with higher density
residential and / or office-type land uses. Also that would provide a pedestrian
connection to Locust Grove Road and the commercial area that you have on the
northeast corner'of Locust Grove and Fairview.
McCandless: Wouldn't you think an open canal would be dangerous with the
development such as this?
Grove: I don't find them to be particularly dangerous, no. I think that's the
conventional wisdom, but I have not heard of any problems with those canals. I
grew up around canals all my life as a little kid, and we played in them all of the
time. I understand what you're saying, but (inaudible) I don't think you'll find that
they've created a problem. There are canals all over in this area that have
created a problem.
McCandless: They have created problems in the past; yes, they have.
Grove: If the Irrigation District were amenable to it, we'd certainly do it. It does
provide an open amenity for the project, but-
McCandless: Okay, that's all I have, Mr. Mayor.
Corrie: Any other questions?
Bird: I have none.
Corrie: Thank you. Any other public testimony? Who is for the project? Okay.
Seeing none. Okay, now we'll start with the opposition.
Jones: Hello, my name is Laura Jones. I live at 1294 North Sandlan in the
Danbury Faire Subdivision. Could you go back to the map that showed the
streets, please. They talked about other arterials into and out of the subdivision.
Unfortunately, if you look at the flow of traffic here, people trying to get out onto
Pine are going to have to go completely through the subdivision. That
subdivision has a lot of children in it, a lot of buses going through there, a lot of
children waiting on the corners for the bus. It's not exactly meant to be a high-
traffic area. This little curve right here where the entrance is going to be into the
apartments, what is not shown on that map is the island that separates
Stonehenge at the entrance on Fairview. So you don't have a clear view out to
Fairview. There are a bunch of trees and bushes in your way. That didn't show
up in any of the pictures. I can tell you that Stonehenge now starting at about
1 :00 in the afternoon until about 6:00, you can't make a left-hand turn onto
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Meridian City Council Meeting'..
June 20, 2000
Page 36
Fairview. It's impossible. Fred Meyer is at the corner of Locust Grove and
Fairview. That intersection is backed up starting at 5:00 until 6:00. That area is
already overflowing with traffic. There simply is not room for 264 more trips into
and out of that one tiny little intersection. That's really alii have to say.
Glencoe: Mr. Mayor, members of the Council, my name is Matthew Glencoe. I
reside at 1011 North Maple Creek in the Danbury Faire Subdivision. I have to
give credit to the developers. I think they did work - they recognize a lot of the
difficulties and problems that we will be facing in this project, and I think they've
done an admirable job in attempting to reconcile some of the problems; however,
some of the fundamental difficulties that I perceive in this is that it's still part of
our sub because of the ingress and egress being on Stonehenge, it belongs to
our subdivision without having any - really contributing to it. It's just a load on
the subdivision. They will benefit from landscaping that we pay for along that
stretch of Stonehenge. They will certainly have access to and make use of the
parks that are in there which are already kind of getting ratty and rough just from
other people coming in and trashing them. That comes out of our homeowners'
dues to pay for the maintenance and the repair. I wouldn't personally have a
problem with this project in any way shape or form if it were apart; if the ingress
and egress were something other than what is basically our road on Stonehenge.
The other thing is, as far as the meeting at P & Z which I also happened to
attend, there was an awful lot of banter back and forth. There was really not a
clear consensus in support of it. It seemed to me as if they supported it not so
much because they thought it was a great idea, but because there didn't seem to
be a better idea on the table at this time. I would also second the comments
about Fairview. Living further back in the subdivision, I avoid that entrance at
Stonehenge almost entirely, and it's absolutely impossible. We're not just talking
at 1 :00 to 5:00 on the weekdays. Weekends. You name it. It's an extremely
difficult situation also largely because of that street to the west. To the north if
you've got traffic coming in like this and nose to nose of each other and trying to
turn into that middle lane going left or going west and they're trying to get into the
lane headed east, and you're ending up nose to nose in there. So it doesn't
need more traffic. With it being right there at the front of the subdivision, the
entire traffic - not the entire traffic load, but a heavy part of it will be focused on
that part of it. So those are my comments. Thank you.
McCarn: My name is Ron McCarn. I live at 1460 N. Penrith Avenue. Mr. Mayor,
distinguished members of the Council, I stand before you to express my
opposition to the proposed Penn Station Apartments to be built on approximately
3.4 acres of land behind the Intermountain Outdoor Sports and the Danbury
Faire Subdivision. My first point was during the public hearing on said proposal
before the Planning and Zoning it was learned that under Meridian City
Comprehensive Plan, this land was designated multi-use. It was also learned
that this has been changed in the new Comprehensive Plan, but that did not
apply. As I see it, it has been realized that a designation of multi-use for this
area was and is not in the best interest of the City of Meridian. The land that
Meridian City Council Meeting (
June20, 2000
Page 37
said proposal is going to be built upon is much better suited for single-family
housing. The buffer that is talked about that the proposed apartments will
provide (inaudible) Danbury Faire Subdivision is already being provided by
Intermountain Outdoor and the salvage yard. These two businesses provide a
buffer for any housing built in this area. The question is when asked, would I like
to have my home right behind Intermountain? Answer is yes. I would.
Intermountain and the salvage yard are excellent neighbors. They operate
during the day and go home at night. They are not noisy, nor do they increase
the traffic into the Danbury Faire Subdivision or bring in possible bad elements.
My second point involves the entrances and exits to and from the proposed
apartments. The entrance and exit to the Penn Station Apartments is directly off
Stonehenge. This is also the entrance to the Danbury Faire Subdivision. There
is also a sign designation where Stonehenge and Fairview meet. I believe it will
not take long for Penn Station to be renamed by word of mouth as the Danbury
Faire Apartments. It has also been determined by ACHD that the proposed
apartments would cause an increase in traffic by 265 car trips per day. Now to
those who do not live here, that does not seem like a lot. But those of us who
live in the Danbury Faire Subdivision, that is a huge increase. Most of the
increased traffic will more than likely be in evening and work commutes. Besides
the main entrance and exit out onto Fairview, there is also access through the
subdivision on Pine Avenue. It will not take long for the residents of the
proposed apartments to figure out this route. This will increase the traffic through
the Danbury Faire Subdivision. This could have possible safety issues due to
extra vehicle traffic and the children that live in the subdivision. Those who do
not live in the subdivision are less likely to (inaudible) the posted speeds in the
subdivision. Due to the large (inaudible) in our subdivision, it makes it very easy
for people to get where they are at in speed. There is also the issue of the
interest in the proposed apartments. The interest is right behind where
Stonehenge makes a fairly hard right-hand turn. This can be a (inaudible) spot
where those coming down Stonehenge to enter the apartments as well as a blind
spot for those heading up Stonehenge toward Fairview as vehicles leave the
apartments. I can foresee the true possibility of accidents through the location of
the apartment complex entrance. The final (inaudible) of the traffic matter is the
entrance and (inaudible) onto Fairview. Due to the high density of traffic on
Fairview and the result in accidents that have already occurred at this point, the
addition of a possible 265 car trips through this hazardous area could very well
lead to many more accidents and traffic congestion. My next point is back to the
proposed apartments on the property with values (inaudible). The gentleman
from Pangaea has asked for proof that our property values will be affected. I do
not think that anyone can prove beyond a doubt with written figures on this. My
property will still assess what the assessor deems correct. The reality will be
when I try to sell my home. The large majority of possible homebuyers will not
be willing to purchase a home that has that apartment complex approximately 20
yards behind their house. In order to sell my home if I get people who take an
interest in it might have to significantly reduce my selling price. The question you
need to ask yourselves is, would I buy a home that had apartments 20 yards
Meridian City Council Meeting
June 20, 2000
Page 38
behind the building? I really do not think you would. So I ask the gentleman
from Pangaea, can you show me where my property value will not be affected by
the proposed apartments? If I have to prove it one way, the least they can do is
prove it the other way. As I sat through the Planning and Zoning Commission's
public hearing, I heard residents of the Meridian Green's Subdivision express
their concerns for their property values over the proposed building of the
Observation Pointe Subdivision. The homes along that portion which border the
two subdivisions are in the upper-200 to 300,000-dollar range. They were
concerned about the lots opposed in the Observation Pointe Subdivision along
the border which were eight to ten feet smaller than theirs. That slightly smaller
house might negatively impact their property values. (inaudible) Planning and
Zoning Commission (inaudible) reduce the number of lots along the border of this
subdivision and to distribute that area amongst the other lots in order to make
them of comparable size. This concern for those residents' property values is
commendable. I think this was only - and to think this was only over a new
subdivision being bui1t up against another subdivision. The same concern was
not considered when it came to the proposed apartments and the property value
(inaudible) border said proposal. In fact, I did not hear one bit of concern on this
from the Commission. I am not making accusations; just stating the fact that I did
not make any less of an investment on my home and my future than those whose
homes are in the Meridian Greens. I would really like all of you to consider this
when you make your final decision on this proposal. The question was brought
up during the Planning and Zoning hearing (inaudible) most likely be there. I am
not against this land being developed. I knew the reality when I bought my home
that the area directly behind my home would be developed. I was raised in a
single-family home; good people that cared about where they lived. It was also
stated that a single-family home would be closer to my property line and my
home. That is true. The proposed apartments only sit back from my property as
they like to use the larger number of 60 feet. Now that sounds like quite a bit: 60
feet. In reality that is only 20 yards. I'm an archery hunter, and 20 yards is an
optimum shot. Twenty yards -
Corrie: Give you about one more minute.
McCarn: Twenty yards is about one-fifth of a football field which in reality is not
all that far. I can stand 60 feet, 20 yards from my back fence and see into my
house. Now, having a two-story apartment 20 yards away looking into my
backyard invading my privacy when the big reasons of owning your own home is
for privacy. Yes, there's a (inaUdible) of a two-story house being built right
behind my house just like you see in the other subdivision in the area.
Homeowners understand privacy and cares about where they live. They take
care of the yards and generally good neighbors. There's no wondering if
someone from the apartments are going to hop over the fence or burglarize the
home or look down into your home or backyard. In conclusions, I'm opposed to
the building of the Penn Station Apartments. It is not the right project in the land
that they propose to build it on. The proposed area really feasibly is not really
Meridian City Council Meeting(
June 20. 2000
Page 39
feasible to go on partly because of its irregular shape and lack of useable
building area. The fact that there is only one entrance into and out of the
apartments, it takes (inaudible) from an established subdivision of possibly the
subdivision is a safety and traffic issue. This proposed building project is not the
right project for this land. The residents of Danbury Faire Subdivision or the City
of Meridian. Please keep in mind that the Planning and Zoning Commission
passed this proposal onto you by a vote of three to two. Two of the Planning and
Zoning Commissioners saw that the proposal was not right and voted for that
way. You must also keep asking yourselves, is this the right land use or can it
better be used? We ask that you keep all these points in mind that I've made
here tonight when you make your final decision. Thank you very much for your
time.
Corrie: Anyone else like to issue testimony? Okay. Hearing none, developer,
you have any questions you'd like to ask or answer to before we close the
hearing?
Fluke: Please. Let me briefly touch on the issues that were raised by our
neighbors. As I stated, traffic is an issue with every development proposal that
you see. I take strong exception with the statement that Stonehenge Way
belongs to that subdivision. Actually, it belong to me and everybody else sitting
in this room. It's public right-of-way, and it's there for the public to use whether
you live in an apartment or whether you live in a single-family dwelling. You have
a right to drive on those roads. The Highway District has evaluated this proposal.
264 trips is an extremely low number. The tier of lots on the north side of the cul-
de-sac and then the tier of lots abutting our subdivision, our apartment project,
generate 264 trips alone. You look at how many other lots are in that
development. That development is generating however many lots they have
times 10. I mean, the cars have to go somewhere when you develop in this
manner when you have land uses sprawled out like this at low densities and
everybody has a car, everybody gets to use the roadways. The Highway District
has evaluated the proposal and found that it will not adversely impact traffic. I
also strongly disagree that site distances are a problem from the site. If you go
from where the hatching hits the public right-of-way, you can see it's essentially a
straight shot looking down Stonehenge Way and looking up Stonehenge Way.
The site distance is excellent from this site on the outside edge of that curve.
The City of Meridian when they adopt their Comprehensive Plan recognizes that
there are many different kinds of living situations and that there was a need for
different kinds of housing within the City. You don't want one kind of housing
product in your city. You recognize a need for some people to live in apartments
rather than single-family dwellings. Not everybody wants to take care of a yard.
Not everybody wants to live on an 8,000-square-foot lot. Some people want to
have homes where they don't want to maintain landscaping. If you look at the
projects that this developer has done, they're nice, well-maintained projects, and
they enhance the neighborhoods in which they're built. It is better than a weed
patch sitting there which is what you have now. Again, I would just want to close
Meridian City Council MeetingC
June 20, 2000 .
Page 40
here by saying that we think that we've designed a project that fits well with
what's there, and it's also in accord with what the City of Meridian is looking for
when they designated it mixed-use. Are there any other questions?
Bird: I have none.
Corrie: Thanks.
deWeerd: Mr.. Mayor, I guess I have a comment to the applicant. Did you not
meet with these neighbors ahead of time to - you did? Not just at P & Z?
Fluke: Correct.
deWeerd: The neighborhood meeting? Okay. Did you try to address some of
the concerns?
Corrie: We better get you on record.
deWeerd: I think some of this is an education process that, you know, it's not
understood that single-family generates more traffic than apartment dwellers. So
I think that's one education point that you were not able to get across.
Fluke: I can put it across until I'm blue in the face, but it's always an issue with
every single project that I've ever seen. I've been at this for almost 10 years. It
doesn't matter what we put in there. Traffic will be the first issue that is raised.
We did meet with the neighbors; short of not developing the site or short of
putting in single-family dwellings, there wasn't much we could do to make them
happy. The one thing they did ask for was for us to take the tier of units that we
had on our internal road and make them single-story units. Just based on the
configuration of the site and how we did our layout, we didn't feel that was the
best use of the land, and we felt like the design really did mitigate that concern.
You can see the distance. Again, it's 100 feet from building to building there.
That was our primary concern when we laid out the site was how we could stay
away from those backyards, and we did that as best that we could given the
configuration of that parcel.
deWeerd: Thank you.
Corrie: Any other questions, Council?
(inaudible comment from audience member)
Corrie: (inaudible) Is Danbury Faire and R-8?
Stiles: Yes, it is.
Meridian City Council Meeting
June 20, 2000
Page 41
Corrie: Any other questions from Council?
Bird: I have none.
Corrie: If there are no other questions, I'll hear a motion to close the public
hearing.
Bird: Mr. Mayor,\1 move that we close the public hearings for both No. 11 and 12,
the annexation and zoning and the Conditional Use Permit.
McCandless: Second.
Corrie: Motion made and seconded to close the public hearing on Items 11 and
12, request for annexation and zoning and request for Conditional Use Permit.
Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Discussion.
McCandless: Mr. Mayor, I think that it's - jlike the idea of apartments over there.
It is a mixed-use. The one thing that I don't like, however, is the traffic in the
subdivision. That's going to be common knowledge pretty soon. They're just
going to all go through there. I don't know whether it's feasible to put a light out
there on Fairview Avenue or not. Seems to me that would be a solution.
(inaudible discussion amongst Council members)
Corrie: Any other comments, questions or discussion? Hearing none, I'll
entertain a motion, then, for the request for annexation and zoning, the Item No.
11, Penn Station Apartments.
Anderson: Mr. Mayor, Shari, did you agree with all the applicant's comments,
then? Was that what I was hearing?
Bird: She probably hasn't seen them. We just got them.
Stiles: In regard to the traffic?
Anderson: No, to the items that were listed on here. The 1.1, 1.4, 18 and 19.
Did you get a copy of this?
Bird: We just got handed this tonight, Shari.
Stiles: The one about the driveways, the last plan I had received, maybe the
cross section showed 25 feet, but the way it scales on this plan does not equal
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Meridian City Council Meeting'
June 20, 2000
Page 42
25 feet. I don't know if Gary has any comment on the surface irrigation water
being the sole source. He doesn't? The seven additional spaces, that's what
came from - that was a recommendation from the Planning and Zoning
Commission. I don't have any particular problems with what he's asked for or his
clarifications.
Anderson: Mr. Mayor, I would make a motion that we have the City Attorney
draw up the Firidings of Facts and Conclusions of Law indicating a favorable
approval of annexation and zoning for Pangaea Land Planning for 3.4 acres from
RT and R-1, Ada County, to R-15 for proposed Penn Station Apartments, south
of Fairview Avenue on the east side of Stonehenge Way.
Bird: Second.
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Facts and Conclusions of Law with a favorable position on annexation and
zoning of the Item No. 11, Penn Station Apartments. Discussion?
deWeerd: Mr. Mayor, it almost goes against logic that traffic is less in the
apartments than in single-family housing, but I look at the patterns that my family
generates, and we generate a lot of trips. Hopefully the management company
that will take care of these apartments will have better neighborly attitude than
the person that has been the spokesperson on this project. I really do believe
that this piece is a part of your subdivision, and I don't know if it's possible that.
they can be part of your subdivision and help support the costs of those areas. I
don't know if that's even something that we can require. This will have a lower
impact on your subdivision than an R-4 designation. I know that's not a popular
thing to say.
Corrie: Any other discussion?
Bird: I have none.
Corrie: Mr. Clerk, would you take a roll-call vote, please, on the motion.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Corrie: Item No. 12 is a request for Conditional Use Permit for the Penn Station
Apartments. Discussion? I'll entertain a motion on the request for a Conditional
Use Permit.
Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts
and Conclusions of Law and Decision of Order in favor of the Conditional Use
Permit by Pangaea Land Planning to construct 10 4-plexes on 3.4 acres in
I
Meridian City Council Meeting:
June 20, 2000
Page 43
proposed R-15 zone for proposed Penn Station Apartments south of Fairview on
the east side of Stonehenge Way.
Corrie: Do I hear a second?
Anderson: Mr. Mayor, clarification. Does that include the staff comments or the
applicant's responses to them?
\
Bird: With the applicant's responses as long as the staff felt comfortable with
that. Shari and Gary.
Anderson: I'll second that.
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Facts and Conclusions of Law with the applicant's - any further discussion?
Hearing none, roll-call vote, Mr. Clerk.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 13.
Public Hearing: VAC 00-004 Request for vacation of a 30-foot,
non-exclusive easement for vehicular and pedestrian ingress,
egress and utility services by Jeff Manship - Slack Cat and Ten
Mile:
Corrie: Item No. 13 is a public hearing, a request for a vacation of a 30-foot, non-
exclusive easement for vehicular and pedestrian ingress, egress and utility
service by Jeff Manship, Black Cat Road and Ten Mile. I'll open the public
hearing and invite staff comments first.
Stiles: Mr. Mayor and Council, this is for an existing easement that comes from
Cherry Lane along the west property boundary to give access to - vehicular
access and utility access to this five-acre parcel that's currently landlocked. Mr.
Manship has come in with a subdivision called Pintail Pointe Subdivision, and it
will be developed when English Gardens Subdivision is developed. Mr. Manship
just showed me a quitclaim deed that he has had recorded that this property
owner has signed off on to allow removal of that easement; however, the City is
still required to go through the vacation process and enter into an appropriate
ordinance to vacate that easement. Staff recommends approval provided that all
the necessary approvals from the utilities are provided to the Public Works
Department.
Corrie: Is the applicant here this evening?
Meridian City Council Meeting
June 20, 2000
Page 44
Manship: Jeff Manship, 4375 West Cherry Lane. I've already taken care of this
matter. It's been recorded. Here's the original copy. Will Berg, do you want to
make some copies of this so they can look at it? It's already been recorded.
Corrie: Just give it to the Clerk. That'll be fine.
Manship: Like I said, it's already been recorded. It's just a procedure to go
through. I have '00 further comments.
Anderson: Mr. Mayor, I have a question. How is anyone going to access this
property now?
Manship: The (inaudible) that has the parcel to the south have the house in
(inaudible) and backs up to the property.
Anderson: People that own it are on the other side -
Manship: My plat also stubs out a street to him which will be Item No. 16 if you
come to that, too, while I'm up here, and maybe we could kill two birds with one
stone. Okay. That's the stub street. The utilities.
Corrie: Anyone else like to issue testimony on this request? Okay. Council, any
other questions?
Bird: I have none.
Corrie: I'll take a motion to close the public hearing.
Bird: Mr. Mayor, I move that we close the public hearing for the request of
vacation of a 30-foot, non-exclusive easement for vehicular and pedestrian
ingress/egress and utility service by Jeff Manship, Black Cat and Ten Mile.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Comments, discussion on the request?
Anderson: Mr. Mayor, I would make a motion that we approve the vacation of
the 30-foot, non-exclusive easement and instruct the City Attorney to prepare the
appropriate Findings of Facts and Conclusions of Law.
Bird: Second.
Meridian City Council Meeting(
June 20, 2000 .
Page 45
Corrie: Motion made and seconded to approve the request for vacation on Item
No. 13 and have the attorney draw up the proper orders. Any further discussion?
Hearing none, roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
Item 14.
CUP 00-024 Request for Conditional Use Permit by James L.
Aimonetto for a temporary office trailer currently in an I-L zone -
2204 Lanark:
Corrie: Item No. 14 is a request for a Conditional Use Permit for James
Aimonetto for a temporary office trailer currently in an I-L zone at 2204 Lanark.
Staff first, please.
Stiles: Mr. Mayor and Council, this is for the property that you previously looked
at; a temporary variance on the landscaping and paving portions of the project.
You have the recommendations from the Planning and Zoning Commission. The
applicant has submitted his position statement requesting deletion of some of
those conditions. I'll go over those. He's asked for deletion of the tiling
requirement, the Evans Drain -
*** End of Side 3 ***
Stiles: -- adjacent to this property and our Ordinance does require piping of
those ditches. RC Willey and Wheel City have both submitted bonding or letters
of credit for piping of that drain in the future. The applicant lists as one of the
reasons not to pipe was that Jabil was not required to pipe. That was quite a
different situation as they did make an amenity of that lateral and have a pathway
along it. So staff would not recommend approval of deleting that Item 1.4. Item
1.5 he has asked for a deletion of that. I think there was a little confusion when
the site - there was a plan that was submitted that does not meet Ordinance
requirements, but we thought that was submitted in an attempt to at least provide
some paving and landscaping for the project. It would in no way meet any
Ordinance requirements, but I think that is why that landscaping - well, I'm
getting ahead of myself. Sorry. The off-street parking; that is approved
temporarily not to be paved. We would not have a problem with deleting that.
He has asked for a deletion of Item 1.6, all construction shall conform with the
requirements of Americans with Disabilities Act. Staff cannot remove that
condition as it's a federal requirement. We have no authority to do otherwise.
Item 1.9, this is where the confusion came up because of the plan that was
submitted with the Conditional Use Permit, they do show a small, paved area
next to the temporary trailer, and also a is-foot landscape setback with some
trees. I think that because this was submitted with the application, we thought
they were proposing at least as a minimum to provide this, but apparently they're
not proposing to provide anything at this time. We would not approve of deleting
Meridian City Council Meeting(
June 20, 2000 .
Page 46
that entire section 1.9 because future construction of the permanent building will
need to meet any Ordinance requirements in effect at the time the permit's
applied for. Item 1.10, he's asked for deletion of that. We ask that remains
there, that it would be subject to review upon 10 days' notice. This is a typical
comment that we add to these Conditional Use Permits. We did make an error in
having some comments from a previous application, so on Item 1.10, the second
and third sentences of that paragraph should be stricken because they don't
apply to this, and the transfer, we would still ask that that needed to be approved.
They have asked for a 24-month occupancy, and the recommendation is for a
maximum of a 12-month period and that they would need to be at least under
construction with the permanent building at that time and meet all the
landscaping and paving and Ordinance requirements at that time. That's all I
have.
Corrie: Applicant, Mr. Aimonetto, here?
Glencoe: Mayor, members of the Council, my name is Matthew Glencoe; 1011
North Maple Creek Avenue. My office is at 24 South Cole, Suite B in Boise.
Yes, as we initially approached this, it was with a 24-month timeframe to
construct and do all the planning. We figured that will be fine and also the
reason for the initial proposals on the landscape as it was initially proposed was
within 24 months we could get a little done and then give us the time that we
would need to get those done. Obviously, our timeframe that we've had to
operate has been substantially crunched, so instead of investing the time to
worry about the paving and the landscaping, now, I think we can just delve right
into full construction and plus the fact that we've already been given an extension
on landscaping and paving anyway. So the idea is, at least for my operation,
most circumstances and developments are not useful to the owner of the
property until some development takes place. My situation is unique in that I
really only need the lot and a place to run my office, and they ideally need to be
on the same spot. That's one of the reasons we selected this site. It was
because we knew that as we're getting things up and running it would serve us in
this interim period. Again, we were hoping for 24, but we're committed to being
here and being part of Meridian. Again, you know, as I live here, I was
instrumental in selecting Meridian, the site of this; we were looking in Nampa and
in Boise. It made sense in Boise on a business standpoint, but it also made
sense personally. So as far as how it was written and hwy, I was asking for 1.5,
1.6 and 1.9 to be set aside as in relation to the fact that I will just dive in, get a
permanent building on site within the next 12 months and then we don't have to
fool around with figuring out how to get some landscaping in front and pave a
little bit of that. As far as the ADA requirement, that was basically - I haven't
seen a single trailer yet that has a ramp up to it. I even asked the people - we're
working with two different companies who would supply us with the trailer, and I
asked them if we could rent some ramps, and they said they hadn't even had a
request for that. That's why I included that comment about the ADA requirement
that it being a temporary structure that I was thinking we probably would be able
Meridian City Council Meeting
June 20, 2000
Page 47
to sidestep that for the time being. Obviously, any permanent thing has got to be
in compliance, and that's not a problem. I'm not asking for any special things.
I'm just asking for an opportunity to kind of get things up and running. I'm open
to any questions.
Anderson: I don't have any questions, but I know ADA, whether it's temporary or
permanent, it's not a thing you can get around. It has to be done.
\
Glencoe: How then do other structures that construction sites, trailers and that
sort of thing- I'm just going basically off of what I've seen in my experience.
Bird: Is yours open to the public?
Glencoe: No.
Bird: It's strictly for employees?
Glencoe: Yes, just employees.
Bird: That's how construction trailers get away with it. That's how my trailer gets
away with it.
Glencoe: I don't have any reason to have customers come to me because that's
not my job. I go and take my stuff to them. The other thing, as far as tiling goes,
I guess at least the issue being it's many - nobody knows when that thing is
actually going to be accomplished. So that's why I was asking for the (inaudible)
or exemption or whatever is the process to deal with that. Like I said, I noticed
the other situation with the fence, staff mentioned that in the case of Jabil they
were making a through-way. I think it's one of the last items in this, No. 1.14
indicates it's part of the Meridian Comprehensive Plan to - yes, multiple-use
pathway is part of that anyway. It sounds like that's part of the deal anyway
already. Who knows when that will happen.
DeWeerd: Mr. Mayor, can Shari address that? The other occupants that are not
tied in have bonded for it in case it's in the future required or how is that working?
Stiles: RC Willey and Wheel City USA bonded for it.
DeWeerd: But you don't know if it will ever be tiled or if it will eventually be
improved?
Stiles: I think that's something the City needs to look at. That's something that-
I've gone out there behind Wheel City USA and it looks like ground water is
percolating up from the ground.
DeWeerd: So you can't-
Meridian City Counc[I Meeting ( . . .
June 20, 2000 . .
Page 48
Stiles: Well, you can still pipe it. Nampa Meridian Irrigation District has indicated
that you can pipe it with perforated pipe or with open-joint concrete. It's not that it
can't be or that they won't allow it, but I just don't have the expertise on that to
really address whether we should or not, but it's probably something that we
should get somebody that is knowledgeable about those drains and whether it's
something that we want to be piped.
\
Bird: Mr. Mayor, I agree with you, Shari, and I think that Gary or Charlie
Rountree talked to the Corps regarding that deal about - maybe Glenn - that
talked to somebody that - they did not, would not allow any tile if I remember
right. Is that right, Gary?
Smith: I don't recall specifically, Councilman Bird. I think it was either no tile or it
had to be tiled such that it would function as a drain.
Bird: Maybe that was it.
Smith: Either perforated pipe or open-joint concrete like Shari says. One way or
the other. I just don't remember for sure how it was exactly. I remember that we
ran into this tiling of Nine Mile Drain through the subdivisions off of Locust Grove,
and in that case the Corps would not allow them to be tiled because they still had
jurisdiction over that ditch. It did function as a sub-surface drain.
DeWeerd: Mr. Mayor, so how would you deal with that condition if you don't
know if it can be piped or not? Just put it in the agreement and deal with it when
it's decided or - it doesn't seem fair to bond for something that you may not have
to do eventually.
Stiles: Well, we won't have an agreement on this. It's just Findings of Facts and
Conclusions of Law that will be prepared. It's not a Development Agreement or
anything like that. I mean, our Ordinance does require piping of drains and
ditches. I guess if you say being fair, is it fair to charge the other people that
have been in the City to make them bond for it and one not? I think it would be
better for us to be consistent. Either we need to return the bonding money back
to the other people that have put that money up or - we need to make a decision
one way or the other. I guess I wouldn't support leaving it open if they're not
going to make it an amenity and put landscaping back there, as these conditions
call for, in the future when they come in with their permanent building. I guess
that's not an answer either, is it?
Nichols: Mr. Mayor, members of the Council, you don't have enough (inaudible)
to weigh this type of requirement at this time. It may well be that the source of
water in that drainage through agricultural uses that through development may
go away. At that time tiling may be appropriate or it might be water that's always
going to be there. You don't have the facts in front of you to say that, but,
Meridian City Council Meeting I
June 20, 2000 .
Page 49
certainly, if this tiling were bonded for by this conditional use application, then it
would be later determined that you're not going to make them tile it because it's
impossible or impractical and doesn't meet the City's needs, then at that point
those bonds can be released. The only thing is, of course, is the applicant has to
pay a bond premium now for that.
Bird: And they don't get that back.
\.
Corrie: Any further discussion?
Bird: I have none.
Corrie: Okay. Are we ready to take a motion on the request for a Conditional
Use Permit?
DeWeerd: Mr. Mayor, I move that we instruct the City Attorney to draw up the
Findings of Facts and Conclusions of Law and Decision of Order for the request
for Conditional Use Permit to approve it for a temporary office trailer for 12
months with staff comments to exclude 1.5 and delete 1.10, the second and third
sentences.
Bird: Second.
Corrie: Motion made and seconded to approve the Conditional Use Permit on
Item 14 with the subject to staff comments and the motion has been made. Any
further discussion? Hearing none-
Nichols: Mr. Mayor, it looked like Ms. Stiles had some comment that she wanted
to make.
Stiles: Mr. Mayor and Council, how about 1.9? Are you asking him to go ahead
and landscape as he's shown on the plan he submitted or-
DeWeerd: He received a variance for that, right? For 12 months? I was under
the impression-
Stiles: I guess what we thought as we were reviewing this was that was his
concession to ask for complete compliance with the Ordinance; that they were
offering that temporarily and apparently they're not. They're not proposing to put
any of that paving or landscaping in at this time. There would be no paving or
landscaping is what they're proposing. So I didn't want them to - or anyone to
think that that plan they submitted complies with our Ordinance because it
doesn't.
Meridian City Council Meeting
June 20, 2000
Page 50
DeWeerd: Right, well, I guess I was under the impression that their variance was
for 12 months and then they would comply fully to the City Ordinances at that
time. I guess I assumed that. Was that wrong?
Bird: That's what we passed on June 6th. As I recall it was a request for a
variance for landscaping and asphalting of parking lot for 12 months. It was Item
M in our Consent Agenda. So we passed that.
'.
Stiles: See, the. plan that they submitted doesn't comply with our Ordinance
either.
deWeerd: Well-
Stiles: They're going to use parking areas beyond what they've shown as paved
area on their plan. They would have vehicles that would be sitting in that space.
So I think it can just be at least the first sentence should be wiped out of that.
1.9.
Anderson: 1.9; the landscaping.
Corrie: Just take the first sentence out of 1.9?
Stiles: Yes.
deWeerd: Okay.
Stiles: Is that a problem?
deWeerd: My motion can include on 1.9 deleting the first sentence and leaving
the second.
Bird: The second agrees with that.
Corrie: Okay.
Stiles: Thank you.
Corrie: Any other discussion? RolI~call vote now, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES.
Corrie: All ayes. Mr. Attorney, you've got all the-
Meridian City Council Meeting
June 20, 2000
Page 51
Nichols: Yes, Mayor, members of the Council, I just want to emphasize to the
Council that this is a Conditional Use Permit for a temporary office only for 12
months which means that at the end of 12 months it's either gone or there's a
new one going up. So if a new permanent structure goes up, then all the
landscape requirements have to be met. Okay. Anyway, my point is there's a
tendency sometimes with temporary buildings to become permanent. As long as
we don't leave any impressions that there's anything permanent about this.
\
DeWeerd: I got the impression that was understood when we did the
landscaping and stuff.
Corrie: Thank you.
Item 15.
CUP 00-025 Request for Conditional Use Permit by Terrace Plaza,
LLC, for a planned-unit development, proposed Terrace Plaza, to
construct a second building in an I~L zone - 199 North Linder Road:
Corrie: Item No. 15, request for Conditional Use Permit by Terrace Plaza, LLC,
for a planned unit development, proposed Terrace Plaza, to construct a second
building in an I-L zone - 199 North Linder Road. Staff comments first.
Stiles: Mr. Mayor and Council, this is for a piece of property on Linder Road.
The front portion here is currently occupied by TechPac. The property has been
split. These were three 5-acre parcels at one time. This is also part of the Linder
Road Industrial Park that was annexed back in 1984 that we've discussed earlier.
They're proposing to put another building on this lot. They are not eligible for
another split to make it a legal parcel, so they have come in for a Planned
Development for two buildings on one lot. We have received - I don't know if
you have a copy of it. The applicant has brought this in to me today. I don't have
it anywhere in my file. It's a letter from ACHD telling us to disregard their
previous correspondence of May 9th that they didn't have any site improvement
requirements. And with that, I would ask that the recommendations of Ada
County Highway District that appear on the last line of Page 4, and then Items
1.18 through 1.21 be removed as they have rescinded those requirements. They
will have to pay impact fees at the time they come in for a building permit. The
amount that they show in these recommendations would have applied to the
previous building that was built. This shows the existing building on Linder Road.
I don't know what this stuff is back here, but that's another picture of this site.
And then here is a site pattern showing the proposed building and parking areas.
We would ask that you would approve it with staff conditions.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Shari, what is the date on that Ada County Highway District?
('
Meridian City Council Meeting (.
June 20, 2000 .
Page 52
Stiles: May 16, 2000.
Bird: When did you get it?
Stiles: The applicant brought it in to me today. She indicated that she had given
that to Steve, but it is not in my file.
,
Bird: Don't take it personally, but it's unfair to the Council up here when stuff
comes in the night of the hearing.
Wildwood: Thank you, Mr. Mayor, members of the Council. My name is Susan
Wildwood. I'm an attorney with offices in Boise. My address is 2533 North 26th
and I'm here on behalf of the applicant. The letter in question indicates it was
sent to the City. When I originally got this staff report was only this morning. It
was faxed to me as soon as I saw the ACHD comments, I dug through the file. I
showed Shari the letter that indicates right on it that it was sent in here - directly
in to you folks.
Bird: And you just got our staff reports today?
Wildwood: I received a telephone call yesterday saying the matter was on for
hearing. I asked for the reports to be faxed over to me. I got it yesterday
afternoon at about 3:00. That's why I made sure that the letter was here. I would
not normally be quite that tardy. I won't say that I'm never that tardy, but I am
generally not.
Bird: Well, you understand where we are coming from.
Wildwood: Absolutely.
Bird: We don't see half of these things.
Wildwood: Yes, and I completely understand. That's why when I saw it, I
immediately brought it to Shari's attention. Even if they were going to apply, I
had called ACHD when I got their letter originally and I said, "Oh this is pretty
interesting. We've already paid for this," and the gal that said "I am brand new.
I'm sorry. We thought it was going to be the old building. Don't worry about it."
Here's the follow-up letter. In any event, we would - the requirements to donate
the right-of-way and all of that would have been taken care of and so that's why I
requested the follow up letter coming in to you so that there would be no
misunderstanding. Many (inaudible). In spite of our better efforts in staff, and it's
certainly not to fault staff, because they've done a great job. Our only comments
really, with regard to this application - we concur with all of the staff comments.
There was one that I did want to clarify and that would be paragraph 1.11. At the
rear of the building, there was a nine and a half foot gravel bed. Staff had
Meridian City Council Meeting\.
June 20, 2000
Page 53
suggested that - Excuse me - at the west end of the building, staff had
suggested that rather than have this graveled area, that we put the additional
trees and shrubbery in that area. We certainly concur with that, which would
mean that the statement applicant to consider the west end of the building sited
in NO.5 above. NO.5 is referring to the original recommendation - paragraph
five in the original staff report before Planning and Zoning. So it would be our
proposal that the only modification to the recommendations is that rather than
shifting the parking lot all over the place, which would be a significant redesign -
that we take the nine and half foot gravel bed on the west end and put the
additional landscaping there. That would actually modify paragraph - that same
paragraph which refers to the other options, so it would actually be on page 4.
About the middle of the top paragraph says "One option for the applicant to
consider is the west end of the building sited in No. 5 above." I think that that
probably should read 1 .11 above and then not have to do the option of shifting
the parking rows north. I would like to say that your staff has been really good to
work with in this project. They've been very helpful with us in the redesign and
the consultation. With that, we have no other proposed changes to those
recommendations. I will stand for any questions, Mr. Mayor.
Bird: I have none.
deWeerd: Just for clarification, Mr. Mayor. So, in that first paragraph on page 4,
you're recommending to put - as sited in 1.11 and then delete the next sentence.
Wildwood: Yes.
deWeerd: Thank you.
Wildwood: Thank you.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: Shari, is that recommendation agreeable to you?
Stiles: To add those trees to the end there?
deWeerd: To make those changes to your recommendation.
Stiles: I don't have any problem with them as long as they meet the rest of the
recommendations.
Corrie: Any discussion? Hearing none. I'll entertain a motion then.
Meridian City Council Meeting
June 20, 2000
Page 54
deWeerd: Mr. Mayor. I move that we instruct the City Attorney to draw up
Findings of Facts and Conclusions of Law and Decision of Order to approve the
CUP for a PUD for proposed Terrace Plaza to construct a second building in an
I-L zone off of Under Road and to delete Ada County Highway District's
req uirements No. 1.18 through 1.21 and to change 1 .12 on page 4 - the
sentence that would say "one option for the application to consider is the west
end of the building sited" and instead of No.5, indicate 1.11 and delete the
following sentence that reads "another option is to shift the parking rows north
towards the building three feet and add a narrow planter along the south property
boundary to extend the existing landscape planter to the east end of the site.
Bird: Second.
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Facts and Conclusions of Law in favor with the motion as stated. Further
comment? Hearing none. Roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES.
Item 16.
FP 00-009 Request for Final Plat approval for Pintail Pointe
Subdivision of 11 building lots and 1 other lot on 3.68 acres by Jeff
Manship - south side of Cherry Lane, east of Black Cat Road:
Corrie: Item No. 16. Request for Final Plat approval for Pintail Pointe
Subdivision of 11 building lots and 1 other lot on 3.68 acres by Jeff Manship.
Staff comments?
Stiles: Mr. Mayor and Council, we talked a little earlier regarding the vacation of
this. This is proposal for 11 single-family lots on Cherry Lane. The lots would
have access through English Gardens Subdivision, and actually, they'll have to
rely on English Gardens Subdivision to be platted and constructed first, prior to
any construction because that's where they're going to get their sewer service.
This is the existing building on Cherry Lane. They are proposing that they would
come through English Gardens Subdivision and then enter in an extension of one
of their Preliminary Plat - The Final Plat has been approved at this time. They
would have this hammer-head turnaround to access these two lots. I believe that
this would all be landscaped on Cherry Lane so they would cut off any direct
access to Cherry Lane at the time this subdivision is developed. They did
proposed 4-foot high temporary fencing on the perimeter and the staff has asked
for permanent six-foot perimeter fencing at least on the south and east sides,
prior to applying for building permits. Other than that, I have no further
comments and would ask that you approve this with staff conditions.
Meridian City Council Meeting
June 20, 2000
Page 55
Corrie: Okay. Applicant, have you seen the general comments and site specific
comments?
Manship: Jeff Manship, 4375 West Cherry. Mayor and Council members, the
landscaping that shows up there - All of the vegetation matches English Gardens
landscaping plan. That's not a problem. The only problem I do have is No. 11
about the six-foot high fence. If you go back to the Findings of Facts and
Conclusions of Law from the Preliminary Plat, it states that a 2.12 - The first
phrase states "if fencing is planned." I don't have any planned fencing for this.
That's up to the homeowners to do that. Therefore, even if we did have a fencing
plan, it would have to be approval of the Homeowners Association, which will be
part of English Gardens Homeowners Association. We haven't drawn up any
documentation of that right yet. Back to the Findings of Facts on 2.12, the
perimeter fencing shall be constructed along the east and south boundaries
during the time of any house construction. To my knowledge, that means that
the fencing will go up when houses are being built to contain construction
degrees - not prior to subdivision construction, which doesn't generate a lot of
paper and stuff blowing around. It's basically just gravel, dust and materials of
that aspect. That's my only problem with No. 11.
Corrie: It's on the east and -
Manship: The south. The "X's" mark the east and south boundaries of the
project.
DeWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
DeWeerd: Shari, in English Gardens, they are required to do preliminary fencing,
aren't they?
Stiles: Yes. That's a condition of their-
DeWeerd: Is that an Ordinance?
Stiles: It's in the Comprehensive Plan. The Comprehensive Plan is an
ordinance, but we have asked for that permanent perimeter fencing on all
subdivision plats. Especially - Such as this one - where they're bordering
adjacent rural development. It's not urban development yet. It's still - They've
got this five acre piece here and here. It's more to protect them.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meeting(
June 20, 2000 .
Page 56
Bird: As I read this No. 11, and I'm sure Jeff probably - "Permanent six-foot high
fencing to be installed along the east and south boundaries prior to applying for
building permits." What was the four and a half temporary you had for a tie that
you were going to put out?
Manship: That was just a plastic construction fence to contain debris, which was
also stated in the conditions of the Preliminary Plat. That had to be out to contain
debris and that's why we're going to put that on temporary. Once houses got
going, the Homeowners Association agreed upon a fence design. The fences
would be constructed then.
Bird: This states that "before building permits - prior to applying for building
permits, you will have that up."
Manship: Well, it's a recommendation.
Bird: Yes. That's a recommendation.
Manship: I'm going back to the Findings of Fact on the Preliminary Plat. There's
where my discussion comes from.
DeWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
DeWeerd: Are we ready for a motion?
Corrie: Yes. Nobody else has any discussion. Okay. I'm sorry. I don't want to
get ahead of you. I recommend approval for the request for Final Plat for Pintail
Pointe Subdivision and ask the City to draw up Findings of Facts and
Conclusions of Law and Decision of Order with staff comments.
McCandless: I'll second, but I think you should move it rather than recommend
it, right?
DeWeerd: To recommend approval.
McCandless: To move that we approve?
DeWeerd: I think that's what I did.
Corrie: The motion is made to approve the request for Final Plat on Pintail
Pointe Subdivision and have the proper order and the Mayor to sign with the staff
requirements. Any other discussion? Hearing none. All those in favor of the
motion say aye.
/
Meridian City Council Meeting t
June 20,2000 .
Page 57
MOTION CARRIED: ALL AYES.
Item 17.
TE 00-004 Request for time extension on the Preliminary and Final
Plats of Scottsdale Subdivision previously approved on June 14,
1999 by Briggs Engineering:
Corrie: There's a request for a time extension on the Preliminary and Final Plats
of Scottsdale Subdivision previously approved on June 14, 1999 by Briggs
Engineering. Is a member of Briggs Engineering here? Staff, what's the request
for a time extension?
Stiles: Well, I don't have much information on this why they have asked for it. I
know they have to have their Final Plat recorded by June 14th of this year and
they haven't done that. They did make a request for the extension prior to that,
so the ordinance does a,lIow for a one time extension of one year. They didn't
say what they needed or why they needed it except for the fact that it is not
recorded yet. I don't know what the hold-up is. I don't know if you want to grant
a year or six months or -
Bird: Thirty days or whatever. What does staff recommend? A year? Since
Ron and I have been on there, we've done a couple of them. I think we've done
a couple of them that I think we've went a year.
Stiles: I don't have any problem with a year. It's not helping them to drag it out.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we grant a one-time, 12-month extension
for the Preliminary and Final Plat for Scottsdale Subdivision.
Bird: Mr. Mayor. I'll second it, but I think we need to add in one thing on that,
Ron.
Anderson: What's that?
Bird: Note the date of June 2, 2000, was when it was hand delivered. No
problem when we're doing it on the 20th, so we need to note the date that they
were asking for the extension was June 2.
Anderson: So you're saying that you want 12 months from June 2nd. Is that
right?
Bird: Well, we don't want to be past the 14th. Our ordinance says that they have
to do it within a year.
Meridian City Council Meeting!.
June 20, 2000 ..
Page 58
Corrie: Motion made and seconded to approve the request for time extension on
the Preliminary and Final Plat - Item No. 17 for 12-month extension beginning
June 2, 2000, until June 2, 2001. Further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
Item 18.
Ada County Development Services 00-10PDR I 00-05 ZC -
Preliminary Plat for Edinburgh Subdivision
Corrie: Item No. 18 - Preliminary Plat for Edinburgh Subdivision. Shari, do you
want to-
Stiles: Mr. Mayor and Council, you looked at this Edinburgh Subdivision some
time ago and it showed the entire 40 acres being platted and your decision was
to deny it. The applicant had requested reconsideration. This is not really a
reconsideration. It's actually - Ada County is considering it basically as a new
application. I didn't have an 8 % by 11 of the new proposal, but it's roughly the
same as they showed previously except it didn't show any of these future lots.
They were blank. They proposed 53 buildable lots and 5 other lots on 17.76
acres. This is for the property south of the Vienna Woods Subdivision. This is
the edge of our area of impact here. It's not a public hearing, but I don't know if
you want to hear from the applicant and their representative as to why they think
conditions have changed to a change of mind.
Corrie: Okay. Council, what's your pleasure?
Bird: Is the applicant going to come forward?
Corrie: I would suggest that - Mr. Bunderson, if you'd like to come up and kind
of give us a run-down of - Oh, we've got an attorney for you?
Butler: Joann Butler, 101 South Capitol, representing Bunderson Smith, LLC.
I'm going to give you the 81/2 by 11 plat so that you can see that, and also a
copy of the staff report.
Bird: Thank you.
Butler: Thank you. As Mrs. Stiles indicated, this is a new application to Ada
County and we're asking for recommendation of approval for the Preliminary Plat
for Edinburgh Place to the County. The County will be reviewing this in the near
future. I've passed out the last staff report that you received. Gene Smith met
with staff earlier this month. Staff indicated they weren't going to be preparing a
new staff report, so we assume the conditions of approval remain the same and
Meridian City Council Meeting(
June 20, 2000 ' .
Page 59
so this is there for you to review and we'll just make quick comments on that.
Although, in that staff report, staff was recommending denial. We believe that
the comments of the staff, the Conditions of Approval that you're going to apply
to this, and the comments that you made in the last hearing, and the motion that
you made will lead you to approve this reapplication to Ada County. The
Preliminary Plat is for 53 buildable lots that we submitted to the County. We did
that to accommodate the comments by Meridian and the motion that was made
at the last hearing. As you remember, we had a long discussion with staff as to
what the actual capacity was out in this area and we confirmed with Mr. Smith at
your last meeting. The City had developed enough capacity in this area to serve
Vienna Woods and something a little bit more. The equivalent capacity was in
approximately 50 lots. We did confirm with Gary that 53 lots would fall within that
capacity. Just to refresh your memory, on the last hearing that we had -
Comments at your last hearing included questions from Councilwoman deWeerd
to the effect "Doesn't Vienna Woods contradict the past decisions of the City?"
Your engineer, Mr. Smith, answered and refreshed the Council's recollection that
the City decided, at the time of Vienna Woods -In essence to try to eliminate the
proliferation of lift stations in the city. The City decided at that time that the lift
station at Vienna Woods would be size-such that it would serve Vienna Woods,
and as I said, just a little bit more capacity, which is approximately 50 lots. Mr.
Smith noted at the time that there wouldn't be more development in the area and
into that lift station until the flow could be diverted at a later time to gravity flow.
Mr. Smith also reported to the Council that the decision was made at that time to
take the affluent from Vienna Woods and any other additional capacity such as
this and put it into another service area. That was a decision of the County, too,
as well. The motion was made by Councilman Anderson to deny the request for
a Preliminary Plat and due to the inability of the City to provide sewer service to
all of the lots proposed in the Preliminary Plat. As you remember, the original -
*** End of Side 4 ***
Butler: Meridian is saying that we don't have that capacity. We do have capacity
for 50 some-odd lots and so we revised the Plat and the County excepted our
new application. So you do have the capacity to serve the lots shown in this new
application. You've previously made the decision to install the lift station to serve
not only Vienna Woods, but this additional capacity. You've previously made the
decision to put that affluent into another service area until the newly named
"White Trunk Line" came into being. Another issue that came up at your last
hearing was whether or not urban services could be extended to this area
outside the existing city limits. Reminding you about the Comprehensive Plan
Provision that says "No new developments should be approved outside of the
Urban Service Planning Area," which we're inside of, "unless it can be shown
that urban services can be reasonably provided at the time of final approval." So
your Comprehensive Plan contemplates that you will serve outside your city
limits and even beyond your Urban Service Planning Area, if you can be shown
that services will exist at the time of Final Plat. Of course, we're inside the Urban
Meridian City Council Meeting (' ...
June 20, 2000 '
Page 60
Service Planning Area. We are at an area where the capacity already exists, so
we clearly comply with the Comprehensive Plan. In addition to that, we comply
with this Subdivision Ordinance requirements. Your staff has set out a number of
Conditions of Approval in their staff report to insure that there is compliance and
we've just noted off to the side, as you can see. We're fine with all of those
Conditions of Approval. Just a clarification on the school district - We did meet
with the school district. They do not want a site in this area and they are fine with
the project. In COndition - that's in Condition NO.2 and Condition No.8, the staff
noted that if you recommended approval, they would ask that we voluntarily
agree to pay park-impact fees. That is the case, we are voluntarily agreeing to
do that. Condition No. 10 - just a clarification on common area. The County,
unlike the City, refers to all residential subdivisions as Planned Developments.
They did not mean Planned Unit Developments. The staff is referring there, I
think to the Meridian Zoning Ordinance where you do require additional open
space, but we are not asking for any changes or flexibility in standards with the
County. They are not required. And so, I just wanted to make that clear. We are
not a Planned Unit Development. So that particular Condition of Approval
wouldn't apply. With regard to ii, with the sewer assessment, that's fine. As
most people, I think would agree, the City's trying to grapple with sewer. Any
sewer assessment that is fairly assessed to all - throughout Meridian City, this
applicant has no difficulty with either. Senator Bunderson is here to address
issues of landscaping and design, if you would like to hear that again. I know
that he addressed you at the last hearing, which was not that long ago. I'll just
leave that for you to ask questions of Senator Bunderson if you would like to hear
more. So, in conclusion, we are asking for recommendation of approval. This
subdivision plat, which we reapplied to the County for to meet your requirements
uses the existing capacity. It meets your Comprehensive Plan. It meets the
Subdivision Ordinance. It helps you develop into the area of impact in a
reasonable fashion using the existing capacity. It also helps you provide for
parkland through those impact fees. I said the last time, if you're going to
recommend denial, which we're hoping that don't because we think you have
everything there to grant approval with this resubmittal. We're asking the City, of
course, to be very clear in its reasoning tonight for its findings. As I said, we
believe you can easily find that this plat complies with your ordinances and plans
and you can recommend approval to the County. I also have with me, Gene
Smith here, who can comment on technical issues of the plat and the utilities, if
you'd like to ask him questions as well. Thank you.
Corrie: Thank you. Council, questions?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I'd like to hear Gary's comments on this.
Meridian City Council Meeting
June 20, 2000 .
Page 61
Smith: Mr. Mayor and Council members, the planning, I guess, that went into
construction of lift station for Vienna Woods did include some additional capacity
to provide service to other properties that could be sewered into drainage other
than the north slue. The present situation with the sewering of Vienna Woods by
pump station to the south slue provides capacity of approximately 50 lots --
single-family lots beyond the number of lots that are included within the
boundaries of the Vienna Woods Subdivision as approved the Preliminary Plat
for that subdivision. At the time that the City of Meridian had their meetings with
the Ada County Commissioners to establish the area of impact boundary
between Boise and the City of Meridian, it was felt that this area east of Locust
Grove that could be sewered into a lift station at Vienna Woods should be
planned to be sewered into that lift station so that we didn't have a series or a
proliferation of list stations along Locust Grove for individual developments. I felt,
and I think the Mayor and Council at that time felt that once Vienna Woods
developed, others would follow. So that was part of our proposal to the County
that we would have a single lift station that would serve the service area between
Chinden Boulevard, Locust Grove and a drainage area that would be bounded
somewhere between Ustick and McMillian. I don't remember exactly where that
line is - just north, I think, of the Charter School that's been recently constructed
out there. And over towards the boundary line - to include to the boundary line
between Boise and Meridian as established by the negotiations between
Meridian and Boise at the County Commissioners' meetings. That's some of the
background, I guess, in a kind of general and somewhat specific way.
Councilman Anderson, does that answer your question?
Anderson: What about the water issues? Where would that come from?
Smith: The water is an extension of our existing line at the Charter School on
Locust Grove. It would be extended north to the north boundary of Vienna
Woods.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Gary.
Smith: Yes, sir.
Bird: Hopefully in Spring or summer next year, this station will be pumping into
the White once it is completed and not going to the south. Am I not right?
Smith: Yes, sir. Correct.
Meridian City Council Meeting
June 20, 2000 .
Page 62
Bird: And at that point - The lift station I realize puts a limit on how many lots
you can service because of its size, but the trunk will have plenty of capacity at
that point - the white.
Smith: At that point, yes.
Bird: And that relieves the south slue to carry what it should be carrying from the
area it should be. carrying from.
Smith: Correct, yes. And actually, the major restriction in pumping to the south
slue is not the slue itself, but it's the eight-inch sewer line in Locust Grove at
Summerfield Subdivision.
Anderson: Gary, if we were to approve this and burned up - You said there's
only capacity for an additional 50 and if we put this on there, would there would
be any reserve for emergencies for any homeowners or anybody that was in that
area that had a failure of their septic system or something like that they would not
be able to hook onto it at that point.
Smith: There would be room for isolated situations for people that needed to
connect, yes. We did have a couple of phone calls of people wanting to connect
to the pressure line and we told them that it probably would not be a good idea to
connect to that pressure line, because they could get some instead of give some.
But, yes, there would be some - If the gravity pipe existed, there would be some
capacity for isolated connections.
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I don't know whether my memory is failing me or not, but it seems
to me that I - Well, lets put it this way. I don't see any difference in this proposal
than what we saw last time. They talked about only approving 52 sites or 53
sites - something like that at that time. Am I right?
Nichols: Mr. Mayor, if I may address that. Councilwoman McCandless,
members of the Council, it's my recollection that they came in with that at the last
minute and in fact, what was in front of you was the whole plat and there was an
area drawn around it and said "We won't develop this other part of it." But it
really wasn't - It was a last minute thing. Although it may look similar to this in
some respects, it's different.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
,/?:'" .,
Meridian City Council Meetingl
June 20,2000
Page 63
Bird: Shari or Gary, on JoAnne's comments on our recommended conditions, did
you have any problems with that - like NO.2 or the school district didn't want a
sign out there. I thought maybe -
Smith: I don't have any knowledge of that, Councilman Bird. Shari doesn't
either.
Bird: Okay. The park-impact NO.8 - they agree to pay for that. It's not a PUD,
which you agree to that. The assessment - they agree to pay to that. Everything
else was okay.
Corrie: I guess I don't understand No. 10 about the landscaping buffers and all
that. What's with this, Shari?
Stiles: Mr. Mayor and Council, because they submitted it to Ada County as a
Planned Residential Development, we applied our conditions for a Planned
Development on it as they are suppose to meet our requirements for zoning, so-
Bird: What do we use?
Stiles: I don't know. I think that Ada County requires that anything that's not a
rural subdivision, which is all they're really accustomed to dealing with until now,
that they called them all Planned Residential Developments. For any residential
plat - I think any plat that is not the five-acre lot, they require them to submit an
application for a Planned Development at the same time as a plat, even though
they don't even have any criteria to call it a Planned Development. We had
asked Ada County the same thing. We said "Why do you call it a Planned
Development when you have no additional requirements." The.y didn't have an
answer.
Bird: What would you like to do with that No. 10, Shari. What should we do as a
City, to that - stay to that or -
Stiles: Legally, I don't know what we can do. Of course, we'd always like to
have 10 percent.
Bird: Sure.
Stiles: Vienna Woods has 10 percent. In this case - I guess if it were - If you
were only approving the 17 acres, then they would have less of a requirement.
They'd have to have just under two acres for 10 percent.
Bird: I understand that's all we are approving at this time, as the application
says: "17.76 acres, 53 lots and 5 other lots." So what would you suggest on 10,
Shari? Just leave it?
Meridian City Council Meeting'.
June 20, 2000
Page 64
Stiles: If you're asking my preference, that would be that they have 10 percent
open space.
Butler: Mr. Mayor and Council, there is open space in there. Ada County does
not require that - remember that you're in the area of impact so the area of
impact agreement says that the zoning ordinance that applies is Ada County's.
The reference to the 10 percent is contained in your zoning ordinance and it's not
an applicable ordinance. Legally, that why we're clarifying for the Council why
that is not an a.cceptable condition, because it just applies to the wrong
ordinance.
Corrie: But it can apply later, right?
Butler: At that time, for example, on the next - If we ever get to next phases, and
you have annexed us at that time, your ordinance would apply.
Corrie: If this fills up before it's annexed, then we lose the ten percent.
Butler: Correct, because your zoning ordinance doesn't apply in the area of
impact.
Bird: Mr. Mayor and Joann, seeing how we're extending and happy to by me -
the sewer out there for 53 lots. You as developers wouldn't be agreeable to 10
percent open? Now Vienna Woods did do that to cut the meat a little bit. We
hope to have you annexed before you get through. If plans go as good as we
plan, I wish Bunderson and you guys could work on maybe coming up with close
to aiD percent, if not aiD percent so that we can all look alike out there. It is
going to be in our city limits in some time or another.
Butler: I appreciate what you're saying and if I put your foot in my mouth, tell me,
but I think that's something that can be looked in the future phases of the
subdivision.
Bird: And we know we can't hold you to it, but if you would we'd appreciate it.
Butler: I'd appreciate that, too.
Corrie: Any other questions?
Bird: I have none.
Corrie: Alright. I'll entertain a motion on the request of Ada County Development
Services.
Bird: Mr. Mayor
Meridian City Council Meeting'
June 20, 2000
Page 65
Corrie: Mr. Bird.
Bird: I move that we give our approval to the Ada County Development Services
for the Preliminary Plat of Edinburgh Subdivision - 53 lots and 5 other lots on
17.76 acres by Steve Smith, one-half mile east of Eagle Road on McMillan Road.
Also, to include in that, comments of staff, as we have went through - Shari and
Gary's testimony to be included. Item NO.2 is the school which Jim Carbury,
representing the school district stated publicly here that they did not want a
school site. Eight was okay. The applicant said they would pay park-impact
fees. No. 10 - They will try to address our code in as much as they can to the 10
percent of open space and No. 11, they will pay the assessment fees on our
water and sewer when we determine them. And everything else was okay.
Corrie: Is there a second to the motion?
Anderson: I will second it.
Corrie: Motion made and seconded. Any further discussion? Mr. Berg, roll-call
vote.
Roll-call: deWeerd, naye; McCandless, aye; Anderson, aye; Bird, aye.
MOTION CARRIED: THREE AYES, ONE NAYE.
Item 11.
Special Request to Hook into Meridian Waste Water Treatment
Center's Sewer System by Karoly Foldesi:
Corrie: Item No. 19 is a special request to hook into Meridian Waste Water
Treatment Center Sewer System by Karoly Foldesi.
Foldesi: My name is Karoly Foldes!. I am a resident of 10950 North Ten Mile
Road which is a property backed into a Treatment Center Plant. I shop over
there to put our farm equipment and I want to put a septic in over there because
of all of the septic is too far to hook-up to get the line there. So I sold the piping
going over there. I called up John at the Treatment Plant and I said, "John,
what's going on? You guys are laying some sewer line over here." He said, "
Yes. You're going to go buy your lot - you know, your property line." I said,
"Okay, I would like to ask you a favor then. Maybe when we had the meeting
over here on expansion of the Treatment Plan to put under the Treatment Tank
or septic. City over there looks like." We sort of agree with it. I didn't really like it
at that time, but I agreed. I said that's okay but in the future if maybe you could
help us out, if I need it. This was the time and I asked him and he told me, "I
don't think it would be any problem for you to hook-up into the line because it
goes by property over there." That is only 120 feet from our shop. (inaudible) I
guess I talked to Gary Smith. I called him up because John suggested for me to
talk to him. At that time, Mr. Smith said "No. I don't think we can do it unless you
~.
Meridian City Council Meeting
June 20, 2000 .
Page 66
are annexed through the City. I said that I didn't want to do this one because I
still do farming and I have animals over there. So I don't think that I'm ready for
this one. I got sort of disappointed because I said that I go along with certain
things with the City. Now the City Line is right next to me. It's only a few feet
from me and I can't even use the service. I've paid for it just like anybody else,
so I don't see any reason why I cannot tap into it. He asked why I don't go
address the Council and send a letter. I appreciate the quickness because I
send this one just last week over here. I would really appreciate it if I don't have
to put a septic in. there and I think it would be much easier for us to keep it clean.
So that's what I'm asking.
Corrie: Okay. Council, questions?
Bird: I have none.
Corrie: Do you have a septic system now?
Foldesi: Yes. I have two of them but it's too far back to that house. There was
one old house that burned down previously. It does have an empty septic and
then our home is where we have the rest of our septic. It would be too far for me
to Non-word (sic) so I wanted to put the septic into the shop over there because
we have a milking barn over there and a shop. When I saw them now, I said
maybe this would be a good chance to just tap into it. It's approximately 320 feet
back from the west would be where I actually would tap into the line.
Corrie: Council, questions? Gary?
Smith: Yes, sir.
Corrie: How would you rate that? How would you do a charge? It is just based
on water.
Smith: Yes. It would just have to be a single-family flat rate. That's the only
thing that we can do if we don't have a metered service to build a sewer service
off of, so we just charge a minimum - or less than a minimum, but it's a flat rate
based on 7500 gallons per month which is probably a lot more than Carl would
use, but that's what we've established is a policy for an unmetered (sic). The line
that he would be connecting to is 3D-inch diameter trunk line and until such time
as there would be flow from the white drain being generated and being dumped
into that line, there would be practically nothing in there. It could create a bit of a
cleaning problem for that big line because it won't flow very well with just your
connection to it. There will be a connection of - I don't think even the residential
unit that will house the manager for the storage system doesn't even connect to it
_ I don't believe. I think it connects to our existing main across the Creason
Lateral. It would be the only connection on that line for a length of time until it
developed east of Ten Mile Road. I hadn't thought of that when we talked on the
!
Meridian City Council Meeting
June 20, 2000 .
Page 67
phone, Carl, but that might get to be a cleaning problem. There would be an
odor build-up in there because the solids and so forth just wouldn't flow. There
isn't enough slope on that line to work and flow - any flow characteristics.
Foldesi: What you going to use this line for then, actually?
Smith: Well, someday it will continue on to the east. It will be a main collector for
sewage all the Iway to Locust Grove, so it's going to carry a lot of sewage
someday. In the, near future, there won't be anything in it.
Foldesi: Could you make a tap-out and then close them off? Then I could put in
a septic right now. And at the time when it comes - when you're going to be
efficient for it, then we could just hook into it.
Smith: Could do that. Sure. Just provide a stub off into the property so you
wouldn't have to dig it up. We could do that. Sure.
Foldesi: I guess I just have to put in a septic in - make them at a later date to put
a line out there.
Corrie: I would think that nothing else but yours in there would really be a
problem for you until we get the line -
Foldesi: Yes. But if you right now, put a tap hole in there and not to connect-
just to have - so we're ready a year or two from now or whatever.
Smith: Right. We could certainly stub a service tab off of it into your property
line and cap it off. That wouldn't be a problem at all.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Gary, is he contiguous to the City right now?
Smith: I believe so. Yes.
Bird: He is.
Smith: His south boundary is contiguous to the north boundary of the Bews Mini-
Storage.
Bird: Does his property flow - the natural of his property back to Ten Mile or
does it go back to the Five Mile?
Meridian City Council Meeting.
June 20,2000
Page 68
Smith: West. The reason why I said what J said to Carl is that the standard
operating policy that we've used in the past for connection of property outside the
city limits has been that connection agreement that was established by the City
Attorney. Some years ago, when we met with Carl concerning expansion of the
plant, we didn't have that provision that we were using then. At that time, we had
a double-connection fee that we were assessing outside city limit users but we
didn't have the ,annexation issue. So that's why it didn't come up at the time.
Carl and his wife were very supportive of out proposed additions at the Waste
Water Plant. At that time, we were operating under a Conditional Use Permit
with Ada County and they were requiring us to come in every time we added an
element out there. They agreed that our Conditional Use Permit was for a
Treatment Facility - not for individual elements of the treatment facility and they
left us alone after that up to that point. We had to go down there every we added
on.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: If you decide to allow a stub to this trunk line, you need to also make a
statement as to whether - at the time the future connection is made, however
many years down the road that may be - whether you're going to require
annexation at that time or not. I don't want - there's the physical engineering
side of hooking into the line and whether that's practical. There's the legal issue
of whether you require annexation at such time as that connection is used. It
would be unfair to Mr. Foldesi if he left here thinking that he could get a stub, and
then at some later date, when there's enough flow going through there, he simply
comes to you and gets permission to connect without having to annex - unless
that's what your decision is. I don't want to leave that unsaid.
Corrie: Well, after hearing all of that, Carl, what do you think you want to do?
Foldesi: I think it's easier to make a tap right now over there for the future. I'm
pretty sure sooner or later, we're going to be forced to go into the City. Although,
I really didn't want it yet. I'm happy the way I am. I'm pretty sure maybe in a
year down, there will be things going over here. I think it's for practical purposes
- I think for the future - I think it would be. If you're going to have to annex,
maybe we going to think about doing something on our land, too. We have over
there almost twenty acres. I think it would be a wise decision.
Corrie: So then, we'll just - with the understanding if we do a stub into that
property, that it will be under the ordinances that we have now of annexation, so
you'll know that. You might be just coming in to stub in, and whenever there's a
flow like the attorney said. So you're saying to us that you'll go ahead and use
the septic system now and then you'll hook in later, after there is a flow. Like the
attorney said, it's for your protection that you know that.
Meridian City Council Meeting
June 20, 2000
Page 69
Foldesi: There's no other choice, I guess. But like I said, in the future I think it
would be good regardless where it's going to be. It's just in the right position and
the right place and there's par enough in there - whichever it's going to be in the
future in this land development or whatever. It's just right in the center part.
Corrie: Okay. Technically speaking, we wouldn't really have to give you - your
request is not for now.
i
Foldesi: What Gary says is that it's safe. We've got a problem with the smell
and the odor. Do you know what I mean? This has cost me extra money now
that -
Corrie: I think in the long run, you'd rather do that than have the smell.
Foldesi: So, are you going to make a tap over there?
Smith: Yes. We'll just-
Foldesi: At night, I could go over there and open them up and hook them up,
huh?
Smith: We'll just coordinate a place. You let us know where you want it and we
can do that.
Foldesi: Thank you very much.
Corrie: Thank you.
Item 20.
Water I Sewer I Trash Delinquencies:
Corrie: Okay. Next is the Water/SewerlTrash Delinquencies - Turn off
scheduled for June 21, 2000. This is to inform you in writing, if you choose to,
you have the right to a predetermined hearing at 7:30 p.m., Tuesday, June 20,
2000 before the Mayor and City Council to appear in person to be judged on the
facts and defend the claim made by the City that your WaterlSewerlTrash bill is
delinquent. I may retain Council that the service will be discontinued on June 21,
2000 unless payment is received in full. Is there anyone present who wishes to
contest their Water/SewerlTrash delinquencies? Everybody informed, they will
appeal to have the decision of the City to reviewed by the 4th judicial court
pursuant to Idaho State Code. Even though they appeal, there water will be shut
off. Now the turn off list is 25,452.96. I entertain a motion on the delinquency
turn off schedule.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meetind
June 20, 2000 ...
Page 70
Bird: I move that we approve the delinquency turn-off schedule for June 21,
2000 for the amount of $25,452.96.
McCandless: Second.
Corrie: Motion made and seconded to approve the turn-off list Any further
discussion? All those in favor of the motion say aye.
,
MOTION CARRIED: ALL AYES.
21. Department Reports:
B. Fire Department - Fire Chief Ken Bowers:
1. City of Meridian Demolition Agreement.
Corrie: The City Treasurer - we've had. The Fire Department Chief Bowers,
thank you for staying up late.
Bowers: Thank you. Mayor Corrie and City Council members, you've had to
make some tough decisions tonight, so I hope this is a little easier for you. But
anyhow, I got - I was told to get some bids on demo and the house at 26 East
Broadway - the house behind the fire station. We've received three written bids
and one phone call bid. The high is $4,500. The low was $2,032. At that time,
with my bid - of the low bid, I got in touch with Bill Nichols so that we could come
up with an agreement for the City of Meridian and Hansco Excavation. I don't
know if this is the first one we've ever had to do or not, but they'll spend a little
time of going through and working on it. The representative from Hansco
Excavation came in yesterday and looked at the agreement, signed it on the
back that he approved the agreement also. He didn't have any problems. I
would recommend that the City Council allow Mayor Corrie to sign it with Will
Berg, City Clerk. Are there any questions from you guys?
Bird: I have none.
Corrie: Hearing none. Mr. Anderson.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson. I would make a motion that we would approve the
demolition contract for the house located at 26 East Broadway in the amount of
$2,032 and authorize the mayor to sign and the clerk to attest.
Bird: Second.
Mayor: Motion made and seconded to have Hansco Excavating, Inc. to do the
excavation have a license agreement in the amount of $2,032 and for me to sign
Meridian City Council Meeting\
June 20, 2000 .
Page 71
and the clerk to attest. Any further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
Bowers: Thank you. He'll start Monday tearing her down. Do you have the
original? Bill or-
\
Bird: The clerk should,
c. Parks and Recreation Department - Tom Kuntz
1. 2000 Capital Outlay for Storey Park Irrigation System:
Corrie: Okay. Parks and Recreation Department - Tom Kuntz. Tom had
request in about the carry-over for the Sawyer Park Irrigation System and also
about using the Plaza money and adding it to his budge. Any comments,
Tammy?
DeWeerd: I would hope to get feedback from you on his memo for the capitol
outlay for the irrigation system and answer to his question of the $80,000. Is it
Council's wish to have him reappropriate that to other non-funded such as design
of Bear Creek, design of Chateau and the begin of design for the 56 acres - or I
think he had a couple of other ideas in mind, but no one asked him, so I don't
know what your direction is on that - or just to ask him to carry forward that
$80,000.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Tammy, are you talking about the $80,000 that was for the construction of
the Generation Plaza too?
DeWeerd: This is on an irrigation system that needs to be carried over until next
budget as well as adding to it.
Bird: When he left here, he couldn't find any - and he told me that he would just
go ahead and carry that on if we can. He plans on spending some of it. The
problem is that he can't start that project until almost Fall. He thinks that he will
probably be in - have a month or so of it in - that he will be taking some of that
and then just carrying over the rest of it.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
\
Meridian City Council Meeting'
June 20, 2000 .
Page 72
Anderson: I talked to Tom a little bit at the break, too. I told him that I thought
this particular request was a little bit premature. Basically he is wanting us to
guarantee at this point that he'll get $150,000 in his budget for an irrigation
system. Until we look at all the department's budgets, it would be presumptive
for me to say, "Yes, we will give you this." I don't have any problem with him
spending the 80 or $78,000 that's still left in his budget, but at this point, until we
hear the budget proposals, I don't feel comfortable guaranteeing him that he'd
get his money in'. next year's budget. He indicated that he was comfortable with
that and that he could wait until after the budget workshops until we could see
where we were at. The main thing he wanted to get was the Generation Plaza.
We've got to get on that so we can get Noel going down - getting him scheduled
to get those things put up.
DeWeerd: So we can delay this until after budget considerations. The
Generations Plaza one though, needs timely action on it. This was non-
budgeted amount. I believe that Tom talked to Council about this expense
originally and it did go above what they had anticipated, but he's hoping that
Council will still approve it. He can take out of Generation Plaza's budget, but it
is not budgeted. The amount that's set out this year was just for construction. It
did not take this into account, because it wasn't a factor at the time. He can take
it out of this year's budget as long as we can assure him that it will be
reappropriated in the next budget year. It's a -
Corrie: Well, he's got to come up $17,150 dollars short for next year. We've got
to consider that in the budget, too.
Anderson: So this isn't going to come out of this year's budget?
Corrie: It can.
DeWeerd: It can and it's budgeted, but because of what Benoit is doing, it's
delayed construction of Phase Two of Generations Plaza. That money will need
to be carried forward, so he can take it out of that carried-forward money. Unless
it's actually reappropriated, he won't have enough for construction - then of
Generations Plaza.
Anderson: Everybody else has the additional $78,000 that he's not using on the
irrigation system.
DeWeerd: Maybe. He can use that, but again, he would rather carry it forward if
it's going to be an issue of getting the money that he needs to do that irrigation
system because that is their number one priority.
Corrie: I guess what he's looking for is whether you want him to spend $17,150
now on this budget. He's still going to have to come back to you for that amount
later.
Meridian City Council Meeting'
June 20, 2000
Page 73
Anderson: And the timing on these things was that they had to be ordered now.
Bird: Yes. They've got a window - and we've already in about two weeks. Noel
Lever is a very tied up person. Unless you want to wait until - long time to
getting that wrong, but it takes about 8 weeks.
*** End of Side 5 ***
\
Bird: But really, without having - we don't have a final - In the first place, I don't
think we've got a firm bid on Storey Park Irrigation. I know we don't have a firm
bid on Generations Plaza because in second phase, we don't know what we're
going to do.
DeWeerd: We do have a plan. You saw that plan from Benoit.
Bird: That was - I didn't know it had been approved by anybody. It's a
conceptual drawing as I understood. But anyway, you know what the cost is.
Corrie: I guess the question here is if you wanted to go ahead and do the
classing dance - so you'll be thinking that it's empty -- $1,150 out of his budget.
Keith: I've got one other thing. Council, if you would - actually, two, Mayor. The
Meridian City Development Committee which was formed, and that isn't the
official name, this is going to be like CCDC and the Nampa Urban Renewal
Committee to try to get something going downtown here. We'd like, and I believe
we've got the money, and the administration part would like a $15,000 seed
money. Not that they would use it, but we have an opportunity to bring a couple
people that have already, in towns our size, already went down this road. We'd
like it if it's possible and if the Council sees fit that we'd like $15,000 seed money
out of the Administration's budget which I think we've got. I would make that a
motion if I could get a second.
DeWeerd: Without any information other than what you just said?
Bird: It's the Committee that - what information do you want know, Tammy? We
don't know what we're going to do with it. They just need some money to come
up and do with it. It'll be all accounted for. It's public money.
Corrie: I think they're going to need some coming in, and they need to at least
have something to get started on.
Bird: It's just, you know-
Corrie: If they don't need it they won't use it.
/"
Meridian City Council Meeting! ..
June 20, 2000 . .
Page 74
Bird: We can come back every month and ask for five dollars here and five
dollars there. We felt that if we just got an up-front, we'd just do it that way.
DeWeerd: Okay.
Bird; What do you want to do?
Corrie: Let's get\a second and then we can discuss it some more.
Bird: I'll make a motion that we do that for the $15,000.
Anderson: I'll second it.
Corrie: Now we can have discussion. Any other discussion? Question has been
called for in the amount of $15,000 from the Administration Fund. Motion is
$15,000. All those in favor ofthe motion say aye.
MOTION CARRIED: ALL AYES
Bird: Mr. Mayor, you'll take care of that for us?
Bird: Yeah, I'll take care of it. I've got one other thing, Mayor. We have went
about six weeks with the shortage on our Parks and Recreation Board. Could
you and the board get that resolved for the next - so we can have it at the next
board meeting?
Corrie: Yes.
Bird: Would you bring us some people forward? Then tomorrow night, for our
workshop, Mr. Skinner is going to come in and explain some things on the Police
Station to us. Also, we need to look at the Financial Director - get that going.
Gary wants to discuss an item that he gave us tonight. Don't you want to do that
tomorrow night, Gary? Also, we need to talk to Gary about getting our truck light
fee up and running by August. I want that ordinance going. Also, we want to talk
about bringing your ideas for the Fiscal Director - Financial Officer ordinance.
Let's get going on it.
Anderson: What was the original purpose (inaudible)?
Bird: That was going to be - and they couldn't - either one - Terry or - couldn't
be here. You're going to be here, aren't you, Ron?
Anderson: That's questionable. I have another meeting tomorrow night.
McCandless: Well, who is more important?
Meridian City Council Meeting:.
June 20, 2000 .
Page 75
Bird: And Mayor, if you don't have anymore, I'll move that we adjourn.
McCandless: Second.
Corrie: Motion made and seconded. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
\
MEETING ADJOURNED 11:55 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTESTED:
RESOLUTION NO 326
BY: ;:e/li~ /JlrL
(Jj-?1 {!Ou-nd:.L~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND QUEENLAND ACRES, INC. AND
BEAR CREEK, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with QUEENLAND ACRES, INC. AND BEAR CREEK,
L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, denoted as
"DEVELO~MENT AGREEMENT", a copy of which is attached hereto marked
as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCILas follows:
1. The Mayor and Clerk are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with QUEENLAND
ACRES, INC. AND BEAR CREEK, L.L.C., AN IDAHO LIMITED LIABILITY
COMPANY, entitled "DEVELOPMENT AGREEMENT", by and between the
City of Meridian and QUEENLAND ACRES, INC. AND BEAR CREEK, L.L.C.,
AN IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
Resolution / AZ-99-Q 10
.,., -ft...
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this LO-
day of ..;;r IN-YJ?- , 2000. -
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
20f!::: day of J ~ , 2000.
ATTEST:
*P~!A~-
ITY CLERI( (/
MSG/Z:\ W ork\M\Meridian I 5360M\Bear Creek\RESOLUTION
Resolution / AZ-99-0 1 0
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
1, the undersigned, do hereby certify:
1. That J am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the 2011:: day of
J~ ,2000, the following action has been taken and
authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
.MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A1'J
AGREE1vlENT ENTITLED "DEVELOP:NIENT AGREE:NIENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND QUEENLAND ACRES, INC AND
. BEAR CREEK, 1.1.C, AN IDAHO LIMITED LIABILITY COMPANY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement 'With QUEENLAND ACRES, INC AND BEAR CREEK, 1.1.C, AN
IDAHO LIMITED LIABILITY COMPANY, denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this
Resolution, the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL :as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN
AZ-99-010
1
of the City of Meridian that certain agreement with QUEENLAND ACRES, INC.
AND BEAR CREEK, L.L.C, At'J IDAHO LHvIITED LIABILITY COMPAtW,
entitled "DEVELOPlvlENT AGREEMENT", by and between the City of lvleridian
and QUEENLAND ACRES, INC AND BEAR CREEK, L.L.C, At'J IDAHO
LIMITED LIABILITY COMPANY, a copy of which is attached hereto marked as
Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
0) :::
-"Y. 0'"
;. Vo. ,,<.?> 0 2
~"'10 ?sr 15\ ' ~;-
-;.. -; ~~ :-,:-'
STATE OF IDAHO, ////;. ~OUN""''l . ~ ..."",
1,),/ '\\\\
.J-9S:'nl HI~\\\
County of Ada, )
.....-r-
t:: On t0is ,1Ot.!;. ~ay of ---=JLCf\.L , in the year 2000, before me,
~DV\e{~~ e. &~6t-mz.JU , a Notary Public, appeared WILLIAM G. BERG,
JR, known or identified to me to be the City Clerk of the City of Meridian, Idaho
that e,xecuted the said instrument, and acknowledged to me that he executed the
same on behalf of the City of Meridian.
._PII_..
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... OFIP ...
-.a..n.
MsglZ:\ W ork\M\Meridian 15360tv!\Bear Creek\CertifClerkRes
CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN
AZ-99-0 I 0
2
~
J U N 2 0 2000
DELINQUENCY FOR TURN
OFF SCHEDULED FOR 06/21/00
MAYOR: This is to inform you in writing, if you choose
to, you have the right to a predetermination hearing at 7:30
P.M. Tuesday, June 20,2000, before the Mayor and City
Council to appear in person to be judged on the facts and to
defend the claim made by this City that your water, sewer
and trash bill is delinquent. You may retain counsel. This
service will be discontinued on June 21, 2000, unless
payment is received in full. Is there anyone present who
wishes to contest his or her water, sewer and trash
delinquency?
(No response.)
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the turn-off list is $25,452.96.
( (
CITY OF MERIDIAN Delinquent Account List. council Page: 1
Standard Payment Customers Jun 20,2000 08:38am
Current Period; 06/30/2000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No = 3300101-7501201
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2000 03/31/2000 02/29/2000 Date Amount Msg
33.0328.1 AA ENTERPRISES INC 73.05 30.56 24.08 18.41 03/10/2000 6.48-
34.2730.1 ALVEREZ, ROSALlO 98.40 38.06 30.37 27.91 2.04 05/10/2000 30.00 - none
51.0050.1 AMYX FAMILY LIMITED 558.31 558.31 none
33.3572.1 ANDERSON, KATHY 101.79 38.08 63.71 05/03/2000 43.73 - none
51.2680.1 ANDON COMPANY 215.55 181.12 34.43 06/19/2000 181.12 - none
34.1160.1 APARICIO, STEVE & STACEY 132.30 91.53 40.77 04/25/2000 35.57 - none
69.1620.1 BACHMAN, MICHAEL L. 133.99 74.91 59.08 04/13/2000 90.91 - none
51.0694.1 BAILEY, PEGGY 64.96 27.91 29.14 7.91 05/08/2000 20.00 - none
74.2676.1 BAIRD. KAREN LEE 104.54 72.45 32.09 OS/23/2000 40.00 - none
69.0590.1 BAPTISTE, MONTGOMERY 233.79 85.17 83.94 64.68 05/08/2000 52.55 - none
33.1862.1 BARKER, JOHN 127.83 64.08 63.75 05/05/2000 130.46 - none
50.4024.1 BARNHART, ROBERT 144.04 107.24 36.60 04/10/2000 31.74 - none
68.0256.2 BASURA, JOSEPH. 109.08 43.14 34.20 31.74 03/21/2000 27.91 -
42.3068.1 BAUDER. KEN 59.58 40.38 19.20 06/12/2000 35.00 - none
68.0282.1 BAUMAN, REGINA 57.10 31.79 25.31 04/19/2000 24.08 - none
74.3172.1 BENDER, ERIC & TREASA 121.20 32.67 38.82 49.71 04103/2000 152.00 - none
46.0834.1 BENNETT, GREG 99.85 41.47 32.53 25.85 05/0912000 24.00 - none
46.0836.1 BENNETT, GREG 114.97 46.69 30.37 37.91 05/09/2000 41.39 - none
74.2724.1 BISHOP. CALVIN 285.95 100.38 105.46 80.00 .11 0411 2/2000 135.00 - none
33.2600.1 BLACKHURST,SCOTT 63.25 35.48 27.77 04/10/2000 79.90. none
33.4154.2 BOBKO.RAYMOND 117.43 102.60 14.83
51 .0506.1 BOGGIS, CONNIE 57.67 26.71 27.94 3.02 06/02/2000 23.69 - none
74.3588.1 BRAINARD, ERIC 60.14 30.07 30.07 05/01/2000 56.59 - none
51.0706.2 BRANDT, LORELI 222.43 60.08 58.69 103.66 05/17/2000 40.00 -
34.0420.1 BRENEMAN,JEFFERY 174.69 103.55 35.57 35.57 05/12/2000 78.80 . none
33.1852.1 BUNDY, DOYLE 110.27 81.13 29.14 05/08/2000 55.47 - none
42.2460.1 BURTON, JACK 188.77 115.57 45.29 27.91 04/12/2000 63.48 . none
34.1100.1 CALLISTER, BROCK 101.18 33.02 34.08 34.08 05/10/2000 27.91 . none
55.1002.1 CAMPBELL HEALTH CARE INV L' 684.22 322.96 361.26 04/21/2000 87.48 -
55.1000.1 CAMPBELL HEALTH CARE INV L' 216.96 108.48 108.48 04/21/2000 87.48 -
74.3140.1 CAMPBELL, WAYNE 24.86 .78 24.08 04/25/2000 24.08 - none
34.1808.2 CARPENTER,DOUGLAS 92.06 55.42 36.64 04/12/2000 123.61 -
50.0354.1 CARSTENSEN, DENNIS 115.58 43.14 41.74 30.70 05/10/2000 30.00 - none
48.1610.1 CB FINANCIAL DEV. LLC. 1,870.86 554.73 580.42 388.92 346.79 04/04/2000 1.482.50 -
33.2620.1 CECil, ODETTE 185.22 67.35 57.02 60.85 05/17/2000 13.95 - none
42.2582.1 CHAPMAN, LORRI 130.86 94.50 36.36 OS/24/2000 30.21 - none
74.2532.2 CHILTON, BRYAN 117.47 58.78 58.69 05/10/2000 72.00 -
69.0302.1 CLASSIC HOMES 48.16 24.08 24.08 04/26/2000 24.08 - none
51.0874.1 COLE, ORVILLE 49.45 26.57 22.88 04/17/2000 22.88 - none
74.3304.2 COMPARATO,BRYAN 75.69 31.44 32.67 11.58 OS/23/2000 32.67 -
74.3816.1 CORDELL. TODD 120.30 35.41 48.94 35.95 05/11/2000 40.00 - none
52.0170.1 CORYELL, EARL 43.44 24.08 19.36 03/27/2000 34.08 - none
33.3634.1 CRAWFORD, GREG 102.79 38.08 29.14 35.57 04/28/2000 24.08 - none
51 .0998.1 CULVER, WALTER 93.43 35.60 26.54 31.29 OS/23/2000 35.57 - none
50.1368.1 CULVER, WARN V. 101.65 45.63 31.77 24.25 12/09/1999 200.00 - none
50.3734.1 CZARNECKI, CHERYL 120.11 83.59 36.52 05/08/2000 55.82 - none
74.3536.1 DAILY. ROBERT 121.15 36.64 46.64 37.87 05/10/2000 37.87 - none
42.2388.2 DALY, BERT 108.21 76.35 31.86 05/17/2000 210.00 -
64.0002.1 DARRELL WILSON CONSTRUCT 125.23 125.23 none
68.0102.1 DEGREGORY CAPITAL CORP 54.64 30.56 24.08 05/19/2000 24.08 - none
46.5000.1 DEVELOPERS DIVERSIFIED 96.11 53.92 42.19 05/16/2000 12.96 -
n' in Msg column indicates no Notice is to be sent
( C
CITY OF MERIDIAN Delinquent Account List. council Page: 2
Standard Payment Customers Jun 20,2000 08:39am
Current Period: 06/30/2000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Last Pm! Last Pmt
Cust No Name Balance Non.Delinq 04/30/2000 03/31/2000 02129/2000 Date Amount Msg
33.2528.1 DILlUO, THOMAS 105.11 41.77 31.60 31.74 04106/2000 55.82 - none
51.3930.3 DMK INVESTMENTS l.l.C. 120.66 34.34 39.26 47.06 0310812000 24.08 -
42.1200.1 DOOLEY. DAVID & LESLIE 110.64 48.99 31.44 30.21 05f0812000 34.04 . none
74.1062.1 DOTY, PAULINE & RON \. 85.19 27.94 26.71 30.54 05109/2000 26.71 - none
51.4320.1 DOUBLE-D SERVICE CENTER 1,456.09 877.76 291.08 287.25 05f09/2000 275.76 . none
42.2618.1 DOUGLAS, LINDA 85.91 48.04 37.87 04128/2000 41.70. none
51.0698.2 DUEROCK, WALTER 75.93 24.08 27.77 24.08 04110/2000 23.25-
42.2598.2 EASTBURN,GARY 211.31 92.07 62.22 57.02 0510812000 53.19.
74.3370.1 ECHIPARE, DOMINADOR 124.84 46.64 40.33 37.87 0511712000 43.40 - none
48.1860.1 ECONO LUBE & TUNE INC.. SCH 170.56 133.07 37.49 0212312000 123.41 - none
34.1898.1 EDINGER. REX S. 158.36 60.08 26.54 24.08 47.66 05111/2000 60.00 - none
51.1324.1 ELKHORN ENTERPRISES INC 317.97 105.99 105.99 105.99
34.0592.1 ELLIS. TODD & DANA 217.03 125.86 81.41 9.76 05/31/2000 40.00. none
46.5076.1 EM CONSTRUCTION 1,175.50 335.30 840.20 05/16/2000 415.85.
34.0504.1 ERICKSON. RONALD 133.00 74.84 24.08 34.08 03/15/2000 82.24 . none
74.2688.1 EVANS, STEVEN & KRISITE 96.80 39.12 34.20 23.48 05/09/2000 40.00 - none
74.3614.1 FACKRELL, THOMAS 99.24 32.67 36.36 30.21 05/09/2000 34.04 - none
34.1806.1 FAULKNER, FREDA 137.49 89.74 47.75 05/04/2000 121.39 - none
52.0250.1 FIRST SECURITY BANK 34.86 8.94 6.48 6,48 12.96 01120/2000 6.48 - none
74.0406.1 FISHER, CASEY L 72.09 40.35 31.74 05/0112000 63.48 - none
51 .3990.1 FISHER, DANNY W 82.24 24.08 24.08 34.08 05109/2000 24.08 - none
74.0350.1 FRANK, GARY E 120.80 40.77 44.46 35.57 04105/2000 94.12 - none
50.3754.1 FRENCH, LAWRENCE 131.69 85.91 27.77 18.01 02104/2000 190.00 - none
69.1102.1 FULLER, NORM 52.73 27.77 24.96 10/25/1999 221.80 - none
74.1316.1 FULLER, NORMAN 123.12 13.68 13.68 13.68 82.08 10/19/1999 122.07 - none
42.1138.2 GARDNER,BRENDON 139.79 54.19 51.56 34.04 0411212000 79.57 -
34.0780.1 GAVIN, THEODORE 169.40 69.53 50.75 49.12 05/05/2000 55.00 - none
69.1703.1 GLENCO INC. 199.24 88.67 40.50 70.07 09/24/1999 554.95 - none
33.0332.1 GLENN JOHNSON HOMES 78.72 30.56 24.08 24.08 05/1612000 26.19 - none
35.0140.1 GLENN JOHNSON HOMES 43.31 30.56 6.48 6.27
35.0024.1 GLENN JOHNSON HOMES 57.60 30.56 20.56 6.48 05/16/2000 6.48.
35.0139.1 GLENN JOHNSON HOMES 50.12 33.96 13.86 2.30
69.0376.1 GRAYSON, GARY 93.04 43.09 45.55 4.40 03/30/2000 74.16. none
34.0382.1 GRIMM, ROBERT & TERRY 117.48 75.82 41.66 05/05/2000 50.00 - none
50.0286.1 HACKNEY, ANTHONY 82.41 34.25 24.08 24.08 03129/2000 51.99 - none
34.3286.1 HALE, DEBBIE 35.20 17.60 17.60 05/0212000 280.84 - none
74.2582.1 HALE, RICK 80.71 34.99 36.22 9.50 03/14/2000 93.23 . none
51.0290.1 HALL, ROBERT 38.03 13.95 24.08 04/20/2000 24.08 . none
74.1052.2 HAMILTON, JACQUELYN 60.62 24.08 36.54 04/13/2000 79.46 -
42.3732.1 HANDLEY, JEREMY 129.23 79.23 48.15 1.85 05/11/2000 80.78. none
50.2416.1 HANSEN, KORY 111.07 66.77 44.30 06/1212000 45.53 . none
51.0518.3 HARRELL, BRIAN 368.22 149.60 122.54 96.08 05/10/2000 100.00 -
42.1820.1 HARRINGTON-BLACK, JODY 96.37 36.69 30.21 29.47 05/04/2000 52.25 - none
42.1988.1 HARRISON, MICHAEL 171.10 128.15 42.95 04/26/2000 27.91 - none
74.3528.1 HART, SHAWN 91.73 37.87 53.86 04/20/2000 41.70 - none
65.0276.1 HARTZ/MARTINDALE, SAM 78.72 30.56 24.08 24.08 03/29/2000 48.16 - none
34.2910.1 HEINTZELMAN, AARON 93.65 48.20 45.45 04/26/2000 62.00 - none
34.1542.1 HENRY, BRAD 55.25 41.91 13.34 05/16/2000 50.00 - none
33.2748.1 HODGES, ROCHELLE 54.64 30.56 24.08 OS/2312000 24.08 - none
74.1226.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
74.1210.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
74.1214.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
74.1222.1 HOPE ARMS APARTMENTS 469.91 241.71 206.04 22.16 05101/2000 140.29 - none
74.1238.1 HOPE ARMS APARTMENTS 148.03 77.92 70.11 05/01/2000 79.01 . none
74.1234.1 HOPE ARMS APARTMENTS 139.56 67.52 67.52 4.52 05/0112000 67.52 - none
... in Msg column indicates no Notice is to be sent
( /
(
CITY OF MERIDIAN Delinquent Account Lisl- council Page: 3
Standard Payment Customers Jun 20,2000 08:39am
Current Period: 06/30/2000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Last Pmt Last Pml
Cust No Name Balance Non-Delinq 04/30/2000 03/31/2000 02129/2000 Date Amount Msg
74.1218.1 HOPE ARMS APARTMENTS 212.48 67.52 67.52 67.52 9.92 05/01/2000 67.52 - none
74.1178.1 HOPE ARMS APARTMENTS 178.00 77.78 82.70 17.52 05/01/2000 71.35 - none
74.1146.1 HOPE ARMS APARTMENTS 2,459.61 687.52 705.52 687.52 379.05 05/01/2000 67.52 - none
74.1150.1 HOPE ARMS APARTMENTS 129.16 67.52 61.64 05/01/2000 67.52 - none
74.1158.1 HOPE ARMS APARTMENTS 287.24 171.54 115.70 05101/2000 79.01 . none
74.1162.1 HOPE ARMS APARTMENTS 317.94 186.86 131.08 05/01/2000 86.67 . none
74.1166.1 HOPE ARMS APARTMENTS 126.56 72.72 53.84 05/01/2000 71.35 - none
74.1154.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52. none
74.1174.1 HOPE ARMS APARTMENTS 252.67 128.94 123.73 05101/2000 124.97 - none
74.1206.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52. none
74.1182.1 HOPE ARMS APARTMENTS 17901 88.04 90.97 05/01/2000 79.01 - none
74.1186.1 HOPE ARMS APARTMENTS 189.96 113.03 76.93 05/01/2000 67.52 - none
74.1190.1 HOPE ARMS APARTMENTS 238.77 136.82 101.95 05/0112000 75.18 - none
74.1198.1 HOPE ARMS APARTMENTS 300.56 140.71 146.86 12.99 05/01/2000 132.63. none
74.1202.1 HOPE ARMS APARTMENTS 276.78 80.52 89.13 90.50 16.63 05/01/2000 90.50. none
74.1170.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
50.0226.1 HOWELL, JAMES 233.34 95.03 71.00 67.31 03/10/2000 217.39 - none
33.2652.1 HOWELL, KATHLEEN 138.90 55.44 37.89 45.57 05/08/2000 21.74 - none
34.2782.1 HULSE, TIM 95.12 54.49 40.63 05/09/2000 78.80 - none
65.0460.1 HUMPHREY, KELLY 70.63 42.86 27.77 04/1212000 93.73 - none
50.1606.1 INTEGRITY LLC 133.88 85.72 48.16 06/08/2000 48.16 - none
50.1486.1 INTERMOUNTAIN RENTAL 277.54 121.59 83.72 72.23 03/29/2000 72.23 - none
50.1018.1 JACOBS, JOHN 116.63 65.41 51.22 04/13/2000 40.96 - none
65.0464.1 JARVIS, DANIEL 115.64 64.75 50.89 04/20/2000 97.95 - none
51.3082.1 JOHNSON PROPERTY MGMNT 111.72 29.86 34.70 23.08 24.08 04/19/2000 26.08 - none
42.3060.1 JOHNSON, MATHEW 94.58 36.55 27.61 30.42 05/11/2000 40.00 - none
50.2354.1 JONES, LARA 114.42 42.05 36.80 35.57 05/10/2000 35.57 - none
34.0812.1 KAUTZ, KARL & LORRAINE 139.68 98.91 40.77 04/20/2000 41.46 - none
50.2116.1 KIRKMAN, T.R. & JAMIE 82.41 33.02 25.31 24.08 03/23/2000 24.08 - none
34.0452.1 KLUM, ALLAN 245.03 245.03 none
74.0670.3 KNOLL, HARVEY 143.75 38.89 31.07 24.08 49.71
51.0766.1 KURDY, PATRICK 122.51 72.23 50.28 04/12/2000 205.54 - none
50.0676.1 LACASA LAVILLA 1,186.27 490.88 695.39 04/11/2000 444.24 - none
74.0426.1 LACY, GLORIA 64.15 36.38 27.77 04/25/2000 24.08 - none
50.1750.1 LACY, MEL 107.70 62.01 45.69 05/03/2000 42.80 - none
33.0108.1 LARSON, TIMOTHY 55.99 5599 05/19/2000 25.00 - none
46.0108.1 LAWRENCE, WENDELL & KATHL 83.09 40.40 32.69 10.00 03/1 712000 121.92 . none
46.0816.1 LEATHAM, JARED 135.13 51.89 51.56 31.68 03/24/2000 110.00 - none
42.4046.1 LEMA, ADAM M. 68.17 42.86 25.31 04/13/2000 81.67 . none
50.0600.1 LESLIE CONSTRUCTION 75.79 40.40 24.08 11.31 04/13/2000 16.88 -
72.0208.1 LEWIS, PHILLIP 49.89 38.82 11.07 04/14/2000 59.19 - none
33.2278.1 LEWIS, RIK & CAROL 77.17 58.20 18.97 06/19/2000 65.00 - none
34.1754.1 LIEBERMAN, DAVID 232.59 112.33 57.88 62.38 04/03/2000 163.06 - none
50,2130.1 LIKES, JENNIFER 98.01 35.76 30,51 31.74 05/09/2000 31.74 - none
42,2520.1 LOCKYER, JEFFERY 121.66 64.17 44.16 13.33 05/10/2000 40.00 - none
34,0814.1 LONGWORTH, ERIC 171.55 119.15 52.40 05/09/2000 128.59 - none
74.2840.1 MACHO, CRAIG & TAMMY 115.86 51.96 56,88 7.02 06/06/2000 50.00 - none
72.0190.1 MADISON, WILLIAM 94.32 32.67 31.44 30.21 04/03/2000 26.38 - none
55.1101.1 MAGIC VIEW HOA 24.30 24,30
74,2642,1 MANWARING, MARK 135.08 61.38 42.93 30.77 04/13/2000 50.00 - none
42,2332.1 MARIN, JOSE 130.19 93.55 36.64 04/19/2000 75.97 - none
34.1472,1 MARKHAM. RON 72.30 35.62 36.68 04/12/2000 83.73 - none
50.2424.1 MARTS, DEBI 64.46 35.62 28.84 06/01/2000 27,91 - none
34.0994.1 MASON, DREW & VICKIE 108.73 77.60 29.14 1.99 05/18/2000 60.00 - none
42.2022.1 MAXFIELD, GERALD L. 107.88 70.32 37.56 06/09/2000 20.00 - none
... in Msg column indicates no Notice is to be senl
( (
~
CITY OF MERIDIAN Delinquent Account List- council Page: 4
Standard Payment Customers Jun 20.2000 08;39am
Current Period: 06/30/2000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Last Pmt Last Pm!
Cust No Name Balance Non-Delinq 04/30/2000 03/31/2000 0212912000 Date Amount Msg
46.051 2.2 MCCLAIN, TROY 85.34 51.73 33.61 05103/2000 40.00 -
68.0098.1 MCGILVERY, BELINDA 160.96 71.55 51.54 37.87 05/10/2000 53.19 - none
33.2402.1 MCPHERSON, JO ANN 86.53 41.00 45.53 05/3012000 100.00 - none
74.2636.1 MEAD, CHRIS 84.39 51.42 32.97 OS/25/2000 31.74 - none
50.3726.1 MEATTE, NICKlE 151.60 75.40 40.63 35.57 05/0812000 35.57 - none
34.0968.2 MEHOLCHICK, VICKY 111.49 87.82 23.67 0610712000 75.00 -
33.2538.1 MENDOZA. GEORGE & ELlZABF 65.71 35.48 30.23 0510212000 47.81 - none
52.1100.1 MERIDIAN SPEEDWAY 449.62 254.34 192.60 2.68 0312412000 425.21 - none
50.3800.1 MEYERS, SHEILA 121.39 69.39 52.00 0411412000 139.69 - none
42.0374.2 MILLER, LARRY 147.76 82.22 31.46 34.08 03/1512000 88.93 -
64.4050.2 MITCHELL, RANDY 95.03 56.65 38.38 05/3112000 20.00 -
34.0904.2 MOLENAAR, DIANA 178.20 135.39 42.81 0510112000 14.75 -
34.1540.1 MONTEFERRANTE, MICHELLE 90.51 42.86 24.08 23.57 05109/2000 27.00 - none
46.0222.1 MOORE. KEVIN & LISA 136.89 50.66 46.80 39.40 .03 05108/2000 30.00 - none
42.1990.1 MOORE, LARRY 436.41 167.26 269.15 0411312000 326.00 - none
74.2496.1 MORRIS, ROCKY 146.15 56.46 44.16 45.53 05/1012000 38.10 - none
74.0026.1 MORTON, MERRILEE PARK 174.79 56.09 54.86 63.84 0511912000 30.00 - none
74.2666.1 MOSER, CAROLYN 84.88 50.31 34.57 05/19/2000 45.00 - none
34.1686.1 MURPHY, JACK 114.24 80.04 34.20 04/18/2000 63.48 - none
51.0482.1 MURRAY, SONDRA MURRAY 71.97 32.83 39.14 04/13/2000 83.73 - none
51.0450.1 MURRI'S ELECTRONICS 195.12 65.04 65.04 65.04 05/08/2000 65.04 - none
50.1328.1 MUSSELL, TIM 579.87 320.49 259.38 04/25/2000 255.55 - none
68.0086.1 NEITZEL, KENNETH & HEIDI 173.98 64.31 64.14 45.53 05/04/2000 45.53 - none
50.2150.1 NELSON, RYAN & JILL 190.42 116.94 41.74 31.74 0411212000 67.31 - none
51.4110.1 NESMITH, STEVEN 82.80 38.94 43.86 05/0112000 42.49 - none
69.0152.1 NIELSON, CRAIG 112.81 54.56 58.25 05/1212000 67.70 - none
51 .3430.1 OVERTON, DAVID C 53.69 37.75 15.94 05130/2000 50.00 - none
50.3898.1 OWEN, KEVIN 119.59 56.67 39.12 23.80 05/11/2000 40.00 - none
64.0040.1 PATRICK NOLAN 54.64 30.56 24.08 05/0212000 12.96 -
46.0240.1 PATTERSON. RYAN 260.97 260.97 0312212000 50.00 - none
34.0896.1 PERIN. LOA L 156.91 94.60 34.20 27.91 0311312000 106.71 - none
69.0214.1 PERRY, DAN & LORI 64.71 31.74 32.97 04128/2000 39.05 - none
74.2616.1 PETERSON, NOEL & MARTA 95.66 39.91 33.76 21.99 04/1212000 65.00 - none
42.3086.1 PLEW, KEVIN 96.70 56.51 40.19 05/17/2000 37.87 - none
50.2402.1 POWELL, RANDY 116.13 63.38 49.52 3.23 06/19/2000 40.00 - none
74.3518.1 PRINDLE & PRINDLE CONSTRUe 44.67 24.08 14.11 6.48 031Z0lZ000 2.68 -
50.1924.1 RB.R LLC. 59.24 32.86 26.38 0411012000 26.38 - none
68.0318.1 RAIL, JOHN 60.79 34.25 26.54 0411012000 24.08 - none
50.1380.1 RAYMOND, CHACE 69.04 37.76 31.28 0510112000 62.56 - none
33.4578.1 RHINEHART, DOUG & MARY 111.84 84.96 26.88 05119/2000 35.00 - none
42.2138.1 RICE, JAMES P. 194.49 109.71 84.78 04/20/2000 83.83 - none
42.1844.1 RIVERA, REGENA 149.51 58.97 46.50 44.04 05/1112000 75.74 - none
50.0256.1 ROBBINS, ELLEN 68, 73 39.45 29.28 04/20/2000 24.08 - none
51.3300.1 ROBERTS, DAVID 84.70 26.54 24.08 34.08 0311512000 82.24 . none
34.1982.1 RODRIGUEZ, RODGER 196.20 125.44 50.08 20.68 0511512000 80.00 . none
50.0072.1 ROE. JEROME W 73.11 49.01 24.08 .02 0411412000 90.00 . none
74.3090.1 ROGERS, WAYNE & SUSAN 88.23 z7.61 26.54 34.08 05/081Z000 Z4.08 - none
50.0148.1 RON SMITH CONSTRUCTION 47.04 30.56 10.00 6.48
50.0146.1 RON SMITH CONSTRUCTION 47.04 30.56 10.00 6.48
42.2404.1 ROSE. PHOEBE 118.09 55.30 34.06 28.73 05104/Z000 30.00 . none
74.2708.2 ROSS, EUGENE 508.77 390.76 57.16 60.85 051121z000 74.10 -
33.2616.1 SAILORS, GREG 84.98 52.03 32.95 0513112000 63.51 - none
69.0776.1 SANDMEYER, ERIC & DAWN 46.60 26.38 20.22 0411912000 89.14 - none
33.2324.2 SAUNDERS, KELLEY 95.11 50.80 44.31 0611212000 25.00 -
34.1078.2 SAVELBERG, DOYLE 62.94 37.94 25.00 05/1212000 25.62 -
... in Msg column indicates no Notice is to be sent
c ( ..
\
CITY OF MERIDIAN Delinquent Account List- council Page: 5
Standard Payment Customers Jun 20,2000 08:40am
Current Period: 06/30/2000
Delinquent Minimum of $ 10.00 compared 10 Delinquent Balance
Last Pmt Last Pml
Cust No Name Balance Non-Delinq 04/30/2000 03/31/2000 02/29/2000 Date Amount Msg
74.0382.1 SCHILDHAUER, YOLANDA 101.62 31.74 34.20 27.91 7.77 04/10/2000 50.00 - none
34.2122.1 SCHMIDT, GLEN 139.41 57.76 53.74 27.91 05/10/2000 29.64 - none
65.0662.1 SCHMIDT, JAMES 70.53 37.92 30.21 2.40 OS/24/2000 30.41 - none
74.3170.2 SCHNEIDERMAN. MATTHEW \ 82.90 26.38 31.30 25.22 05/0912000 30.00 -
42.3050.1 SCHOLZ, LESLIE 115.35 56.65 41.56 17.14 05/10/2000 50.00 - none
34.2144.1 SCHRANK, THOMAS A 209.62 121.92 87.70 05/31/2000 109.29 - none
69.2262.1 SEDILLO, JOE 173.16 66.74 59.36 47.06 05/10/2000 57.06. none
69.0962.1 SHADOW MOUNTAIN CONSTRU' 48.16 24.08 24.08 05/08/2000 19.78 -
74.2758.1 SHIELDS, JOHNNY 122.64 39.24 41.70 41.70 05/08/2000 37.87 - none
46.5002.1 SHOPKO STORES IN #169 2,181.94 1 ,352.61 829.33 04/28/2000 869.33 -
74.3096.1 SIGMOND, SERGIO 96.93 37.67 37.87 21.19 05/09/2000 50.00 - none
74.2824.1 SMITH, JEROMY 85.31 47.43 32.67 5.21 06/05/2000 8.49 - none
50.0012.1 SMITH, PAUL H. 167.98 64.89 48.57 54.52 05/10/2000 50.00 . none
33.0052.1 SNAKE RIVER FOODS 2,689.07 1,257.96 725.13 705.98 03/22/2000 705.98 - none
51.3202.1 SPENCER, BERTON R. 58.28 31.60 26.68 04/05/2000 59.65 - none
51.3280.1 STENSON. VIRGINIA 305.59 137.60 167.99 none
74.2844.1 STEWART, DANIEL 95.98 49.22 46.76 04104/2000 140.42 - none
65.0376.1 STOKES,RON 123.35 38.22 85.13 04/1112000 100.00 - none
51.4030.1 TATES RENTS 48.16 24.08 24.08 04/05/2000 48.16 - none
50.1020.1 TECOINVESTMENTS 122.77 51.89 46.80 24.08 05/08/2000 77.53 - none
33.0056.1 TEL-CAR INC. 312.26 211.94 100.32 05/10/2000 219.79 - none
34.0688.1 TEMPLIN. CLARISA 92.77 55.16 37.61 03/29/2000 102.43 - none
74.1114.1 THATCHER, TIMOTHY 129.55 40.63 41.86 47.06 05/08/2000 43.23 - none
74.3114.1 THOMAS, DANA 62.88 30.21 32.67 04128/2000 30.21 - none
34.1550.1 THOMPSON, HARRY 36.13 26.13 10.00 02/2212000 86.22 - none
46.0210.1 TODD, JEFF 110.78 44.07 32.67 34.04 05/1012000 30.21 - none
74.2520.1 TOLAND, DAVID 110.68 41.28 35.13 34.04 .23 03/14/2000 93.00 - none
40.0250.1 TOMICH, LONNY 107.19 43.14 31.74 32.31 05/05/2000 45.00 - none
34.0516.1 TOMORROWS HOPE SATELlTE 414.98 182.36 108.65 123.97 03/20/2000 97.16 - none
34.0953.1 TRACT HOMEOWNERS ASSOCII 396.90 361.26 35.64 12/01/1999 1.016.56 - none
51.0302.3 TWOMEY, MATTHEW 35.31 24.08 11.23
34.2104.1 TYLER, HEIDI 157.33 72.96 35.57 46.80 0511912000 40.00 . none
52.0263.1 UNDER THE ONION 115.02 38.88 76.14 12115/1999 330.64 . none
74.2876.1 USSERY, TRACY 178.72 60.85 60.85 57.02 05/10/2000 57.02 - none
74.2476.1 VALDEZ, BRIDGETTE 62.60 36.22 26.38 05/31/2000 39.91 - none
51.4010.1 VAN HOUTEN, ROBERT 114.16 74.08 40.08 05/01/2000 255.12 - none
42.0324.1 VINES, MARK 134.85 49.27 47.71 37.87 05/09/2000 37.87 - none
33.4518.1 WALBRIDGE. RAYMOND 78.01 50.24 27.77 05/01/2000 151.93 - none
34.0468.2 WALSH, RON 137.27 107.38 29.89
52.1076.1 WELLS FARGO BANK 173.12 86.56 86.56 04/18/2000 86.56 - none
69.2298.1 WESEMAN, DIANE 153.81 63.98 44.30 45.53 05/08/2000 41.70 - none
74.2638.1 WEST, LARRY 72.24 24.08 24.08 24.08 05/11/2000 26.38 - none
33.2392.1 WIDMAN, WENDY 181.11 135.00 46.11 04/24/2000 31.74 - none
34.2706.1 WIECHMANN, KURTIS & MIKYON 50.91 38.08 12.83 05/30/2000 20.00 - none
74.0356.1 WILSON, DEANA 107.38 46.92 50.77 9.69 05/17/2000 50.00 - none
33.3662.1 WILSON, RANDY 79.80 44.37 35.43 06101/2000 42.00 - none
34.1954.1 WINGATE, DIANE 137.03 63.89 35.27 37.87 05/12/2000 34.04 - none
69.0778.1 WOOD, BRADLEY 60.14 33.76 26.38 04/1212000 96.80 - none
33.2382.4 YAMAMOTO, KRISTINE 52.68 42.05 10.63
74.0372.1 YELTON, LAURA 106.66 38.03 39.26 29.37 04/28/2000 35.00 - none
50.3740.1 YOUNG, DARON 170.97 119.12 27.77 24.08 05/1212000 24.08 - none
50.4008.1 YOUNGBLOOD. JON 156.72 97.40 59.32 04/19/2000 229.27 - none
51.3320.1 ZIMMER. TIMOTHY P 74.70 26.54 24.08 24.08 03/15/2000 82.50 - none
33.3570.1 ZOELLER, KATHRYN 153.13 37.94 24.08 24.08 87.03 05/1012000 55.08 . none
on in Msg column indicates no Notice is 10 be sent
, ,
(
CITY OF MERIDIAN
Delinquent Account List- council
Standard Payment Customers
Current Period: 06/3012000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Page: 6
Jun 20,2000 08:40am
Cust No
Name
Balance
Non-Delinq
04/30/2000
03/31/2000
02129/2000
Last Pmt
Dale
Last Pmt
Amount
Msg
Grand Totals:
47.960.15
22,507.19
16,519.69
6,393.59
2,539.66
Report Criteria:
Terminated customers not included
Customer.Cust No = 3300101.7501201
... in Msg column indicates no Notice is to be sent
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RESOLUTION NO 327
BY:
!j:t:t/t.- ~tf-c0
O/-Iy &; trna6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND PROPERTIES WEST, INC., AN
IDAHO CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with PROPERTIES WEST, INC., AN IDAHO
CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons
and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with PROPERTIES
WEST, INC., AN IDAHO CORPORATION, entitled "DEVELOPMENT
AGREEMENT" 1 by and between the City of Meridian and PROPERTIES
WEST, INC., AN IDAHO CORPORATION, a copy of which is attached hereto
marked as Exhibit "An to this Resolution and to bind this City to its terms and
conditions,
RESOLUTION (AZ-OO~007)
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 201!!:.-
day of ...;; ~ , 2000. -
APgROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
20 .- day of J ~ , 2000.
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MAYOR
ATTEST:
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CITY CLERIC
RESOLUTION (AZ~00-007)
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
1, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duty incorporated City operating under the laws of the State of Idaho,
vvith its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the Zo'11:... day of
..Ji~ ,2000, the following action has been taken and
authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHAlF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND PROPERTIES WEST, INC., AN
IDAHO CORPORATION.
BE IT RESOLVED BY THE .MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interest of the City of Meridian to enter into an
agreement with PROPERTIES WEST, INC., AN IDAHO CORPORATION, denoted
as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE .MAYOR AND CITY
COUNCIL,. as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with PROPERTIES WEST, INC., AN
CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN
(AZ~OO-007)
- 1
IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT" dated the
20 -t:! day of Ji~ , 2000, by and between the City of Meridian and
PROPERTIES WEST, INC., AN IDAHO CORPORATION, a copy of which is
attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
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/\. " en this tot!:> daltof ~I"Q ) , in the year 2000, before me,
~lm~e, 1~rv17At./ ,a Notary Public, appeared WILLIAM G. BERG,
JR., kno or ide ified to me to be the City Clerk of the City of Meridian, Idaho
that executed the said instrument, and acknowledged to me that he executed the
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
(AZ-00-007)
-2
June 19, 2000
Department Report
MERIDIAN CITY COUNCIL MEETING
June 20, 2000
'11 - G -;;J-
APPLICANT Tom Kuntz
REQUEST Generations Plaza Historical Panels
ITEM NO.
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
rJ.V
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INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached memo from Tom Kuntz
Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN'PARKS & RECREATION
Memorandum
R1uV""'1ED Tj!i'f;\
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\
To: Mayor Robert Corrie and City Council
From: Tom Kuntz 1,l.(
Date: June 6~ 2000
Re: Generations Plaza Historical Panels
J U N - 6 2000
CITY OF MERIDIAN
Lilla Hill and Terry Smith have been working with Classic Design Studio in Boise over the
last several months to finalize the layout for the historical panels that are to be mounted on the
back wall of Generations Plaza.
The original estimate for the panels was approximately $9,500~ which was included in the
original 1999 construction budget. Those funds were not carried over into this year's budget.
The size of the panels and number of historical pictures has increased and many planning
hours have been invested by Lilla, Terry and Noel Weber of Classic Design Studio. The cost
of the project has also grown to $17,150 and funding was not included in this year's Parks
budget
Construction of Generations Plaza Phase II will be delayed until September due to the two
new buildings being constructed adjacent to the Plaza this summer.
I would recommend we fund the historical panels from this years Generations Plaza Capital
Line Item and re-budget the $17,150 along with the carryover in next year's budget.
I would appreciate the opportunity to have Lilla and Terry present a sample of the panels and
discuss funding at your next planning workshop.
From The Desk Of...
TOM KUNTZ
11 W Bower St.
Meridian, ill 83642
(208) 888-3579
. Page 1
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April 20, 1999
City of MeridIan
11 West Bower Street
Meridian, Id;:tho 83642
AWl; Tom Kuntz
Below is the "lJallpal'k" pricing you requested
to establish a budget ror lh~ Generation Display
Wall.
10 - J 2 Djfl'crcnt porcelain displays:
2 Color w Approx. $800.00 ea.
I Color - Approx. $650.00 ea.
Layout & Design work fur each display
Approx. $20000 to $300.00
Prices include installation. Allow 6 to 8 weeks 10
produce. Please ~~a!l with any questions. We look
forward 10 working with you on this project.
P.01
May 25, 2000
MERIDIAN GENERATIONS PLAZA
6 Large porcelain panels:
2 ea. at 28" x 39"
4 ea. at 30" x 39"
44 Photographs with description text
$15,900.00 pI. tax
$1 ,250.00 for installation
Approximately 8 weeks for completion.
Thank You! We are looking forward to this
project!
PHONE:
(2081336 · 2769
FAX:
(208) 344 . 8285
email:
dassic@micron.net
412 SOUTH SIXTH S1
BOISE, IDAHO .83702
June 15, 2000
Department Report
MERIDIAN CITY COUNCIL MEETING June 20, 2000
APPLICANT Fire Chief Ken Bowers
REQUEST City of Meridian Demolition Agreement
ITEM NO.
21-B-1
AGENCY
COMMENTS
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 HIGHW A Y DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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Cf/ p~v
Materials presented at public meetings shall become properiy of the Cily of Meridian.
interoffice
MEMORANDUM
To:
William G. Berg, Jr.
RECEIVED
JUN 1 6 2000
CITY OF MERIDIAN
From:
Subject:
City of Meridian Demolition Agreement
File No.:
3.3.17
Date:
June 14,2000
Will:
Please find attached an original of the CITY OF MERIDIAN
DEMOLITION AGREEMENT, along with an original Resolution and Certificate of
Clerk. Please place this matter on the upcoming City Council agenda for Tuesday,
June 20th, under Department Reports for Fire Chief Kenny Bowers.
If you have any questions please give me a call.
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CITY OF MERIDIAN DEMOLITION AGREEMENT
PARTIES: 1.
2.
City of Meridian
\ Hansco Excavating, Inc.
THIS DEMOLITION AGREEMENT (this "Agreement"), is made and
entered into this 2o~ day of June, 2000, by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho, hereafter called "CITY", and HANSCO
EXCAVATING, INC., hereinafter called "CONTRACTOR", whose address is 4601
N. Five Mile Road, Boise, ID 83713.
RECITALS:
A.
City owns a house located at 26 E. Broadway, Meridian.
B.
City desires to have the above-described building demolished and
removed from the property.
c.
Contractor is qualified and "villing to perform the demolition work
desired by City.
In consideration of the matters described above, and of the mutual
benefits and obligations set forth in this agreement, the parties agree as follows:
SECTION ONE
WORI< TO BE DONE:
1.1 Contractor will tear down and carry away all of the materials comprising
the above-described building down to the basement floor, including all
foundation and other walls. The premises shall be left clean and free
from debris. Contractor shall also dispose of all debris off-site in a lawful
manner, pay all disposal fees, supply dirt backfill, place and grade the
backfill material, and will cap the sewer line below grade. City will be
responsible for disconnection of utilities to be done by other
contractors/utili ti es.
DEMOLITION AGREEMENT - 1
SECTION TWO
lABOR AND EQUIPMENT:
2.1
Contractor "Will provide all labor and materials and furnish and erect, at
its mvn expense, whatever equipment or works may be necessary for the
expeditious and proper execution of their duties under and pursuant to
this agreement.
SECTION THREE.
OBTAINING PERMITS
3.1
Contractor "Will secure, at its own expense, all permits, licenses,
franchises, and consents required by law or necessary to perform the
work under this agreement and will give all notices and pay all fees and
othenvise comply "With all applicable city, county, and state laws,
ordinances, rules, and regulations pertaining to such work
SECTION FOUR.
TERMINATION FOR DEFAULT
4.1
Should contractor at any time refuse or neglect to supply a sufficient
number or amount of properly skilled workers, materials, or equipment,
or fail in any respect to prosecute the work with promptness and
diligence, or fail to perform any of the agreements of this agreement,
City may, at its election, terminate the employment of contractor,
giving notice to same in 1Nriting of such termination, and enter on the
premises and take possession, for the purpose of completing the work
included under this agreement, of all the materials, tools, and appliances
belonging to contractor, and to employ any other person or persons to
finish the work and to provide the materials for such work at the
expense of contractor.
SECTION FIVE.
INDEMNIFICATION OF CITY
5.1
Contractor "Will indemnify City against any and all suits or claims arising
out of contractor's performance of their duties under this agreement,
regardless of who makes the claim or whether it is based on the alleged
negligence of contractor. Contractor will defend all such actions at its
O'wn expense, including attorneys' fees, and "Will satisfy any judgment
rendered against City in any such action.
DEMOLITION AGREEMENT - 2
SECTION SIX.
LIABILITY INSURANCE
6.1 For the purposes of this Agreement, Contractor must maintain general
liability insurance with limits of at least $1,000,000.
SECTION SEVEN.
ASSIGNMENT OF RISK
7.1 Contractor will bear any and all risk of damage to or failure of the work
done under this agreement until such work has been completed and
accepted by City.
SECTION EIGHT.
PAYM:ENT TO CONTRACTOR
8.1 For contractor's satisfactory performance of their duties under this
agreement, City will pay contractor $2,032 upon satisfactory
completion of the contract.
8.2 In addition to the compensation specified in Paragraph 8.1 of this
section, all materials resulting from the demolition of the above~
described building are to become the property of contractor.
SECTION NINE.
NO WAIVER
9.1 The failure of either party to this agreement to insist upon the
performance of any of the terms and conditions of this agreement, or
the waiver of any breach of any of the terms and conditions of this
agreement, shall not be construed as thereafter waiving any such terms
and conditions, but these shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.
SECTION TEN.
GOVERNING LAW
10.1 It is agreed that this agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Idaho.
SECTION ELEVEN.
ATTORNEY FEES
11.1 In the event that any action is filed in relation to this agreement, the
unsuccessful party in the action shall pay to the successful party, in
DEMOLITION AGREEMENT - 3
addition to all the sums that either party may be called on to pay, a
reasonable sum for the successful party's attorneys! fees.
SECTION TWELVE.
ENTIRE AGREEMENT
12.1 This agreement shall constitute the entire agreement between the parties
and apy prior understanding or representation of any kind preceding the
date of this agreement shall not be binding upon either party except to
the eXtent incorporated in this agreement.
SECTION THIRTEEN.
MODIFICATION OF AGREEMENT
13.1 Any modification of this agreement or additional obligation assumed by
either party in connection with this agreement shall be binding only if
placed in writing and signed by each party or an authorized
representative of each party.
SECTION FOURTEEN.
TIME OF THE ESSENCE
14.1 It is specifically declared and agreed that time is of the essence of this
agreement.
SECTION FIFTEEN.
BINDING EFFECT
15.1 This agreement shall bind and inure to the benefit of the respective
heirs, personal representatives, successors, and assigns of the parties.
DEMOLITION AGREElvIENT - 4
IN WITNESS WHEREOF, the parties have executed this agreement
on this 2.0+6- Day of '":.:1Zv~ ,2000.
CITY OF :MERIDIAN
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By: Resolution No. :3 28
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DEMOLITION AGREEtvfENT - 5
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STATE OF IDAHO, )
: 55.
County of Ada, )
On this 'Zof!1- day of ~ 2000,
before me, the undersigned, a Notary blic in and for said State,
personally appeared ROBERT D. CORRIE and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY of
Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
(SEAL)
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NOTARY P
RESIDING
q,-;t&- rfD
State of Idaho
County of Ada
On the day of
personally appeared
2000,
before me, ' Notary Public for the State of Idaho,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath / affirmation of
, a credible witness to be
the signer of the above/attached instrument, and he/she acknowledged
that he/she signed it.
Notary Public
(seal)
Residing at:
Commission expires:
RESOLUTION NO. 328
BY: ;( (Jrv /fndM-I tn--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED, "CITY OF MERIDIAN DEMOLITION
AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND HANSCO
EXCAVATING, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with HANSCO EXCAVATING, INC., denoted as "CITY OF MERIDIAN
DEMOLITION AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of
the City of Meridian that certain agreement with HANSCO EXCAVATING, INC.,
entitled "CITY OF MERIDIAN DEMOLITION AGREEMENT", a copy of which is
attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
RESOLUTION AGREEMENT BETWEEN CITY OF MERIDIAN
AND HANSCO EXCAVATING, INC.
- PAGE 1
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20-11..
day of ~ (/(.m.L , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 204-
day of J~ ,2000.
ATTEST:
~~~
CITY CLERK
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RESOLUTION AGREEMENT BETWEEN CITY OF MERIDIAN
AND HANSCO EXCAVATING, INC.
- PAGE 2
CERTIFICATE OF CLERIC
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That Pam the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the 20tL day of Jl.~ ,2000, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED, "CITY OF MERIDIAN DEMOLITION AGREEMENT",
BETWEEN THE CITY OF MERIDIAN AND HANSCO EXCAVATING, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement With HANSCO EXCAVATING, INC., denoted as "CITY OF MEIUDIAN
DEMOLITION AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. . The Mayor and Clerk are hereby authorized to enter into on behalf of
the City of Meridian that certain agreement with HANSCO EXCAVATING, INC.,
entitled "CITY OF MERIDIAN DEMOLITION AGREEMENT", a copy of which is
RESOLUTION AGREEMENT BETWEEN CITY OF MERIDIAN
AND HANSCO EXCAVATING, INC.
- PAGE 1
attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
tenns and conditions.\,\,\\\\I\ltlfll/l1lllll
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STATE OF IDAH~ ('aT 1Si ' x: ~
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County of Ada, .'1111,,);,.;, ,;\1\\
On this Uf!1 day of -JU VLt..- , in the year 2000, before me,
'SV\el.0~ e, Uf)ttrV"lZA---- ,a Notary Public, appeared WILLIAM G.
BERG, JR., known or identified to me to be the City Clerk of the City of Meridian,
Idaho, that executed the said instrument, and acknowledged to me that he executed
the same on behalf of the City of Meridian.
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RESOLUTION AGREEMENT BETWEEN CIIT OF MERIDIAN
AND HANSCO EXCAVATING, INC.
- PAGE 2
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 . Fax 288-250 I
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy de Weerd
Cherie McCandless
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 . Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887.2211 . Fax 887.1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . Fax 888-6854
NOTICE OF PREMCOUNCIL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday, June 20th, 2000 at 6:30 PM. The Meridian City Council
will discuss agenda items and department reports, which are on the regular
scheduled City Council meeting.
The public is welcome to attend.
DATED this 16th day of June, 2000.
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MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A Good Place to Li ve
LEGAL DEPARTMENT
(208) 288-2499 . Fax 288-250]
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy de Weerd
Cherie McCandless
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 . Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-22] I . Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . Fax 888-6854
NOTICE OF PRE-COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday, June 20th, 2000 at 6:30 PM. The Meridian City Council
will discuss agenda items and department reports, which are on the regular
scheduled City Council meeting.
The public is welcome to attend.
DATED this 16th day of June, 2000.
-
..
::;
June 15, 2000
Department Report
MERIDIAN CITY COUNCIL MEETING
APPLICANT Janice Smith
REQUEST Treasurer's Report
June 20, 2000
ITEM NO.
21-A-l
AGENCY
COMMENTS
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:
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 Meridian.
June 15, 2000
Department Report
MERIDIAN CITY COUNCIL MEETING June 20, 2000
APPLICANT Tom Kuntz ITEM NO.
REQUEST 2000 Capital Outlay for storey Park Irrigation System
21-C-1
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: See attached from Tom Kuntz
p;tttY
Materials presented ot public meetings shall become property of the City of Meridian.
MERIDIAN PARKS & RECREATION
Memorandum
R~0-'-I'-.r-rV i " <!i~.l,
,_., , bl.. ~ ';j;' 9
toP u~ -'-.tU
To Mayor Corrie and City COlUlCil
From: Tom Kuntz
j U N 1 6 2000
CITY OF MERIDIA:N
Date: 06-16-00
Re: 2000 Capital Outlay for Storey Park Irrigation System
Approximately two months ago, the Council gave me authorization to reject all bids on the
new irrigation system for Storey Park, since the low bid was $50,000 over budget.
The Council suggested I apply the $80,000 that was budgeted toward the project this fiscal
year, and budget a larger amount for the irrigation system next year.
The Storey Park irrigation system is our department's first priority in next year's capital
outlay. We revisited the construction costs with our Engineer, and have requested $155,000 to
complete the project. We have a list of projects that could be completed with the $78,000 that
is currently in this years Storey capital outlay budget. We do not want to jeopardize next years
funding of this project, and would be willing to carry those funds over if Council so desires.
This item has an effect on our budget request for next year, and your direction on this issue
would be appreciated at the June 21 workshop.
06/16/00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR CQNDITIONAL )
USE PERMIT FOR A PLANNED )
COMMERCIAL )
DEOVELOPMENT FOR THE )
DEVELOPMENT CONSISTING )
OF MULTI-FAMILY, )
COMMERCIAL, OFFICE AND )
LDS SEMINARY, IN AN L-O )
AND C-N ZONE LOCATED AT )
SECORNEROFOVERLAND )
ROAD AND S LOCUST GROVE )
ROAD, MERIDIAN, IDAHO )
)
G. 1. VOIGT DEVELOPMENT / )
OVERLAND 16, L.1.C., )
)
APPLICANT. )
)
06~ 12-00
Case No. CUP-00-017
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on June 6, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt,
Briggs Engineering, Inc., and appearing and testifying with comments or concerns were:
Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley, LaceyWhite,
Norma Gale, and Michelle Barron, and the City Council having duly considered the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT I OVERLAND 16, L..L.c.
FOR PLANNED COMMERCIAL DEVELOPMENT I (CUP-OO-017) - I
evidence and the record in this matter and the Recommendations to City Council issued
by the Plamung and Zoning Commission who conducted a public hearing and the Council
having heard and taken oral and written testimony, and having duly considered the
,
matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for June 6,2000,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days prior
to said hearing and with the notice of public hearing having been posted upon the property
under consideration more than one week before said hearing and the copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
June 6, 2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code ~67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-5 as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. 1. VOIGT DEVELOPMENT / OVERLAND 16, L..1.c.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-OI?) - 2
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
3. This proposed development request is in Ada County (R-T) and Meridian (R~
4), by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at the SE corner of Overland Road and S. Locust
Grove Road, Meridian, Idaho.
5. The owner of record of the subject property is G .1. Voigt of Idaho Falls and
Overland 16, LLC of Boise.
6. Applicant is owner of record.
7. The subject property is currently zoned Ada County (R- T) and Meridian R-4.
There is a current application and recommendation before the Meridian City Council for
rezoning to L~O and C-N. The zoning district of L-O and C-N is defined within the City
of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use pennit for a commercial
development consisting of multi-family housing, commercial offices and an LDS Seminary.
The L-O and C-N zoning designations within the City of Meridian Zoning and
Development Ordinance require a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section II ~8-1 ).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. 1. VOIGT DEVELOPMENT / OVERLAND 16, L1.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-DO-OIl) - 3
9. The Meridian City Council recognizes that the proposed application is in
compliance 'With the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council talces judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions pnJviding services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon services delivered by political subdivisions providing services to the
subject real property within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of the Planning and Zoning and Engineering departments
as follows:
12.A This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
permits and conditional recommendations contained in AZ-00-004, RZ-
00-003, PP-00-006, CUP-00-015, CUP-00-016 and CUP-00-017, will
apply where relevant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. 1. VOIGT DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-OI?) - 4
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
12.1 This Conditional Use Permit is for the overall concept only. Future
phases of the project shall require separate Conditional Use Permits for
each prase and each must substantially comply with the final approved
Concept Plan.
12.2 Planned Development Regulations: As a mixed/planned use development,
the Resolution Plaza development must comply with the following
sections of the subdivision ordinance: 12-6-4 Procedures for Planned
Developments, 12-6-6 General Regulations for Plam1ed Development,
and 12-6-7 General Standards for Planned Developments. In addition,
residential areas must comply with 12-6-8-A Design Standards for
Planned Development-Residential. All commercial and office uses must
comply with 12-6-8-B Design Standards for Planned Development-
CommerciaL
12.3 Colored Rendering: Colored renderings of the development must be
submitted prior to the City Council meeting to meet the intent of Section
12-6-4 of the PD ordinance.
12.4 Open Space: All Planned Developments (PO) are required to have at least
10% of the gross land area of the PD as common open space as 12-6-7-E-
5. The total common open space calculation for Resolution Plaza is
shown separately on Sheets 1-3 (Sites "A" - "C"). Site "A" is 4.53 acres
(1.44 required), Site "B" is 5.29 acres (1.45 required), and Site "C"is
4.10 acres (1.86 required). These calculations include landscape buffers
and islands. Standard practice has been that residential PD's cannot
count required buffers and landscape setbacks toward the 10% open
space requirement, but commercial PD's have been allowed to count it.
Total gross site acreage for the Resolution Plaza project is 47.04 acres
(excluding public rights-of-way). 10% open space would be 4.7 acres. The
minimum amount of open space has been met. All open space delineated
as common open space must meet all standards of 12-6-7-E.
12.5 Parking: The matrix below summarizes the total off-street parking counts
for the conceptual PD-C:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L..L.c.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-Ol?) - 5
Site/Use Parking Proposed Parking Required
Site "A" -- --
- Retail pads N of first driveway (3) 257 250
\
- Retail & office pads b/w driveways (2) 183 181
- Office & day care pads S of second 189 100 (est.)
driveway
Site "A" Total 629 531
Site "B" (Apartment Complex) 553* 460 (2.3/d.u)
Site ".C" -- --
- Retail & office pads on Y2K Lane (2) 156 151
- LDS Seminary 17 20 (est.)
- Office buildings S of Gala St. (2) 129 98
- Retail & office buildings N of Gala St. (2) 317 287
- Ice Arena 278 286 (115) seats
*
. The Applicant is proposing 152 tandem parking spaces for the complex.
The P&Z Commission discouraged tandem parking for a proposed
apartment complex of similar size in October 1999 (Valerie Heights). If
the tandem parking is subtracted from the total parldng spaces,
their total provided would be 401 spaces. and the parldng shall be
limited to the 401 parldng spaces for this project.
On the Site "A" plan, a row of parking is proposed along the south edge
of the north driveway and along both the north and south edges of the
south driveway with no separation. The likelihood of these private
driveways receiving high volumes of traffic at build-out (functioning more
as public roads), would be unsafe and shall be relocated. The first parking
stalls are less than 40 feet from the property line and vehicles backing out
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT I OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT I (CUP-OO-Ol?) - 6
of the stalls into the drive aisle would likely be a hazard for vehicles
entering the site off Locust Grove.
The proposed Ice Arena seats a total of 1,430 people. Technically, the
Applicant meets City ordinance, which is based on one stall for every 5
seats. (If one assumes the arena will utilize the parldng north of Gala
Street for evening events, an additional 317 stalls could feasiblely be
\
added'to serve the arena, providing a total of 595 stalls.)
12.6 Parldng Lot Landscaping: Landscape islands serving a single row of
parldng shall have one tree. Islands serving a double row of parldng shall
have two trees. A minimum of one 3" caliper tree per 1500 square feet of
asphalt (including driveways connecting from the loop road) is required
per City Ordinance.
12.7 Streets and Circulation: A proposed stub road (Gala Street) to the east, is
unplatted property. Access shall be provided internally with a connection
between Sites "A" and "B". There is a conflict between the Concept Plan
and Plat for the Seminary site. The plat proposes a flag lot for Lot 4,
Blocle I (the proposed 19,648 sJ office building), with the flag serving as
the driveway. However, the Concept Plan shows the seminary utilizing
the flag driveway, not the office, and it shall be noted for future cross
access agreements.
12.8 Signage: The Applicant submitted a letter from Idaho Electric Signs
regarding signage for the apartment complex and a letter from Patrick
McKeegan outlining intent for the ice arena signage. The monument
signs shall not exceed 70 sJ. All signage throughout the PD-C shall be
coordinated and complement building materials and themes. This applies
to all future buildings.
12.9 Trash Enclosures: No trash enclosures are shown on the Conceptual Site
Plan. All such areas shall be situated outside of view from either Overland
or Locust Grove Roads. Applicant shall coordinate locations and
construction requirements of the required trash enclosures with Meridian
Sanitary Service, Inc., and provide a letter of approval from their office
when applying for a Certificate of Zoning Compliance.
12.10 Hours of Operation: No details of hours of operation are provided. For
the future CUP applications, all office and retail uses shall be harmonious
with the apartment complex and residential homes to the west.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L..L.c.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-O 17) - 7
12.11 Alternative Transportation Options: At build-out, this site would serve as
a principal center of employment for the east Meridian/west Boise area.
While Boise Urban Stages does not currently service Overland Road, it
has the potential to be a likely destination point for mass transit in the
future. An area shall be designated and/or preserved on the Concept Plan
for a future bus stop. The inclusion of bicycle racks at all office and retail
buildings and the ice hockey arena shall be included.
12.12 All conditions placed on this application shall run with the land and shall
not lapse or be waived as the result of any change in tenancy or
ownership of any or all of the lands governed by this CUP application. All
such conditions shall be deemed the requirements for the issuance of a
Certificate of Occupancy for any use or structure as per City Ordinance.
12.13 Applicant shall utilize the Ada County Highway District design standards
for the private street within this development, with the exception of
width requirements. Street designs shall be reviewed and approved by the
City of Meridian Public Works Department.
12.14 Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
parcel lying to the east (RZ~00-003) shall be designed and built.
Additional Recommendations and/or comments from Meridian Fire Department,
Central District Health Department and Nampa & Meridian Irrigation District are as
follows:
12.15 The Meridian Fire Department requires that the road and street names
and signs shall be installed before building is started.
12.16 The Central District Health Department requires that written approval
for the central sewage and central shall be submitted for their approval.
Additionally, plans for the central sewage and central water shall be
approved by the Idallo Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface
water quality. Best management practices for storm water disposal and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-OI?) - 8
design a stann water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
12.16.1
State of Idaho Catalog] Stom1water Best Management Practices
For Idaho Cities and Counties. Prepared by the Idaho Division
of Environment Quality, July 1997.
12.16.2
StOlmwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, January 1997.
12.17 The Nampa & Meridian Irrigation District notes that the HW1ter Lateral
courses along the west boundary of the proposed project. The District
reserves the right to claim what they deem necessary to operate and
maintain the Hunter Lateral. All storm drainage shall be retained on site.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial" .
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO.O 17) - 9
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17.
\
The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (LC. 867-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except tlle power to adopt ordinances by the establishment
of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section
67-6504 which the City Council of the City of Meridian has established by the passage
of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII,
Chapter I, Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-O 17) - 10
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional use
permits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and that the proposed development: (Meridian City Code S 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be hannonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. 1. VOI~n DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-O 17) - II
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use pennit in a Limited Office District (L-
0) and Neighborhood Business District (CwN), a public hearing shall be conducted
with notice to be published and provided to property owners or purchasers of record
within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance,
which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
Zoning Commission; and after the recommendation of the Commission is
made, the application shall go before the City Council without a public hearing
and the Council may approve, deny, or modify the recommendation of the
Commission. "
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Comlnission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Conunission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-Ol?) - 12
applicatiqn shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code S 11-17-6)
7.
,
When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. . The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
1. That the above named applicant is granted a conditional use permit for a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT I OVERLAND 16, L..L.c.
FOR PLANNED COMMERCIAL DEVELOPMENT I (CUP-DO-OIl) - 13
commercial development consisting of multi-family housing, commercial offices and an
LDS Seminary, subject to the following conditions of use and development:
1.A This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
permits and conditional recommendations contained in AZ-00-004, RZ-
00-003, PP-00-006, CUP-00-015, CUP-00-016 and CUP-00-017, will
apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1 This Conditional Use Pennit is for the overall concept only. Future
phases of the project shall require separate Conditional Use Permits for
each phase and each must substantially comply with the final approved
Concept Plan.
1.2 Planned Development Regulations: As a mixed/planned use development,
the Resolution Plaza development must comply with the following
sections of the subdivision ordinance: 12-6-4 Procedures for Planned
Developments, 12-6-6 General Regulations for Planned Development,
and 12-6-7 General Standards for Planned Developments. In addition,
residential areas must comply with 12-6-8-A Design Standards for
Planned Development-Residential. All commercial and office uses must
comply with 12-6-8-B Design Standards for Planned Development-
Commercial.
1.3 Colored Rendering: Colored renderings of the development must be
submitted prior to the City Council meeting to meet the intent of Section
12-6-4 of the PD ordinance.
1.4 Open Space: All Planned Developments (PD) are required to have at least
10% of the gross land area of the PD as conUllon open space as 12-6-7-E-
5. The total common open space calculation for Resolution Plaza is
shown separately on Sheets 1-3 (Sites "A" - "C"). Site "A" is 4.53 acres
(1.44 required), Site "B" is 5.29 acres (1.45 required), al}-d Site "c" is
4.10 acres (1.86 required). These calculations include landscape buffers
and islands. Standard practice has been that residential PO's cannot
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. 1. VOIGT DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-O 17) - 14
cOlmt required buffers and landscape setbacks toward the 10% open
space requirement, but conunercial PD's have been allowed to count it.
Total gross site acreage for the Resolution Plaza project is 47.04 acres
(excluding public rights-of-way). 10% open space would be 4.7 acres. The
minimum amount of open space has been met. All open space delineated
as common open space must meet all standards of 12-6-7-E.
1.5 Parking: The matrix below sununarizes the total off-street parldng counts
for the conceptual PD-C:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L..L.c.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-OI7) - 15
Site/Use Parking Parking Required
Proposed
Site "A" - ~ -
- Retail pads N of first driveway (3) 257 250
- Retail & office pads b/w driveways (2) 183 181
- Office & day care pads S of second 189 100 (est.)
driveway
Site "A" Total 629 531
Site "B" (Apartment Complex) 553* 460 (2.3/d.u)
Site"C" - - - -
- Retail & office pads on Y2K Lane (2) 156 151
- LDS Seminary 17 20 (est.)
- Office buildings S of Gala St. (2) 129 98
- Retail & office buildings N of Gala St. (2) 317 287
- Ice Arena 2 78 286 (1/5) seats
*
The Applicant is proposing 152 tandem parking spaces for the complex.
The P&Z Commission discouraged tandem parking for a proposed
apartment complex of similar size in October 1999 (Valerie Heights). If
the tandem parking is subtracted from the total parking spaces, their total
provided would be 401 spaces, and the parking shall be limited to the 401
parking spaces for this project.
On the Site "A" plan, a row of parking is proposed along the south edge
of the north driveway and along both the north and south edges of the
south driveway with no separation. The likelihood of these private
driveways receiving high volumes of traffic at build-out (functioning more
as public roads), would be unsafe and shall be relocated. The first parking
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT I OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-O 17) - 16
stalls are less than 40 feet from the property line and vehicles bacl<ing out
of the stalls into the drive aisle would likely be a hazard for vehicles
entering the site off Locust Grove.
The proposed Ice Arena seats a total of 1,430 people. Technically, the
Applicant meets City ordinance, which is based on one stall for every 5
seats. (If one assumes the arena will utilize the parl<ing north of Gala
Street\for evening events, an additional 317 stalls could feasiblely be
added to serve the arena, providing a total of 595 stalls.)
1.6 Parl<ing Lot Landscaping: Landscape islands serving a single row of
par1<ing shall have one tree. Islands serving a double row of parl<ing shall
have two trees. A minimum of one 3" caliper tree per 1500 square feet of
asphalt (including driveways connecting from the loop road) is required
per City Ordinance.
1.7 Streets and Circulation: A proposed stub road (Gala Street) to the east, is
unplatted property. Access shall be provided internally with a connection
between Sites "A" and "BU. There is a conflict between the Concept Plan
and Plat for the Seminary site. The plat proposes a flag lot for Lot 4,
Block 1 (the proposed 19,648 sJ office building), with the flag serving as
the driveway. However, the Concept Plan shows the seminary utilizing
the flag driveway, not the office, and it shall be noted for future cross
access agreements.
1.8 Signage: The Applicant submitted a letter from Idaho Electric Signs
regarding signage for the apartment complex and a letter from Patrick
McKeegan outlining intent for the ice arena signage. The monument
signs shall not exceed 70 sJ. All sigrlage throughout the PD~C shall be
coordinated and complement building materials and themes. This applies
to all future buildings.
1.9 Trash Enclosures: No trash enclosures are shown on the Conceptual Site
Plan. All such areas shall be situated outside of view from either Overland
or Locust Grove Roads. Applicant shall coordinate locations and
construction requirements of the required trash enclosures with Meridian
Sanitary Service, Inc., and provide a letter of approval from their office
when applying for a Certificate of Zoning Compliance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. 1. VOIGT DEVELOPMENT / OVERLAND 16, L..1.c.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP~OO-O 17) ~ 17
1.10 Hours of Operation: No details of hours of operation are provided. For
the future CUP applications, all office and retail uses shall be harmonious
with the apartment complex and residential homes to the west.
1.11 Alternative Transportation Options: At build-out, this site would serve as
a principal center of employment for the east Meridian/west Boise area.
While Boise Urban Stages does not currently service Overland Road, it
has the potential to be a likely destination point for mass transit in the
future. An area shall be designated and/or preserved on the Concept Plan
for a future bus stop. The inclusion of bicycle racl<s at all office and retail
buildings and the ice hockey arena shall be included.
1.12 All conditions placed on this application shall run with the land and shall
not lapse or be waived as the result of any change in tenancy or
ownership of any or all of the lands governed by this CUP application. All
such conditions shall be deemed the requirements for the issuance of a
Certificate of Occupancy for any use or structure as per City Ordinance.
1.13 Applicant shall utilize the Ada County Highway District design standards
for the private street within this development, with the exception of
width requirements. Street designs shall be reviewed and approved by the
City of Meridian Public W orl<s Department.
1.14 Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
parcel lying to the east (RZ-OO-003) shall be designed and built.
Additional Recommendations and/or conunents from Meridian Fire Department,
Central District Health Department and Nampa & Meridian Irrigation District are as
follows:
12.15 The Meridian Fire Department requires that the road and street names
and signs shall be installed before building is started.
12.16 The Central District Health Department requires that written approval
for the central sewage and central shall be submitted for their approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT I OVERLAND 16, L..L.c.
FOR PLANNED COMMERCIAL DEVELOPMENT I (CUP-OO-OI?) - 18
Additionally, plans for the central sewage and central water shall be
approved by the Id.1ho Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface
water guality. Best management practices for storm water disposal and
\
design a storm water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
12.16.1
State of Idaho Catalog f Stormwater Best Management
Practices For Idaho Cities and Counties. Prepared by the
Idaho Division of Environment Quality, July 1997.
. 12.16.2
Stormwater Best Management Practices Guidebook
Prepared by City of Boise Public Works Department,
January 1997.
12.17 The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District
reserves the right to claim what they deem necessary to operate and
. maintain the Hunter Lateral. All storm drainage shall be retained on site.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use pennit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. 1. VOIGT DEVELOPMENT / OVERLAND 16, L..1.c.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-OI?) - 19
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67w6521 an affected person being a person
\
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit 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 207.!:-
day of
d?~
,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
COUNCILPERSON KEITH BIRD
VOTED --/J!-~
COUNCILMAN TAMMY deWEERD
VOTED~
VOTED ~
COUNCILMAN CHERIE McCANDLESS
--
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: t h't./7..rt-G
J I
MOTION:
APPROVED~ -"".. ---
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.c.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-GG-G 17) - 2G
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER'OF THE APPLICATION OF )
G. L. VOIGT DEVELOPMENT/OVERLAND 16, )
L.L.C, FOR A CONDITIONAL USE PERMIT )
FOR A PLANNED COMMERCIAL )
DEVELOPMENT FOR THE DEVELOPMENT )
CONSISTING OF MULTI-FAMILY, )
COMMERCIAL, OFFICE AND LDS SEMINARY)
IN AN L-O AND C-N ZONE LOCATED AT SE )
CORNER OF OVERLAND ROAD AND S )
LOCUST GROVE ROAD, MERIDIAN, IDAHO )
)
06-12-00
CASE NO. CUP-00-017
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 20th day of June, 2000,
under the provisions of Meridian City Code S 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That ~he Applicant of the property is granted a conditional use permit for the
proposed application request of a conditional use permit for the construction,
development, maintenance and use for a commercial development consisting of
multi-family housing, commercial offices and an LDS Seminary, as described in the
OVERALL PRELIMINARY SITE PLAN, DWG Date: 02/01/00 MNM, DWG NO.
990123, SHEET 1 OF 1 SITE, \MIL-PRE1. MNM, RESOLUTION SUBDIVISION,
BRIGGS ENGINEERING, INC. ARCHITECT, and SITE A: DESERT WEST,
L.L.c., SITE B: OVERLAND, LLC, SITE C: G. L. VOIGT DEVELOPMENT, (ICE
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.C. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-017
RINK ONLY)-PAT McKEAGAN (REP. LEE SMITH), Developers, and, for the
development of the aforementioned planned commercial development for a
commercial development consisting of multi-family housing, commercial offices and
an LDS Seminary and which property is described as:
A parcel of land lying in the NW l!4 of Section 20, Township 3 North, Range 1 East,
\
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the northwest corner of Section 20, T. 3N., R. IE., B.M.;
Thence S 89052'19" E 25.00 feet along the north line of said Section 20 to a point;
Thence S 0034'14" W 25.00 feet to the intersection of the southerly right-of-way of
Overland Road and the easterly right-of-way of Locust Grove, the REAL POINT OF
BEGINNING of this description;
Thence S 00034114" W 945.47 feet along said easterly right-of-way to a point;
Thence N 89059'19tr E 824.95 feet to a point on the centerline of the Hunter Lateral;
Thence N 05029117" W 140.30 feet along said centerline to a point;
Thence N 16014'08" W 216.98 feet along said centerline to a point;
Thence N 18021'39" W 470.81 feet along said centerline to a point;
Thence N Or0610411 W 150.57 feet along said centerline to a point on the southern
right-of-way of Overland Road;
Thence N 89052'19tr W 573.76 feet along said southern right-of-way to the REAL
POINT OF BEGINNING of this description;
Said parcel of land contains 15.23 acres more or less.
AND
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9
BY G. L VOIGT DEVELOPMENT / OVERLAND 16, LLC. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-01?
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T. 3N., R. IE., B.M., the REAL
POINT OF BEGINNING of this description;
\
Thence S 00024'16">W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89052'19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N OS029'1 T' W 20.43 feet along said centerline to a point;
Thence N 16014'08" W 216.98 feet along said centerline to a point;
Thence N 18027'39" W 470.81 feet along said centerline to a point;
Thence N 07006'0411 W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89052'19" E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
2. That the above named applicant is granted a conditional use permit for a
planned commercial development for consisting of multi-family housing, commercial
offices and an LDS Seminary, located at the southeast corner of Overland Road and
S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use
and development:
2.A This project is part of a multi-faceted requested development
including annexation, rezoning, preliminary plat and three (3)
conditional use permits and conditional recommendations contained
inAZ-00-004, RZ-00-003, PP-00-006, CUP-00-015, CUP-00-016
and CUP-00-017, will apply where relevant.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.C. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-O 17
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
2.1 This Conditional Use Permit is for the overall concept only. Future
phases of the project shall require separate Conditional Use Permits
for each phase and each must substantially comply with the final
i
approved Concept Plan.
2.2 Planned Development Regulations: As a mixed/planned use
development, the Resolution Plaza development must comply with
the following sections of the subdivision ordinance: 12-6-4
Procedures for Planned Developments, 12-6-6 General Regulations
for Planned Development, and 12-6-7 General Standards for Planned
Developments. In addition, residential areas must comply with 12-6-
8-A Design Standards for Planned Development-Residential. All
commercial and office uses must comply with 12-6-8-B Design
Standards for Planned Development-Commercial.
2.3 Colored Rendering: Colored renderings of the development must be
submitted prior to the City Council meeting to meet the intent of
Section 12-6-4 of the PD ordinance.
2.4 Open Space: All Planned Developments (PD) are required to have at
least 10% of the gross land area of the PD as common open space as 12-
6-7-E-5. The total common open space calculation for Resolution Plaza
is shown separately on Sheets 1-3 (Sites "A" - "C"). Site "A" is 4.53
acres (1.44 required), Site "B" is 5.29 acres (1.45 required), and Site
"c" is 4.10 acres (1.86 required). These calculations include landscape
buffers and islands. Standard practice has been that residential PD's
cannot count required buffers and landscape setbacks toward the 10%
open space requirement, but commercial PD's have been allowed to
count it.
Total gross site acreage for the Resolution Plaza project is 47.04 acres
(excluding public rights-of-way). 10% open space would be 4.7 acres.
The minimum amount of open space has been met. All open space
delineated as common open space must meet all standards of 12-6-1-E.
ORDEROFCONDITIONALAPPROVALOFCONDITIONALUSEPERMIT-PAGE40F9
BY G. 1. VOIGT DEVELOPMENT / OVERLAND 16, L.1.C. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-017
2.5
Parking: The matrix below summarizes the total off-street parking
counts for the conceptual PD-C:
Site/Use Parking Proposed Parking Required
Site "A" \
-- --
- Retail pads N of first driveway (3) 257 250
- Retail & office pads b/w driveways (2) 183 181
- Office & day care pads S of second 189 100 (est.)
driveway
Site "A" Total 629 531
Site "B" (Apartment Complex) 553* 460 (2.3/d.u)
Site"C" -- --
- Retail & office pads on Y2K Lane (2) 156 151
- LDS Seminary 17 20 (est.)
- Office buildings S of Gala St. (2) 129 98
- Retail & office buildings N of Gala St. (2) 317 287
- Ice Arena 278 286 (1/5) seats
*
The Applicant is proposing 152 tandem parking spaces for the
complex. The P&Z Commission discouraged tandem parldng for a
proposed apartment complex of similar size in October 1999 (Valerie
Heights). If the tandem parldng is subtracted from the total parldng
spaces, their total provided would be 401 spaces, and the parldng
shall be limited to the 401 parldng spaces for this project.
On the Site "A" plan, a row of parldng is proposed along the south edge
of the north driveway and along both the north and south edges of the
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.C. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-OI7
south driveway with no separation. The likelihood of these private
driveways receiving high volumes of traffic at buildwout (functioning
more as public roads), would be unsafe and shall be relocated. The first
parldng stalls are less than 40 feet from the property line and vehicles
backing out of the stalls into the drive aisle would likely be a hazard for
vehicles entering the site off Locust Grove.
\
The proposed Ice Arena seats a total of 1,430 people. Technically, the
Applicant meets City ordinance, which is based on one stall for every 5
seats. (If one assumes the arena will utilize the parldng north of Gala
Street for evening events, an additional 317 stalls could feasiblely be
added to serve the arena, providing a total of 595 stalls.)
2.6 Parldng Lot Landscaping: Landscape islands serving a single row of
parldng shall have one tree. Islands serving a double row of parking shall
have two trees. A minimum of one 3" caliper tree per 1500 square feet
of asphalt (including driveways connecting from the loop road) is
required per City Ordinance.
2.7 Streets and Circulation: A proposed stub road (Gala Street) to the east,
is unplatted property. Access shall be provided internally with a
connection between Sites "A" and "B". There is a conflict between the
Concept Plan and Plat for the Seminary site. The plat proposes a flag
lot for Lot 4, Block I (the proposed 19,648 sJ office building), with the
flag serving as the driveway. However, the Concept Plan shows the
seminary utilizing the flag driveway, not the office, and it shall be noted
for future cross access agreements.
2.8 Signage: The Applicant submitted a letter from Idaho Electric Signs
regarding signage for the apartment complex and a letter from Patrick
McKeegan outlining intent for the ice arena signage. The monument
signs shall not exceed 70 sJ. All sigt1age throughout the PD-C shall be
coordinated and complement building materials and themes. This
applies to all future buildings.
2.9 Trash Enclosures: No trash enclosures are shown on the Conceptual
Site Plan. All such areas shall be situated outside of view from either
Overland or Locust Grove Roads. Applicant shall coordinate locations
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.C. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-OI7
and construction requirements of the required trash enclosures with
Meridian Sanitary Service, Inc., and provide a letter of approval from
their office when applying for a Certificate of Zoning Compliance.
2.10 Hours of Operation: No details of hours of operation are provided. For
the future CUP applications, all office and retail uses shall be
harmdnious with the apartment complex and residential homes to the
west.
2.11 Alternative Transportation Options: At build-out, this site would serve
as a principal center of employment for the east Meridian/west Boise
area. While Boise Urban Stages does not currently service Overland
Road, it has the potential to be a likely destination point for mass
transit in the future. An area shall be designated and/or preserved on
the Concept Plan for a future bus stop. The inclusion of bicycle racks
at all office and retail buildings and the ice hockey arena shall be
included.
2.12 All conditions placed on this application shall run with the land and
shall not lapse or be waived as the result of any change in tenancy or
ownership of any or all of the lands governed by this CUP application.
All such conditions shall be deemed the requirements for the issuance of
a Certificate of Occupancy for any use or structure as per City
Ordinance.
2.13 Applicant shall utilize the Ada County Highway District design
standards for the private street within this development, with the
exception of width requirements. Street designs shall be reviewed and
approved by the City of Meridian Public Works Department.
2.14 Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
parcel lying to the east (RZ-00-003) shall be designed and built.
Additional Recommendations and/or comments from Meridian Fire Department,
Central District Health Department and Nampa & Meridian Irrigation District are as
follows:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.C. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-O 17
2.15 The Meridian Fire Department requires that the road and street
names and signs shall be installed before building is started.
2.16 The Central District Health Department requires that written
approval for the central sewage and central shall be submitted for
their approval. Additionally, plans for the central sewage and central
\.
water shall be approved by the Idaho Department of Health &
Welfare, Division of Environment Quality. Run-off is not to create a
mosquito breeding problem. That storm water be pre-treated
through a grassy swale prior to discharge to the subsurface to prevent
impact to ground water and surface water quality. Best management
practices for storm water disposal and design a storm water
management system that is preventing groundwater and surface
water degradation. Manuals for guidance are:
2.16.1
State of Idaho Catalog f Stormwater Best Management
Practices For Idaho Cities and Counties. Prepared by the
Idaho Division of Environment Quality, July 1997.
2.16.2
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
2.17 The Nampa & Meridian Irrigation District notes that the Hunter
Lateral courses along the west boundary of the proposed project.
The District reserves the right to claim what they deem necessary to
operate and maintain the Hunter Lateral. All storm drainage shall be
retained on site.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code S 11-17-8, a copy of
which is attached to this permit.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.C. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-OI7
By action of the City Council at its regular meeting held on the
d~ ,2000.
20-/6
day of
..
. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By:JI~?~1.!j-
City Clerk tI
Dated:
fr-20--tJO
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, L.L.c. FOR PLANNED
COMMERCIAL DEVELOPMENT / CUP-OO-O 17
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By: df~~,~,
City Clerk \. .
Dated;
6-Zo.-tJO
msWZ:\ W ork\M\Meridian l5360M\Resolution Business Park AZ RZ CUP PP\CUPFindings 17
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY G. L. VOIGT DEVELOPMENT / OVERLAND 16, LL.C.
FOR PLANNED COMMERCIAL DEVELOPMENT / (CUP-OO-O 17) - 2 I
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DEVELOPMENT AGREEMENT
PARTIES: L
2.
3.
City of Meridian
Queenland Acres, Inc., Owner
Bear Creek, L.L. C. Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 20fL day of J ~ , 2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and QUEENLAND ACRES, INC., hereinafter called
"OWNER", whose address is 670 W. Victory, Meridian, Idaho 83642, and
BEAR CREEK, L.L.C., hereinafter called "DEVELOPER", PO Box 344,
Meridian, Idaho 83680.
1.
RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, LC. s67-6511A, Idaho Code, provides that
cities m'ay, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" make a vvritten
commitment concerning the use or development of the
subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15 -12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 1 of 18
Exhibit A, and has requested a designation of Low Density
Residential (R-4), (1l-7-2 C Meridian City Code); and
,
1.5 WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Co~mission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the (fY-^ day of~', 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
1.9 uDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
DEVELOPMENT AGREEMENT - (Bear Creek AZ~99-010) - Page 2 of 18
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinance codified in Title II and Title 12, Meridian City
Code.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Bear Creek; L.L.c.,
whose address is PO Box 344, Meridian, Idaho 83680, the
party developing said "Propeny" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "OWNER": means and refers to Queenland Acres, Inc.,
whose address is 670 W. Victory, Meridian, Idaho 83642,
the party who owns said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 3 of 18
3.4 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses and development allowed pursuant to this
Agreement of the subject property shall be subject to and
pursuant to those uses allowed under "City"'s Zoning
Ordinance R-4 Low Density Residential District codified at
Section 11-7-2 C, Meridian City Code which are herein
specified as follows:
(R-4) Low Density Residential District: Only single-
family dwellings shall be perrrtitted and no conditional uses
shall be permitted except for Planned Residential
Development and public schools. The purpose of the (R-
4) District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where
predominately residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible non-residential
uses. The (R-4) District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the City of
Meridian.
To develop 326 single1amily residential lots, 31 common
lots and one Meridian park lot.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT - (Bear Creek A2-99-01O) - Page 4 of 18
5.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 Development, use and maintenance for single-family
residences and public recreational use in accordance
vvith Preliminary Plat, Bear Creek Estates
Subdivision, Briggs Engineering, Inc., DWe, Date:
06/01/99 ris, DWG No. 990211.PRE, Revision 11-
11-99, Sheet PRE, in the companion application for
Preliminary Plat PP-99-010, except as is modified
and conditioned by the City Council in the platting
process.
5.1.2 The "Developer" will construct a public park on Lot
1 \"ith a functional irrigation system in accordance
vvith the City Parks and Recreation Department and
Public Works Department specifications and seed
the same into grass and construct a parking lot on
the east side of said park for said park at the
location designated in Preliminary Plat, Bear Creek
Estates Subdivision, Briggs Engineering, Inc.,
DWG, Date: 06/01/99 ris, DWG No. 990211.PRE,
Revision If -11-99, Sheet PRE, in the companion
application for Preliminary Plat PP-99-0 I 0 for Lot I
which is shown as 18.62 Acres "City of Meridian
Park" therein. The "Developer" has indicated their
desire to donate this Lot I to the public as a park
5.1.3 The Developer shall pay for improvements to the
Ten Mile Sewer as set forth to accommodate this
development, that is 326 homes, and required in the
platting process. The Developer and the City shall
enter into a "latecomers" agreement wherein the
cost of any capacity created by the Developer in the
Ten Mile Trunk Line above that necessary to
accommodate this development vvill be collected
from any "latecomer" developments who utilize that
DEVELOPMENT AGREEMENT - (Bear Creek AZ.99.010) - Page 5 of 18
capacity. Said agreement shall have a term of 15
years. The Developer shall pay an additional sum of
$1,500.00 per lot which sum shall be paid by the
Developer in one lump sum in connection with the
recordation of each plat of the development as and
for a Trunk Construction Fee for the Black Cat
Connector which will eventually serve the subject
property, which sum is estimated to be the
Developer's proportionate share of the total cost of
the Black Cat Connector. The City shall assess such
additional sum in connection with the grant of a
building permit for any and all residential lots
within the Black Cat Connector service area, so that
future developments shall be on the same footing
with applicant and 'will be assessed a connector fee.
5.1.4 A decorative noncombustible fence "vill be installed
along that portion of Lot 1 that borders the other
lots. No gates in the fence will be allowed between
Lot 1 and the bordering lots.
5.15 Applicant shall coordinate with the Public Works
Department regarding the routing and sizing of
sewer lines within the subdivision in order to
accommodate future sewer connections upstream
from the development. The City shall be
responsible for the cost of up sizing any sewer lines
to accommodate future sewer connections.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 5 entitled
"ConditIons Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in r.c.
s 67-6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 6 of 18
7. CONSENT TO DE~ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
\
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure vvithin six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance 'with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Developer", "Developer'''s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the -breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 7 of 18
Thence S 00045'52" W 1076.81 feet along the east line of the NW 1/4 of the
SE 1/4 of said Section 24 to a point;
Thence S 8S012'02" W 266.72 feet to a point;
Thence S OS032'58" W 422.82 feet to a point;
Thence S 00046'44" W 232.28 feet to a point;
\
Thence S 20010'06" E 113.21 feet to a point;
Thence S 29035'11" E 132.19 feet to a point;
Thence S 00012'0011 W 190.85 feet to a point;
Thence S 08035'441l E 203.05 feet to a point;
Thence S 04003'121l W 266.88 feet to a point on the north right-oE-way of W.
VictOry Road;
Thence S 00038'531l W 25.00 feet to a point on the south line of the SE 1/4 of
said Section 24 and the centerline of W. Victory Road;
Thence N 89021'Or W 1145.51 feet along the south line of the SE 1/4 of said
Section 24 and the centerline of W. Victory Road to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 154.03 acres, more or less.
5. The owner of record of the subject property is Theron Scott, Queenland
Acres, Inc. of 670 W. Victory, Meridian, Idaho.
6. Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho.
7. The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of various agricultural and residential uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
8. The Applicant requests that the property be zoned as Low Density
Residential R~4.
9. The subject property is bordered to the nonh by Ada County
Residential, to the east by Meridian Elk Run Subdivision, further to the east Ada
County Rural Trahsitional, with agricultural use to the south, and Ada County
Residential and to the west Ada County Residential, and the city limits of the City
of Meridian are adjacent and abut to the northeast portion of the subject property.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: 326 single family residential lots, 31 common lots and one Meridian park
lot.
13. The Applicant requests zoning of the subject real property as R-4 Low
Density Residential which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as single family
residential.
14. The Public Works Director and Public Works Department are
FINDINGS OF FACT Al"JD CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99.010
concerned \vith the City's ability to provide sanitary sewer service to this project.
They are additionally concerned on how to provide for a rational for the handling of
the City's further grmvth in this region, particularly to the west of the project, in
that, 17 acres of the subject property are designated in the City's wlaster Plan to be
served by the Tert Mile Trunk Line to the sewer plant, and the remaining portion is
to be served by the yet to be developed Black Cat Trunk Sewer Connector. Even
though the "HYDRA Sewer Analysis" for this project, from the Planning and Zoning
and Public Works Departments, requested this project not be approved due to
concern "vith the ability of the City to approve future development which was to
rightfully be served by the Ten Mile Sewer Trunk, the Public Works Director did
testify, and the Council finds it is possible and feasible to sewer the subject parcel
presently through the Ten Mile Trunk Line as proposed and the imposition of an
estimated $1,500.00 per lot trunk fee would help establish a base fund for the
development of the Black Cat Sewer Trunk, which will ultimately serve the major
portion of the subject property and the subject property and parcel is partially
designated to be served by the Ten Mile Sewer and the applicant is able to proceed
with development.
15. The City is in need of additional park land to serve the southwest region
of the City and its impact area. This proposed application includes the construction
.:": :. .: . ',:. " :t\:..:.'. ..~~:, ':.:: ,,',:"::l5;""';:;.':;:; ~~ ',-r>.\ ~}.,\;'.TI, ins~;;~lled wi:\ .:':. :d::r.~t~~der system and
FINDINGS OF FACT A1~D CONCLUSIONS OF LAW - ~age 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC ' '
CASE NO. AZ-99-0l0
one parking lot and which is designated as Lot 1 18.62 acres "City of ivleridian Park"
on the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc.,
DWG, Date: 06/01/99 ris, DWG No. 99021 1. PRE, Revision 11-11-99, Sheet PRE, in
the companion application for Preliminary Plat PP-99-0 1 O. The Applicant has
expressed a desire\o donate this park to the public.
16. Persons owning parcels in the area of the proposed development voiced
concern with the traffic conditions on Overland, which is to the nonh and not
adjacent to the project. Meridian Road is to the east of the project and Victory Road
is south and adjacent to this proposed project. It is recognized by the City Council
that traffic is a concern but the same is under the jurisdiction and control of the Ada
County Highway District and the State Department of Transportation. With the
exception of Victory Road all such roads are designated as "Minor Arterials" as set
forth in Map 3 of the Transportation Component of the Meridian Comprehensive
Plan. The proposed plat, which is an accompanying application in Case No. PP-99-
010, designating access for ingress and egress to the proposed residential development
on Stoddard Road at three (3) separate locations, and Meridian Road at one location
through Elk Run Subdivision which is found to disburse traffic from the subject
property onto Victory Road, Overland and Meridian Roads, and there has been no
evidence produced by ACHD, or by any traffic study, which determines that the
existing roads could not handle the traffic of the proposed project.
FINDINGS OF FACT AND CONCLUSIONS OF LAyV - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
17. The application is consistent "vith the lvIeridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Residential.
Funher, this proposed application is in conformance and consistent "vith the
follovving provisions of the NIeridian Comprehensive Plan:
\
17.1 Goals, Page 5 of the Meridian Comprehensive Plan: Goals 2, 4, 5, 8,
and 10.
17.2 Land Use Residential Policies, Page 23 of the Meridian Comprehensive
Plan: Land Use Residential Policies: 2.2U, 2.3U, and 2.4U.
18. There are no significant or scenic features of major imponance that
affect the consideration of this application.
19. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of lvferidian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed which restrict the use and development of the subject real property under
the R-4 zoning procedures.
20. It is found that if the developer pays for the requested improvement and
complies with the conditions set forth in these findings of fact, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IS
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
." CASE NO. AZ-99-010
21. It is found that the development considerations which 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, and with
the Comprehensi\re Plan 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, and can best be handled by requiring a development
agreement which contains development conditions as is set forth herein in the
Decision and Order.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE Al'\JD
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
150.79 acres to Low Density Residential (R-4) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation ~nd zoning of 150.79 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 of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
Resolution No. 158. The legal description for annexation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
3. O"vner and Developer are required to enter into a Development
Agreement, and such Development Agreement shall also include and contain the
conditions of dev~lopment and use which govern the subject real propeny as follows:
3.1 Development, use and maintenance for single~family residences
and public recreational use in accordance vvith Preliminary Plat,
Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG,
Date: 06/0l/99 ris, DWG No. 990211.PRE, Revision 1l-1l~99,
Sheet PRE, in the companion application for Preliminary Plat PP~
99-0 10, except as is modified and conditioned by the City
Council in the platting process.
3.2 The ovmers of Lot 1 will construct a public park with a functional
irrigation system in accordance vvith the City Parks and
Recreation Depanment and Public Works Department
specifications and seed the same into grass and construct a
parking lot on the east side of said park for said park at the
location designated in Preliminary Plat, Bear Creek Estates
Subdivision, Briggs Engineering, Inc., DWG, Date: 06/0 l/99 ris,
DvVG No. 99021 LPRE, Revision 11-11-99, Sheet PRE, in the
companion application for Preliminary Plat PP-99-0 1 0 for Lot 1
which is shown as 18.62 Acres "City of Meridian Park" therein.
The ovmers of this Lot 1 have indicated their desire to donate
this Lot 1 to the public as a park.
3.3 The Developer shall pay for improvements to the Ten Mile Sewer
as set forth to accommodate this development, that is 326 homes,
and required in the platting process. The Developer and the City
shall enter into a "latecomers" agreement wherein the cost of any
capacity created by the Developer in the Ten Mile Trunk Line
above that necessary to accommodate this development MIl be
collected from any "latecomer" developments who utilize that
capacity. Said agreement shall have a term of 15 years. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXA.TION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-0 10
Developer shall pay an additional sum of $1,500.00 per lot which
sum shall be paid by the Developer in one lump sum in
connection vvith the recordation of each plat of the development
as and for a Trunk Construction Fee for the Black Cat Connector
which vvill eventually serve the subject property, which sum is
estimated to be the Developer's proportionate share of the total
cost of the Black Cat Connector. The City shall assess such
additional sum in connection vvith the grant of a building permit
for any and all residential lots vvithin the Black Cat Connector
service area, so that future developments shall be on the same
footing vvith applicant and will be assessed a connector fee.
3.4 A decorative noncombustible fence vvill be installed along that
portion of Lot 1 that borders the other lots. No gates in the
fence will be allowed between Lot 1 and the bordering lots.
3.5 Applicant shall coordinate vvith the Public Works Department
regarding the routing and sizing of sewer lines vvithin the
subdivision in order to accommodate future sewer connections
upsueam from the development. The City shall be responsible
for the cost of up sizing any sewer lines to accommodate future
sewer connections.
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-4) Low Density Residential
District ( Meridian City Code S 11-7-2 C).
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 ivferidian City Code S 11~6-1 in accordance vvltI1 the provisions of the
FINDINGS OF FACT AND CONCLUSIONS OF IAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
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 Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who
has an interest in \real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
/8-r..&-
By action of the City Council at its regular meeting held on the _
day of
.~A~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED a6~
COUNCILMA.N KEITH BIRD
VOTED~'"-
COUNCILPERSON TAMMY deWEERD
VOTED$A-
COUNCILMAN CHERIE McCANDLESS
VOTED$a-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
Copy served upon> Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
B~tZ~.J~rJ
City Clerk . .
1\t1AYOR ROB~ D. CORRIE (TIE BREAKER)
DATED: 18 -co
MOTION:
APPROVED:~ DISAPPROVED:
Dated;
msglZ:\ Work\M\Meridian 15360M\Bear Creek\AZFfCls041100Revisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
VOTED
-
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BEAL
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "D~veloper"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
II. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMED IES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot 'With diligence be
cured 'Within such thirty (30) day period, if the defaulting
party shall commence to cure the same 'Within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 8 of 18
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under & 12-5-3 of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, .if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer" have entered into an addendum
agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Mer1dian and the "Property"
shall be subject to de"annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OVVNER:
do City -Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID "83642
Queenland Acres, Inc.
670 W. Victory
Meridian, Idaho 83642
DEVELOP~NT AGREEMENT - (Bear CreekAZ-99-01O) - Page 9 of 18
DEVELOPER:
Bear Creek, L.L.C.
PO Box 344
Meridian, Idaho 83680
"vith copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should 'any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement 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 Agreement shall be binding on
the own~r of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
DEVELOPMENT AGREEMENT ~ (Bear CreekAZ-99-01O) - Page 10 of 18
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 "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not. valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. PINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or vvritten, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein othervvise provided, no subsequent alteration, amendment,
change or addition to this Agreement 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".
21.1 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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the MerIdian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 11 of 18
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
DEVELOPER:
BEAR CREEK, L.L.C.
Attest:
jL'oR- --
BY RESOLUTION NO.
OWNER:
QUEENLAND ACRES, INC.
~~
Theron Scott, PI sident .
Attest:
eaw
Carol Lqtspeich, Secre ry
BY RESOLUTION NO. ;;2.'1,~
DEVELOPMENT AGREEMENT - (Bear CreekAZ-99-010) - Page 12 of 18
CITY OF MERIDIAN
BY:
Y R ROBERT D. CORRIE
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CITY CLERK r ~ <?"&"'1S't. Jt' $
BY RESOLUTION NO. 3Z6.....-::,~i:4~. ~~.:-~~
J1t1nuf nm\~\\'
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this~ day of .J u.n e.. , in the year 2000, before
me, a Notary Public, personally appeared G'r-('.5 -:::r to h r. ~ 0 ~ and
Cro..;~ G......nv-t-S members of Bear Creek, L.L.C" known or
identifie to me to be one of the members of the Limited Liability Company who
executed the instrument and the member who subscribed said Limited Liability
Company and acknowledged to me that such Limited Liability Company had
executed the same.
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Commission expires: ~/~ 9/dO:::>;L
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-Q 10) - Page 13 of 18
(
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this 9 day of . ) lA Y'\ ~ ,in the year 2000, before
me, a Notary Public, personally appeared Theron Scott and Carol Lotspeich,
known or identified to me to be the President and Secretary of Queenland Acres,
rne., who executed the instrument on behalf of the said corporation and
acknowledged to me that such corporation executed the same.
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Nota Public for Idaho
Commission expires: 8/c)9/.;JooL
STATE OF IDAHO
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day of
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, in the year 2000,
County of Ada
On this
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, .know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT - (Bear Creek AZ~99-010) - Page 14 of 18
EXHIBIT A
Legal Description Of Property
A parcel of land lying in the E 112 of Section 24, Township 3
North, Range I West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the southwest comer of the E '12 of Section
24, T. 3N., R. IW., B.M., the REAL POINT OF BEGINNING
of this description.
Thence N 00051'45U E 2656.10 feet along the west line of the
E 112 of said Section 24, being the centerline of S. Stoddard
Road, to the southwest corner of the NE 1/4 of said Section
24;
Thence N 00051'5311 E 1881.43 feet along the west line of the
NE l!4 of said Section 24 and the centerline of S. Stoddard
Road to a point;
Thence S 89046'45" E 1706.88 feet to a point on the
centerline of the Kennedy Lateral, also being the northwest
corner of Elk Run Subdivision;
Along the centerline of the Kennedy Lateral, and the
westerly boundary of Elk Run Subdivision and Elk Run
Subdivision No.2;
Thence S 05005'5011 W 290.43 feet to a point;
Thence S 05046122" W 496.02 feet to a point;
Thence along a curve to the left 163.76 feet, said curve
having a delta angle of 46054'45'\ radius of 200.00 feet,
tangents of 86.78 feet, and a long chord bearing S I r41 10 I"
E 159.22 feet to a point;
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 15 of 18
Thence S 41008'23" E 989.03 feet to a point;
Thence S 30037'30" E 139.10 feet to a point;
Leaving said centerline and boundary;
Thence S 3201 T30" E 117.64 feet to a point on the north line
of the SE l!4 of said Section 24;
Thence N 89027'07" W 1177.57 feet along the north line of
the SE 1/4 of said Section 24 to the northeast comer of the
NW 1/4 of the SE l!4 of said Section 24;
Thence S 00045'52" W 1076.81 feet along the east line of the
NW 1/4 of the SE l!4 of said Section 24 to a point;
Thence S 85012'02l1 W 266.72 feet to a point;
Thence S 05032'58" W 422.82 feet to a point;
Thence S 0004614411 W 232.28 feet to a point;
Thence S 20010'0611 E 113.21 feet to a point;
Thence S 29035tlJU E 132.19 feet to a point;
Thence S 00012100" W 190.85 feet to a point;
Thence S 0803514411 E 203.05 feet to a point;
Thence S 04003'12" W 266.88 feet to a point on the north
right-of-way of W. Victory Road;
Thence S 00038'53" W 25.00 feet to a point on the south line
of the SE 1/4 of said Section 24 and the centerline of W.
Victory Road;
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 16 of 18
Thence N 89021 '01" W 1145.51 feet along the south line of
the SE 1/4 of said Section 24 and the centerline of W.
Victory Road to the REAL POINT OF BEGINNING of this
description;
Said parcel of land contains 154.03 acres, more or less.
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-0 1 0) - Page 17 of 18
EXHIBIT B
\
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 18 of 18
BEFORE THE MERIDIAN CITY COUNCIL
Revisions 04-11-00
IN THE MATTER OF THE )
APPLICATION OF BEAR )
CREEK, LLC, TI;IE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 150.79 ACRES FOR BEAR )
CREEK SUBDIVISION )
LOCATED EAST OF )
STODDARD ROAD, SOUTH OF )
OVERlAND ROAD MERlDIAN, )
IDAHO )
Case No. AZ~99-0 1 0
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on November 16, 1999, and continued to December 7,1999, and
December 21, 1999, the Annexation and Zoning Findings were brought before the
City Council at their January 4, 2000, meeting and tabled to January 18,2000, the
matter was then re-noticed for public hearing to February 15, 2000 and tabled to
March 7, 2000, again the matter was re-noticed for public hearing to Apri14, 2000,
at the hour of 7:00 o'clock p.m., and appearing at the December 7, 1999, hearing
'Here: Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer,
and Brad Watson, Assistant to the City Engineer~ and appearing and testifying on
FINDINGS OF FACT Ai'l'D CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., and Greg
Johnson of Bear Creek Development, LLC, and affected propeny ovvners appearing
were: Carolyn Darrington, Joan Atkins and Wilford A. Critell; appearing on
December 21, 1999, were Gary Smith, City Engineer, and appearing on behalf of the
\
Applicant were: Becky Bowcutt of Briggs Engineering, Inc., Joanne Butler, and
affected propeny owners who appeared were: Chris Yerrington and Carol Lotherage,
and continued to February 15, 2000, and Shari Stiles, Planning and Zoning
Administrator, Gary Smith, Public Works, and Tom Kuntz, Parks and Recreation
Director, appeared and testified, and appearing on behalf of the Applicant were: Mike
Spink and Becky Bowcutt, and appearing with concerns and comments were: Chuck
Rauch, Dennis Montgomery, and Kent Yerrington, and continued to April 4, 2000,
and appearing and testifying were: Lee Centers and Chuck Rauch, and having
received the Recommendation to City Council of the Planning and Zoning
Commission on this matter, 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 A1"JD CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
-.....--.-- ,------
STATElYIENT OF LEGAL AUTHORITY Ai\,fD-JURISDICTION:
CONCLUSIONS OF L\W
Judicial Notice:
The Council may take judicial notice of government ordinances, and policies,
\
and of actual conditions existing within the City and State.
Annexation:
I. The City of Meridian has authority to annex real property upon "vritten
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said propeny lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code ~ 11-16-1 provides that the
City may annex real property that is within the Meridian Urban Service Planning
Area which is designated in the Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian
City Code ~ 11-16-3.
2. The City Council exercises its legislatlve authority in the annexation
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (1983).
Prior to annexation the City Council shall request and receive a
recommendation from the Planning and Zoning Commission of proposed zoning
ordinance changes for the area to be annexed in accordance with the notice and
FINDINGS OF l"::ACT J-'u\ID CONCLUSIONS OF lAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LiC
CASE NO. AZ-99.0 I 0
hearing procec.ur~s ?ro\-~d;;d in Section 6 7 ~6509. Idaho Code and concurrently or
immediately follO\ving the adoption of an ordinance of annexation, the City Council
shall amend the Planning and. Zoning Ordinance. [I.c. s 67-6525J [Meridian City
Code S 11 ~ 16-1 J
Zoning:
3. The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordinance establish
within its boundaries one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan. [1. C. S 67-6511 J.
4. The "Zoning Ordinance" of the City of Meridian applies and regulates
all development of land within the City limits and property outside the City limits
for which annexation has been requested. [Meridian City Code S 11-1-3J
5. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zoning
Ordinance" of the City of Meridian, Idaho, which provides for various zoning
districts. [Meridian City Code Title II Chapters I through 21.J
5.1 The "Zoning Ordinance" provides a zoning district (R-4) Low
Density Residential District which is defined as: [Meridian City
Code S 11~7~2 C .J
(R~4) Low Density Residential District: Only single-family
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CA.SE NO. AZ-99-010
dwellings shall be permitted and no conditional uses shall be
permitted except for Planned Residential Development and
public schools. The purpose of the (R-4) District is to permit the
establishment of low density single~family dwellings, and to
delineate those areas where predominately residential
development has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the integrity of
, residential areas by prohibiting the intrusion of incompatible
. non~residential uses. The (R~4) District allows for a maximum of
. four (4) dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the City of Meridian.
5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use
Control" for land uses in various established zoning districts for
permitted use, conditional use and permitted accessory use.
[Meridian City Code S 11-6-1.]
5.3 The "Zoning Ordinance" provides for a zoning District Map
where the zoning districts established by the ordinance are
shmvn. [iVleridian City Code ~ 11-6-1. J
5.4 The "Zoning Ordinance" provides for general procedures for the
initiation and process of zoning amendment applications
including notice and hearing procedures before the Planning and
Zoning Commission and the City Council. [Meridian City Code
ss 11-15-1 -- 11-15-6 .J
5.5 The General Standards Applicable To Zoning Amendments
include the following [ Meridian City Code s 11-15-11 J:
5.5.1 Will the new zoning be harmonious with and in
accordance with the Comprehensive Plan and, if not, has
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area included in the zoning amendment intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment intended to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
be developed in the fashion that would be allowed under
the new zoning ~ for example, a residential area turning
into commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been 'widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed rezone
areas;
5.5.5 Will the proposed uses be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use MIl not change the
essential character of the same area;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 \Nill the area be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
5.5.8 Will not create excessive additional requirements at public
cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
5.5.9 Will the proposed uses not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
5.5.10 Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
FINDINGS OF FACT Al"TD CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ.99-010
\vith traffic on surrounding public streets;
5.5.11 vVill not result in the destruction, loss or damage of a
natural or scenic feature of major imponance; and
5.5.12 Is the proposed zoning amendment in the best interest of
the City of i'v[eridian.
6.
\
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", 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.
Development Conditions:
7. The City is authorized by r.c. ~ 67-6511 A by the adoption of an
ordinance to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject parcel
which the City has enacted as a part of the "Zoning Ordinance" at Meridian City
Code S 11-15-12 and if the property is annexed and zoned Meridian City Code S 11-
16-4 A.
8. Since the annexation and zoning of land 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).
9. The development of the annexed land, if annexed, shall meet and
comply with the Subdivision Ordinances of the City of Meridian including, but not
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ~99-010
limited to: i\I[eridian City Code S 12-2-4 which penains to platting time schedules
and requirements; Meridian City Code S 12-4-13, which penains to the piping of
ditches; and Meridian City Code S 12-5-2 N, which pertains to pressurized irrigation
systems.
10. The\development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
I. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for November 16, 1999, which hearing was then continued to December 7,
1999, and again continued to December 21, 1999, the Annexation and Zoning
Findings were brought before the City Council at their January 4,2000, meeting and
tabled to January 18,2000, the matter was then re-noticed for public.hearing to
February 15,2000, and tabled to March 7, 2000, again the matter was re-noticed for
public hearing to April 4, 2000, and all in attendance were notified of said
continuations and/or re-notice of public hearing by the City Council action and the
first publication occurring and written notice having been mailed to property owners
or purchasers of record "vithin three hundred (300') feet of the external boundaries of
FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
POR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under
consideration more than one week before said hearing; and that copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; ind the matter having been duly considered by the City Council,
and the applicant, affected propeny 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 \vith all notice and hearing requirements set
fonh in Idaho Code ss 67-6509 and 67w6511, and Meridian City Code ss 11~15-5 --
11-15-6 and 11-16~1.
3. The City Council tal<es judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title II and Title 12, and
all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4. The property is approximately 150.79 acres in size. The property is
located east of Stoddard Road, south of Overland Road and is designated as the
proposed Bear Creek Subdivision, and described as follows:
A parcel of land lying in the E 'h of Section 24, Township 3 North, Range 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
\-Vest, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the southwest comer of the E 'h of Section 24, T. 3N., R.
1 W., B.i\tL, the REAL POINT OF BEGINNING of this description.
Thence N 00051'45" E 2656.10 feet along the west line of the E V2 of said
Section 24t being the centerline of S. Stoddard Road, to the southwest corner
of the NE 1/4 of said Section 24;
Thence N 00051'53" E 1881.43 feet along the west line of the NE 1/4 of said
Section 24 and the centerline of S. Stoddard Road to a point;
Thence S 89046'45" E 1706.88 feet to a point on the centerline of the Kennedy
Lateral, also being the northwest comer of Elk Run Subdivision;
Along the centerline of the Kennedy Lateral, and the westerly boundary of Elk
Run Subdivision and Elk Run Subdivision No.2;
Thence S OS005'50" W 290.43 feet to a point;
Thence S 05046'2211 W 496.02 feet to a point;
Thence along a curve to the left 163.76 feet, said curve having a delta angle of
46054'45", radius of 200.00 feet, tangents of 86.78 feet, and a long chord
bearing S 1 ]041'0111 E 159.22 feet to a point;
Thence S 41008'23" E 989.03 feet to a point;
Thence S 30037'30" E 139.10 feet to a point;
Leaving said centerline and boundary;
Thence S 32017'30" E 117.64 feet to a point on the north line of the SE 1/4 of
said Section 24;
Thence N 89027'0711 W 1177.57 feet along the north line of the SE 1/4 of said
Section 24 to the nonheast corner of the NW 1/4 of the SE l/4 of said Section
24;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
(
Thence S 00045'52" W 1076.81 feet along the east line of the NW 1/4 of the
SE 1/4 of said Section 24 to a point;
Thence S 85012'02" W 266.72 feet to a point;
Thence S 05032'58" W 422.82 feet to a point;
Thence S 00046'44" W 232.28 feet to a point;
\
Thence S 20010'06" E 113.21 feet to a point;
Thence S 29035'11" E 132.19 feet to a point;
Thence S 00012'0011 W 190.85 feet to a point;
Thence S 08035'44" E 203.05 feet to a point;
Thence S 04003'1211 W 266.88 feet to a point on the north right-of-way ofW.
VictorY Road;
~
Thence S 00038'53" W 25.00 feet to a point on the south line of the SE 1/4 of
said Section 24 and the centerline of W. Victory Road;
Thence N 89021'Or W 1145.51 feet along the south line of the SE 1/4 of said
Section 24 and the centerline ofW. Victory Road to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 154.03 acres, more or less.
5. The owner of record of the subject property is Theron Scott, Queenland
Acres, Inc. of 670 W. Victory, Meridian, Idaho.
6. Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho.
7. The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of various agricultural and residential uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
8. The Applicant requests that the propeny be zoned as Low Density
Residential RA.
9. The subject property is bordered to the north by Ada County
Residential, to the east by !v1eridian Elk Run Subdivision, funher to the east Ada
County Rural Trahsitional, with agricultural use to the south, and Ada County
Residential and to the west Ada County Residential, and the city limits of the City
of Meridian are adjacent and abut to the nonheast portion of the subject property.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
II. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: 326 single family residential lots, 31 common lots and one Meridian park
lot.
13. The Applicant requests zoning of the subject real property as R-4 Low
Density Residential which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as single family
residential.
14. The Public Works Director and Public Works Department are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
concerned with the City's ability to provide sanitary sewer service to this project.
They are additionally concerned on how to provide for a rational for che handling of
the City's funher growth in this region, particularly to the west of the project, in
that, 17 acres of the subject propeny are designated in the City's l'vlaster Plan to be
\
served by the Ten Mile Trunk Line to the sewer plant, and the remaining portion is
to be served by the yet to be developed Black Cat Trunk Sewer Connector. Even
though the "HYDRA Sewer Analysis" for this project, from the Planning and Zoning
and Public Works Departments, requested this project not be approved due to
concern 'With the ability of the City to approve future development which was to
rightfully be served by the Ten Mile Sewer Trunk, the Public Works Director did
testify, and the Council finds it is possible and feasible to sewer the subject parcel
presently through the Ten Mile Trunk. Line as proposed and the imposition of an
estimated $1,500.00 per lot trunk fee would help establish a base fund for the
development of the Black Cat Sewer Trunk., which 'Nill ultimately serve the major
portion of the subject property and the subject property and parcel is partially
designated to be served by the Ten Mile Sewer and the applicant is able to proceed
'With development.
IS. The City is in need of additional park land to serve the southwest region
of the City and its impact area. This proposed application includes the construction
",:' ......, .~!~..,. ~:. '...,. ....,-;.~,-.:...,_..: ,.,:~~ i.ln..." ;"""~",;l"r;"':c"1 ~ "").:":'!ersystemand
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FINDINGS OF FACT Ai'\JD CONCLUSIONS OF LAW - ~age 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC ' '
CASE NO. AZ-99-010
one parking lot and which is designated as Lot 1 18.62 acres "City of J'vIeridian Park"
on (he Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc.,
DWG, Date: 06/01199 ris, DWG No. 99021 1. PRE, Revision II-I 1-99, Sheet PRE, in
the companion application for Preliminary Plat PP-99-0 1 O. The Applicant has
\
expressed a desire'to donate this park to the public.
16. Persons owning parcels in the area of the proposed development voiced
concern with the traffic conditions on Overland, which is to the nonh and not
adjacent to the project. Meridian Road is to the east of the project and Victory Road
is south and adjacent to this proposed project. It is recognized by the City Council
that traffic is a concern but the same is under the jurisdiction and control of the Ada
County Highway District and the State Department of Transportation. With the
exception of Victory Road all such roads are designated as "Minor Arterials" as set
forth in Map 3 of the Transportation Component of the Meridian Comprehensive
Plan. The proposed plat, which is an accompanying application in Case No. PP-99-
010, designating access for ingress and egress to the proposed residential development
on Stoddard Road at three (3) separate locations, and Meridian Road at one location
through Elk Run Subdivision which is found to disburse traffic from the subject
propeny onto Victory Road, Overland and Meridian Roads, and there has been no
evidence produced by ACHD, or by any traffic study, which determines that the
existing roads could not handle the traffic of the proposed project.
FINDINGS OF FACT AND CONCLUSIONS OF L-'\v'! - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
17. The application is consistent with the Ivferidian Comprehensive Plan
Generalized Land Use Map which designates the subject propeny as Residential.
Funher, this proposed application is in conformance and consistent with the
follmving provisions of the Meridian Comprehensive Plan:
17.1 Goals, Page 5 of the Meridian Comprehensive Plan: Goals 2, 4, 5, 8,
and iO.
17.2 Land Use Residential Policies, Page 23 of the Meridian Comprehensive
Plan: Land Use Residential Policies: 2.2U, 2.3U, and 2.4U.
18. There are no significant or scenic features of major importance that
affect the consideration of this application.
19. Giving due consideration to the comment received from the
goverrunental subdivisions providing services in the City of Nferidian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed which restrict the use and development of the subject real property under
the R-4 zoning procedures.
20. It is found that if the developer pays for the requested improvement and
complies with the conditions set forth in these findings of fact, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
" CASE NO. AZ-99-010
21. It is found that the development considerations which 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, and with
\
the Comprehensive Plan and vvill 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, and can best be handled by requiring a development
agreement which contains development conditions as is set forth herein in the
Decision and Order.
DECISION .Al'l'D ORDER
NOW, THEREFORE, BASED UPON THE .A.BOVE AL'JD
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
150.79 acres to Low Density Residential (R-4) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation D.nd zoning of 150.79 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 of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
Resolution No. 158. The legal description for annexation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
3. O\vner and Developer are required to enter into a Development
Agreement, and such Development Agreement shall also include and contain the
\
conditions of development and use which govern the subject real propeny as follows:
3.1 Development, use and maintenance for single-family residences
and public recreational use in accordance .with Preliminary Plat,
Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG,
Date: 06/01/99 ris, DWG No. 99021 1. PRE , Revision 1l-1l~99,
Sheet PRE, in the companion application for Preliminary Plat pp.
99-010, except as is modified and conditioned by the City
Council in the platting process.
3.2 The ovmers of Lot I will construct a public park vvith a functional
irrigation system in accordance \vith the City Parks and
Recreation Department and Public Works Department
specifications and seed the same into grass and construct a
parking lot on the east side of said park for said park at the
location designated in Preliminary Plat, Bear Creek Estates
Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris,
DvVG No. 990211.PRE, Revision 11-1l-99, Sheet PRE, in the
companion application for Preliminary Plat PP-99-0 10 for Lot I
which is shown as 18.62 Acres "City of Meridian Park" therein.
The mvners of this Lot I have indicated their desire to donate
this Lot I to the public as a park.
3.3 The Developer shall pay for improvements to the Ten Mile Sewer
as set fonh to accommodate this development, that is 326 homes,
and required in the platting process. The Developer and the City
shall enter into a "latecomers" agreement wherein the cost of any
capacity created by the Developer in the Ten Mile Trunk Line
above that necessary to accommodate this development will be
collected from any "latecomer" developments who utilize that
capacity. Said agreement shall have a term of IS years. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA..TION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99~010
Developer shall pay an additional SlLm of $1 ,500.00 per lot which
sum shall be paid by the Developer in one lump sum in
connection 'vvith the recordation of each plat of the development
as and for a Trunk Construction Fee for the Black Cat Connector
which vvill eventually serve the subject propeny, which sum is
estimated to be the Developer's proponionate share of the total
cost of the Black Cat Connector. The City shall assess such
, additional sum in connection 'With the grant of a building permit
. for any and all residential lots vvithin the Black Cat Connector
service area, so that future developments shall be on the same
footing \vith applicant and will be assessed a connector fee.
3 ,I
.'-:i:
A decorative noncombustible fence 'Will be installed along that
portion of Lot 1 that borders the other lots. No gates in the
fence will be allowed between Lot 1 and the bordering lots.
3.5
Applicant shall coordinate with the Public Works Depanment
regarding the routing and sizing of sewer lines within the
subdivision in order to accommodate future sewer connections
upstream from the development. The City shall be responsible
for the cost of up sizing any sewer lines to accommodate future
sewer connections.
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-4) Low Density Residential
District ( Meridian City Code s 11-7-2 C).
5. Subsequent to the passage of the Ordinance provided for in
section 4 of this Order the engineering staff of the Public Works Depanment shall
prepare the appropriate mapping changes of the official boundaries and zoning maps
as provided in l'vleridian City Code S 11-6-1 in accordance \vith L~e provisions of the
FINDINGS OF FACT AND CONCLUSIONS OF lJ\.W - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
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 Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who
\
has an interest in real propeny which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
mer the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
Ig-r.&.-
By action of the City Council at its regular meeting held on the _
day of
~
.
,2000.
ROLL CALL
COUNCILIYfAN RON ANDERSON
VOTED a6J"-eJ-
COUNCILIv1A..N KEITH BIRD
VOTED $"---
COUNCILPERSON TAMMY deWEERD
VOTED -7-A..-
COUNCILIYfAN CHERIE McCANDLESS
VOTED$a.--
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
l'vlAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4-1 g -CO
VOTED
MOTION:
APPROVED: ~DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BJt&~,j~~
City Clerk . .
Dated:
msglZ:\ Work\M\Meridian 15360M\Bear Creek\AZFfCIs041100Revisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99~O 10
200DJN29 pr11:30
RECORDED - REQUE.S.T. .OF
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FEfj:.-cg-:- DEPUT~
ft:r i 0 0 0 5 0 7 6 9
i\OA CUUNTY RECORDER
J. O/WlD !1AVARRO
B01Sf.. !Oi\t-tO
CITY OF MERIDIAN
ORDINANCE NO. &18
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND
DIRECTING THE CLERIC OF THE CITY OF MERlDIAN TO FILE A CERTIFIED COPY OF
THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY
RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-
223 AND SECTION 63-2215.
BE IT ORDAINED BY THE :MAYOR AND THE COUNCIL OF THE CITY OF
MERlDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent
to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A parcel of land lying in the E V2 of Section 24, TO\.vnship 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southwest comer of the E 112 of Section 24, T. 3N., R. 1 W., B.M., the
REAL POINT OF BEGINNING of this description.
ANNEXATION AND ZONING ORDINANCE (Bear Creek AZ-99-010)- 1
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Ta.."X Commission of the State of Idaho
I, WILLIAlv1 G. BERG, JR., City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. 878
passed by the City Council of the City of Meridian, on the 20 f!:: day of J ~
;2000 , is a true and correct copy of the original of said document which is in the
care, custody and control of the City Clerk of the City of Meridian.
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STATE OF IDAHb,,.~ COu,m . 'f>~,.',,~
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County of Ada,
On this 1.{)1t day'. of ~, in the year '7,D0 D , before me,
0'Vletlo~ t? ~turv1ZV0 , a Notary Public, appeared
WILLIAM . BER , JR., knovvn or identified to me to be the City Clerk. of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
(SEAL)
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msg\Z:\Work\M\Meridian I 5360M\Bear Creek\CertificationOfClerkOrd
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
Thence N 00061'45" E 2656.10 feet along the west line of the E V2 of said Section 24,
being the centerline of S. Stoddard Road, to the southwest corner of the NE 1/4 of said
Section 24;
Thence N 00051'53" E 1881.43 feet along the west line of the NE 1/4 of said Section 24
and the centerline of S. Stoddard Road to a point;
Thence S 89046'45" E 1706.88 feet to a point on the centerline of the Kennedy Lateral,
also being the northwest corner of Elk Run Subdivision;
Along the centerline of the Kennedy Lateral, and the westerly boundary of Elk Run
Subdivision and Elk Run Subdivision No.2;
Thence S OS005'50" W 290.43 feet to a point;
Thence S OY46'22" W 496.02 feet to a point;
Thence along a curve to the left 163.76 feet, said curve having a delta angle of 46"54'45",
radius of 200.00 feet, tangents of 86.78 feet, and a long chord bearing S 17041'01" E
159.22 feet to a point;
Thence S 41008'23" E 989.03 feet to a point;
Thence S 30037'30" E 139.10 feet to a point;
Leaving said centerline and boundary;
Thence S 32017'30" E 117.64 feet to a point on the north line of the SE 114 of said
Section 24;
Thence N 89027'07" W 1177.57 feet along the north line of the SE 1/4 of said Section 24
to the northeast corner of the NW 1/4 of the SE 1/4 of said Section 24;
Thence S 00045'52" W 1076.81 feet along the east line of the NW 1/4 of the SE 1/4 of
said Section 24 to a point;
Thence S 8Y12'02" W 266.72 feet to a point;
Thence S 05"32'58" W 422.82 feet to a point;
ANNEXATION AND ZONING ORDINANCE (Bear Creek AZ-99-010)- 2
Thence S 000:4B44" W 232.28 feet to a point;
Thence S 20010'06" E 113.21 feet to a point;
Thence S 29035'11" E 132.19 feet to a point;
Thence S 00012'00" W 190.85 feet to a point;
Thence S 08035'44" E 203.05 feet to a point;
Thence S 04003'12" W 266.88 feet to a point on the north right-of-way ofW. VictOlY
Road;
Thence S 00038'53" W 25.00 feet to a point on the south line of the SE 1/4 of said
Section 24 and the centerline of W. Victory Road;
Thence N 89021 '07" W 1145.51 feet along the south line of the SE 1/4 of said Section 24
and the centerline ofW. Victory Road to the REAL POINT OF BEGINNING of this
description;
Said parcel of land contains 154.03 acres, more or less.
SECTION 2: That the above-described real property be, and the same is hereby
anne.:xed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Low Density Residential District (RA).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of
the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to
the terms and conditions of that certain Development Agreement by and between the City of
ANNEXATION AND ZONING ORDINANCE (Bear Creek AZ-99-010)- 3
.? -fA
Meridian and the 'owner of the land described in Section 1 dated the L.O - day of
Ji~
,1999.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in
a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein anne-xed, with the following officials of the County of Ada, State of
Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneouslv a
/
certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all
in compliance with Idaho Code g63-2215 and g50-223.
ANNEXATION AND ZONING ORDINANCE (Bear Creek AZ-99-010)- 4
PASgD BY THE GOUNCIL OF THE CITY OF MERlDIAN, IDAHO, this Zo-/!::- day of
d~ ,~2000~
.fA
APPROVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this 20 - day of
J~ ,~20oD.
d)~
STATE OF IDAHO,)
: ss.
County of Ada. )
On this Y!2 day of~ ' looO ,before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of
Meridian, Idaho, and who e.:'{ecuted the vvithin instrument, and acknowledged to me that
the City of Meridian e..,"Xecuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affLxed my official seal
the day and year first above written.
(SEAL)
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RECORDED. REQUEST OF
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ADA COUNTY RECORDER
J. DAVID NAVARRO
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CITY OF MERIDIAN
ORDINANCE NO. 677
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND
DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND
DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF
THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY
RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-
223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit;
A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section
5, T.3N., R.1E., B.M., Ada County, Idaho, and more particularly described as
follows:
Commencing at a point marking the Northeast corner of Section 5, T.3N., R.1E.,
B.M., Ada County, Idaho; thence South 0003 6'05" West along the Easterly boundary
of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE
1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING;
thence leaving said Easterly line North 89040'38" West, along the Southerly
boundary line of said NE 1/4, 372.00 feet to a point;
ANNEXATION AND ZONING ORDINANCE (AZ-OO-007)- 1
thence leaving said Southerly boundary North 00036'Osn East, 250.00 feet to a
point; \
thence~North 89040'37" West, 143.00 feet to a point;
thence North 00036'05" East, 50.00 feet to a point;
thence North 8904013]1' West, 105.00 feet to a point;
thence North 00036'05'1 East, 354.16 feet to a point on the Southerly boundary of
Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats
at page 3164 in the office of the Recorder, Ada County, Idaho;
thence South 89010'00" East along said Southerly boundmy, 620.00 feet to a point
on the Easterly boundary of said Section 5;
thence South 00036'05" West along said boundary 648.63 feet to the REAL POINT
OF BEGINNING.
Said parcel contains 7.73 acres, more or less.
SECTION 2: That the above-described real property be, and the same is hereby
annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridiml hereinabove described shall be zoned Limited Office District (L-O).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of
the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to
the terms and conditions of that certain Development Agreement by mld between the City of
ANNEXATION AND ZONING ORDINANCE (AZ-OO-007)- 2
2 1-1-
Meridian and the owner of the land described in Section I dated the 0 - day of
J /;VrJL
,
, 2000.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in
a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State of
Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a
certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all
in compliance with Idaho Code s63-2215 and s50-223.
ANNEXATION AND ZONING ORDINANCE (AZ-OO-007)- 3
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2ofi: day of
d~ ,20pO.
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APR.-ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,?u ~ day of
d~ ,2000.
STATE OF IDAHO,)
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County of Ada. )
On this~ day of ~ ' 2000, before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my ha~ld and affixed my official
seal the day and year first above written.
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ANNEXATION AND ZONING ORDINANCE (AZ-OO-007)- 4
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM, G. BERG, JR., City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. 877
passed by the City Council of the City of Meridian, on the 2v-r:!: day of .J~,
2000, is a true and correct copy of the original of said document which is in the care,
custody and control of the City Clerk of the City of Meridian.
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J'h~ t. ~1~ , a Notary Public, appeared
WILL G. BE , JR., la10Wl1 or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and aclmowledged to me that
he executed the same on behalf of the City of Meridian.
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MEMORANDUM
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CITY OF f\:Ei-(\uir\i\)
CITY CLERK OFHCE
To: William G. Berg, Jr.
From:
Subject:
Bear Creek Pre iminary Plat (PP-99-01O)
Date:
September 14, 2000
Will:
The original Preliminary Plat Findings were approved in this matter
back on June 20, 2000. Additional language needed to be placed within the Findings
and therefore, please find attached the Amended Findings for Bear Creek's
Preliminary Plat, Case No. PP-99-010. The amendment may be found on page 13 at
2.51, with an addition of a last sentence to that paragraph reading as follows:
"Drainage to any public park shall only be allowed as specifically
approved in writing by the Parks Director."
Therefore, please present these Amended Findings to Mayor Corrie to
obtain his signature. Mter you have executed the Findings please retain the original
and serve copies upon the Applicant, Planning and Zoning, Public Works and the
City Attorney.
If you have any questions pertaining to this matter please give me a call.
msglZ:\W or k\M\Meri dian 15360M\Bear Creek\B erg09 I 400. Mem
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
Amended 09N 14NOO
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR BEAR CREEK )
ESTATES SUBDIVISION BY )
BEAR CREEK, LLC1 MERIDIAN1 )
IDAHO )
)
)
Case No. PP-99-010
AMENDED
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 November 16,1999, and continued to December 7,1999, and
December 21, 1999, the Preliminary Plat Findings were brought before the City
Council at their January 4,2000, meeting and tabled to January 18,2000, the matter
was then re-noticed for public hearing to February 15, 2000 and tabled to March 7,
2000, again the matter was re-noticed for public hearing to April 4, 2000, at the hour
of 7:00 o'clock p.m., and appearing at the December 7, 1999, hearing were: Shari
Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Brad
Watson, Assistant to the City Engineer, appeared and testified, and appearing on
behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., and Greg
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 1
(
Johnson of Bear Creek Development, LLC, and also appearing were affected property
owners: Carolyn Darrington, Joan Atldns and Wilford A. Critell the matter was
continued to December 21, 1999, at which time Gary Smith, City Engineer,
appeared and testified, and then appearing on behalf of the Applicant were: Becky
Bowcutt of Briggs Engineering, Inc., and Joanne Butler, and also appearing and
testifying were affected property owners: Chris Yerrington and Carol Lotherage, and
continued until February 15,2000, and Shari Stiles, Planning and Zoning
Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and
testified, and appearing on behalf of the Applicant was Becky Bowcutt of Briggs
Engineering, Ine., and appearing and testifying with comments or concerns were: Tim
Hepper and Greg Johnson, and continued to April 4, 2000, and appearing and
testifying was Wilford Critell, and the City Council having received a report from
Shari Stiles, the Planning and Zoning Administrator, and the City Council having
received as part of the record of this matter the recommendation to City Council of
the Planning and Zoning Commission and the applicant having submitted the
Preliminary Plat Drawing designated as Lot 1 18.62 acres "City of Meridian Park" on
the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG,
Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, for Bear
Creek Estates Subdivision, submitted for preliminary plat approval and which
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 2
application is herein received and adjudged by the City Council pursuant to Chapter
3 of Title 12 Meridian City Code. Therefore, the City Council makes the following
findings:
FINDINGS OF FACT
I. That the proposed plat 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 in a
companion application the property is being considered for annexation and zoning as
Low Density Residential District (R-4), and requires connection to the Municipal
Water and Sewer System. [see Meridian City Code s 11-7-2 C.]
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December 21, 1993, Ordinance No. 629, for reasons as set
forth in Finding number 17 of the companion application for annexation and zoning
in Case No. AZ-99-0 I 0 which are herein adopted.
3. It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed plat is a continuity of the proposed development within
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 3
the City's Capital Improvement Program and if the conditions which are requested
by the Planning and Zoning Administrator and the 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 portions of the Recommendations 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 a
preliminary plat herein designated as: "Preliminary Plat, Bear Creek Estates
Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No.
990211.PRE, Revision 11-11-99, Sheet PRE, for Bear Creek Estates Subdivision by
Bear Creek, LLC.
8. The property is approximately 150.79 acres in size. The property is
generally located east of Stoddard and south Overland Road in Meridian, Idaho.
9. The owner of record of the subject property is Theron Scott, Queenland
Acres, Inc. of 670 W. Victory, Meridian.
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF, CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 4
10. The Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho.
11. The subject property is currently zoned Ada County RT Rural
\
Transitional. There is a pending application to annex and zone the subject property
Low Density Residential (R-4). The zoning of R-4 is defined in Meridian City Code
S 11-7-2 C.
12. The proposed site of the subject property is east of Stoddard Road
south of Overland Road.
13. The subject property is within the city limits of the City of Meridian.
14. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area which is defined in the
Meridian Comprehensive Plan.
15. The Applicant proposes to develop the subject property in the following
manner: construction and development of 326 single family homes, 32 common lots,
1 Municipal park with an entire gross density of 2.37 residential units per acre.
16. There are no significant or scenic features of major importance that
affect the consideration of this application.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 5
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
I,
I. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat,
Bear Creek Estates Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 ris,
DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, for Bear Creek Estates
Subdivision by Bear Creek, LLC, is hereby conditionally approved; and
2. The conditions of approval are as follows, to-wit:
Adopt the Ada County Highway District's Recommendations as follows:
2.1 Applicant shall dedicate 48-feet of right-of-way from the centerline of
Victory 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.
2.2 Applicant shall dedicate 35-feet of right-of-way from the centerline of
Stoddard 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.
2.3 Utility street cuts in new pavement less than five years old are not
allowed unless approved in writing by the District.
2.4 Applicant shall construct a non-circular turnaround at the terminus of
Silver Tip Way. Applicant shall provide District staff the written
approval of the emergency fire service for the area where the
development is located. Applicant shall submit a design of the
turnaround for review and approval by District staff.
2.5 Applicant shall construct Grizzly Drive off Stoddard Road between Lot
13, Block 14, and Lot 2, Block 19, approximately 1,250-feet north of
Victory Road. The road shall be designed with 21-foot street sections on
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) -6
(
either side of a center median. The median shall be constructed a
minimum of 4-feet 'Wide to total a minimum of a 100~square foot area.
Applicant shall dedicate 54-feet of right-of-way plus the additional
'Width of the median. Applicant shall coordinate the design of the
\
entrance 'With District staff.
2.6 Applicant shall construct Kodiak Drive off Stoddard Road between Lot
2, Block 14, and Lot I, Block 8, (proposed city park), approximately
2,400-feet north of Victory Road. The road shall be designed 'With 21-
foot street sections on either side of a center median. The median shall
be constnlcted a minimum of 4-feet 'Wide to total a minimum of a 100-
square foot area. The applicant 'Will be required to dedicate 54~feet of
right-of-way plus the additional 'Width of the median. Applicant shall
coordinate the design of the entrance 'With District staff.
2.7 Applicant shall construct Big Bear Drive off Stoddard Road between Lot
2, Block I, and Lot 1, Block 8, (proposed city park), approximately
3,500-feet north of Victory Road. The road shall be designed 'With 21-
foot street sections on either side of a center median. The median shall
be constructed a minimum of 4-feet 'Wide to total a minimum of a 100-
square foot area. The applicant will be required to dedicate 54-feet of
right~of-way plus the additional width of the median. Applicant shall
coordinate the design of the entrance with District staff.
2.8 Applicant shall construct Silver Tip Way off Stoddard Road between
Lot IS, Block 19, and Lot 27, Block 19, approximately SOO-feet north of
Victory Road. Submit a slope and sight distance data for the proposed
roadway intersection for review and approval by District staff.
2.9 Applicant shall construct center turn lanes on Stoddard Road for the Big
Bear Drive, Kodiak Drive, and Grizzly Drive intersections. The turn
lanes shall be constructed to provide a minimum of 100-feet of storage
with shadow tapers for both the approach and departure directions.
Applicant shall coordinate the design of the turn lane with District staff.
2.10 Applicant shall construct a center turn lane on Overland Road for the
Overland Road/Stoddard Road intersection. The turn lane should be
constructed to provide a minimum of 100-feet of storage with shadow
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 7
tapers for both the approach and departure directions. Applicant shall
coordinate the design of the turn lane with District staff.
2.11 Appli~ant shall provide a stub street to the north property line located
between Lot 14 and 15, Block 10, approximately 1,200-feet east of
Stoddard Road. Reconfigure the Highridge Way/Cub Court intersection.
Applicant shall coordinate the design of the intersection and location of
the stub street with District staff.
2.12 Applicant shall extend Calderwood Street into the site, from the east
property line to Highridge Way as a 41-foot street section with curbs,
gutters, and 5-foot wide sidewalks. Direct lot or parcel access to this
roadway shall be prohibited. Notes of the access restrictions should be
noted on the final plat.
2.13 Applicant shall provide a stub street to the east property between Lot 2,
Block IS, and Lot 33, Block 7.
2.14 Applicant shall provide a stub street to the east property line, located
between Lots 44 and 45, Block IS, of the proposed subdivision.
Applicant shall coordinate the location of the stub Street with District
staff.
2.15 Applicant shall construct 5-foot wide concrete sidewalk on Stoddard
Road within 2-feet of the new right-of-way abutting the parcel
(approximately 4,700-feet) prior to District approval of a final.
Applicant shall coordinate the location and elevation of the sidewalk
with District staff.
2.16 Applicant shall construct 5-foot wide concrete sidewalk on Victory Road
within 2-feet of the new right~of-way abutting the parcel (approximately
1,400-feet) prior to District approval of a final plat. Applicant shall
coordinate the location and elevation of the sidewalk with District staff.
2.17 Applicant shall construct two knuckles within the site, one off Kodiak
Drive between iots II and 14, Block 15, and another off Highridge
Way between Lots 2 and 5, Block 10. Applicant shall construct traffic
islands in the knucldes a minimum of 4-feet wide with a minimum area
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 8
of 100-square feet and designed to safely channel traffic. The roadway
around the traffic islands shall maintain a minimum of a 29~foot street
section. The designs shall be reviewed and approved by ACHD's
Planning and Development staff.
2.18 Applicant shall construct turnarounds at the terminus of Beartooth
Court, and at the southern terminus of Highridge Way. Applicant shall
construct traffic islands in the turnarounds a minimum of 4-feet wide
with a minimum area of 1 DO-square feet and designed to safely channel
traffic. Maintain a minimum of a 29-foot street section around the
islands. The designs should be reviewed and approved by ACHD's
Planning and Development staff.
2.19 Construct ACHD approved turnarounds at the termini of Cub Court,
Beartooth Court, Alaska Court, and Bear Claw Place. Applicant shall
submit designs of the turnarounds for review and approval by District
staff.
2.20 Any proposed landscape islands/medians within the public right~of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
2.21 Unless otherwise approved, Applicant shall construct all public roads
within the subdivision as 37-foot street sections with curb, gutter, and
4-foot wide concrete sidewalks within 50-feet of right-of-way.
2.22 The following street segments shall be designated as residential
collectors:
· Kodiak Drive, between Stoddard Road and Beartooth Court.
· Big Bear Drive, between Beartooth Drive and Stoddard Road.
· Grizzly Drive, between Beartooth Drive and Stoddard Road.
Parking shall be prohibited on these street segments. Applicant shall
Coordinate the signage plan with District staff.
2.23 Driveways to the city park shall be located off Big Bear Drive and
Kodiak Drive and aligned with Beartooth Avenue, to the north and
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 9
south respectively. The driveways shall be constructed as 24 to 30-foot
wide curb cut driveways.
2.24 The driveway into the parking area off Ice Bear Way shall be located 50-
feet from any public street intersection and constructed as a 24 to 30~
foot wide curb cut driveway. Applicant shall coordinate the location of
the driveway with District staff.
2.25 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
2.26 Other than the access points specifically approved with this application,
direct lot or parcel access to Stoddard Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
2.27 Direct lot or parcel access to Victory Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Meridian Fire Department's Recommendations as follows:
2.28 All roads will be installed before building is started with appropriate
street name signs.
2.29 Common areas will need to be kept clean of trash and weeds.
2.30 No parking of vehicles or trailers in cul-de-sacs or T-turnarounds.
Adopt the Central District Health Department's Recommendations as follows:
2.31 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.32 Run-off is not to create a mosquito breeding problem.
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 10
2.33
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.34
\
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Nampa & Meridian Irrigation District Recommendations as follows:
2.35 Requires all laterals and wasteways be protected.
2.35 All municipal surface drainage shall be retained on site.
2.36 If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
2.37 The Developer must contact the Nampa & Meridian Irrigation District
for approval before any encroachment or change of right~of-way occurs.
Developer must comply with Idaho Code S 31-3805.
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows;
2.38 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance 11-9-605.M.
Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No variances have
been requested for tiling of any ditches crossing this project.
2.39 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 5 -7 -517 . Wells may be used for non-domestic purposes such as
landscape irrigation.
2.40 Applicant shall provide 5' wide sidewalks in accordance with City
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLe. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-0IO) - II
Ordinance Section ll~9~606.B.
2.41 Applicant shall submit letter from the Ada County Street Name
Comn;littee, approving the subdivision and street names. Applicant shall
make any corrections necessary to conform.
2.42 Applicant shall coordinate fire hydrant placement with the City of
Meridian Public Works Department.
2.43 Applicant shall indicate on the final plat map any FEMA Flood Plains
affecting the area being platted, and detail plans for reducing or
eliminating the boundary.
2.44 The Gravity sanitary sewer service to this site at the time of
development shall at this time include at the applicant's expense and in
accordance with specifications of the Public Works Department a lift
station to pump those portions of the subject property designated to the
Black Cat drainage and all other portions as well into the Ten Mile
Drain, which will exist until a gravity sewer line can be extended and the
Black Cat Trunk is constructed to provide gravity flow to the
development. The applicant shall construct necessary improvements for
connections to the Ten Mile Trunk Line as required and in accordance
with the specifications of the Public Works Department in order to
connect the proposed developed to the Ten Mile Trunk which may
include parallel pipes, and the developer shall pay $1,500.00 per lot as
and for an assessment of a Black Cat Sewer Trunk Development Fee.
The Developer and the City shall enter into a "latecomers" agreement
wherein the cost of any capacity created by the Developer in the Ten
Mile Trunk Line above that necessary to accommodate this
development will be collected from any "latecomer" developments who
utilize that capacity. Said agreement shall have a term of 15 years.
2.45 Applicant has indicated a domestic well site on their preliminary plat
map. Further study will be required to determine the appropriate
location for a well site. Water service to this site will be via extensions of
existing mains installed in adjacent developments, as well as from the
new domestic well site within this development. Applicant will be
responsible to construct the water mains to and through this proposed
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 12
d~velopment. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
2.46 Two-~undred-fifty- and 100-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
2.47 Applicant has indicated that the pressurized irrigation system within
this development is to be owned and maintained by the Nampa &
Meridian Irrigation District.
2.48 A detailed landscape plan for the common areas, including fencing
locations, pathways and types of construction; shall be submitted for
review and approval with the submittal of the final plat map. Careful
coordination with the Parks Director is required for any park area
proposed to be dedicated to public use. A letter of credit or cash surety
will be required for the improvements prior to signature on the final
plat. A decorative noncombustible fence will be installed along that
portion of Lot 1 that borders the other lots. No gates in the fence will
be allowed between Lot 1 and the bordering lots.
2.49 Permanent non-combustible fencing is to be installed along the common
area lot line for the Ridenbaugh Canal. Fencing is to be in place prior to
applying for building permits.
2.50 S. Beartooth Court, and S. Silvertip Way exceed the maximum cul"de-
sac length allowed by Meridian City Ordinance. Applicant has indicated
in their statements of development features that variance applications
will be filed for these two cul~de-sacs as well as noncompliance with
block length standards. To this date, no variance applications have been
filed.
2.51 The preliminary plat map shows a drainage facility located in the
proposed "City of Meridian Park." These facilities shall be relocated
within the public right-of-way of S. Ice Bear Way. Drainage to any
public park shall only be allowed as specifically approved in writing by
the Parks Director.
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 13
2.52 Indicate the easement width for the Kennedy Lateral. Lots backing up
to the Kennedy iateral shall have their rear lot line set at the easement
line, unless an encroachment agreement is obtained from the Nampa &
Merid,ian irrigation District. If an encroachment is allowed, the rear lot
lines shall be set at the encroachment line.
2.53 The owners of Lot I will construct a park with a functional irrigation
system in accordance with the City Parks and Recreation Department
and Public Works Department specifications and seed the same into
grass and construct a parking lot on the east side of said park for said
park at the location designated in Preliminary Plat, Bear Creek Estates
S,-lbdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG
No. 99021 1. PRE, Revision Ilwll-99, Sheet PRE, which is shown as
18.62 Acres "City of Meridian Park" therein, upon acceptance by City
of said park. The owners of this Lot 1 have indicated their desire to
donate this Lot 1 to the public as a park.
By action of the City Council at its regular meeting held on the 20-/:!;:-dayof
~ ,2000.
ERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
C. \l1llllrfU/f
Departme t and lty Attorney. '.\\'.\\\\OF ME.r::~/III/
~ ,-,'\ ..t'l 'l,~" 'I,:"
6 ~ ~ '" .-J '/
By: Dated: .- 2/J - tJO ! (j (pr'.'?OR4~o"V %~
: SEAL ~
~ f?
Z:\Work\M\Meridian I 5360M\Bear Creek\PPFindingsAmended091400 -:;. _ Qc- "q; 0 .;:.'
\..:~1 a ,-3r lS\' ~';",../~
'1'1,\ OtP,J"':'f ""
"1111 ., i ~ ,'\\\,,,,
11"'J\~ an.\\
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-01O) - 14
JUN 2 0 2000
DELINQUENCY FOR TURN CITYOFMEUIDUiN
OFF SCHEDULED FOR 06/21/00
MAYOR: This is to inform you in writing, if you choose
to, you have the right to a predetermination hearing at 7:30
P.M. Tuesday, June 20, 2000, before the Mayor and City
Council to appear in person to be judged on the facts and to
defend the claim made by this City that your water, sewer
and trash bill is delinquent. You may retain counsel. This
service will be discontinued on June 21, 2000, unless
payment is received in full. Is there anyone present who
wishes to contest his or her water, sewer and trash
delinquency?
(No response.)
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the turn-off list is $25,452.96.
(
CITY OF MERIDIAN Delinquent Account List- council Page: 1
Standard Payment Customers Jun 20,2000 08:38am
Current Period: 06/30/2000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No " 3300101-7501201
Last pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2000 03/31/2000 02/29/2000 Date Amount Msg
33.0328.1 M ENTERPRISES INC 73.05 30.56 24.08 18.41 03/10/2000 6.48-
34.2730.1 ALVEREZ, ROSALIa 98.40 38.08 30.37 27.91 2.04 05/10/2000 30.00 - none
51.0050.1 AMYX FAMILY LIMITED 558.31 558.31 none
33.3572.1 ANDERSON, KATHY 101.79 38.08 63.71 05/03/2000 43.73 - none
51.2680.1 ANDON COMPANY 215.55 181.12 34.43 06/19/2000 181.12 - none
34.1160.1 APARICIO, STEVE & STACEY 132.30 91.53 40.77 04/25/2000 35.57 - none
69.1620.1 BACHMAN, MICHAEL L. 133.99 74.91 59.08 04/13/2000 90.91 - none
51.0694.1 BAILEY, PEGGY 64.96 27.91 29.14 7.91 05/08/2000 20.00 . none
74.2676.1 BAIRD, KAREN LEE 104.54 72.45 32.09 OS/23/2000 40.00 . none
69.0590.1 BAPTISTE, MONTGOMERY 233.79 85.17 83.94 64.68 05/08/2000 52.55 - none
33.1862.1 BARKER, JOHN 127.83 64.08 63.75 05/05/2000 130.46 - none
50.4024.1 BARNHART,ROBERT 144.04 107.24 36.80 04/10/2000 31.74- none
68.0256.2 BASURA. JOSEPH. 109.08 43.14 34.20 31.74 03/21/2000 27.91 -
42.3068.1 BAUDER,KEN 59.58 40.38 19.20 06112/2000 35.00 - none
68.0282.1 BAUMAN, REGINA 57.10 31.79 25.31 04119/2000 24.08 - none
74.3172.1 BENDER, ERIC & TREASA 121.20 32.67 38.82 49.71 04/03/2000 152.00 - none
46.0834.1 BENNETT, GREG 99.85 41.47 32.53 25.85 05109/2000 24.00 - none
46.0836.1 BENNETT. GREG 114.97 46.69 30.37 37.91 05109/2000 41.39 - none
74.2724.1 BISHOP. CALVIN 285.95 100.38 105.46 80.00 .11 04/12/2000 135.00 - none
33.2600.1 BLACKHURST,SCOTT 63.25 35.48 27.77 04110/2000 79.90 - none
33.4154.2 BOBKO. RAYMOND 117.43 102.60 14.83
51.0506.1 BOGGIS. CONNIE 57.67 26.71 27.94 3.02 06/02/2000 23.69 - none
74.3588.1 BRAINARD, ERIC 60.14 30.07 30.07 05101/2000 56.59 - none
51.0706.2 BRANDT. LORELI 222.43 60.08 58.69 103.66 05/17/2000 40.00 -
34.0420.1 BRENEMAN. JEFFERY 174.69 103.55 35.57 35.57 05/12/2000 78.80 - none
33.1852.1 BUNDY. DOYLE 110.27 81.13 29.14 05/08/2000 55.47 - none
42.2460.1 BURTON, JACK 188.77 115.57 45.29 27.91 04/12/2000 63.48 - none
34.1100.1 CALLISTER, BROCK 101.18 33.02 34.08 34.08 05/10/2000 27.91 - none
55.1002.1 CAMPBELL HEALTH CARE INV L' 684.22 322.96 361.26 04/21/2000 87.48 -
55.10001 CAMPB ELL HEALTH CARE INV L' 216.96 108.48 108.48 04/21/2000 87.48 -
74.3140.1 CAMPBELL. WAYNE 24.86 .78 24.08 04/25/2000 24.08 - none
34.1808.2 CARPENTER,DOUGLAS 92.06 55.42 36.64 04/12/2000 123.61 .
50.0354.1 CARSTENSEN, DENNIS 115.58 43.14 41.74 30.70 05/10/2000 30.00 - none
48.1610.1 CB FINANCIAL DEV. L.L.C. 1,870.86 554.73 580.42 388.92 346.79 04104/2000 1,482.50 -
33.2620.1 CECIL, ODETTE 185.22 67.35 57.02 80.85 05/17/2000 13.95 - none
42.2582.1 CHAPMAN, LORRI 130.86 94.50 36.36 OS/24/2000 30.21 - none
74.2532.2 CHILTON, BRYAN 117.47 58.78 58.69 05/1012000 72.00 -
69.0302.1 CLASSIC HOMES 48.16 24.08 24.08 04/26/2000 24.08 - none
51.0874.1 COLE, ORVILLE 49.45 26.57 22.88 04/17/2000 22.88 - none
74.3304.2 COMPARATO, BRYAN 75.69 31.44 32.67 11.56 OS/23/2000 32.67 -
74.3816.1 CORDELL. TODD 120.30 35.41 48.94 35.95 05/11/2000 40.00 - none
52.0170.1 CORYELL, EARL 43.44 24.08 19.36 03/27/2000 34.08 - none
33.3634.1 CRAWFORD. GREG 102.79 38.08 29.14 35.57 04/28/2000 24.08 - none
51.0998.1 CULVER, WALTER 93.43 35.60 26.54 31.29 OS/23/2000 35.57 - none
50.1368.1 CULVER, WARN V. 101.65 45.63 31.77 24.25 1210911999 200.00 - none
50.3734.1 CZARNECKI, CHERYL 120.11 83.59 36.52 05/08/2000 55.82 - none
74.3536.1 DAILY, ROBERT 121.15 36.64 46.64 37.87 05/10/2000 37.87 - none
42.2388.2 DALY. BERT 108.21 76.35 31.86 05/17/2000 210.00 -
64.0002.1 DARRELL WILSON CONSTRUCT 125.23 125.23 none
68.0102.1 DEGREGORY CAPITAL CORP 54.64 30.56 24.08 05/19/2000 24.08 - none
46.5000.1 DEVELOPERS DIVERSIFIED 96.11 53.92 42.19 05/16/2000 12.98 -
... in Msg column indicates no Notice is to be sent
\
CITY OF MERIDIAN Delinquent Account List- council Page: 2
Standard Payment Customers Jun 20,2000 08:39am
Current Period: 06/3012000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2000 03131/2000 02129/2000 Date Amount Msg
33.2528.1 DILlUO, THOMAS 105.11 41.77 31.60 31.74 04/06/2000 55.82 - none
51.3930.3 DMK INVESTMENTS L.L.C. 120.66 34.34 39.26 47.06 03/08/2000 24.08 -
42.1200.1 DOOLEY, DAVID & lESLlE 110.64 48.99 31.44 30.21 05/08/2000 34.04 - none
74.1062.1 DOTY, PAULINE & RON 85.19 27.94 26.71 30.54 05/09/2000 26.71 - none
51.4320.1 DOUBLE-D SERVICE CENTER 1,456.09 877.76 291.08 287.25 05/09/2000 275.76 . none
42.2618.1 DOUGLAS, LINDA 85.91 48.04 37.87 04/28/2000 41.70 - none
51.0698.2 DUEROCK, WALTER 75.93 24.08 27.77 24.08 04/1 0/2000 23.25 -
42.2598.2 EASTBURN,GARY 211.31 92.07 62.22 57.02 05/08/2000 53.19.
74.3370.1 ECHIPARE, DOMINADOR 124.84 46.64 40.33 37.87 05/17/2000 43.40 . none
48.1860.1 ECONO LUBE & TUNE INC., SCH 170.56 133.Q7 37.49 02/23/2000 123.41 . none
34.1898.1 EDINGER, REX S. 156.36 60.08 26.54 24.08 47.66 05/11/2000 60.00 - none
51.1324.1 ELKHORN ENTERPRISES INC 317.97 105.99 105.99 105.99
34.0592.1 ELLIS, TODD & DANA 217.03 125.86 81.41 9.76 05/31/2000 40.00 - none
46.5076.1 EM CONSTRUCTION 1 ,175.50 335.30 840.20 05/16/2000 415.85.
34.0504.1 ERICKSON, RONALD 133.00 74.84 24.08 34.08 03/15/2000 82.24 . none
74.2688.1 EVANS, STEVEN & KRISITE 96.80 39.12 34.20 23.48 05/09/2000 40.00 - none
74.3614.1 FACKRELL, THOMAS 99.24 32.67 36.36 30.21 05/09/2000 34.04 - none
34.1806.1 FAULKNER, FREDA 137.49 89.74 47.75 05/04/2000 121.39 - none
52.0250.1 FIRST SECURITY BANK 34.86 8.94 6.48 6.48 12.96 01/20/2000 6.48 - none
74.0406.1 FISHER, CASEY L 72.09 40.35 31.74 05/01/2000 63.48 - none
51.3990.1 FISHER, DANNY W 82.24 24.08 24.08 34.08 05/09/2000 24.08 - none
74.0350.1 FRANK, GARY E 120.80 40.77 44.46 35.57 04/05/2000 94.12 - none
50.3754.1 FRENCH, LAWRENCE 131.69 85.91 27.77 18.01 02104/2000 190.00 - none
69.1102.1 FULLER. NORM 52.73 27.77 24.96 10/25/1999 221.80 - none
74.1316.1 FULLER. NORMAN 123.12 13.68 13.68 13.68 82.08 10/19/1999 122.07 - none
42.1138.2 GARDNER, BRENDON 139.79 54.19 51.56 34.04 04/12/2000 79.57 -
34.0780.1 GAVIN. THEODORE 169.40 69.53 50.75 49.12 05105/2000 55.00 - none
69.1703.1 GLENCO INC. 199.24 88.67 40.50 70.07 09/24/1999 554.95 - none
33.0332.1 GLENN JOHNSON HOMES 78.72 30.56 24.08 24.08 05/16/2000 26.19 - none
35.0140.1 GLENN JOHNSON HOMES 43.31 30.56 6.48 6.27
35.0024.1 GLENN JOHNSON HOMES 57.60 30.56 20.56 6.48 05/16/2000 6.48-
35.0139.1 GLENN JOHNSON HOMES 50.12 33.96 13.86 2.30
69.0376.1 GRAYSON,GARY 93.04 43.09 45.55 4.40 03/30/2000 74.16. none
34.0382.1 GRIMM, ROBERT & TERRY 117.48 75.82 41.66 05/05/2000 50.00 - none
50.0286.1 HACKNEY. ANTHONY 82.41 34.25 24.08 24.08 03/29/2000 51.99 - none
34.3286.1 HALE, DEBBIE 35.20 17.60 17.60 05/0212000 280.84 - none
74.2582.1 HALE, RICK 80.71 34.99 36.22 9.50 03/14/2000 93.23 - none
51.0290.1 HALL, ROBERT 38.03 13.95 24.08 04/2012000 24.08 - none
74.1052.2 HAMIL TON. JACQU EL YN 60.62 24.08 36.54 04/1312000 79.46 -
42.3732.1 HANDLEY. JEREMY 129.23 79.23 48.15 1.85 05/1112000 80.78 - none
50.2416.1 HANSEN, KORY 111.07 66.77 44.30 06/1 2/2000 45.53 - none
51.0518.3 HARRELL, BRIAN 368.22 149.60 122.54 96.08 05/1012000 100.00 -
42.1820.1 HARRINGTON-BLACK, JODY 96.37 36.69 30.21 29.47 05/04/2000 52.25 - none
42.1988.1 HARRISON, MICHAEL 171.10 128.15 42.95 04/26/2000 27.91 - none
74.3528.1 HART, SHAWN 91.73 37.87 53.86 04/2012000 41 .70 - none
65.0276.1 HARTZ/MARTINDALE. SAM 78.72 30.56 24.08 24.08 03/2912000 48.16 - none
34.2910.1 HEINTZELMAN, AARON 93.65 48.20 45.45 04126/2000 62.00 - none
34.1542.1 HENRY, BRAD 55.25 41.91 13.34 0511612000 50.00 - none
33.2748.1 HODGES, ROCHELLE 54.64 30.56 24.08 OS/23/2000 24.08 - none
74.1226.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
74.1210.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
74.1214.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
74.1222.1 HOPE ARMS APARTMENTS 469.91 241.71 206.04 22.16 05101/2000 140.29 - none
74.1238.1 HOPE ARMS APARTMENTS 148.03 77.92 70.11 0510112000 79.01 . none
74.1234.1 HOPE ARMS APARTMENTS 139.56 67.52 67.52 4.52 05101/2000 67.52. none
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 3
Standard Payment Customers Jun 20,2000 08:39am
Current Period: 06/30/2000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2000 03/3112000 02129/2000 Date Amount Msg
74.1218.1 HOPE ARMS APARTMENTS 212.48 67.52 67.52 67.52 9.92 05/01/2000 67.52 - none
74.1178.1 HOPE ARMS APARTMENTS 178.00 77.78 82.70 17.52 05/01/2000 71.35 - none
74.1146.1 HOPE ARMS APARTMENTS 2,459.61 687.52 705.52 687.52 379.05 05/01/2000 67.52 - none
74.1150.1 HOPE ARMS APARTMENTS 129.16 67.52 61.64 05/01/2000 67.52 - none
74.1158.1 HOPE ARMS APARTMENTS 287.24 171.54 115.70 05/01/2000 79.01 - none
74.1162.1 HOPE ARMS APARTMENTS 317.94 186.86 131.08 05/01/2000 86.67 . none
74.1166.1 HOPE ARMS APARTMENTS 126.56 72.72 53.84 05101/2000 71.35. none
74.1154.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 . none
74.1174.1 HOPE ARMS APARTMENTS 252.67 128.94 123.73 05/01/2000 124.97 . none
74.1206.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
74.1182.1 HOPE ARMS APARTMENTS 179.01 88.04 90.97 05/01/2000 79.01 - none
74.1186.1 HOPE ARMS APARTMENTS 189.96 113.03 76.93 05/01/2000 67.52 - none
74.1190.1 HOPE ARMS APARTMENTS 238.77 136.82 101.95 05/0112000 75.18 - none
74.1198.1 HOPE ARMS APARTMENTS 300.56 140.71 146.86 12.99 05/01/2000 132.63 . none
74.1202.1 HOPE ARMS APARTMENTS 276.78 80.52 89.13 90.50 16.63 05/01/2000 90.50. none
74.1170.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 05/01/2000 67.52 - none
50.0226.1 HOWELL, JAMES 233.34 95.03 71.00 67.31 03/10/2000 217.39 - none
33.2652.1 HOWELL, KATHLEEN 138.90 55.44 37.89 45.57 05/08/2000 21.74 - none
34.2782.1 HULSE, TIM 95.12 54.49 40.63 05/09/2000 78.80 - none
65.0460.1 HUMPHREY, KELLY 70.63 42.86 27.77 04/1212000 93.73 - none
50.1606.1 INTEGRITY LLC 133.88 85.72 48.16 06/08/2000 48.16 - none
50.1486.1 INTERMOUNTAIN RENTAL 277.54 121.59 83.72 72.23 03/29/2000 72.23 - none
50.1018.1 JACOBS, JOHN 116.63 65.41 51.22 04/13/2000 40.96 - none
65.0464.1 JARVIS, DANIEL 115.64 64.75 50.89 04120/2000 97.95 - none
51.3082.1 JOHNSON PROPERTY MGMNT 111.72 29.86 34.70 23.08 24.08 04/19/2000 26.08 - none
42.3060.1 JOHNSON, MATHEW 94.58 36.55 27.61 30.42 05f1112000 40.00 - none
50.2354.1 JONES, LARA 114.42 42.05 36.80 35.57 05/10/2000 35.57 - none
34.0812.1 KAUTZ, KARL & LORRAINE 139.68 98.91 40.77 04/20/2000 41.46 - none
50.2116.1 KIRKMAN, T.R. & JAMIE 82.41 33.02 25.31 24.08 03/2312000 24.08 - none
34.0452.1 KLUM, ALLAN 245.03 245.03 none
74.0670.3 KNOLL, HARVEY 143.75 38.89 31.07 24.08 49.71
51.0766.1 KURDY, PATRICK 122.51 72.23 50.28 04/12/2000 205.54 . none
50.0676.1 LACASA LAVILLA 1,186.27 490.88 695.39 04/11/2000 444.24 . none
74.0426.1 LACY, GLORtA 64.15 36.38 27.77 04/25/2000 24.08 - none
50.1750.1 LACY, MEL 107.70 62.01 45.69 05/03/2000 42.80 - none
33.0108.1 LARSON, TIMOTHY 55.99 55.99 05/19/2000 25.00 - none
46.0108.1 LAWRENCE, WENDELL & KATHL 83.09 40.40 32.69 10.00 03/17/2000 121.92 - none
46.0816.1 LEATHAM, JARED 135.13 51.89 51.56 31.68 03/24/2000 110.00 . none
42.4046.1 LEMA, ADAM M. 68.17 42.86 25.31 04/13/2000 81.67 - none
50.0600.1 LESLIE CONSTRUCTION 75.79 40.40 24.08 11.31 04/13/2000 16.88 -
72.0208.1 LEWIS, PHILLIP 49.89 38.82 11.07 04/14/2000 59.19 - none
33.2278.1 LEWIS, RIK & CAROL 77.17 58.20 18.97 06/19/2000 65.00 - none
34.1754.1 LIEBERMAN, DAVID 232.59 112.33 57.88 62.38 04/03/2000 163.06 - none
50.2130.1 LIKES, JENNIFER 98.01 35.76 30.51 31.74 05f09/2000 31.74 - none
42.2520.1 LOCKYER, JEFFERY 12L66 64.17 44.16 13.33 05f1012000 40.00 - none
34.0814.1 LONGWORTH, ERIC 171.55 119.15 52.40 05/09/2000 128.59 - none
74.2840.1 MACHO, CRAIG & TAMMY 115.86 51.96 56.88 7.02 06/06/2000 50.00 - none
72.0190.1 MADISON, WILLIAM 94.32 32.67 31.44 3021 04/0312000 26.38 - none
55.1101.1 MAGIC VIEW HOA 24.30 24.30
74.2642.1 MANWARING, MARK 135.08 61.38 42.93 30.77 04/13/2000 50.00 - none
42.2332.1 MARIN, JOSE 130.19 93.55 36.64 04/19/2000 75.97 - none
34.1472.1 MARKHAM, RON 72.30 35.62 36.68 04/1212000 83.73 - none
50.2424.1 MARTS, DEBI 64.46 35.62 28.84 06/0112000 27.91 - none
34.0994.1 MASON, DREW & VICKIE 108.73 77.60 29.14 1.99 05/1812000 60.00 - none
42.2022.1 MAXFIELD, GERALD L. 107.88 70.32 37.56 06/0912000 20.00. none
.., in Msg column indicates no Notice is to be sent
l
'cc
CITY OF MERIDIAN Delinquent A=unt List. council Page: 4
Standard Payment Customers Jun 20,2000 08:39am
Current Period: 06130/2000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2000 03/31/2000 02129/2000 Date Amount Msg
46.0512.2 MCCLAIN, TROY 85.34 51.73 33.61 0510312000 40.00 -
68.0098.1 MCGILVERY, BELINDA 160.96 71.55 51.54 37.87 05/10/2000 53.19 - none
33.2402.1 MCPHERSON, JO ANN 86.53 41.00 45.53 05/30/2000 100.00 - none
74.2636.1 MEAD, CHRIS 84.39 51.42 32.97 OS/25/2000 31.74 - none
50.3726.1 MEATTE, NICKlE 151.60 75.40 40.63 35.57 05/08/2000 35.57 - none
34.0968.2 MEHOLCHICK, VICKY 111.49 87.82 23.67 06/07/2000 75.00 -
33.2538.1 MENDOZA, GEORGE & ELlZABE" 65.71 35.48 30.23 05/0212000 47.81 . none
52.1100.1 MERIDIAN SPEEDWAY 449.62 254.34 192.60 2.68 03/24/2000 425.21 - none
50.3800.1 MEYERS, SHEILA 121.39 69.39 52.00 04/14/2000 139.69 - none
42.0374.2 MILLER, LARRY 147.76 82.22 31.46 34.08 03/15/2000 88.93 -
64.4050.2 MITCHELL, RANDY 95.03 56.65 38.38 05/31/2000 20.00 -
34.0904.2 MOLENAAR, DIANA 178.20 135.39 42.81 05101/2000 14.75.
34.1540.1 MONTEFERRANTE, MICHELLE 90.51 42.86 24.08 23.57 05109/2000 27.00 . none
46.0222.1 MOORE, KEVIN & LISA 136.89 50.66 46.80 39.40 .03 05/08/2000 30.00 - none
42.1990.1 MOORE, LARRY 436.41 167.26 269.15 04/13/2000 326.00 - none
74.2496.1 MORRIS, ROCKY 146.15 56.46 44.16 45.53 05/10/2000 38.10 - none
74.0026.1 MORTON, MERRllEE PARK 174.79 56.09 54.86 63.84 05/19/2000 30.00 - none
74.2666.1 MOSER, CAROLYN 84.88 50.31 34.57 05/19/2000 45.00 - none
34.1686.1 MURPHY, JACK 114.24 80.04 34.20 04f18/2000 63.48 - none
51.0482.1 MURRAY, SONORA MURRAY 71.97 32.83 39.14 04/13/2000 83.73 - none
51.0450.1 MURRI'S ELECTRONICS 195.12 65.04 65.04 65.04 05108/2000 65.04 - none
50.1328.1 MUSSELL, TIM 579.87 320.49 259.38 04/25/2000 255.55 - none
68.0086.1 NEITZEL. KENNETH & HEIDI 173.98 64.31 64.14 45.53 05/04/2000 45.53 - none
50.2150.1 NELSON, RYAN & JILL 190.42 116.94 41.74 31.74 04/12/2000 67.31 . none
51.4110.1 NESMITH, STEVEN 82.80 38.94 43.86 05/0112000 42.49 . none
69.0152.1 NIELSON, CRAIG 112.81 54.56 58.25 05/1212000 67.70 - none
51.3430.1 OVERTON, DAVID C 53.69 37.75 15.94 05/3012000 50.00 . none
50.3898.1 OWEN, KEVIN 119.59 56.67 39.12 23.80 05/1112000 40.00 . none
64.0040.1 PATRICK NOLAN 54.64 30.56 24.08 05/0212000 12.96.
46.0240.1 PATTERSON,RYAN 260.97 260.97 03/2212000 50.00. none
34.0896.1 PERIN. LOA L. 156.91 94.80 34.20 27.91 03/1312000 106.71 - none
69.0214.1 PERRY, DAN & LORI 64.71 31.74 32.97 04/2812000 39.05 - none
74.2616.1 PETERSON, NOEL & MARTA 95.66 39.91 33.76 21.99 04/1212000 65.00 - none
42.3086.1 PLEW, KEVIN 96.70 56.51 40.19 05/1712000 37.87 - none
50.2402.1 POWELL, RANDY 116.13 63.38 49.52 3.23 06/1912000 40.00 - none
74.3518.1 PRINDLE & PRINDLE CONSTRUe 44.67 24.08 14.11 6.48 03/20/2000 2.68 -
50.1924.1 R.B.R, LLC. 59.24 32.86 26.38 04/10/2000 26.38 - none
68.0318.1 RAIL, JOHN 60.79 34.25 26.54 04/10/2000 24.08 - none
50.1380.1 RAYMOND, CHACE 69.04 37.76 31.28 05/01/2000 62.56 - none
33.4578.1 RHINEHART, DOUG & MARY 111.84 84.96 26.88 05/19/2000 35.00 - none
42.2138.1 RICE. JAMES P. 194.49 109.71 84.78 04/20/2000 83.83 - none
42.1844.1 RIVERA. REGENA 149.51 58.97 46.50 44.04 05111/2000 75.74 - none
50.0256.1 ROBBINS, ELLEN 68.73 39.45 29.28 04120/2000 24.08 - none
51.3300.1 ROBERTS, DAVID 84.70 26.54 24.08 34.08 03115/2000 82.24 - none
34.1982.1 RODRIGUEZ, RODGER 196.20 125.44 50.08 20.68 05115/2000 80.00 - none
50.0072.1 ROE, JEROME W 73.11 49.01 24.08 .02 04114/2000 90.00 - none
74.3090.1 ROGERS, WAYNE & SUSAN 88.23 27.61 26.54 34.08 05108/2000 24.08 - none
50.0148_1 RON SMITH CONSTRUCTION 47.04 30.56 10.00 6.48
50.0146.1 RON SMITH CONSTRUCTION 47.04 30.56 10.00 6.48
42.2404.1 ROSE, PHOEBE 118.09 55.30 34.06 28.73 05104/2000 30.00 - none
74.2708.2 ROSS, EUGENE 508.77 390.76 57.16 60.85 05/1212000 74.10 -
33.2616.1 SAILORS. GREG 84.98 52.03 32.95 05/31/2000 63.51 - none
69.0776.1 SANDMEYER, ERIC & DAWN 46.60 26.38 20.22 04/19/2000 89.14 . none
33.2324.2 SAUNDERS, KELLEY 95.11 50.80 44.31 0611212000 25.00 -
34.1078.2 SAVELBERG, DOYLE 62.94 37.94 25.00 0511212000 25.62 -
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 5
Standard Payment Customers Jun 20,2000 08:40am
Cu rrent Period: 0613012000
Delinquent Minimum of $ 10.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2000 03/31/2000 02/29/2000 Date Amount Msg
74.0382.1 SCHILD HAUER, YOLANDA 101.62 31.74 34.20 27.91 7.77 04/10/2000 50.00 - none
34.2122.1 SCHMIDT, GLEN 139.41 57.76 53.74 27.91 05/10/2000 29.64 " none
65.0662.1 SCHMIDT, JAMES 70.53 37.92 30.21 2.40 OS/24/2000 30.41 - none
74.3170.2 SCHNEIDERMAN, MATTHEW 82.90 26.38 31.30 25.22 05109/2000 30.00 -
42.3050.1 SCHOLZ, LESLIE 115.35 56.65 41.56 17.14 05/10/2000 50.00 - none
34.2144.1 SCHRANK, THOMAS A 209.62 121.92 87.70 05/31/2000 109.29 - none
69.2262.1 SEDILLO, JOE 173.16 66.74 59.36 47.06 05/10/2000 57.06 - none
69.0962.1 SHADOW MOUNTAIN CONSTRU' 48.16 24.08 24.08 05108/2000 19.78 -
74.2758.1 SHIELDS, JOHNNY 122.64 39.24 41.70 41.70 05/08/2000 37.87 - none
46.5002.1 SHOPKO STORES IN #169 2,181.94 1 ,352.61 829.33 04/28/2000 869.33 -
74.3096.1 SIGMOND, SERGIO 96.93 37.87 37.87 21.19 05/09/2000 50.00 - none
74.2824.1 SMITH, JEROMY 85.31 47.43 32.67 5.21 06105/2000 8.49 - none
50.0012.1 SMITH, PAUL H. 167.98 64.89 48.57 54.52 05/10/2000 50.00 - none
33.0052.1 SNAKE RIVER FOODS 2,689.07 1,257.96 725.13 705.98 03/2212000 705.98 - none
51.3202.1 SPENCER, BERTON R. 58.28 31.60 26.68 04/05/2000 59.65 - none
51.3280.1 STENSON, VIRGINIA 305.59 137.60 167.99 none
74.2844.1 STEWART, DANIEL 95.98 49.22 46.76 04/04/2000 140.42. none
65.0376.1 STOKES, RON 123.35 38.22 85.13 04/11/2000 100.00 - none
51.4030.1 TATES RENTS 48.16 24.08 24.08 04/05/2000 48.16 - none
50.1020.1 TECO INVESTMENTS 122.77 51.89 46.80 24.08 05/08/2000 77.53 - none
33.0056.1 TEL-CAR INC. 312.26 211.94 100.32 05/10/2000 219.79. none
34.0688.1 TEMPLIN, CLARISA 92.77 55.16 37.61 03/29/2000 102.43 - none
74.1114.1 THATCHER, TIMOTHY 129.55 40.63 41.86 47.06 05108/2000 43.23 - none
74.3114.1 THOMAS, DANA 62.88 30.21 32.67 04/28/2000 30.21 - none
34.1550.1 THOMPSON, HARRY 36.13 26.13 10.00 02/22/2000 86.22 - none
46.0210.1 TODD, JEFF 110.78 44.07 32.67 34.04 05/10/2000 30.21 - none
74.2520.1 TOLAND, DAVID 110.68 41.28 35.13 34.04 .23 03/14/2000 93.00 - none
40.0250.1 TOMICH, LONNY 107.19 43.14 31.74 32.31 05/05/2000 45.00 - none
34.0516.1 TOMORROWS HOPE SATELlTE 414.98 182.36 108.65 123.97 03/20/2000 97.16 - none
34.0953.1 TRACT HOMEOWNERS ASSOCII 396.90 361.26 35.64 12/01/1999 1,016.56 - none
51.0302.3 TWOMEY, MATTHEW 35.31 24.08 11.23
34.2104.1 TYLER, HEIDI 157.33 72.96 35.57 48.80 05/19/2000 40.00 - none
52.0263.1 UNDER THE ONION 115.02 38.88 76.14 12115/1999 330.64 - none
74.2876.1 USSERY, TRACY 178.72 60.85 60.85 57.02 05/10/2000 57.02 - none
74.2476.1 VALDEZ, BRIDGETTE 62.60 36.22 26.38 05/31/2000 39.91 - none
51.4010.1 VAN HOUTEN, ROBERT 114.16 74.08 40.08 05/01/2000 255.12 - none
42.0324.1 VINES, MARK 134.85 49.27 47.71 37.87 05/09/2000 37.87 - none
33.4518.1 WALBRIDGE, RAYMOND 78.01 50.24 27.77 05101/2000 151.93 - none
34.0488.2 WALSH, RON 137.27 107.38 29.89
52.1076.1 WELLS FARGO BANK 173.12 86.56 86.56 04/18/2000 86.56 . none
69.2298.1 WESEMAN, DIANE 153.81 63.98 44.30 45.53 05/08/2000 41.70. none
74.2638.1 WEST. LARRY 72.24 24.08 24.08 24.08 05/11/2000 26.38 - none
33.2392.1 WIDMAN, WENDY 181.11 135.00 46.11 04/24/2000 31.74 - none
34.2706.1 WIECHMANN, KURTIS & MIKYON 50.91 38.08 12.83 05/30/2000 20.00 - none
74.0356.1 WILSON, DEANA 107.38 46.92 50.77 9.69 05/17/2000 50.00 - none
33.3662.1 WILSON, RANDY 79.80 44.37 35.43 06/01/2000 42.00 - none
34.1954.1 WINGATE, DIANE 137.03 63.89 35.27 37.87 05/1212000 34.04 - none
69.0778.1 WOOD, BRADLEY 60.14 33.76 26.38 04/12/2000 96.80 - none
33.2382.4 YAMAMOTO, KRISTINE 52.68 42.05 10.63
74.0372.1 YELTON, LAURA 106.66 38.03 39.26 29.37 04/28/2000 35.00 - none
50.3740.1 YOUNG,DARON 170.97 119.12 27.77 24.08 05/12/2000 24.08 - none
50.4008.1 YOUNGBLOOD, JON 156.72 97.40 59.32 04/19/2000 229.27 - none
51.3320.1 ZIMMER, TIMOTHY P 74.70 26.54 24.08 24.08 03/15/2000 82.50 - none
33.3570.1 ZOELLER, KATHRYN 153.13 37.94 24.08 24,08 67.03 05/10/2000 55.08 - none
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN
Delinquent Account List- council
Standard Payment Customers
Current Period: 06/3012000
Delinquent Minimum of $10.00 compared to Delinquent Balance
Page: 6
Jun 20,2000 08:40am
Cust No
Name
Grand Totals:
Balance
Non-Delinq
03/3112000
02129/2000
Last Pmt
Date
Last Pmt
Amount
Msg
04/30/2000
Report Criteria:
Terminated customers not included
Customer.Cust No" 3300101-7501201
47,960.15
22,507.19
16,519.69
6,393.59
2,539.68
.,. in Msg column indicates no Notice is to be sent
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
1,
USE PElUvlIT FOR
DEMOLITION OFEXISTING
AUTO GARAGE AND
CONSTRUCTION OF 2-STORY
RETAIUOFFICE IN OT ZONE,
LOCATED AT LOTS 17, 18, 19
AND 20, BLOCK 5, MERIDIAN
TOWNSITE, MERIDIAN,
IDAHO
COLE ASSOCIATES,
APPLICANT.
06-15-00
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-00-023
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
. The above entitled conditional use pennit application having come before
the City Council on June 6, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and
the ParIes and Recreation Director, Tom Kuntz, appeared and testified, and appearing on
behalf of the Applicant were Stan Cole and Gary Benoit, and tlle City Council having duly
considered the evidence and the record in this matter and the Recommendations to City
Council issued by the Planning and Zoning Corrunission who conducted a public hearing
and the Council having heard and taken oral and "Written testimony, and having duly
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP -00-023 )
- 1
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order tOMwit:
FINDINGS OF FACT
\
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for June 6, 2000,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
June 6, 2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the plarming 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 s67M6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
- 2
3. This proposed development request is in Old Town (O-T), by reason of the
provisions of the Meridian City Code S 11-17-4, a public hearing was required before t1le
City Council on this application.
1
4. The property is located at 1st and Pine, legally described as Lots 17, 18, 19
and 20, Block 5, Meridian Townsite, Meridian, Idaho.
5. The owner ofrecord of the subject property is Stewart - Laney-Benoit of Boise.
6. Applicant is Cole Associates Architects of Boise.
7. The subject property is currently zoned aT. The zoning district of aT is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-
21.
8. The proposed application requests a conditional use permit for demolition
of existing auto garage and construction of 2-story retaiVoffice, The aT zoning
designation within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
II. The Meridian City Council recognizes the Meridian Planning and Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
- 3
Commission's concerns of Mr. Champion dated May 9,2000.
12. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
,
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense upon
the public if the following conditions of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
Adopt the recommendations of Planning and Zoning and Engineering staff as follows:
13.1 Off-street parking shall be provided as modified in the variance which was
granted to Applicant, in Case No. V AR-00-008, by the City Council on June
6, 2000, and in accordance with Americans with Disabilities Act (ADA)
requirements.
13,2 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section 1 1-13-4.C.
13.3 Sanitary sewer and water to this facility would be via existing service lines.
Assessments for sewer and water service are determined dLUing the building
permit application process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. An assessment agreement
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
- 4
is a vehicle that protects the City of Meridian and the Developer in the
event that estimated assessments arc not in line with actual usages. The
agreement provides for reimbursement to the developer for over payment of
assessments and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
histoT\cal usage.
13.4 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
13.5 Applicant shall coordinate the location and construction requirements of the
required trash enclosure with Meridian Sanitary Service, Inc., and provide
a letter of approval from their office when applying for a Certificate of
Zoning Compliance. All trash areas are to be enclosed by a screening fence.
13.6 Submit a letter of plan approval from Ada County Highway District when
applying for a Certificate of Zoning Compliance.
13.7 All required deciduous trees are to be a minimum of 3" caliper at the time
of planting; any conifer trees are to be a minimum of 6~8' at planting.
13.8 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
13.9 No signage has been proposed, and none is approved with this application.
All signage will be subject to design review and require separate permits.
Temporary signs, banners, flags, etc., will be specifically prohibited.
13.10 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. The current applicant is shown to be the architect.
Cole Associates. The applicant should be the owner of the property
(Laneyland). Transfer of the conditional use permit will need to be
submitted and approved by the Zoning Administrator for any new
owners/tenants.
13.11 Any outdoor seating areas need to be defined for review as a part of this
application. Pedestrian walkways (minimum width of five feet) associated
. with any outdoor seating areas need to be provided on the applicant's own
property. This may entail reduction in size of the building. The patio will
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIljOFFICE
(CUP-OO-023)
- 5
be allowed in the vacated area. There needs to be 81 of alleyvvay which will
be covered with pavers. An easement will be created at the existing alleyvvay
for sewer etc and maintain the existing flow of traffic in the alleyvvay and to
work closely with ACHD in this respect.
13.12 The e4isting alley is proposed to be vacated. One~half of the alley (eight feet)
would go to the subject property, the other half would revert back to the
City of Meridian to be included as part of the expanded Generations Plaza.
The current site plan shows the encroachment of an awning over the future
property line. This needs to be modified to prevent such encroachment.
13.13 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
No drainage shall be diverted to City of Meridian property.
13.14 Applicant is proposing to vacate a portion of the alley. The City has an
existing sewer main in this alley. If the alley is vacated, the applicant would
be required to provide an easement to the City for maintenance of this line.
The easement agreement shall include provisions that, should the sewer line
need to be repaired, all costs to replace improvements on applicant's
property will be borne by the applicant.
13.15 The lacle of windows on portions of the east side of the building seems to
detract from the overall project. The Planning & Zoning COlmnission should
state their design criteria concerns and make recommendations to the
applicant. Also, please provide a south elevation, as this design should
receive particular attention due to its adjacency to the City's Generations
Plaza. North side of east elevation, the applicant will create some sort of
symmetry for the building to achieve an aesthetically pleasing appearance.
13.16 To prevent confusion with City-owned facilities, the project should be
named something other than Generations Plaza.
13.17 Maintain the existing flow of traffic in the alleyvvay; work closely with
ACHD on the same.
There are many issues to be considered with this project. Staff considers two of the most
significant issues the lack of parking and redirection of the one-way alley.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
- 6
One school of thought on the parking issue is that surface parking lots are an inefficient,
unsightly, and counterproductive use of space in the downtown core and result in lower
densities. They contribute to more automobiles in the downtown core searching for
parking. This creates -a less inviting environment for pedestrians seeking to use the
downtown core to socialize, recreate, shop and work. Whenever possible, opportunities
should be explored to replace surface lots with pedestrian friendly parks, plazas, outdoor
eateries and shopping courts to enhance the overall appeal and vitality of our downtown.
The City's current parldng requirements reflect the dependence on the automobile. The
applicant has indicated a willingness to ask employees to park in an area other than the
adjacent surface parldng lot. However, this requirement can also cause problems in
recruiting prospective tenants and employees due to the inconvenience. Some jurisdictions
actually have a maximum amount of allowable off-street parldng.
Other business owners in the downtown core are understandably concerned about tlle lack
of parldng. Paisano's Restaurant received a variance from the off-street parldng
requirements. The City needs to explore parking alternatives/solutions, which could
include the following:
. Fanning an assessment district that could charge individual properties based on
required vs. provided parldng spaces (e.g., for every space the applicant do~s not
provide, the applicant would pay a set fee).
. Provide periphery parldng lots/parldng garage with a shuttle service to the
downtown area
. Impose time limits on all downtown parking which would require employees to
park elsewhere.
. SigIlage to direct shoppers to alternate parldng sites.
As for the one-way alley issue, the Meridian Fire Department and Police Department need
to seriously consider this option and the consequences related thereto. Specific design
criteria needs to be established to facilitate adequate turning radii and signage.
Adopt the Recommendation of the Meridian Fire Department as follows:
13.18 Applicants shall satisfy all fire code requirements including those pertaining
to water flow and fire hydrants.
13.1 ~ Fire sprinkler systems will need to be approved by Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAII../OFFICE
(CUP-OO-023)
- 7
Adopt the Recommendation of the Central District Health Department as follows:
13.20 Applicant shall submit plans for review for a food establishment.
Adopt the Recommendation of Sanitary Services as follows:
,
13.21 The dumpster enclosure and gates are too small. This complex would
generate approximately 3 yards of waste per week, 21 to 25 cans per week.
Adopt the Recommendations of the Ada County Highway District as follows:
13.22 Replace unused curb cuts on E. 17 Street and Pine Street with standard
curb, gutter and concrete sidewalk to match existing improvements.
13.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine
Street with new curb, gutter and/or concrete sidewalk to match existing
improvements. Segments to be replaced shall be determined by ACHD
Construction Services staff.
13.24 No access points to E.1st Street have been proposed and none are approved
with this application.
13.25 Locate the approach to the entrance only alley on Pine Street approximately
IOO-feet east of E. V Street. Construct the approach as a 20-foot wide curb
return with IS-foot curb radii. Sign the alley for entrance only. Coordinate
signage plan with District staff.
13.26 Pave the new north/south alley 20-feet wide through the site to District
standards. Dedicate 20-feet of right-of-way for the new alley through the
parcel.
13.2 ~ If the alley is vacated along the south property line the applicant shall be
required to close the alleylE. 1st Street approach with curbs, gutters, and
sidewalks to match the existing improvements. Coordinate the alley vacation
with the District's Right-of-Way staff.
13.2$ Other than the alley access specifically approved with this application, direct
lot or parcel access to Pine Street is prohibited.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
- 8
13.29 Applicant shall be required to build the sidewalk on the south side of the
vacated alley.
14. The proposed uses within the subject application will be harmonious
with and in accord,\nce with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
14.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial" .
15. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
16. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
17. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
18. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
. 9
i.
\
19. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
\
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.c. &67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment of
a P1arming and Zoning Commission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I,
Meridian City Code.
3. .As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to detennine prior to granting the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIL/OFFICE
(CUP-OO-023)
-10
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code S 11-17 -3)
a. Will, in fact, constitute a conditional use as determined by City policy;
\
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance; .
c. Will be designed, constnlcted, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e, Will be served adequately by essential public facilities and selVices such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such selVices;
f. . Will not create excessive additional requirements at public cost for public
facilities and selVices and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, aCtiVItIes, processes, materials, equipment and
conditions of operation .that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in Old Town (O-T), a public
hearing shall be conducted with notice to be published and provided to property owners
or purchase~s of record within three hundred feet (300') of the exten1al boundaries of the
land under consideration for the conditional use permit all in accordance with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
-II
provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development
Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council,shall follow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have one
public hearing which shall be held before the Planning and Zoning Commission;
and after the recommendation of the Commission is made, the application shall
go before the City Council without a public hearing and the Council may approve,
deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Meridian City Code S 11~17~6)
7. When the City Council approves a conditional use pennit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
- 12
E. Designate the exact location and nature of the development;
F. Require the provision for on"site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4,1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use permit for
demolition of existing auto garage and construction of 2-story retaiVoffice, subject to the
following conditions of use and development:
Adopt the recommendations of Planning and Zoning and Engineering staff as follows:
1.1 Off"street parking shall be provided as modified in the variance which was
granted to Applicant, in Case No. V AR"00"008, by the City Council on June
6, 2000, and in accordance with Americans with Disabilities Act (ADA)
requirements.
1.2 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section I 1-13"4.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP .00-023)
-13
1.3 . Sanitary sewer and water to this facility would be via existing service lines.
Assessments for sewer and water service are determined during the building
permit application process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. An assessment agreement
is a vehicle that protects the City of Meridian and the Developer in the
event ;that estimated assessments arc not in line with actual usages. The
agreenlent provides for reimbursement to the developer for over payment of
assessments and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
1.4 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
1.5 Applicant shall coordinate the location and construction requirements of the
required trash enclosure with Meridian Sanitary Service, Inc., and provide
a letter of approval from their office when applying for a Certificate of
Zoning Compliance. All trash areas are to be enclosed by a screening fence.
1.6 Submit a letter of plan approval from Ada County Highway District when
applying for a Certificate of Zoning Compliance.
1. 7 All required deciduous trees are to be a minimum of 3" caliper at the time
of planting; any conifer trees are to be a minimum of 6~8' at planting.
1.8 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
1.9 No signage has been proposed, and none is approved with this application.
All signage will be subject to design review and require separate permits.
Temporary signs, banners, flags, etc., will be specifically prohibited.
1.10 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. The current applicant is shovvn to be the architect.
Cole Associates. The applicant should be the owner of the property
(Laneyland). Transfer of the conditional use pennit will need to be
submitted and approved by the Zoning Administrator for any new
owners/tenants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
- 14
1.11 Any outdoor seating areas need to be defined for review as a part of this
. application. Pedestrian walkways (minimum vvidth of five feet) associated
vvith any outdoor seating areas need to be provided on the applicant's own
property: This may entail reduction in size of the building, The patio vvill
be allowed in the vacated area. There needs to be 8' of alleyway which will
be cov~red vvith pavers. An easement will be created at the existing alleyway
for sewer etc and maintain the existing flow of traffic in the alleyway and to
work closely vvith ACHD in this respect.
1.12 The existing alley is proposed to be vacated. One-half of the alley (eight feet)
would go to the subject property, the other half would revert back to the
City of Meridian to be included as part of the expanded Generations Plaza.
The current site plan shows the encroachment of an awning over the future
property line. This needs to be modified to prevent such encroachment.
1.13 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site,
No drainage shall be diverted to City of Meridian property.
1.14 Applicant is proposing to vacate a portion of the alley. The City has an
existing sewer main in this alley. If the alley is vacated, the applicant would
be required to provide an easement to the City for maintenance of this line.
The easement agreement shall include provisions that, should the sewer line
need to be repaired, all costs to replace improvements on applicant's
property will be bonle by the applicant.
1.15 The lack of vvindows on portions of the east side of the building seems to
detract from the overall project. The Planning & Zoning Commission should
state their design criteria concerns and mal<.e recommendations to the
applicant. Also, please provide a south elevation, as this design should
receive particular attention due to its adjacency to the City's Generations
Plaza. North side of east elevation, the applicant vvill create some sort of
symmetry for the building to achieve an aesthetically pleasing appearance.
1.16 To prevent confusion with City-owned facilities, the project should be
named something other than Generations Plaza.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIl/OFFICE
(CUP.OO-023)
- 15
1.17, Maintain the existing flow of traffic in the alleyway; work closely 1Nith
ACHD on the same.
There are many issues to be considered 1Nith this project. Staff considers two of the most
significant issues the lack of parking and redirection of the one-way alley.
"
One school of thought on the parking issue is that surface parking lots are an inefficient,
unsightly, and counterproductive use of space in the downtown core and result in lower
densities. They contribute to more automobiles in the downtown core searching for
parking. This creates a less inviting environment for pedestrians seeldng to use the
downtown core to socialize, recreate, shop and work. VVhenever possible, opportunities
should be explored to replace surface lots with pedestrian friendly parks, plazas, outdoor
eateries and shopping courts to enhance the overall appeal and vitality of our downtown.
The City's current parldng requirements reflect the dependence on the automobile. The
applicant has indicated a 1Nillingness to ask employees to park in an area other than the
adjacent surface parldng lot. However, this requirement can also cause problems in
recruiting prospective tenants and employees due to the inconvenience. Some jurisdictions
actually have a maximum amount of allowable off-street parldng.
Other business owners in the downtown core are understandably concerned about the lack
of parldng. Paisano's Restaurant received a variance from the off-street parldng
requirements. The City needs to explore parldng alternatives/solutions, which could
include the following:
. Forming an assessment district that could charge individual properties based on
required vs. provided parldng spaces (e.g., for every space the applicant does not
provide, the applicant would pay a set fee).
. Provide periphery parking lots/parking garage with a shuttle service to the
downtown area
. Impose time limits on all downtown parking which would require employees to
park elsewhere.
. Signage to direct shoppers to alternate parking sites.
As for the one-way alley issue, the Meridian Fire Department and Police Department need
to seriously consider this option and the consequences related thereto. Specific design
criteria needs to be established to facilitate adequate turning radii and signage.
Adopt the Recommendation of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-OO-023)
" 16
1.18 Applicants shall satisfy all fire cade requirements including these pertaining
to. water flew and fire hydrants.
1.19 Fire sprinlder systems will need to. be appraved by Meridian Fire
Department.
\
Adapt the Recammendatian af the Central District Health Department as fallaws:
1.20 Applicant shall submit plans far review for a faad establishment.
Adapt the RecOlmnendatian af Sanitary Services as fallaws:
1.21 The dumpster enclasure and gates are tao. small. This camplex wauld
generate approximately 3 yards o.f waste per week, 21 to. 25 cans per week.
Adapt the Recammendatians af the Ada Caunty Highway District as fallaws:
1.22 Replace unused curb cuts an E. 17 Street and Pine Street with standard
curb, gutter and cancrete sidewalk to. match existing improvements.
1.23 Replace damaged curb, gutter and/or sidewalk an E. 1st Street and Pine
Street with new curb, gutter and/or cancrete sidewalk to. match existing
improvements. Segments to. be replaced shall be determined by ACHD
Canstructian Services staff.
1.24 No. access paints to. E.1st Street have been propased and nane are approved
with this applicatian.
1.25 Lo.cate the approach to. the entrance o.nly alley an Pine Street approximately
100-feet east af E. V Street. Co.nstntct the approach as a 20-faat wide curb
return with 15-faat curb radii. Sign the alley for entrance anly, Caardinate
signage plan with District staff.
1.26 Pave the new narth/sauth alley 20-feet wide thraugh the site to. District
standards. Dedicate 20-feet af right-af-way far the new alley through the
parceL
1.27 If the alley is vacated alang the sauth property line the applicant shall be
required to. clase the alleylE. 1st Street approach with curbs, gutters, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIl/OFFICE
(CUP-OO.023 )
- 17
. sidewalks to match the existing improvements. Coordinate the alley vacation
with the District's Right~of~Way staff.
1.28 Other than the alley access specifically approved with this application, direct
lot or parcel access to Pine Street is prohibited.
\
1.29 Applicant shall be required to build the sidewalk on the south side of the
vacated alley.
2. The conditions shall be reviewable by the Council pursuant to Meridian City
Code S 11~17-9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision~ which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIIjOFFICE
(CUP-OO-023)
- 18
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code s 67-6521 an affected person being a person who has
\
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit 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
.-; .r"i-lA
LX/ -- day
of J t1/YLL
,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
VOTED $a...-
COUNCILPERSON KEITH BIRD
COUNCILMAN TAMMY deWEERD
VOTED~
COUNCILMAN CHERIE McCANDLESS
VOTED$-o......
MAYOR ~~~T D. CORRIE (TIE BREAKER)
DATED: Z't) :z.c--
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP.OO-023)
- 19
MOTION:
Al'PROVE~ ~.
DISAPPROVED:
Copy served upol{ Applicant, Planning and Zoning Department, Public Warks
Department and the City Attorney,
BY~P;X;~~
ity Clerk ' /'
Dated: '-'UJ-tJtJ
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING
AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE
(CUP-00-023)
- 20
BEFORE THE MERIDIAN CITY COUNCIL
,
IN THE MATTER OF THE APPLICATION OF )
COLE ASSOCIATES FOR A CONDITIONAL )
USE PERMIT FOR DEMOLITION OF )
EXISTING AUTO GARAGE AND )
CONSTRUCTION OF 2-STORY RETAIU )
OFFICE IN OT ZONE, LOCATED AT LOTS 17,)
18, 19 AND 20, BLOCK 5, MERIDIAN )
TOWNSITE, MERIDIAN, IDAHO )
)
06-15-00
CASE NO. CUP-OO-023
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 20th day of June, 2000,
under the provisions of Meridian City Code S 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for the
proposed application request of a conditional use permit for the construction,
development, maintenance and use for demolition of existing auto garage and
construction of 2-story retaiVoffice, as described in Exhibit "A" attached hereto, and
consisting of two pages, and incorporated herein as if set forth in full hereat, and for
the development of the aforementioned commercial development for the demolition
of existing auto garage and construction of 2-story retaiVoffice, and which property is
described as:
Lot 17, 18, 19 and 20 in Block 5 of Amended Plat of Townsite of Meridian,
according to the official plat thereof, filed in Book 1 of Plats at Page 50, records of
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 7
BY COLE ASSOCIATES / CUP-OO-023
Ada County, Idaho, together with that part of vacated East Pine Avenue adjacent as
shown in Ordinance 872, City of Meridian, Idaho.
2. That the above named applicant is granted a conditional use permit for the
demolition of existing auto garage and construction of 2-story retaiVoffice, located at
Lots 17, 18, 19 anq 20, Block 5, Meridian Townsite, Meridian, Idaho, subject to the
following conditions of use and development:
Adopt the recommendations of Planning and Zoning and Engineering staff as follows:
2.1 Off-street parking shall be provided as modified in the variance which
was granted to Applicant, in Case No. VAR-00-008, by the City Council
on June 6, 2000, and in accordance with Americans with Disabilities
Act (ADA) requirements.
2.2 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 1 1-I3-4.C.
2.3 Sanitary sewer and water to this facility would be via existing service
lines. Assessments for sewer and water service are determined during the
building permit application process. Applicant shall be required to enter
into an Assessment Agreement with the City of Meridian. An
assessment agreement is a vehicle that protects the City of Meridian and
the Developer in the event that estimated assessments arc not in line
with actual usages. The agreement provides for reimbursement to the
developer for over payment of assessments and payment to the City of
Meridian of any shortfall in assessments. The overpayment/shortfall is
determined after adequate historical usage.
2.4 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
2.5 Applicant shall coordinate the location and construction requirements
of the required trash enclosure with Meridian Sanitary Service, Inc., and
provide a letter of approval from their office when applying for a
Certificate of Zoning Compliance. All trash areas are to be enclosed by a
screening fence.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 7
BY COLE ASSOCIATES I CUP-OO-023
2.6 Submit a letter of plan approval from Ada County Highway District
when applying for a Certificate of Zoning Compliance.
2.7 All required deciduous trees are to be a minimum of 3" caliper at the
time of planting; any conifer trees are to be a minimum of 6-8' at
planti\lg.
2.8 HandiCap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act.
2.9 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review and require
separate permits. Temporary signs, banners, flags, etc., will be
specifically prohibited.
2.10 This conditional use permit shall be subject to review upon ten (10)
days notice to the applicant. The current applicant is shown to be the
architect. Cole Associates. The applicant should be the owner of the
property (Laneyland). Transfer of the conditional use permit will need
to be submitted and approved by the Zoning Administrator for any new
owners/tenants.
2.11 Any outdoor seating areas need to be defined for review as a part of this
application. Pedestrian walkways (minimum width of five feet)
associated with any outdoor seating areas need to be provided on the
applicant's own property. This may entail reduction in size of the
building. The patio will be allowed in the vacated area. There needs to
be 81 of alleyway which will be covered with pavers. An easement will
be created at the existing alleyway for sewer etc and maintain the
existing flow of traffic in the alleyway and to work closely with ACHD
in this respect.
2.12 The existing alley is proposed to be vacated. One-half of the alley (eight
feet) would go to the subject property, the other half would revert back
to the City of Meridian to be included as part of the expanded
Generations Plaza. The current site plan shows the encroachment of an
awning over the future property line. This needs to be modified to
prevent such encroachment.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 7
BY COLE ASSOCIATES / CUP-OO-023
2.13 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site. No drainage shall be diverted to City of Meridian property.
2.14 Applisant is proposing to vacate a portion of the alley. The City has an
existing sewer main in this alley. If the alley is vacated, the applicant
would be required to provide an easement to the City for maintenance
of this line. The easement agreement shall include provisions that,
should the sewer line need to be repaired, all costs to replace
improvements on applicant's property will be borne by the applicant.
2.15 The lack of windows on portions of the east side of the building seems
to detract from the overall project. The Planning & Zoning Commission
should state their design criteria concerns and make recommendations
to the applicant. Also, please provide a south elevation, as this design
should receive particular attention due to its adjacency to the City's
Generations Plaza. North side of east elevation, the applicant will
create some sort of symmetry for the building to achieve an aesthetically
pleasing appearance.
2.16 To prevent confusion with City-owned facilities, the project should be
named something other than Generations Plaza.
2.17 Maintain the existing flow of traffic in the alleyway; work closely with
ACHD on the same.
There are many issues to be considered with this project. Staff considers two of the
most significant issues the lack of parking and redirection of the one-way alley.
One school of thought on the parking issue is that surface parking lots are an
inefficient, unsightly, and counterproductive use of space in the downtovvn core and
result in lower densities. They contribute to more automobiles in the downtown core
searching for parking. This creates a less inviting environment for pedestrians seeking
to use the downtown core to socialize, recreate, shop and work. Whenever possible,
opportunities should be explored to replace surface lots with pedestrian friendly
parks, plazas, outdoor eateries and shopping courts to enhance the overall appeal and
vitality of our downtown.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 7
BY COLE ASSOCIATES I CUP-OO-023
The City's current parking requirements reflect the dependence on the automobile.
The applicant has indicated a willingness to ask employees to park in an area other
than the adjacent surface parking lot. However, this requirement can also cause
problems in recruiting-prospective tenants and employees due to the inconvenience.
Some jurisdictions actually have a maximum amount of allowable off~street parldng.
Other business owners in the downtown core are understandably concerned about
the lack of parldng. Paisano's Restaurant received a variance from the off-street
parldng requirements. The City needs to explore parldng alternatives/solutions, which
could include the following:
. Forming an assessment district that could charge individual properties based
on required vs. provided parldng spaces (e.g" for every space the applicant does
not provide, the applicant would pay a set fee).
. Provide periphery parking lots/parking garage with a shuttle service to the
downtown area
. Impose time limits on all downtown parldng which would require employees to
park elsewhere.
;ignage to ~irect shoppers to alternate parldng sites.
AB for the one-way alley issue, the Meridian Fire Department and Police Department
need to seriously consider this option and the consequences related thereto. Specific
design criteria needs to be established to facilitate adequate turning radii. and signage.
Adopt the Recommendation of the Meridian Fire Department as follows:
2.18 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
2.19 Fire sprinlder systems will need to be approved by Meridian Fire
Department.
Adopt the Recommendation of the Central District Health Department as follows:
2.20 Applicant shall submit plans for review for a food establishment.
Adopt the Recommendation of Sanitary Services as follows:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 7
BY COLE ASSOCIATES / CUP-OO-023
2.21 The dumpster enclosure and gates are too small. This complex would
generate approximately 3 yards of waste per week, 21 to 25 cans per
week.
Adopt the Recommendations of the Ada County Highway District as follows;
1.
2.22 Replace unused curb cuts on E. 17 Street and Pine Street with standard
curb, gUtter and concrete sidewalk to match existing improvements,
2.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine
Street with new curb, gutter and/or concrete sidewalk to match existing
improvements. Segments to be replaced shall be determined by ACHD
Construction Services staff.
2.24 No access points to E.lst Street have been proposed and none are
approved with this application.
2.25 Locate the approach to the entrance only alley on Pine Street
approximately lOO~feet east of E. V Street. Construct the approach as a
20-foot wide curb return with IS-foot curb radii. Sign the alley for
entrance only. Coordinate signage plan with District staff.
2.26 Pave the new north/south alley 20-feet wide through the site to District
standards. Dedicate 20-feet of right-of-way for the new alley through the
parcel.
2.27 If the alley is vacated along the south property line the applicant shall
be required to close the alley/E. 1st Street approach with curbs, gutters,
and sidewalks to match the existing improvements. Coordinate the alley
vacation with the District's Right-of-Way staff.
2.28 Other than the alley access specifically approved with this application,
direct lot or parcel access to Pine Street is prohibited.
2.29 Applicant shall be required to build the sidewalk on the south side of
the vacated alley.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 7
BY COLE ASSOCIATES / CUP-OO-023
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying ;with the provisions of Meridian City Code s 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
...:/~ ,2000.
:2ot1
day of
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
ByJaL~~7~
City Clerk
Dated: 6- 2IJ --f)tJ
msg/Z:\ W ork\M\Meridian 15360M\Cole Associates\CUPOrder23
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 7
BY COLE ASSOCIATES I CUP-OO-023
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GENERATIONS PARK PLAZA 1 AND
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,RECEIVED
JUN '0 6 2000
IICJTY OF MERIDIAN
CITY CLERK OFFICE
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BEFORE THE MERIDIAN CITY COUNCIL
'.
IN THE MATTER OF THE APPLICATION OF )
JOINT SCHOOL DISTRICT NO.2 FOR A )
CONDITIONAL USE PERMIT FORA )
1\1ARKETING EDUCATION CLASSROOM TO )
ACCOMMODATE 2 NON-CONCURRENT )
CLASSES OF 25-30 STUDENTS IN A C-G )
ZONE, MERIDIAN, IDAHO )
)
06-15-00
CASE NO. CUP-00-027
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 20th day of June, 2000,
under the provisions of Meridian City Code & II ~ I 7 ~4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
I. That the Applicant of the property is granted a conditional use permit for a
marketing education classroom to accommodate 2 non-concurrent classes of 25-30
students, the proposed application request of a conditional use permit for the
construction, development, maintenance and use for a marketing education classroom
to accommodate 2 non-concurrent classes of 25-30 students, as described in Exhibit
"A" attached hereto, and incorporated herein as if set forth in full hereat, and for the
development of the aforementioned development for a marketing education
classroom to accommodate 2 non-concurrent classes of 25-30 students, and which
property is described as:
Lot 3 in Block I of Honor Park Subdivision No, 2, according to the plat thereof filed
in Book 68 of Plats at Pages 6959 and 6960, records of Ada County, Idaho.
ORDER OF CONDITIONAL APPROY AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4
BY JOINT SCHOOL DISTRICT NO.2 / CUP-OO-027
2. That the above named applicant is granted a conditional use permit for a
marketing education classroom to accommodate 2 non-concurrent classes of 25-30
students, located at Lot 3, Block 1, Honor Park Subdivision No.2, Meridian, Idaho,
subject to the following conditions of use and development:
Adopt the Recomfllendations of the Planning and Zoning and Engineering staff as
follows:
2.1 Off-street parldng shall be provided in accordance with Section 11-13-4
of the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
2.2 Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
2.3 . All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance.
2.4 All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.5 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a
Re-Assessment Agreement with the City of Meridian for all commercial
uses.
2,6 The School District application states that students will be bused to the
location and only two (2) parldng spaces will be needed. The existing
building and parldng lot were designed to accommodate at least one (1)
space per every 400 sJ. of gross floor area. The proposed classroom is
approximately 1,400 sJ. in area, which would allow 3.5 parldng spaces.
A condition of approval shall be placed that restricts the total number of
parldng spaces for this classroom to a maximum of four (4) stalls,
2.7 No signage was submitted with the application. All future signage for
this tenant space will require separate permits.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4
BY JOINT SCHOOL DISTRICT NO.2 / CUP-OO-027
Adopt the Recommendations of the Meridian Fire Department as follows:
2.8 All exit signs and fire extinquishers shall be in working order.
Adopt the Recommendations of the Sanitary Service as follows:
\
2.9 The concrete apron in front shall remain.
Adopt the Recommendations of the Ada County Highway District as follows:
2.10 All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
2.11 Pay any road impact fees prior to building construction in accordance
with Ordinance # 193.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code 9 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
J"~ ,2000.
2-o-r1:-
day of
\~
ert D. Corrie, Mayor City of Meridian
ORDER OF CONDITIONAL AFPROY AL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4
BY JOINT SCHOOL DISTRICT NO.2 / Cup-Do-on
Copy served upon Applicant, the Planning and Zoning Department, Public Warks
Department and City Attorney.
By:d:1~~A~ 90
Ity Clerk .
Dated: tr 2fJ -tlD
-,
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msg/Z:\Work\M\Meridian 15360M\Joint School Dist 2 CUP\CUPOrder27
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4
BY JOINT SCHOOL DISTRICT NO.2 I CUP-OO-027
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A )
MARKETING EDUCATION )
CLASSROOM TO )
ACCOMMODATE 2 NON- )
CONCURRENT CLASSES OF 25- )
30 STUDENTS IN A C-G ZONE )
)
JOINT SCHOOL DISTRICT )
NO.2, )
APPLICANT. )
)
06-15-00
Case No. CUP-OO-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on June 6, 2000, at the hour of7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and no one appeared in opposition, and the City Council having
duly considered the evidence and the record in this matter and the Recommendations to
City Council issued by the Planning and Zoning Commission who conducted a public
hearing and.the Council having heard and taken oral and written testimony, and having
duly considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP~OO-027)
- 1
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use pennit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for June 6, 2000,
\
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 (IS) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
June 6, 2000, 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 S67~6509, 6512, and Meridian City Code SS 1l~15-5 and 11-17~5 as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
3. This proposed development request is in the C~G zone, by reason of the
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the
City Council on this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
- 2
4. The property is located at 911 Meridian Road, Meridian, Idaho.
5. The owner of record of the subject property is the Meridian Joint School
District of Meridian.
,
6. Applicant is owner of record.
7. The subject property is currently zoned C-G. The zoning district of C-G is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2,
8. The proposed application requests a conditional use permit for a marketing
education classroom to accommodate 2 non-concurrent classes of 25-30 students. The C-
G zoning designation within the City of Meridian Zoning and Development Ordinance
requires a conditional use permit be obtained for most uses including those requested by
the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as detennined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
- 3
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense upon
\
the public if the following conditions of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
12.1 Off-street parking shall be provided in accordance with Section 11-13-4 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
12.2 Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
12.3 All signage shall be in accordance with the standards set forth in Section 11-
. 2-415 of the City of Meridian Zoning and Development Ordinance.
12.4 All construction shall conform to the requiren'lents of the Americans with
Disabilities Act.
12.5 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a Re-
Assessment Agreement with the City of Meridian for all commercial uses.
12.6 The School District application states that students will be bused to the
location and only two (2) parking spaces will be needed. The existing
building and parldng lot were designed to accommodate at least one (I)
space per every 400 sJ. of gross floor area. The proposed classroom is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
- 4
approximately 1,400 sJ. in area, which would allow 3.5 parking spaces. A
condition of approval shall be placed that restricts the total number of
parking spaces for this classroom to a maximum of four (4) stalls.
12.7 No signage was submitted with the application. All future signage for this
tenan\ space will require separate permits.
Adopt the Recommendations of the Meridian Fire Department as follows:
12.8 All exit signs and fire extinquishers shall be in working order.
Adopt the Recommendations of the Sanitary Service as follows:
12.9 The concrete apron in front shall remain.
Adopt the Recommendations of the Ada County Highway District as follows:
12.10 All future design plans and construction shall be in accordance with the Ada
. County Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived in writing by the District.
12.11 Pay any road impact fees prior to building construction in accordance with
Ordinance # 193.
13. The proposed uses within the subject application will be hannonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial" .
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
- 5
and that such uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The Jses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
I. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (Le. s67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establislunent of
a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2! (CUP-OO-027)
- 6
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I,
Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
\
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code ~ 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
c. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e, Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO. 21 (CUP-OO-027)
- 7
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, aCtiVIties, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason ofexcessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in General Retail and Service
Commercial District (C-G), a public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the land under consideration for the conditional
use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of
Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Tovvn and in industrial and commercial districts shall only be required to have one
public hearing which shall be held before the Planning and Zoning Commission;
and after the recommendation of the Commission is made, the application shall
go before the City Council without a public hearing and the Council may approve,
deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recorrunendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2! (CUP-OO-027)
- 8
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Meridian City Code 9 11-17-6)
7. Whel\ the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4,1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, TH~REFORE, BASED UPON THE AB OVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use permit for a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
- 9
marketing education classroom to accommodate 2 non-concurrent classes of 25-30
students, subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
1.2 Paving and striping shall be in accordance with the standards set forth in
Sections 1I-I3-4.D. and 1I-I3-4.F. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
1.3 All signage shall be in accordance with the standards set forth in Section 11-
2-415 of the City of Meridian Zoning and Development Ordinance.
1.4 All construction shall conform to the requirements of the .A1nericans with
Disabilities Act.
1.5 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a Re-
Assessment Agreement with the City of Meridian for all commercial uses.
1.6 The School District application states that students will be bused to the
location and only two (2) parking spaces will be needed. The existing
building and parking lot were designed to accommodate at least one (I)
space per every 400 sJ. of gross floor area. The proposed classroom is
approximately 1,400 sJ. in area, which would allow 3.5 parking spaces. A
condition of approval shall be placed that restricts the total number of
parking spaces for this classroom to a maximum of four (4) stalls.
1.7 No signage was submitted with the application. All future signage for this
tenant space will require separate permits.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.8 All exit signs and fire extinquishers shall be in working order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
- 10
Adopt the Recommendations of the Sanitary Service as follows:
1.9 The concrete apron in front shall remain.
Adopt the Recommendations of the Ada County Highway District as follows:
1.10 All futhre design plans and construction shall be in accordance with the Ada
County Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived in writing by the District.
1.11 Pay any road impact fees prior to building construction in accordance with
Ordinance # 193.
2. The conditions shall be reviewable by the Council pursuant to Meridian City
Code S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
-11
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
\
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit 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
2o-f'h
- day
of
..;r ~
,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
COUNCILPERSON KEITH BIRD
VOTED*
COUNCILMAN TAMMY deWEERD
VOTED$'-
COUNCILMAN CHERIE McCANDLESS
VOTED$"-
-
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO.2 / (CUP-OO-027)
- 12
MOTION:
APPROVED:~
DISAPPROVED:
By: JI~,J~[),
City Clerk
Copy served upol} Applicant, Planning and Zoning Department, Public Warks
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JOINT SCHOOL DISTRICT NO, 2/ (CUP-OO-027)
- 13
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
\
USE PERMIT FOR
REVITALIZATION OF
EXISTING BUILDING TO
HOUSE A
RESTAURANT/OFFICE IN OT
ZONE LOCATED AT LOT 4,
BLOCK 5, MERIDIAN
TOWNSITE, TAX
#R5672000731, MERIDIAN,
IDAHO
COLE ASSOCIATES,
APPLICANT.
06-15-00
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Case No. CUP-OO-022
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on June 6, 2000, at the hour of7:30 p.m., at Melidian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and
the Parks and Recreation Director, Tom Kuntz, appeared and testified, and appearing on
behalf of the Applicant were Stan Cole and Gal)' Benoit, and the City Council having duly
considered ~he evidence and the record in this matter and the Recommendations to City
Council iss~ed by the Planning and Zoning Commission who conducted a public hearing
and the Council having heard and taken oral and written testimony, and having duly
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT ;OFFICE
(CUP-OO-022)
- 1
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
,
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for June 6, 2000,
before the City Council, the first publication appearing and written notice having been
mailed to property ovvners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen ( 15) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been dilly considered by the City Council at the
June 6, 2000, 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 s67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-5 as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 2
3. This proposed development request is in Old Town (O-T), by reason of the
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the
City Council on this application.
4.
\
Theproperty is located at Generations Park Plaza Building I at 1st Street
and Idaho, Meridian, Idaho and is legally described as Lot 4, BlockS, Meridian Townsite,
Tax #R567200073l.
S, The owner of record of the subject property is Stewart Laney Benoit of
Meridian.
6. Applicant is Cole Associates Architects of Boise.
7. The subject property is currently zoned O-T. The zoning district of O-T is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-
2L.
8. The proposed application requests a conditional use permit for revitalization
of an existing building in the OT zone to house a restaurant/office. The OT zoning
designation within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses induding those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 3
conditional use as determined by City Ordinance.
11. The Meridian City Council recognizes the Meridian Planning and Zoning
Commission's concerns of Mr. Champion dated May 9,2000.
\
12. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of tl1e City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense upon
the public if the following conditions of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
Adopt the recommendations of Planning and Zoning and Engineering staff as follows:
13.1 Off-street parking shall be provided as modified in the variance which was
granted to Applicant, in Case No. V AR-00-007, by the City Council on May
16,2000, and in accordance with Americans with Disabilities Act (ADA)
requirements.
13.2 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section 1 1-13-4.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 4
13.3 Sanitary sewer and water to this facility would be via existing service lines.
Assessments for sewer and water service are detennined during the building
permit application process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. An assessment agreement
is a vehicle that protects the City of Meridian and the Developer in the
event .iliat estimated assessments arc not in line with actual usages. The
agreement provides for reimbursement to the developer for ov~r payment of
assessments and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
13.4 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
13.5 Applicant shall coordinate the location and construction requirements of the
required trash enclosure with Meridian Sanitary Service, lnc" and provide
a letter of approval from their office when applying for a Certificate of
Zoning Compliance. All trash areas are to be enclosed by a screening fence.
13.6' Submit a letter of plan approval from Ada County Highway District when
applying for a Certificate of Zoning Compliance.
13.7 All required dedduous trees are to be a minimum of 3" caliper at the time
of planting; any conifer trees are to be a minimum of 6-8' at planting.
13.8 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
13.9 No signage has been proposed, and none is approved with this application.
All signage will be subject to design review and require separate permits.
Temporary signs, banners, flags, etc., will be spedfically prohibited.
13.10 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. The current applicant is shown to be the architect.
Cole Assodates. The applicant should be the owner of the property
(Laneyland). Transfer of the conditional use pennit would need to be
submitted and approved by the Zoning Administrator for any new
owners/tenants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 5
13.11 Any outdoor seating areas need to be defined for review as a part of this
application. Pedestrian walkways (minimum width of five feet) associated
with any outdoor seating areas need to be provided on the applicant's own
property, This may entail reduction in size of the building.
13.12 The e~sting alley is proposed to be vacated. One-half of the alley (eight feet)
would'go to the subject property, the other half would revert back to the
City of Meridian to be included as part of the expanded Generations Plaza.
The current site plan shows the encroachment of an awning over the future
property line. This needs to be modified to prevent such encroachment.
13.13 Applicant has proposed an alternative parking arrangement whereby cars
would enter the applicant's parking lot from Pine Street and either exit
through the City's parking lot on Pine Street or eastward down the alley.
This proposal would require the one-way designation on this alley to be
reversed and also require parking lots to be reconfigured/restriped. If this
proposal is approved, all costs to reconfigure existing parldng lots and the
alley (including, but not limited to, ACHD-imposed requirements, paving,
signage, curbing, landscaping, irrigation, etc.) should be borne by the
applicant,
13.14 A drainage plan designed by a State of Idaho licensed architect or engineer
shall be required and shall be submitted to the City Engineer for all off-street
parldng areas. All site drainage shall be contained and disposed of on-site.
No drainage shall be diverted to City of Meridian property.
13.15 Applicant is proposing to vacate a portion of the alley. The City has an
existing sewer main in this alley. If the alley is vacated, the applicant shall
be required to provide an easement to the City for maintenance of this line,
The easement agreement shall include provisions that, should the sewer line
need to be repaired, all costs to replace improvements on applicant's
property will be borne by the applicant.
13.16 The lack of windows on portions of the east side of the building seems to
detract from the overall project. The Planning & Zoning Commission should
state their design criteria concerns and make recommendations to the
applicant. Applicant shall provide a south elevation, as this design should
receive particular attention due to its adjacency to the City's Generations
Plaza.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 6
13.17 To prevent confusion vvith City-owned facilities, the project shall be named
something other than Generations Plaza.
There are many issues -to be considered vvith this project. There are two most significant
issues: 1) the lack of parking and 2) redirection of the one-way alley.
\
One school of thought on the parking issue is that surface parking lots are an inefficient,
unsightly, and counterproductive use of space in the downtown core and result in lower
densities. They contribute to more automobiles in the downtown core searching for
parking. This creates a less inviting environment for pedestrians seeking to use the
downtown core to socialize, recreate, shop and work. Whenever possible, opportunities
should be explored to replace surface lots with pedestrian friendly parks, plazas, outdoor
eateries and shopping courts to enhance the overall appeal and vitality of our downtown.
The City's current parking requirements reflect the dependence on the automobile. The
applicant has indicated a willingness to ask employees to park in an area other than the
adjacent surface parking lot. However, this requirement can also cause problems in
recruiting prospective tenants and employees due to the inconvenience. Some jurisdictions
actually have a maximum amount of allowable off-street parking.
Other business owners in the downtown core are understandably concerned about the lack
of parking, Paisano's Restaurant received a variance from the off-street parking
requirements. The City needs to explore parking alternatives/solutions, which could
include the following:
. Fonlling an assessment district that could charge individual properties based on
required vs. provided parking spaces (e.g., for every space the applicant does not
provide, the applicant would pay a set fee).
. Provide periphery parking lots/parking garage with a shuttle service to the
downtown area
. Impose time limits on all downtown parking which would require employees to
park elsewhere.
. Sign~ge to direct shoppers to alternate parking sites.
As for tlle one-way alley issue, the Meridian Fire Department and Police Department need
to seriously consider this option and the consequences related thereto. Specific design
criteria needs to be established to facilitate adequate turning radii and signage.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP-OO-022)
- 7
Adopt the Recommendation of the Meridian Fire Department as follows:
13.18 Applicants shall satisfy all fire code requirements including those pertaining
to water flow and fire hydrants.
13.19 Fire sprinlder systems would need to be approved by Meridian Fire
Department.
Adopt the Recommendation of the Central District Health Department as follows:
13.20 Applicant shall submit plans for review for a food establishment.
Adopt the Recommendation of Sanitary Services as follows:
13.21 The dumpster enclosure and gates are too small. This complex would
generate approximately 3 yards of waste per week, 21 to 25 cans per week.
Adopt the Recommendations of the Ada County Highway District from their letter dated
May 19, 2000, ss follows:
13.22 Replace unused curb cuts on E. 1 st Street and Pine Street -with standard curb,
gutter and concrete sidewalk to match existing improvements.
13.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine
Street -with new curb, gutter and/or concrete sidewalk to match existing
improvements. Segments to be replaced shall be determined by ACHD
Construction Services staff.
13.24 No access points to E. 1 st Street have been proposed and none are approved
-with this application.
13.25 Located the approach to the entrance only alley on Pine Street
approximately 100-feet east ofE. 1 st Street. Construct the approach as a 20-
foot wide curb return with IS-foot curb radii. Sign the alley for entrance
only. Coordinate signage plan -with District staff.
13.26 Pave the new north/south alley 20-feet wide through the site to District
standards. Dedicate 20-feet of right-of-way for the new alley through this
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 8
13.27 If the east/west alley is changed to east bound, pave the alley from the site's
east property line to 2nd street.
13.28 If the alley is vacated along the south property line the applicant shall be
required to close the alleyJE. 1st Street approach with curbs, gutters, and
sidewalks to match the existing improvements. Coordinate the alley
vacati6n with the District's Right~of-Way staff.
13.29 Other than the alley access specifically approved with this application, direct
lot or parcel access to Pine Street is prohibited.
13.30 A request for modification, variance or waiver of any requirement or policy
outlined in the conditions shall be made in writing to the ACHD Planning
and Development Supervisor.
13.31 After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor within six days of the action and shall include a
minimum fee of $110.00.
13.32 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 193.
13.33 All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
13.34 The applicant shall submit revised plans for staff approval, prior to issuance
of building pennit (or other required pennits), which incorporates any
required design changes.
13.35 Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to
District approval for occupancy.
13.36 The responsibility of the applicant shall be to verify all existing utilities
. within the right-of-way. Existing utilities damaged by the applicant shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP-OO-022)
- 9
repaired by the applicant at no cost to ACHD. The applicant shall be
required to call DIGLINE (1-800-342-1585) at least two full business days
prior to brealdng ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
\
13.37 No change in the tenns and conditions ofthis approval shall be valid unless
they are in vvriting and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
13.38 Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all
rules, regulations, ordinances, plans, or other regulatory and legal restrictions
in force at the time the applicant or its successors in interest advises the
ACHD of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted
pursuant to the law in effect at the time the change is use is sought.
Adopt the Recommendations of the Parks and Recreation Department as follows:
13.39 The vacation of the alley to the north of Generations Plaza is agreeable, but
the developer shall be responsible for improvements and maintenance to the
entire of alley width. The 16 feet includes the cities half of the alley, which
will serve as the sidewalk for the developers building. Material used for the
alley shall be agreed upon by the City and developer.
13.40 The developer shall be responsible for improvements to the sidewalk from
Idaho Street to the alley. The City and developer shall agree upon sidewalk
materials.
13.41 The developer shall also be responsible for improvements and maintenance
of a three-foot wide landscape buffer along the edge of the east building,
between the patio and the alley. Landscape specifications and level of
maintenance shall be approved by the Parks Department. The City will
provide irrigation water.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP.OO-022)
- 10
13.42 The developer shall be responsible for improvements and maintenance to the
entire leased area. The Parks Department shall approve the patio design,
landscape specifications, and level of maintenance. Irrigation water shall be
provided-by the City.
The Planning and Zpning Commission further recommend that the sidewalk on the north
side of the building be deleted,
14. The proposed uses vvithin the subject application vvill be harmonious
vvith and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
14.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial" ,
15. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
16. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
17. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage stnlctures, refuse disposal, water, and sewer.
18. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
-11
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
19. The development will not result in the destruction, loss or damage of
\
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (LC &67-6503).
2, The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment of
a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I,
Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otl1elVVise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT jOFFICE
(CUP-OO-022)
- 12
4. : The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
\
and that the proposed development: (Meridian City Code S 11-17-3)
a. Will, in fact, constitute a conditional use as detennined by City policy;
b, Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
c. Will be designed, constructed, operated and maintained to be hannonious
and appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
g. . Will not involve uses, aCtiVIties, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. . Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in Old Town (O-T), a public
hearing shall be conducted with notice to be published and provided to property owners
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 13
or purchasers of record within three hundred feet (300') of the external boundaries of the
land under consideration for the conditional use permit all in accordance with the
provisions of Meridian City Code & 11-17-5 City of Meridian Zoning and Development
Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have one
public hearing which shall be held before the Planning and Zoning Commission;
and after the recommendation of the Commission is made, the application shall
go before the City Council without a public hearing and the Cow1Cil may approve,
deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recOlmnendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Meridian City Code & 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT jOFFICE
(CUP-OO-022)
- 14
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use pennit for
revitalizati011. of an existing building in the OT zone to house a restaurant/office, subject
to the following conditions of use and development:
Adopt the recommendations of Planning and Zoning and Engineering staff as follows:
1.1 Off-street parking shall be provided as modified in the variance which was
granted to Applicant, in Case No. V AR-OO-007, by the City Council on May
16, 2000, and in accordance with Americans with Disabilities Act (ADA)
requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP-OO-022)
- 15
1.2 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section 1 1~13-4.C.
1.3 Sanitary sewer and water to this facility would be via existing service lines.
Assess;ments for sewer and water service are determined during the building
permit application process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. An assessment agreement
is a'vehicle that protects the City of Meridian and the Developer in the
event that estimated assessments arc not in line with actual usages. The
agreement provides for reimbursement to the developer for over payment of
assessments and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
1.4 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
1.5 Applicant shall coordinate the location and construction requirements of the
required trash enclosure with Meridian Sanitary Service, Inc., and provide
a letter of approval from their office when applying for a Certificate of
Zoning Compliance. All trash areas are to be enclosed by a screening fence.
1.6 Submit a letter of plan approval from Ada County Highway District when
applying for a Certificate of Zoning Compliance.
1.7 All required deciduous trees are to be a minimum of 3" caliper at the time
of planting; any conifer trees are to be a minimum of 6-8' at planting.
1.8 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
1.9 No signage has been proposed, and none is approved with this application.
All signage will be subject to design review and require separate permits.
Temporary signs, banners, flags, etc., will be specifically prohibited.
1.10 This conditional use pennit shall be subject to review upon ten (10) days
notice to the applicant. The current applicant is shown to be the architect.
Cole Associates. The applicant should be the owner of the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 16
(Laneyland). Transfer of the conditional use permit would need to be
submitted and approved by the Zoning Administrator for any new
owners/tenants.
1.11 Any outdoor seating areas need to be defined for review as a part of this
. appliqttion. Pedestrian walkways (minimum width of five feet) associated
with any outdoor seating areas need to be provided on the applicant's own
properly. This may entail reduction in size of the building.
1.12 The existing alley is proposed to be vacated. One-half of the alley (eight feet)
would go to the subject property, the other half would revert back to the
City of Meridian to be included as part of the expanded Generations Plaza.
The current site plan shows the encroachment of an awning over the future
property line. This needs to be modified to prevent such encroachment.
1.13 Applicant has proposed an alternative parking arrangement whereby cars
would enter the applicant's parking lot from Pine Street and either exit
through the City's parking lot on Pine Street or eastward down the alley.
This proposal would require the one-way designation on this alley to be
reversed and also require parldng lots to be reconfigured/restriped. If this
proposal is approved, all costs to reconfigure existing parldng lots and the
alley (including, but not limited to, ACHD~imposed requirements, paving,
signage, curbing, landscaping, irrigation, etc.) should be borne by the
applicant.
1.14 A drainage plan designed by a State of Idaho licensed architect or engineer
shall be required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site,
No drainage shall be diverted to City of Meridian property.
1.15 Applicant is proposing to vacate a portion of the alley. The City has an
existing sewer main in this alley. If the alley is vacated, the applicant shall
be required to provide an easement to the City for maintenance of this line.
The easement agreement shall include provisions that, should the sewer line
need to be repaired, all costs to replace improvements on applicant's
property will be borne by the applicant.
1.16 The lack of windows on portions of the east side of the building seems to
detract from the overall project. The Planning & Zoning Commission should
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP-OO-022)
- 17
state their design criteria concerns and make recommendations to the
applicant. Applicant shall provide a south elevation, as this design should
receive particular attention due to its adjacency to the City's Generations
Plaza.
1.17 To pr~vent confusion 'With City-owned facilities, the project shall be named
something other than Generations Plaza.
There are many issues to be considered 'With this project. There are two most significant
issues: 1) the lack of parking and 2) redirection of the one-way alley.
One school of thought on the parking issue is that surface parking lots are an inefficient,
unsightly, aI"ld counterproductive use of space in the dovvntovvn core and result in lower
densities. They contribute to more automobiles in the dovvntovvn core searching for
parking. This creates a less inviting environment for pedestrians seeking to use the
downtown core to socialize, recreate, shop and work. Whenever possible, opportunities
should be explored to replace surface lots with pedestrian friendly parIes, plazas, outdoor
eateries and shopping courts to enhance the overall appeal and vitality of our downtown.
The City's current parking requirements reflect the dependence on the automobile. The
applicant has indicated a willingness to ask employees to park in an area other than the
adjacent surface parking lot. However, this requirement can also cause problems in
recruiting prospective tenants and employees due to the inconvenience. Some jurisdictions
actually have a maximum amount of allowable off-street parking.
Other business owners in the downtown core are understandably concerned about the lack
of parking. Paisano's Restaurant received a variance from the off-street parking
requirements. The City needs to explore parking alternatives/solutions, which could
include the following:
. Forming an assessment district that could charge individual properties based on
required vs. provided parking spaces (e.g., for every space the applicant does not
provide, the applicant would pay a set fee).
. Provide periphery parking lots/parking garage with a shuttle service to the
downtown area
. Impose time limits on all downtown parking which would require employees to
park elsewhere.
. Signage to direct shoppers to alternate parking sites.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP -00-022)
- 18
As for the one-way alley issue, the Meridian Fire Department and Police Department need
to seriously consider this option and the consequences related thereto. Specific design
criteria needs to be established to facilitate adequate turning radii and signage.
Adopt the Recommendation of the Meridian Fire Department as follows:
1.18 Applicants shall satisfy all fire code requirements including those pertaining
to water flow and fire hydrants.
1.19 Fire sprinkler systems would need to be approved by Meridian Fire
Department.
Adopt the Recommendation of the Central District Health Department as follows:
1.20 Applicant shall submit plans for review for a food establishment.
Adopt the Recommendation of Sanitary Services as follows:
1.21 ' The dumpster enclosure and gates are too small. This complex would
generate approximately 3 yards of waste per week, 21 to 25 cans per week.
Adopt the Reconunendations of the Ada County Highway District from their letter dated
May 19,2000, ss follows:
1.22 Replace unused curb cuts on E. 1st Street and Pine Street with standard
curb, gutter and concrete sidewalk to match existing improvements.
1.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine
Street with new curb, gutter and/or concrete sidewalk to match existing
improvements. Segments to be replaced shall be determined by ACHD
Construction Services staff.
1.24 No access points to E. 1 st Street have been proposed and none are approved
with this application.
1.25 Located the approach to the entrance only alley on Pine Street
approximately 100-feet east of E. 1st Street. Construct the approach as a
20-foot wide curb return with IS-foot curb radii. Sign the alley for entrance
only. Coordinate signage plan with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP-OO-022)
- 19
1.26 Pave the new north/south alley 20wfeet wide through the site to District
standards. Dedicate 20wfeet of right-of-way for the new alley through this
parcel.
1.27 If the east/west alley is changed to east bound, pave the alley from the site's
east pJ;"operty line to 2nd street.
1.28 If the alley is vacated along the south property line the applicant shall be
required to close the alley/E. 1st Street approach with curbs, gutters, and
sidewalks to matcll the existing improvements. Coordinate the alley
vacation with the District's Right-oE-Way staff.
1.29 Other than the alley access specifically approved with this application, direct
lot or parcel access to Pine Street is prohibited.
1.30 A request for modification, variance or waiver of any requirement or policy
outlined in the conditions shall be made in writing to the ACHD Planning
and Development Supervisor.
1.31 Mter ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor within six days of the action and shall include a
minimum fee of $110.00.
1.32 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 193.
1.33 All design' and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Constnlction Services procedures and all applicable ACHD
Ordinances unless specifically waived. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
1.34 The applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP.OO-022)
- 20
1.35 Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to
District approval for occupancy.
1.36 The responsibility of the applicant shall be to verify all existing utilities
withil,\ the right-of-way. Existing utilities damaged by the applicant shall be
repaired by the applicant at no cost to ACHD. The applicant shall be
required to call DIGLINE (1-800-342-1585) at least two full business days
prior to brealdng ground within ACHD right-of-way, The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
1.37 No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
1.38 Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all
rules, regulations, ordinances, plans, or other regulatory and legal restrictions
in force at the time the applicant or its successors in interest advises the
ACHD of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted
pursuant to the law in effect at the time the change is use is sought.
Adopt the Recommendations of the Parks and Recreation Department as follows:
1.39 The vacation of the alley to the north of Generations Plaza is agreeable, but
the developer shall be responsible for improvements and maintenance to the
entire of alley width. The 16 feet includes the cities half of the alley, which
will serve as the sidewalk for the developers building. Material used for the
alley shall be agreed upon by the City and developer.
1040 The developer shall be responsible for improvements to the sidewalk from
Idaho Street to the alley. The City and developer shall agree upon sidewalk
materials.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 21
1.41 The developer shall also be responsible for improvements and maintenance
of a three-foot wide landscape buffer along the edge of the east building,
between the patio and the alley, Landscape specifications and level of
maintenance shall be approved by the Parks Department. The City will
provide irrigation water.
1.42 The d~veloper shall be responsible for improvements and maintenance to the
entire leased area. The Parks Department shall approve the patio design,
landscape specifications, and level of maintenance. Irrigation water shall be
provided by the City.
The Planning and Zoning Commission further recommend that the sidewalk on the north
side of the building be deleted.
2. The conditions shall be reviewable by the Council pursuant to Meridian City
Code & 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 22
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
\
an interest in realproperty which may be adversely affected by the issuance or denial of
the conditional use pertuit 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 2o-t.6- day
of dt~
,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED $$C.-
COUNCILPERSON KEITH BIRD VOTED~
COUNCILMAN TAMMY deWEERD VOTED~'--
COUNCILMAN CHERIE McCANDLESS VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ?ff""""
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE
(CUP-OO-022)
- 23
MOTION:
APPROVED: m---
DISAPPROVED:
Copy served upor Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
Brci!~?-~, ~
Dated: 6,-'tiJ.-()[)
msg'Z:\ W ork\M\Meridian I 5360M\Cole Assodates\CUPFindings022
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING
BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT IOFFICE
(CUP-OO-022)
- 24
BEFORE THE MERIDIAN CITY COUNCIL
IN THE IvlATTER OF THE APPLICATION OF )
COLE ASSOCIATES FOR A CONDITIONAL )
USE PERMIT FOR REVITALIZATION OF )
EXISTING BUILDING TO HOUSE A )
RESTAURANT/OFFICE IN OT ZONE, )
LOCATED LOT 4, BLOCK 5, MERIDIAN )
TOWNSITE, TAX #R5672000731, MERIDIAN, )
IDAHO )
)
06~I5-00
CASE NO. CUP~OO-022
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 20th day of June, 2000,
under the provisions of Meridian City Code S 11-17 A for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That ~he Applicant of the property is granted a conditional use permit for the
proposed application request of a conditional use permit for the construction,
development, maintenance and use for revitalization of an existing building in the
OT zone to house a restaurant/office, as described in Exhibit "A" attached hereto,
and consisting of two pages, and incorporated herein as if set forth in full hereat, and
for the development of the aforementioned commercial development for the
revitalization of an existing building in the OT zone to house a restaurant/office, and
which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9
BY COLE ASSOCIATES / CUP-OO-022
Lot 4 in Block 5 of the ORIGINAL TOWNSITE OF MERIDIAN, according to the
official plat thereof, filed in Book 1 of Plats at Page 29, records of Ada County,
Idaho.
2. That the above named applicant is granted a conditional use permit for the
revitalization of an ,existing building in the OT zone to house a restaurant/office,
located at Lot 4, Block 5, Meridian Townsite, Tax #R5672000731, Meridian, Idaho,
subject to the folloWing conditions of use and development:
Adopt the recommendations of Planning and Zoning and Engineering staff as follows;
2.1 Off-street parking shall be provided as modified in the variance which
was granted to Applicant, in Case No. VAR-OO-007, by the City Council
on May 16, 2000, and in accordance With Americans With Disabilities
Act (ADA) requirements.
2,2 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance With
City Ordinance Section 1 1-13-4.C.
2,3 Sanitary sewer and water to this facility would be via existing service
lines. Assessments for sewer and water service are determined during the
building permit application process. Applicant shall be required to enter
into an Assessment Agreement With the City of Meridian. An
assessment agreement is a vehicle that protects the City of Meridian and
the Developer in the event that estimated assessments arc not in line
With actual usages. The agreement provides for reimbursement to the
developer for over payment of assessments and payment to the City of
Meridian of any shortfall in assessments. The overpayment/shortfall is
determined after adequate historical usage.
2.4 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances,
2.5 Applicant shall coordinate the location and construction requirements
of the required trash enclosure With Meridian Sanitary Service, Inc., and
provide a letter of approval from their office when applying for a
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9
BY COLE ASSOCIATES / CUP-OO-022
Certificate of Zoning Compliance. All trash areas are to be enclosed by a
screening fence.
2.6 Submit a letter of plan approval from Ada County Highway District
when applying for a Certificate of Zoning Compliance.
\
2,7 All required deciduous trees are to be a minimum of 3" caliper at the
time of planting; any conifer trees are to be a minimum of 6"8' at
planting.
2.8 Handicap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act.
2.9 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review and require
separate permits. Temporary signs, banners, flags, etc., will be
specifically prohibited.
2.10 This conditional use permit shall be subject to review upon ten (10)
days notice to the applicant. The current applicant is shown to be the
architect. Cole Associates. The applicant should be the owner of the
property (Laneyland). Transfer of the conditional use permit would
need to be submitted and approved by the Zoning Administrator for
any new owners/tenants.
2.11 Any outdoor seating areas need to be defined for review as a part of this
application. Pedestrian walkways (minimum width of five feet)
associated with any outdoor seating areas need to be provided on the
applicant's own property. This may entail reduction in size of the
building.
2.12 The existing alley is proposed to be vacated. One-half of the alley (eight
feet) would go to the subject property, the other half would revert back
to the City of Meridian to be included as part of the expanded
Generations Plaza. The current site plan shows the encroachment of an
awning over the future property line. This needs to be modified to
prevent such encroachment.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9
BY COLE ASSOCIATES I CUP-DO-D22
2.13 . Applicant has proposed an alternative parking arrangement whereby cars
would enter the applicant's parking lot from Pine Street and either exit
through the City's parking lot on Pine Street or eastward down the
alley. This proposal would require the one-way designation on this alley
to be reversed and also require parking lots to be reconfigured/restriped.
If this\ proposal is approved, all costs to reconfigure existing parking lots
and the alley (including, but not limited to, ACHD-imposed
requirements, paving, signage, curbing, landscaping, irrigation, etc.)
should be borne by the applicant.
2.14 A drainage plan designed by a State of Idaho licensed architect or
engineer shall be required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained and
disposed of on-site. No drainage shall be diverted to City of Meridian
property.
2.15 Applicant is proposing to vacate a portion of the alley. The City has an
existing sewer main in this alley. If the alley is vacated, the applicant
shall be required to provide an easement to the City for maintenance of
this line. The easement agreement shall include provisions that, should
the sewer line need to be repaired, all costs to replace improvements on
applicant's property will be borne by the applicant.
2.16 The lack of windows on portions of the east side of the building seems
to detract from the overall project. The Planning & Zoning Commission
should state their design criteria concerns and make recommendations
to the applicant. Applicant shall provide a south elevation, as this design
should receive particular attention due to its adjacency to the City's
Generations Plaza.
2,17 To prevent confusion with City-owned facilities, the project shall be
named something other than Generations Plaza.
There are many issues to be considered with this project. There are two most
significant issues: I) the lack of parking and 2) redirection of the one-way alley.
One school of thought on the parking issue is that surface parking lots are an
inefficient, unsightly, and counterproductive use of space in the downtown core and
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9
BY COLE ASSOCIATES / CUP-OO-022
result in lower densities. They contribute to more automobiles in the downtown core
searching for parking. This creates a less inviting environment for pedestrians seeldng
to use the downtown core to socialize, recreate, shop and work. Whenever possible,
opportunities should be explored to replace surface lots with pedestrian friendly
parks, plazas, outdoor eateries and shopping courts to enhance the overall appeal and
vitality of our downtown.
,
The City's current parking requirements reflect the dependence on the automobile.
The applicant has indicated a willingness to ask employees to park in an area other
than the adjacent surface parldng lot. However, this requirement can also cause
problems in recruiting prospective tenants and employees due to the inconvenience.
Some jurisdictions actually have a maximum amount of allowable off~street parldng.
Other business owners in the downtown core are understandably concerned about
the lack of parldng. Paisano's Restaurant received a variance from the off-street
parldng requirements. The City needs to explore parking alternatives/solutions, which
could include the following:
. Forming an assessment district that could charge individual properties based
on required vs. provided parldng spaces (e.g., for every space the applicant does
not provide, the applicant would pay a set fee).
. Provide periphery parldng lots/parking garage with a shuttle service to the
downtown area
. Impose time limits on all downtown parldng which would require employees to
park elsewhere.
. Signage to direct shoppers to alternate parldng sites.
As for the one-way alley issue, the Meridian Fire Department and Police Department
need to seriously consider this option and the consequences related thereto. Specific
design criteria needs to be established to facilitate adequate turning radii and signage.
Adopt the Recommendation of the Meridian Fire Department as follows:
2.18 . Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
2.19 Fire sprinlder systems would need to be approved by Meridian Fire
Department.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9
BY COLE ASSpCIA TES / CUP-OO-022
Adopt the Recommendation of the Central District Health Department as follows:
2.20 Applicant shall submit plans for review for a food establishment.
Adopt the Recommendation of Sanitary Services as follows:
2.21 The dhmpster enclosure and gates are too small. This complex would
generate approximately 3 yards of waste per week, 21 to 25 cans per
week.
Adopt the Recommendations of the Ada County Highway District from their letter
dated May 19,2000, ss follows:
2.22 Replace unused curb cuts on E. 1st Street and Pine Street with standard
curb, gutter and concrete sidewalk to match existing improvements.
2.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine
Street with new curb, gutter and/or concrete sidewalk to match existing
improvements. Segments to be replaced shall be determined by ACHD
Construction Services staff.
2.24 No access points to E. 1st Street have been proposed and none are
approved with this application.
2.25 Located the approach to the entrance only alley on Pine Street
approximately IOO-feet east of E. I st Street. Construct the approach as
a 20-foot wide curb return with IS-foot curb radii. Sign the alley for
entrance only. Coordinate signage plan with District staff.
2.26 Pave the new north/south alley 20-feet wide through the site to District
standards. Dedicate 20-feet of right-of-way for the new alley through
this parcel.
2.27 If the east/west alley is changed to east bound, pave the alley from the
site's east property line to 2nd street.
2.28 If the alley is vacated along the south property line the applicant shall
be required to close the alleylE. 1st Street approach with curbs, gutters,
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9
BY COLE ASSOCIATES / CUP-OO-022
and sidewalks to match the existing improvements. Coordinate the
alley vacation with the District's Right-of-Way staff.
2.29 Other than the alley access specifically approved with this application,
direct lot or parcel access to Pine Street is prohibited.
\
2.30 A reqltest for modification, variance or waiver of any requirement or
policy' outlined in the conditions shall be made in writing to the ACHD
Planning and Development Supervisor.
2.31 After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor within six days of the action and shall include
a minimum fee of $110.00.
2.32 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 193.
2.33 . All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable
ACHD Ordinances unless specifically waived. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans,
2.34 The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which
incorporates any required design changes.
2.35 Construction, use and property development shall be in conformance
with all applicable requirements of the Ada County Highway District
prior to District approval for occupancy.
2.36 The responsibility of the applicant shall be to verify all existing utilities
within the right-of-way. Existing utilities damaged by the applicant
shall be repaired by the applicant at no cost to ACHD. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9
BY COLE ASSOCIATES / CUP-DO-Oll
any ACHD conduits (spare or filled) are compromised during any phase
of construction.
2.37 No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada
County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County
Highway District.
2.38 Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply
with all rules, regulations, ordinances, plans, or other regulatory and
legal restrictions in force at the time the applicant or its successors in
interest advises the ACHD of its intent to change the planned use of the
subject property unless a waiver/variance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change
is use is sought.
Adopt the Recommendations of the ParIes and Recreation Department as follows:
2.39 The vacation of the alley to the north of Generations Plaza is agreeable,
but the developer shall be responsible for improvements and
maintenance to the entire of alley width. The 16 feet includes the cities
half of the alley, which will serve as the sidewalk for the developers
building. Material used for the alley shall be agreed upon by the City
and developer.
2.40 The developer shall be responsible for improvements to the sidewalk
from Idaho Street to the alley. The City and developer shall agree
upon sidewalk materials.
2.41 The developer shall also be responsible for improvements and
maintenance of a three-foot wide landscape buffer along the edge of the
east building, between the patio and the alley. Landscape specifications
and level of maintenance shall be approved by the Parks Department.
The City will provide irrigation water.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9
BY COLE ASSOCIATES / CUP-OO-022
2.42 The developer shall be responsible for improvements and maintenance
to the entire leased area. The Parks Department shall approve the patio
design, landscape specifications, and level of maintenance. Irrigation
water shall be provided by the City,
The Planning and Zoning Commission further recommend that the sidewalk on the
north side of the bJilding be deleted.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use pennit is not transferable
'Without complying 'With the provisions of Meridian City Code S 11-17 w8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
~t/kJL , 2000.
2o+!L
day of
'-
D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By~if~~ ~~l)--
ity Clerk (/
Dated:
6- Ztl--() 0
msg/Z:\ Work\M\Meridian 15360M\Cole Associates\CUPOrder22
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9
BY COLE ASSOCIATES I CUP-OO-022
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IRECEIVED
JUNO 6 2000
lIe/TY OF MERIDIAN
CITY CLERK OFFICE
cole j associates, P. A
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION FOR )
PRELIMINARY AND FINAL )
PLATS FOR SCOTTSDALE )
SUBDIVISION LOCATED )
SOUTH OF FRANKLIN RD & )
WEST OF SOUTH WEST 7th )
AVENUE, MERIDIAN, IDAHO)
)
BY: BRIGGS ENGINEERING)
STEVE ARNOLD )
)
CASE NO. TE-00-004
ORDER GRANTING A ONE (1) YEAR
TIME EXTENSION FOR FILING THE
PRELIMINARY AND FINAL
DEVELOPMENT PLAN
This matter coming on regularly before the City Council on the 20th day of
June, 2000, upon the Applicant's time application for a one (1) year extension within
which to submit the Preliminary and Final Development Plan as provided in
Meridian City Code S 12-3-6 B, and good cause appearing:
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT
The above named Applicant is granted a one (1) year extended period of time
from June 2, 2000 within which to submit the Preliminary and Final Development
Plan for the above entitled subdivision application.
ORDER GRANTING A ONE (1) YEAR TIME - PAGE 1 OF 2
EXTENSION FOR FILING THE PRELIMINARY
AND FINAL DEVELOPMENT PLANS
SCOTTSDALE SUBDIVISION ~ TE-00-004
'7_-11..
By action of the City Council at its regular meeting on the .?-O - day of
d t0J?-
DATED this
,2000.
2'1'l-
. 0 -- day of
J~
,2000,
~/Jil'~A~1
or Robert D. Corrie
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By~~:-~~9-
Dated: f;.- 2fJ--tJO
msgJZ:\ W or k\M\Meridian 15360 M\Scottsdale FP\OrderGrantOne Y rTimeExt
ORDER GRANTING A ONE (1) YEAR TIME - PAGE 2 OF 2
EXTENSION FOR FILING THE PRELIMINARY
AND FINAL DEVELOPMENT PLANS
SCOTTSDALE SUBDIVISION - TE-00-004
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
WilLIAM A. MORROW
WilLIAM F. NICHOI.S*
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE*"
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO B3653-0~47
TEL (ZOB) 466-9Z72
FAX (Z08) 466-4405
Email vialnternet@wfg@wppmg.com
"ALSO AOMITIED IN OR
"ALSO ADMITIED IN WA
PLEASE REPLY TO
MERIDIAN OFFICE
June 29, 2000
William G. Berg, Jr.
MERIDIAN CITY CLERK
33 East Idaho
Meridian, Idaho 83642
RECEIVED
J U N 3 0 2000
CITY OF MERIDIAN
Re: PINTAIL POINTE SUBDIVISION FINAL PLAT
BY: JEFF MANSHIP (FpwOO-009)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of
the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and
signature by the Mayor and yourself. Please serve a copy of the ORDER upon the
Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning,
Public Works and attorney's office,
If you have any questions, please give me a call.
Wm. F. Nichols
msg/Z:\Work\M\Meridian I 5360M\Pintail Subd\BergFPOrdAppro.IL TR
BEFORE THE MERIDIAN CITY COUNCIL
IN THE !v1ATTER OF THE )
APPLICATION OF JEFFREY L. )
MANSHIP, FOR APPROVAL OF )
FINAL PLAT FOR PINTAIL )
POINTE SUBDIVISION, )
LOCATED AT SOUTH SIDE OF )
CHERRY LANE, EAST OF BLACK )
CAT ROAD, MERIDIAN, IDAHO )
)
)
CASE NO. FP-OO-009
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to Meridian City Code S 12~3-7 on Junee 20,2000, and the Council finding
that the Administrative Review is complete which has included certain comments and
conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and
Zoning Administrator, and Bruce Frecldeton, Assistant to City Engineer, listing 8 General
Comments and 17 Site Specific Comments, which are herein found fair and reasonable,
and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and
the Council having considered the requirements of the preliminary plat the Council tak.es
the fonowing action:
IT IS HEREBY ORDERED THAT:
1.
The Final Plat of "PINTAIL POINTE SUBDIVISIONrl as evidenced in Plat
bearing the File name: PINTAIL POINTE SUBDIVISION, SHEET I OF 2, DATED:
5/3/2000, J.J. HOWARD ENGINEERS, and JEFF :MANSHIP, DEVELOPER, is
ORDER OF CONDITIONAL APPROVAL OF -- PAGE I OF 3
FINAL PLAT FOR PINTAIL POINTE SUBDIVISION / (FP-00-009)
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Frecldeton, Assistant to the
City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated June 15,2000,
listing 8 General Comments and 17 Site Specific Comments, a true and correct copy of
which is attached hereto marked Exhibit "An and by this reference incorporated herein,
with the additional requirements as follows, to-wit:
1.1 The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that plans
must be submitted to and approved by the Idaho Department of
Health and Welfare, Division of Environmental Quality for central
sewage and central water; that run-off is not to create a mosquito
breeding problem; and it is suggested that stormwater be pretreated
through a grassy swale prior to discharge to the subsurface to prevent
impact to groundwater and surface water quality; that engineers and
architects should obtain current best management practices for
stormwater disposal and design a stormwater management system
that is preventing groundwater and surface water degradation.
Manuals for guidance:
1.1.1 State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the
Idaho Division Of Environmental Quality, July 1997.
1.1.2 Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, January 1997.
2.
The final plat upon which there is contained the Certification and signature
of the City Clerk and the City Engineer verifying that the plat meets the
City's requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer; and
ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 3
FINAL PLAT FOR PINTAIL POINTE SUBDIVISION I (FP-00-009)
b. The City Engineer has verified that all offwsite improvements are
completed and/or the appropriate letter of credit or cash has been
\issued guaranteeing the completion of off-site and required onwsite
improvements.
By action of the City Council at its regular meeting held on the 2o"-~ of
J~
,2000.
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
B~P~ 9- Dated: 1~Jr?~tJ{)
City Clerk
msg\Z:\Work\M\Meridian 1 5360M\PintaiJ Subd\Order FP
ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 3
FINAL PLAT FOR PINTAIL POINTE SUBDIVISION I (FP-00-009)
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
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
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . Fax 888-6854.
To:
Mayor .and City Council
R~e 15. 2000
! ~CEIVED
MEMORANDUM:
From:
Bruce Freckleton, Assistant to City ~~eer ~
Shari Stiles, P&Z Administrator C5C:r
H : 'J .~ ~ ..,.jl"'l.....
,.;~I. I !.j LGl..:U
Re:
CITY OF MERIDIAN
CITY CLERK OFFICE
Request for Final Plat for PINTAIL POINTE SUBDIVISION - 11 Single-family
Lots on 3.68 Acres in an R-4 Zone by Jeff Manship
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
GENERAL COMMENTS:
1. Sanitary sewer and water services to this subdivision are contingent upon construction of
mainlines through the adjacent English Gardens Subdivision. English Gardens
Subdivision must be recorded and constructed prior to this development.
2. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped 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. No variances have been requested
for tiling of any ditches crossing this project.
3. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
4. 100-watt, high-pressure sodium streetlights will be required at locations designated by the
Public Works Department. All streetlights shall be installed at subdivider's expense.
Typical locations are at street intersections and/or fire hydrants.
5. Submit a "Final Stage" letter from the Ada County Street Name Committee, approving
the subdivision and street names. Make any corrections necessary to conform.
FI'.00.009 l'inuUll'oUlto.FI'.doc
EXh/h/f 11-7 ((
,..-
I
Mayor. Council and P&2(
June 15. 2000 .....
Page 2
6. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K
8. Please add and/or revise the following notes:
(2.) Building setbacks and dimensional standards in this subdivision shall conform...
(10.) The owner of each lot. across which passes an irrigation/drainage ditch or pipe, is
responsible for the maintenance thereof, unless such responsibility has been
assumed by an irrigation/drainage district.
(11.) The bottom elevation of house footings shall be set a minimum of 12 inches
above the highest established nonnal groundwater elevation.
SITE SPECIFIC COMMENTS:
1. Sanitary sewer service to this site is proposed to be an extension from the proposed
English Gardens "Subdivision. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Sewer manholes are to be provided to keep
the sewer lines on the south and west sides of centerline. This development will be
subject to Black Cat Trunk expansion fees. These fees are currently estimated to be
$1,500.00 per lot. These fees shall be due and payable upon city signatures on the final
plat map.
2. Water service to this site shall be via extensions from proposed mains within the
proposed English Gardens Subdivision. Applicant will be responsible to construct the
water mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
3. Applicant has indicated that the pressurized irrigation system within this development is
to be owned and maintained by the Nampa & Meridian Irrigation District. If a single-
point connection is utilized in the overall system for English Gardens and Pintail Pointe
Subdivisions, the developer shall be responsible for the payment of water assessments for
the common area, (Lot 1. Block 1) prior to signature on the final plat by the Meridian
City Engineer.
4. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
5. Coordinate fire hydrant placement with the Meridian Public Works Department.
FP.oo.OO9 P",lail Poin,o.FP.doc
Gxhl bl 'f 1'/1 It
Mayor, Council and P&z(
June 15,2000
Page 3
6. A hammer-head turnaround shall be provided at the terminus of the east and west ends of
the stub street providing frontage to Lots 1 and 2, Block 3.
7. The preliminary _plat indicates several open ditches within or adjacent to the subdivision
boundary; however, no existing ditch easements are shown, nor is there any information
as to how these ditches are to be handled. Please show any existing easements of record
and any plans for piping, relocating, or abandoning these ditches. No variances have
been requested for tiling of any ditches on this property..
8. Developer shall be responsible for payment of assessments and the actual physical
connection to the municipal sewer and water system of the existing home located on Lot
2, Block 3. Fees are to be paid prior to signature of City Engineer on the final plat.
9. Please submit a detailed landscape plan, including berming details, for the buffer along
Cherry Lane. A letter of credit or cash surety will be required for the improvements prior
to signature on the Final Plat.
10. There is a 30-foot wide, permanent, ingress, egress and utility easement along the west
property line of this parcel (not shown on the plat). Applicant has submitted an
application to vacate this existing easement. On May 24th, 2000 the Planning & Zoning
Commission passed on th City Council a favorable recommendation for vacation. The
easement vacation must be complete prior to the City Engineer's signature on the Final
Plat.
11. Permanent, six-foot-high fencing is to be installed along the east and south boundaries
prior to applying for building permits. The proposed fencing plan submitted with the
fmal plat application shows only temporary four-foot-high fencing, which is not
acceptable.
12. Please be prepared to address any items in dispute at the Meridian City Council meeting
of 6/15/00.
13. Please graphically depict a 10-foot wide drainage & irrigation easement along the rear lot
lines of Lots 2 & 3, Block 1.
14. Correct the dimensional error of the right-of-way widths on the east end of the
hammerhead turn-around.
15. Label the "West 1/16th Corner" along the north section line.
16. Place an arrow depicting the "front of house orientation" towards N. Manship Place for
Lot 1, Block 3. This is required because the north boundary line doesn't' meet minimum
frontage requirements.
17. Please complete the Certificate of Owners and its accompanying Acknowledgement.
FP-OO-OO9 PlOtail POlOte.FP.doe
Ex h /(:;, Y 1'/7 Ie
BEFORE THE MERIDIAN CITY COUNCIL
06-08-00
IN THE MATTER OF THE )
APPLICATION OF OVERLAND, )
16, L.L.C., THE APPLICATION )
FOR ANNEXATION AND )
ZONING OF 16.119 ACRES )
FOR RESOLUTION BUSINESS )
PARK, LOCATED AT LOCUST )
GROVE AND OVERLAND )
ROADS, MERIDIAN, IDAHO )
)
Case No. AZROO-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on June 6, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and appearing on behalf of the
Applicant was Becky Bowcutt, Briggs Engineering, Inc., and appearing and testifying
'with comments or concerns were: Marion Burtell, Ted Sutherland, Bruce Waite,
Dave Sheppard, John Shipley, Lacey White, Norma Gale, and 1vIichelle Barron, and
the City Council having duly considered the evidence and the record in this matter
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ~OO-004)
therefore makes the following Findings of Fact and Conclusions of Law, and Decision
and Order:
FINDINGS OF FACT
I. The r:otice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for June 6, 2000, before the City Council, the first publication appearing
and "vritten notice having been mailed to property owners or purchasers of record
within three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 6,2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss 67-6509 and 67~6511, and Meridian City Code ss 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZMOOM004)
development ordinances codified at Titles 11 and 12, :Nleridian 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 to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 16.119 acres in size and is located
at the southeast corner of Overland Road and South Locust Grove Road. The
property is designated as Resolution Business Park.
S. The owner of record of the subject property is Overland 16, LLC of
Boise, Idaho.
6. Applicant is owner of record.
7. The property is presently zoned by Ada County as R-T, and consists of
Rural Transitional agricultural Iand.
8. The Applicant requests the property be zoned as C-G.
9. The subject property is bordered to the north by C-G zoning, to the
south and west by R-1 and R-4, and to the ease by Ada County R-T and city limits of
the City of Meridian are adjacent and abut to the north, south and west of the
subject property.
10. The property which is the subject of this application is vvithin the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
of Impact of the City of Meridian.
11. . The entire parcel of the property is included vvithin the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Pl~n.
12. The Applicant proposes to develop the subject property in the following
manner: planned commercial development.
13. The Applicant requests zoning of the subject real property as C-G which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use Development.
14. . There are no significant or scenic features of major importance that
affect the consideration of this application.
15. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendation of Planning and Zoning Staff as follows:
15.1 . The zoning shall be a lower intensity commercial zone, Neighborhood
Commercial (C-N), rather than C-G, for the property described in the
application subject to signing a development agreement.
15.2 Any existing irrigation/drainage ditches crossing the property to be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLDTION BUSINESS PARK (AZ-OO-004)
included in this project shall be tiled per City Ordinance. The ditches to
be piped shall be shuwn on the site plans. Plans shall be approved by
the appropriate irrigation/drainage district, vvith written confirmation of
said approval submitted to the Public Works Department. No variances
have been requested for tiling oEany ditches crossing this project.
15.3 Any ~xisting domestic wells and/or septic systems within this project
shall 'have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
15.4 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
15.5 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance and in
accordance with Americans vvith Disabilities Act (ADA) requirements.
15.6. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and
disposed of on-site.
15.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section.
15.8 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs will be permitted.
15.9 Provide five-foot-wide sidewalks in accordance with City Ordinance.
15.10 All construction shall conform to the requirements of the Americans
with Disabilities Act.
15.11 Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
parcel lying to the east (RZ-00-003) shall be designed and built.
16. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 15, and all
sub-parts, the economic welfare of the City and its residents and ta."X and rate payers
\
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
17. It is also found that the development considerations as referenced in
Finding No. 15 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.
18. It is found that the zoning of the subject real property as Neighborhood
Business District (C-N) 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/Planned
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
Use Development.
19. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as, follows:
19.1 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 grovvth vvith 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 ordinances of the City to all applications such as the
subject application.
19.2 This proposed new grovvth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses vvithin the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3 The application is consistent vvith Meridian's self identity.
19.4 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 ordinances of the City to the
. subject application.
19.5 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.
19.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
plan and the Zoning ordinances of the City to the subject application.
20. The property can be physically serviced "vith City water and sewer, if
applicant extends the-lines.
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 "vithin the area of city impact as provided by
Idaho Code. Section 50-222. The Meridian City Code S 11~16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of '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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO~004)
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 grovvth 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Goals Section
Goal 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.
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and Functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive atmosphere
that encourages. . . commercial enterprises to locate in Meridian.
1.3 The character, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area.
Land Use Chapter
IAU - Encourage new development which reinforces the City's present development
pattern of higher-density development within t.he Old To\vn area and lower-density
development in outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING .APPLICATION
FOR ANNEXATION AND ZONING/BY OVERlAND 16, LLC
RESOLUTI.oN BUSINESS PARK (AZ-OO-004)
l.8U - 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 for the purpose of providing the City
vvith a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks vvithin all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old TovVIl district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
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.
Transportation Chapter
lAD - 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.
Open Spaces, Parks and Recreation
2.5U - New subdivision development. . . will be considered as opportunities to. . .
encourage the development of recreational open spaces and parks as part of new
planned de,:,elopments.
FINDINGS: OF FACT AND CONCLUSIONS OF LAW ~ Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types. , .
i:l a variety of locations suitable for residential development.
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
\
1.6 - Housing proposals shall be phased with transportation, 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.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
5. The zoning of Neighborhood Business District (C-N) is defined in the
Zoning Ordlnance at S 11-7-2 H as follows: .
(C-N) Neighborhood Business District: The purpose of the C-N District is
to permit the establishment of small scale convenience business uses which are
intended to meet the daily needs of the residents of an immediate
neighborhood (as defined by the policies of the ivleridian Comprehensive Plan);
to encourage clustering and strategic siting of such businesses to provide service
to the neighborhood and avoid intmsion of such uses into the adjoining
residential districts. ..AJ.I such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION .AND ORDER GRANTING APPLICATION
FOR ANNEXATION Al"-JD ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PA1U( (AZ-OO-004)
the City, and shall not constitute all or any part of a strip development
concept.
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 planned
commercial development on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt VS. The
CitvofldahoFalls, 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 Ordinance 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 mvner or developer make a vvritten
comrnitment 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
FINDINGS OF FACT Al'\JD CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYOVElliAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
parceL Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the ovvner of the parcel, each subsequent
ovvner, and each other person acquiring an interest in the property. A
commitment is binding on the awner of the property even if it is unrecorded;
however, an l..!-nrecorded commitment is binding on subsequent ovvners and
each other person acquiring an interest in the property only if the subsequent
ovvner 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
16.119 acres to Neighborhood Business District (C-N) is granted subject to the terms
and conditions. of this Order hereinafter stated.
2. The application is for annexation and zoning of 16.119 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 of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. . Developer 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
conditions of development, to-wit:
3.1 The zoning shall be a lower intensity commercial zone, Neighborhood
Commercial (C-N), rather than C-G, for the propeny described in the
application subject to signing a development agreement.
3.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The ditches to
be piped shall be sho"WIl on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, with vvritten confirmation of said
approval submitted to the Public Works Depanment. No variances have
been requested for tiling of any ditches crossing this project.
3.3 Any existing domestic wells and/or septic systems vvithin this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
3.4 Off-street parking shall be provided in accordance vvith City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
3.5 Paving and striping shall be in accordance with the standards set fonh in
the City of Meridian Zoning and Development Ordinance and in
accordance vvith Americans with Disabilities Act (ADA) requirements.
3.6. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
3.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance vvith City
Ordinance Section.
3.8 All signage shall be in accordance "vith the standards set fonh in the
City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs will be permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAvV - Page 15
AND DECISION AND ORDER GRA1"1TING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
3.9 Provide five-foot~wide sidewalks in accordance with City Ordinance.
3.10 .All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.11 . Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
parcel lying to the east (RZ-00-003) shall be designed and built.
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 (C-N) Neighborhood Business
District, and Meridian City Code s llw7-2 H.
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 s 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 Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days after
the date of this decision and order seek a judicial review as provided by Chapter 52,
FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 2of!; day
of
cf;(,~.
,2000.
ROLL CALL
COUNCILIvlAN RON ANDERSON
VOTED~
COUNCIL!v1A.N KEITH BIRD
VOTED$~
COUNCILMAN T.A1vfMY de WEERD
VOTED$A.-
COUNCIL!v1A.N CHERIE McCANDLESS
VOTED~
1v1AYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: t /"7-'2-~
I /
VOTED -
MOTION:
APPROVED~_DISAPPROVED:
Bys~-)~9.
City Cletk v
Dated: iY-- W----c9(J
-
-
msglZ:\Work\M\Meridian 1536QM\Resolulion Business Park AZ RZ CUP PP\AZFfClsOrder.wpd
FINDINGS OF FACT A1'JD CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-09-00
IN THE MATTER OF THE )
REQUEST FOR REZONE OF )
APPROXIMATELY 37.64 ACRES )
FOR PROPOSED RESOLUTION )
BUSINESS PARK LOCATED AT )
THE SOUTHEAST CORNER OF )
OVERLAND ROAD AND S. )
LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
G.L. VOIGT DEVELOPMENT, )
Applicant. )
)
Case No: RZ-OO-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 37.64 acres
having come on for public hearing on June 6, 2000, at the hour of 7:30 o'clock p.m.,
and Council having received the report of Shari Stiles, Planning and Zoning
Administra(or, and appearing and testifying on behalf of the Applicant was Becky
~
Bowcutt of Briggs Engineering, Inc., and those appearing vvith comments or concerns
were: Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley,
Lacey White, Norma Gale, and Michelle Barron, and the Council having received the
record of this matter made before the Planning and Zoning Commission, and having
received their Recommendation to the City Council, and the City Council having
duly considered the evidence and the record in this matter therefore makes the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R.4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-OO-003) - 1
following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
June 6, 2000, before the City Council, the first publication appearing and "vritten
notice having been mailed to property owners or purchasers of record within three
hundred feet (3001) of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 6, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City
Code ss 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 11 and Title 12,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 2
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance No. 629 - January 4,1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. \The property is approximately 37.64 acres in size. The property
is generally located at the southeast corner of Overland Road and S. Locust Grove
Road, in Meridian, and is described as follows;
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T., 3N., R. IE., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00024'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89052'1911 W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N OS029'17" W 20.43 feet along said centerline to a point;
Thence N 16014'08" W 216.98 feet along said centerline to a point;
Thence N 18027'39H W 470.81 feet along said centerline to a point;
Thence N 0;7006104" W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89052'19" E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel oEland contains 38.018 acres more or less.
5. The owner of record of the subject property is G .L. Voigt, of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 3
Idaho Falls, Idaho.
6. The Applicant is owner of record.
7. The property is presently zoned as R-4, and is agricultural land.
8. \The Applicant requests the property be rezoned to Limited (L-O).
9. The proposed site is surrounded by an RV Park (C-G) to the
north, an LDS church and a subdivision (R-I and R-4) to the south, a residential
subdivision (R-4) and (R-T) to the west and vacant land (R-T) to the east.
10. The subject property is within city limits of the City of Meridian.
II. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: planned commercial development.
13. The Applicant's requested rezoning of the subject real property as
L-O is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Mixed
Planned Unit Development.
14. There are no significant or scenic features of major importance
that affect the consideration of this application.
IS. The subject application for rezone and the proposed development
FINDINGS QF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AFPROV AL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 4
relates and is compatible to the goals and policies of the Comprehensive Plan of the
City as follows:
The goals and policies listed below most directly apply to the proposed
project:
Goals Section
Goal 3: To encourage the kind of economic growth and development which supplies
employment and economic selfMsufficiency 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.
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive
atmosphere that encourages. . . commercial enterprises to locate in
Meridian.
1.3 The character, site improvements and type of new commercial or
industrial developments should be harmonized with the natural
environment and respect the unique needs and features of each area.
Land Use Chapter
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
l.8U - 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 5
2.1 U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks within all
residential areas.
2.3U - Protect and\maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
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.
Transportation Chapter
lAU - 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.
Open Spaces. Parks and Recreation
2.5U - New subdivision development. . . will be considered as opportunities to. . .
encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types. . .
in a variety of locations suitable for residential development.
104 - The dev~lopment of housing for all income groups close to employment and
shopping centers should be encouraged.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 6
1.6 - Housing proposals shall be phased with transportation, 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.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
16. In review of the application for rezone it is provided at Meridian
City Code & 1I-I5-IUor the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
16.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
16.2 The area included in the zoning amendment is not intended to be
rezoned in the future;
16.3 The proposed use will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area,
subject to the conditions of the conditional use process;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 7
16.4 The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
16.5 The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
\drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
16.6 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
16.7 The use will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or
odors;
16.8 The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
16.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
16.10 The proposed zoning will be in the best interest of the City of
Meridian.
16.2 Staff conditions provide as follows:
16.2.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 8
16.2.2Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.2.3 Off-street parking shall be provided in accordance with City of
\Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
16.2.4Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
16.2.5A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained
and disposed of on-site.
16.2.60utside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
16.2.7 All signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
16.2.8Provide five-foot-wide sidewalks in accordance with City
Ordinance.
16.2.9All construction shall conform to the requirements of the
Americans with Disabilities Act.
16.2.10 A Development Agreement shall be required.
16.2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
17. The legal description of the property that is the subject of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 9
application for re-zone is as follows:
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range I East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T., 3N., R. IE., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00024'1611 W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89052'1911 W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N OS029'l1" W 20.43 feet along said centerline to a point;
Thence N 1601410811 W 216.98 feet along said centerline to a point;
Thence N 18021'39" W 470.81 feet along said centerline to a point;
Thence N Or06'0411 W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89052'1911 E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
CONCLUSIONS OF LAW
I. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 10
provided by "Local Land Use Planning Act of 197511, codified at Chapter 65, Title 67,
Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4, 1994.
3. The fQllowing are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The goals and policies listed below most directly apply to the proposed project:
Goals Section
Goal 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.
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive atmosphere
that encourages. . . commercial enterprises to locate in Meridian.
1.3 The character, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area.
Land Use Chapter
I.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 11
1.8U - 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 for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks within all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
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.
Transportation Chapter
lAU - 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.
Open Spaces. Parks and Recreation
2.5U - New subdivision development. . . will be considered as opportunities to. . .
encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types. . .
in a variety of locations suitable for residential development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-OO-003) - 12
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility pla-ns, 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.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11 U - Promote well-planned and well"designed affordable housing in all Meridian
neighborhoods.
4. The requested zoning of Limited Office District, (L"O) is defined in the
Zoning Ordinance at 11-7-2 G as follows:
(1-0) Limited Office District: The purpose of the L-O District is to permit
the establishment of groupings of professional, research; executive,
administrative, accounting; clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-Q District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
5. Idaho Code S 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 13
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
6. Idaho Code S 67 -6511A provides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
7. The City of Meridian by the adoption of Meridian City Code 5-
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a written commitment concerning the use or
development of the subject property.
8. S 11-6-1 ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any of the zoning districts as shown on the Official Zoning
Map, the following shall apply:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 14
8.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
. streams, lakes or other bodies of water, the centerline shall be construed
, to be such boundary;
8.2 Where district boundaries are so indicated that they approximately
follo~ the lot lines, such lot lines shall be construed to be said
boundaries;
8.3 . Where district boundaries are so indicated that they are approximately
parallel to the centerlines or street lines of streets, or the centerlines or
right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as
indicated on the Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
8.4 Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of the main tracks of said
railroad line.
9. & 11-15-110fthe Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the folluwing
standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment:
9.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
9.2 The area is not intended to be rezoned in the future.
9.3 The area is intended to be developed in the fashion that is allowed
under the new zoning.
9.4 There has been no change in the area or adjacent areas which would
dictate the area should be rezoned.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 15
9.5 The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
9.6 'The proposed uses will not be hazardous or disturbing to existing or
future~ neighboring uses;
9.7 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
stnlctures, refuse disposal, water, sewer or that the person responsible
for the establishment of proposed zoning amendment shall be able to
provide adequately any of such services;
9.8 The use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
9.9 The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
9.10 The area will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding
public streets;
9.11 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
9.12 The proposed zoning amendment is in the best interest of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROV Ai OF
REZONING OF 37.64 ACRES FROM RM4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 16
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately 37.64 acres
for construction and development of a planned commercial development is granted,
subject to the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and
development relate to this application to~wit:
2.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
2.3 Off~street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 17
(
2.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained
and disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
\ illumination on any nearby residential areas and in accordance
with City Ordinance Section.
2.7 All signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
2.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
2.10 A Development Agreement shall be required.
2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
3. The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the re-designation of the zoning for the
real property which is the subject of the application to (L-O) Limited Office District
(Meridian City Code s 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO LMO
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OO-003) - 18
Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning
ordinance.
NOTICE OF PINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezoning may, within twentyweight (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 J WJ.J....
20~
-'
2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
COUNCIL PERSON TAMMY deWEERD
VOTED~
VOTED yIe'^--
COUNCIL PERSON CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-OOw003) - 19
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: ~!7~
MOTION:
APPROVE~:~ -
DISAPPROVED:
VOTED -
Copy served upon Applicant, the Planning and Zoning Department, Public Warks
Department and the City Attorney.
By:JldL~~, 9-
City Clerk
Dated:
rnsglZ:\Work\M\Meddian 15360M\Resolution Business Park AZ RZ CUP PP\FfsClsOrderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT 1 (RZ-00-003) - 20
~
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR CpNDITIONAL )
USE PERMIT FOR "THE POND" )
ICE ARENA CONSISTING OF )
OFFICE, PRO SHOP, FITNESS )
CENTER, RESTAURANT, )
LOCKER ROOMS, EQUIPMENT )
STORAGE AND ARENAS )
ZONED L-O ZONE LOCATED )
AT LOCUST GROVE AND )
OVERLAND ROADS, )
MERIDIAN, IDAHO )
)
PAT McKEEGAN )
(REPRESENTATIVE FOR LEE )
SMITH ICE ARENA) )
)
APPLICANT. )
)
06-14-00
Case No. CUP-OO-015
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on June 6, 2000, at the hour of7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt,
Briggs Engineering, Inc., and appearing and testifying vvith conunents or concerns were:
Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley, LaceyWhite,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-OIS)
- I
!
!
Nonna Gale, and Michelle Barron, and the City Council having duly considered the
evidence and the record in this matter and the Recommendations to City Council issued
by the Planning and Zoning Commission who conducted a public hearing and the Council
\
having heard and taken oral and written testimony, and having duly considered the
matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for June 6, 2000,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purcl1asers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (IS) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
armouncements; and the matter having been duly considered by the City Council at the
June 6, 2000, public hearing; and the applicant, affected property owners, and govermnent
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-OIS)
- 2
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code s67-6509, 6512, and Meridian City Code ss 11-15M5 and 11-17-5 as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
\
Posting filed with t1l.e staff report.
3. This proposed development request is in Ada County (RMT) and Meridian (R-
4), by reason of the provisions of the Meridian City Code s 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at the SE corner of Overland Road and S. Locust
Grove Road, Meridian, Idaho.
5. The owners of record of the subject property are G. L. Voigt of Idaho Falls
and R. Craig Groves of Boise.
6. Applicant is Pat McKeegan for Lee Smith of Boise.
7. The subject property is currently zoned Ada County (R-T) and MeridianR-4.
There is a current application and reconunendation before the Meridian City Council for
rezoning to L-O and C-N. The zoning districts ofL-O and C-N are defined within the City
of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for an Ice Arena
consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment
storage and arenas. The zoning designation within the City of Meridian Zoning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O / (CUP-OO-OIS)
- 3
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
,
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, aild Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon services delivered by political subdivisions providing services to the
subject real property within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of the Planning and Zoning and Engineering departments
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-015)
- 4
12.A This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
pennits and conditional recommendations contained in AZ-00~004, RZ~
00-003, PP-00-006, CUP-00-015,CUP-00-016 and CUP~00-017, will
apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
12.1 All requirements provided in the PD-C section that apply to Site "C" (ice
arena) shall be incorporated here.
12.2 A minimum of seven (7) handicap accessible spaces must be provided to
. directly serve this facility.
Additional Recommendations and/or comments from Meridian Fire Department,
Central District Health Department, Nampa & Meridian Irrigation District, and the
Waste Water Treatment Plant are as follows:
12.3 The Meridian Fire Department requires that all codes, hydrants, fire
sprinkler systems shall be met. Roads shall be constructed before building
to be started.
12.4 The Central District Health Department requires that written approval
for the central sewage and central shall be submitted for their approvaL
Additionally, plans for the central sewage and central water shall be
approved by the Idaho Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface
. water quality. Best management practices for storm water disposal and
design a storm water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
12.4.1 State of Idaho Catalog! Stonnwater Best Management Practices For Idaho
Cities and Counties. Prepared by the Idaho Division of Environment
Quality, July 1997.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L.O / (CUP-OO-OIS)
- S
12.4.2Stonnwater Best Management Practices Guidebook. Prepared by City of
Boise Public Works Department, January 1997.
12.5 The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District
reselV~s the right to claim what they deem necessary to operate and
maintain the Hunter LateraL All storm drainage shall be retained on site.
12.6 The Waste Water Treatment Plant requires a minimum thousand gallon
grease and sedimentation interceptor.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial" .
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application vvill not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application vvill be selVed
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-015)
- 6
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503).
2. . The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment
of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section
67 -6504 which the City Council of the City of Meridian has established by the passage
of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII,
Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional use
pennits which a proposed use is otherwise prohibited by the terms of the ordinance but
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-OIS)
- 7
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use penuit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and that the proposed development: (Meridian City Code S 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O I (CUP-DO-GIS)
- 8
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use pennit in a Limited Office District (L-
0) and Neighborhood Business District (C-N), a public hearing shall be conducted
with notice to be published and provided to property owners or purchasers of record
within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance,
which provides as follows:
"Prior to approving a Conditional Use Pennit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public' hearing which shall be held before the Planning and
Zoning Commission; and after the recommendation of the Commission is
made, the application shall go before the City Council without a public hearing
and the Council may approve, deny, or modify the recommendation of the
Commission. "
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-015)
. 9
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code S 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. 'The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
1. That the above named applicant is granted a conditional use pennit for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-O 15)
-10
an Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms,
equipment storage and arenas, subject to the follmving conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering departments
as follows:
I.A This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
permits and conditional recommendations contained in AZ-00~004, RZ~
00-003, PP-00-006, CUP-00-OI5, CUP-00-OI6 and CUP-00-OI7, will
apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1 All requirements provided in the PD-C section that apply to Site "C" (ice
. arena) shall be incorporated here.
1.2 A minimum of seven (7) handicap accessible spaces must be provided to
directly serve this fadli ty.
Additional Recommendations and/or comments from Meridian Fire Department,
Central District Health Department, Nampa & Meridian Irrigation District, and the
Waste Water Treatment Plant are as follows:
1.3 The Meridian Fire Department requires that all codes, hydrants, fire
sprinlder systems shall be met. Roads shall be constructed before building
to be started.
1.4 The Central District Health Department requires that written approval
. for the central sewage and central shall be submitted for their approval.
Additionally, plans for the central sewage and central water shall be
approved by the Idaho Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That stonn water be pre-treated through a grassy swale prior to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-OIS)
-11
. discharge to the subsurface to prevent impact to ground water and surface
water quality. Best management practices for stonn water disposal and
design a stonn water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
1.4.1 \State of Idaho Catalog f Stonnwater Best Management Practices
For Idaho Cities and Counties. Prepared by the Idaho Division of
Environment Quality, July 1997.
1.4.2 Stonnwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, January 1997.
1.5 The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District
reserves the right to claim what they deem necessary to operate and
maintain the Hunter Lateral. All storm drainage shall be retained on site.
1.6 The Waste Water Treatment Plant requires a minimum thousand gallon
grease and sedimentation interceptor.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code & 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance 'With this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O / (CUP-OO-OIS)
- 12
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuG\:nt to Idaho Code S 67~6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit may within twenty-eight (28) days after the
date of this decision and order seek a judicial review as provided by Chapter 52, Title
67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of d {A..rr...L , 2000.
ROLL CALL:
20+11.
COUNCILMAN RON ANDERSON
VOTED $'-'
COUNCILPERSON KEITH BIRD
VOTED--.!/!:- A./
COUNCILMAN TA1\1MY deWEERD
VOTED F
VOTED ~
COUNCILMAN CHERIE McCANDLESS
-
MAYOR ROBERT D. COlUUE (TIE BREAKER) VOTED
DATED: ~;:..-o /____
I I
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O I (CUP-OO-OIS)
" 13
MOTION:
APPROVED:J?;f)--~
DISAPPROVED:
Copy served UpON Applicant, Planning and Zoning Department, Public Works 'J .
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA)
FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP,
FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT
STORAGE AND ARENAS ZONED L-O 1 (CUP-OO-OIS)
- 14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
PAT McKEEGAN (REPRESENTATIVE FOR LEE)
SMITH'ICE ARENA) FOR A CONDITIONAL )
USE PERMIT FOR "THE POND" ICE ARENA )
CONSISTING OF OFFICE, PRO SHOP, )
FITNESS CENTER, RESTAURANT, LOCKER )
ROOMS, EQUIPMENT STORAGE AND )
ARENAS ZONED L~O ZONE LOCATED AT )
LOCUST GROVE AND OVERLAND ROADS, )
MERIDIAN, IDAHO )
)
06~ 14~00
CASE NO. CUP-OO~015
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 20th day of June, 2000,
under the provisions of Meridian City Code S 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for an
Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms,
equipment storage and arenas, the proposed application request of a conditional use
permit for the construction, development, maintenance and use for an Ice Arena
consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment
storage and arenas, as described in the PRELIMINARY SITE PLAN - SITE "C",
DWG Date: 02/01/00 MNM, DWG NO. 990123, SHEET 3 OF 3 SITE "C", \IV1IL~
PREL MNM, RESOLUTION SUBDIVISION, BRIGGS ENGINEERING, INC.
ARCHITECT, and PAT McKEAGAN (REP. LEE SMITH), Developer, for the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT ~ PAGE 1 OF 5
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-OO-OI5
development of the aforementioned planned commercial development for a
commercial development consisting of an Ice Arena consisting of an office, pro shop,
fitness center, restaurant, locker rooms, equipment storage and arenas and which
property is described as:
A parcel of land lyiI;l.g in the NW 1/4 of Section 20, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being a portion of that Remainder Parcel as
shown on Record of Survey No. 4056, records of Ada County, Idaho, more
particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T. 3N., R. IE., B.M., thence S
00024'1611 W 443.01 feet along the east line of the NW 1/4 of said Section 20 to the
REAL POINT OF BEGINNING of this description;
Thence S 00024'16" W 406.14 feet to a point;
Thence N 89052119" W 559.67 feet to a point;
Thence N 00007'41" E 406.14 feet to a point;
Thence S 89052'19" E 127.41 feet to a point of curvature;
Thence along a curve to the right 25.79 feet, said curve having a radius of 20.00 feet,
a central angle of 73052'2011, tangents of 15.04 feet and a chord which bears S
52056109" E 24.04 feet to a point of reversed curvature;
Thence along a curve to the left 180.50 feet, said curve having a radius of 70.00 feet,
a central angle of 14]044'40", tangents of 242.08 feet and a chord which bears S
89052'19'1 E 134.49 feet to a point of reversed curvature;
Thence along a curve to the right 25.79 feet, said curve having a radius of 20.00 feet,
a central angle of 73052'20'1, tangents of 15.04 feet and a chord which bears N
53011'31" E 24.04 feet to a point of tangency;
Thence S 89052'1911 E 261.29 feet to a point to the REAL POINT OF BEGINNING.
This parcel contains 5.064 acres or 220,602 square feet, more or less.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-OO-015
2. That the above named applicant is granted a conditional use permit for an Ice
Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms,
equipment storage and arenas, located at the southeast corner of Overland Road and
S. Locust Grove Road~Meridian, Idaho, subject to the following conditions of use
and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
2.A This project is part of a multi-faceted requested development
including annexation, rezoning, preliminary plat and three (3)
conditional use permits and conditional recommendations contained
in AZ-OO-004, RZ~00-003, PP-OO-006, CUP-00-015, CUP-OO-016
and CUP-OO-O 17, will apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
2.1 All requirements provided in the PD-C section that apply to Site "c"
(ice arena) shall be incorporated here.
2.2 A minimum of seven (7) handicap accessible spaces must be
provided to directly serve this facility.
Additional Recommendations and/or comments from Meridian Fire Department,
Central District Health Department, Nampa & Meridian Irrigation District, and the
Waste Water Treatment Plant are as follows:
2.3 The Meridian Fire Department requires that all codes, hydrants, fire
sprinlder systems shall be met. Roads shall be constructed before
building to be started.
2.4 The Central District Health Department requires that written
approval for the central sewage and central shall be submitted for
their approval. Additionally, plans for the central sewage and central
water shall be approved by the Idaho Department of Health &
Welfare, Division of Environment Quality. Run-off is not to create a
mosquito breeding problem. That storm water be pre-treated
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5
BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-OO-OI5
through a grassy swale prior to discharge to the subsurface to prevent
impact to ground water and surface water quality. Best management
practices for storm water disposal and design a storm water
management system that is preventing groundwater and surface
water degradation. Manuals for guidance are:
2.4.1 State of Idaho Catalog f Stormwater Best Management
. Practices For Idaho Cities and Counties. Prepared by the
Idaho Division of Environment Quality, July 1997.
2.4.2 Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, January 1997.
2.5 The Nampa & Meridian Irrigation District notes that the Hunter
Lateral courses along the west boundary of the proposed project.
The District reserves the right to claim what they deem necessary to
operate and maintain the Hunter Lateral. All storm drainage shall be
retained on site.
2.6 The Waste Water Treatment Plant requires a minimum thousand
gallon grease and sedimentation interceptor.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code S 11-17-8, a copy of
which is attached to this permit.
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5
BY PAT McKEEGAN (REPRESENTATNE FOR LEE SMITH ICE ARENA) I CUP-OO-015
By action of the City Council at its regular meeting held on the
cT~ ,2000.
207~
day of
D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
BY:*,&;?~
Dated:
E:
~tJo
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5
BY P AT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-OO-O 15
~,
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-07 -00
IN THE MATTER OF THE APPEAL )
,
OF THE PLANNING AND ZONING )
ADMINISTRATOR'S DENIAL OF )
APPLICATIONFORARENTALCAR )
FACILITY ON SOUTH MERIDIAN ROAD)
)
)
BY: TIM BEVER )
)
ORDER GRANTING
APPEAL, OVERRULING
PLANNING AND ZONING
ADMINISTRATOR'S
DENIAL OF APPLICATION
AND ORDER OF RE1\1A.ND
This matter coming before the City Council on June 6, 2000, at the hour of
7:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon
the appeal of Tim Bever, and the Council having received the Appeal Application
form, and the record in this matter, and having heard the arguments and presentation
of Shari Stiles, Planning and Zoning Administrator, and Tim Bever, the Applicant,
and being fully advised in the premises issues the following Findings of Fact and
Conclusions of Law and Decision and Order:
FINDINGS OF FACT
I. Tim Bever submitted for approval, to the Planning and Zoning
Administrator, an application for a rental car facility on South Meridian Road located
within a C-G zone.
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 1 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: Tim Bever)
2. The Planning and Zoning Administrator's office denied the application
for a rental car facility on South Meridian Road upon the basis that a conditional use
permit would be required for a rental facility as it is not listed in the Zoning Schedule
of Use Control.
3. Tim Bever timely filed an appeal of the Administrator's determination
and decision for hearing before the City Council.
4. The rental car facility would occupy the existing building as Enterprise
Rent-A-Car, as their leasing office, and use the back portion of the building for
storage of the rental cars. No car sales shall be permitted or conducted upon the
premises. Additionally, no vehicles shall be parked in the front of the building.
5. Subject to the conditions of Finding no. 4, herein, the proposed use of a
rental car facility does not require a conditional use permit within a C-G zone and
therefore the decision of the Administrator of denial is overruled.
CONCLUSIONS OF LAW
1. The City of Meridian has duly enacted the following ordinance
provisions regulating rental facilities as follows:
1.1 The rental facilities shall be expressly prohibited in all districts
except as otherwise provided by this Ordinance.
2. The City ordinances provide at Meridian City Code S 11-3~4 for an
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 2 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: Tim Bever)
appeal, hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by the Planning and Zoning Administrator.
DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION FOR A
RENTAL CAR FACILITY ON SOUTH MERIDIAN ROAD OF TIM BEVER
AND ORDER OF REl\.1A.ND
Based upon the above and foregoing Findings of Fact and Conclusions of Law
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
I. The decision of the Planning and Zoning Administrator of denial of the
rental car facility is based upon the grounds that a conditional use permit would be
required for a rental car facility as it is not listed in the Zoning Schedule of Use
Control and under the provisions of Meridian Zoning and Development Ordinance
11-6-4 which states as follows:
"USES NOT SPECIFICALLY PERMITTED OR LISTED IN DISTRlCTS
I. When a use is not specifically listed as a permitted use, such use shall be
hereby expressly prohibited unless by application and authorization (as
provided for under Conditional Use) it is determined that said use is
similar to and compatible with listed permitted uses. Such uses may
then be permitted as Conditional Uses."
but is overruled upon the condition that the rental car facility would be allowed in
the C-G zone for the use of a rental car facility and for the storage of the rental cars
in the back portion of the premises, but that no car sales shall be permitted or
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 3 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: Tim Bever)
, ,
conducted on the premises.
2. This matter is remanded to the Planning and Zoning Administrator for
further action in accordance with this decision.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code @ 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the appeal may within twentyweight (28) days after the date of this decision and
order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
,'/ d-A
By action of the City Council at its regular meeting held on the ~v - day of
J~
,2000.
ROLL CALL:
COUNCILMAN ANDERSON
VOTED ~t?...-
COUNCILMAN BIRD
VOTED flee<.-
COUNCILPERSON deWEERD
VOTED~
COUNCILPERSON McCANDLESS
VOTED ~
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 4 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: Tim Bever)
I ( €
MAYOR ROBY:rRT . CORRIE (TIE BREAKER)
DATED: ~ /;2~
I
MOTION: _~
APPROVED: ~
VOTED
DISAPPROVED:
,....---'
By:J!f!L~
ity Clerk .
Dated: ;/ttJ~{J {J
~
msglZ:\Work\M\Meridian 15360M\Bever Tim Appeal of P &Z Admin\ORDERGrantingAppeaIOver-RulingPZDenail.wpd
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 5 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: Tim Bever)
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
,
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR RESOLUTION )
BUSINESS PARK )
)
BY: OVERlAND 16, L.L.C. AND )
JOINT SCHOOL DISTRICT NO. )
2, OWNERS AND G. L. VOIGT )
DEVELOPMENT, APPLICANT )
)
)
06-14-00
Case No. PP-OO~006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on June 6, 2000, and Shari Stiles, Planning and Zoning Administrator,
appeared arid testified, and appearing on behalf of the Applicant was Becky Bowcutt,
Briggs Engineering, Inc., and appearing and testifying with comments or concerns
were: Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley,
Lacey White, Norma Gale, and Michelle Barron, and the City Council having
received a report from Bruce Freckleton, Senior Engineering Technician, Brad
Hawkins-Clark, Assistant Planner, and Christy Richardson, Planner, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. 1. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK 1 (PP-OO-006) - 1
submitted the "Preliminary Plat Drawing DWG DATE: 02/01/00 MNM, DWG NO.
990123, SHEET I of I PRE-I, \MIL~PREl. MNM, BRlGGS ENGINEERlNG, INC.,
\
Engineers, G. L. VOIGT/G. L. VOIGT DEVELOPMENT and CRAIG GROVES AND
GREG JOHNSON OVERLAND L.L.c., Developers/Owners, and JOINT SCHOOL
DISTRICT NO.2, Owner, for RESOLUTION SUBDIVISION," submitted for
preliminary plat approval and which preliminary plat for approval application is
herein received and adjudged by the City Council pursuant to Meridian City Code S
12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. ,That the proposed development is in 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 Limited Office District (L-O) and
Neighborhood Business District (C-N), and requires connection to the Municipal
Water and Sewer System. [Meridian City Code S 11-7-2 C.]
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK! (PP-OO-006) _ 2
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Assistant City Engineer
and as proposed by the developer as stated on the preliminary plat there will be
public financial capability of supporting services for the proposed development.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as: "Preliminary Plat Drawing DWG DATE:
02/01/00 MNM, DWG NO. 990123, SHEET 1 of 1 PRE-I, \MIL-PREl. MNM,
BRIGGS ENGINEERING, INC., Engineers, G. L. VOIGT/G. L. VOIGT
DEVELOPMENT and CRAIG GROVES AND GREG JOHNSON OVERLAND
L.L.C., Developers/Owners, and JOINT SCHOOL DISTRICT NO.2, Owner, for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, LLC. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK/ (Pp.OO-006) - 3
RESOLUTION SUBDIVISION."
DECISION AND ORDER
\
Pursuant to the City Council's authority as provided in Meridian City
Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat
Drawing DWG DATE: 02/01/00 MNM, DWG NO. 990123, SHEET 1 of 1 PRE-I,
\MIL-PREL MNM, BRIGGS ENGINEERING, INC., Engineers, G. L. VOIGT/G. L.
VOIGT DEVELOPMENT and CRAIG GROVES AND GREG JOHNSON
.
OVERLAND L.L.C., Developers/Owners, and JOINT SCHOOL DISTRICT NO.2,
Owner, for RESOLUTION SUBDIVISION," is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
2.1 A letter shall be submitted from the Ada County Street Name
Committee, approving the subdivision and street names. Make any
corrections necessary to conform.
2.2 Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
2.3 Applicant shall be required to enter into a Re-Assessment Agreement
with the City of Meridian for all commercial uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. 1. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK 1 (PP-OOw006) - 4
2.4 Sanitary sewer selVice to this site would be via extensions from the Five
Mile Trunk that is currently under construction by this applicant.
Applicant shall be responsible to construct the sewer mains to and
through this proposed development. Subdivision designer to coordinate
main Sizing and routing with the Public Works Department. Sewer
manholes are to be provided to keep the sewer lines on the south and
west sides of the centerline.
2.5 Water selVice to this site would be via extensions from newly
constructed mains under the interstate, and from extensions of existing
mains installed in adjacent developments. Applicant shall be responsible
to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Provide the Public works
department with information on anticipated fire flow and domestic
water requirements for the proposed site. Water selVice to this
development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the existing
mains should be monitored with the Meridian Water Department.
2.6 Two-hundred-fifty- and lOG-watt, high-pressure sodium streetlights
would 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.
2.7 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on
the proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains would not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
2.8 Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an
association or the Nampa & Meridian Irrigation District. If the system
is being proposed as a private system, plans and specifications for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK 1 CPP-OO-006) - 5
irrigation system shall be reviewed by the Public Works Department as
part of the development plan. review process. A draft copy of the
pressurized irrigation system 0&1\1 manual must be submitted prior to
plan ~pprovaL The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If a creek or well
source is not available, a single-point connection to the culinary water
system shall be required. If a single~point connection is utilized, the
developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City
Engineer. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area.
2.9 Show all existing easements for irrigation/drainage facilities located
within the boundaries of this proposed development (Le. Hunter Lateral
easements) .
2.10 Detailed landscape plans for the Overland Road and Locust Grove Road
landscape frontage buffers and for street landscaping along Millennium
Way and Celebration Avenue shall be submitted for review and
approval with submittal of the Final Plat application. This requirement
does not include interior lot landscaping. Interior landscaping would be
dealt with on a site by site review basis with future CUP applications. A
letter of credit or cash surety would be required for the improvements
prior to signature on the Final Plat.
2.11 Overland and Locust Road landscape buffers to be platted as separate
common lots within the subdivision and maintenance be the
responsibility of the Development Committee! Association. However,
the Planning and Zoning Commission recommend an easement as
opposed to a separately platted buffer zone.
2.12 Six-foot-high, permanent perimeter fencing shall be required along the
eastern boundary of Lot 1, Block 3, and Lot 2, Block 1, and along the
southern boundary of Lot 15 & 16, Block 1. Submit detailed fencing
plans for review and approval with submittal of the Pinal Plat. All
required fencing is to be in place prior to issuance of building permits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARKI (PP-OO-006) - 6
2.13 The Applicant would construct a privacy fence along the east boundary
of the Hunter Lateral.
2.14 Appli~ant shall provide a vehicular access across the Hunter Lateral
between Site "A" and Site "B" and the developer will install an in-
operable gate with cooperation of the Meridian Fire Department to
prevent students crossing to Locust Grove Road.
2.15 Applicant shall provide 35 feet of landscape buffer along Overland Road
and a meandering sidewalk.
2.16 The revised Preliminary Plat shall be submitted to the City prior to the
City Council meeting at which it would be heard.
2.17 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The ditches
to be piped should be shown on the site plans. Plans would need to be
approved by the appropriate irrigation/drainage district, with vvritten
confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
2.18 Any existing domestic wells and/or septic systems within this project
would have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscaping irrigation.
2.19 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed in
sitewspecific requirements.
2.20 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
2.21 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARICI (PP-OO-006) - 7
disposed of on-site.
2.22 Outside lighting shall be designed and placed so as not to direct
illumipation on any nearby residential areas and in accordance with
City Ordinance Section.
2.23 All sign age shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance. No temporay
sigange, flags, banners or flashing signs shall be permitted.
2.24 Provide five-foot-wide sidewalks in accordance with City Ordinance.
2.25 All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.26 Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
parcel lying to the east (RZ-00-003) shall be designed and built.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.27 All fire codes will have to be met.
Adopt the Recommendations of the Central District Health Department as
follows:
2.28 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.29 Run-off is not to create a mosquito breeding problem.
2.30 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.31 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK 1 (PP-OO-006) - 8
(
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
The Plannin$ and Zoning Commission further recommended:
2.32 For additional access the developer will work with the School District
on the options for along the SW boundaries.
Adopt the Recommendations of the Ada County Highway District as follows;
2.33 n order to reduce trips to and from this development it is recommended
that tenants occupying the proposed building be required to provide an
Alternative Transportation Program for employees and provide an
annual report to ACHD on employee participation. Commuteride staff
will coordinate the Alternative Transportation Program with the
applicant.
2.34 In order to reduce trips to and from this development, the tenants
occupying the proposed building(s) should be required to participate in
any Transportation Management Association (TMA) or Transportation
Management Organization (TMO) that is formed with a boundary that
includes this site or is adjacent to this development.
2.35 ACHD's Park & Ride Division Staff have indicated the need for a park
and ride location at the applicant's site. The District requests that
applicant grant the District an easement for a 10 to 12-space Park &
Ride area at this site. Commuteride staff will contact the applicant to
coordinate the location of the Park & Ride area.
2.3 6 The transportation system will require improvement in order to
accommodate the additional traffic generated by additional
development. The Overland RoadlMeridian Road intersection currently
operates at a deficient Level of Service F (LOS F), and is listed as one of
100 critical intersections in Ada County. Additional traffic will
exacerbate the traffic problems at the intersection. The reconstruction of
the Overland Road/Meridian Road Street intersection is not listed in
ACHD's Five Year Work Program.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. 1. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK 1 (PP-OO-006) - 9
2.37 Dedicate 48-feet of right-of-way from the centerline of Overland 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.
2.38 Dedicate 43-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.
2.39 Provide a stub street to the south property line located 1,000-feet west
of the east property line.
2.40 Provide a paved temporary turnaround at the end of the stub with a
temporary easement provided to the District. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
street, and the design of the turnaround with District staff.
2.41 Provide a stub street to the east property line located 400-feet south of
Overland Road. Provide a paved temporary turnaround at the end of the
stub with a temporary easement provided to the District. Install a sign
at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
street, and the design of the turnaround with District staff.
2.42 Provide a S 112,500.00 deposit to the Public Rights-of-Way Trust Fund
for 75-percent of the cost to construct a traffic signal on Overland Road
for the new collector roadway. The District will construct the signal
when it is warranted.
2.43 Provide a $37,500.00 deposit to the Public Rights-of-Way Trust Fund
for 25-percent of the cost of constructing a traffic signal at the Overland
Road/Locust Grove Road intersection. The District will construct the
signal when it is warranted.
2.44 Provide a $52,800.00 deposit to the Public Rights-of-Way Trust Fund
for the cost of constructing a 5-foot wide concrete sidewalk on Overland
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.C AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK 1 (PP-OO-006) - 10
Road abutting the parcel (approximately 2,640-feet) prior to District
approval.of a Final plat, whichever occurs First.
2.45 Construct a 5-foot wide concrete sidewalk on Locust Grove Road
,
abutting the parcel prior to District approval of a final plat. Locate the
sidewalk two feet within the new right-of-way of Locust Grove Road.
Coordinate the location and elevation of the sidewalk with District staff.
2.46 Locate two driveways on Locust Grove Road as follows:
. The northern driveway shall be located SSO-feet south of Overland Road
to align with Peacock Street to the west.
. The southern driveway shall be located 7S-feet north of the south
property line.
The driveways shall be constructed 30 to 3S-foot wide with IS-foot radii
pavement tapers abutting the roadway. Provide IOO-feet of stacking for
both the inbound and out-bound travel lanes for the driveways.
Coordinate the design of the driveways with District staff.
2.47 Locate three driveways on Overland Road as follows:
. 480-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacking for this driveway.
. 930-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacldng for this driveway.
. l,280-feet east of Locust Grove Road: provide a minimum of lOO-feet of
stacldng for this driveway.
The driveways shall be constructed 30 to 3S-feet wide with IS-foot radii
'pavement tapers abutting the existing roadway edge.
2.48 Locate two public roads as follows:
. off Overland Road 320-feet west of the east property line: locate
driveways off this public street a minimum of lOO-feet south of
Overland Road. The roadway shall be constructed as a 40-foot street
section with curbs gutters and S-foot wide concrete sidewalks within 58-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.e. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. 1. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK/ (PP-OO-006) - II
feet of rightNof-way.
. off Overland Road 850Nfeet west of the east property line: driveways off
this roadway shall be located a minimum of 175-feet south of Overland
Road knd consecutive driveways are required to align or offset a
minimum of 150-feet. The roadway shall be constructed as a 46-foot
street section with curbs, gutters, and a 5-foot wide concrete sidewalk
within 64-feet of right-of-way. The applicant shall be required to
construct a signal for the roadway/Overland Road intersection.
Coordinate the design of the signalized intersection with District staff.
2.49 Locate an east/west road 400-feet south of Overland Road: locate
driveways on the east/west roadway a minimum of 50-feet from a public
street intersection. The traffic circle within the roadway shall be
constructed to provide a minimum of 29Nfeet wide street section around
the traffic circle. A YIELD sign shall be installed at all approaches into
the island and a directional island shall be constructed in the street
approaches to the traffic circle to guide motorists in the proper
direction. The pedestrian crossings shall be located at the intersection to
improve pedestrian/vehicular recognition and safety. Coordinate the
design of the buffer circle, the traffic control plan and location of the
pedestrian crossings with District staff. As required by District policy,
restrictions on the width, number and locations of driveways, shall be
placed on future development of this parcel.
2.50 Construct a center turn lane on Overland Road abutting the entire site.
2.51 In accordance with District policy, stub streets to the school parcel
abutting this site should be extended upon review of a future
application for this site.
2.52 Other than the access points specifically approved with this application,
direct lot or parcel access to Overland Road and Locust Grove Road is
prohibited. Lot access restrictions; as required with this application,
shall be stated on the final plat.
Adopt the Nampa & Meridian Irrigation District's Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK 1 (PP-OO-006) - 12
2.53 The Nampa & Meridian Irrigation District's Hunter Lateral courses
along the west boundary of the proposed project. The District reserves
the right to claim what they deem necessary to operate and maintain
the Hunter Lateral. All storm drainage shall be retained on site.
\.
~ action of the City Council at its regular meeting held on the 20-16... day of
<1~. ,2000.
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
~
..,.
By:~~ry1~
CIty Clerk
Dated: G- 20 -ao
rnsglZ:\Work\tvl\lv1eridian 15360M\Resolution Business ParkAZ RZ CUP PP\FfClsOrd.PP
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT OVERLAND 16, L.L.c. AND MERIDIAN SCHOOL
DISTRICT, OWNERS AND G. L. VOIGT DEVELOPMENT, APPLICANT,
FOR RESOLUTION BUSINESS PARK/ (PP-OO-006) - 13
""...
BEFORE THE MERIDIAN CITY COUNCIL
06-08-00
IN THE MATTER OF THE )
APPLICATION OF OVERLAND, )
16, L.L.C., THE APPLICATION )
FOR ANNEXATION AND )
ZONING OF 16.119 ACRES )
FOR RESOLUTION BUSINESS )
PARK, LOCATED AT LOCUST )
GROVE AND OVERLAND )
ROADS, MERIDIAN, IDAHO )
)
Case No. AZ-OO-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on June 6, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and appearing on behalf of the
Applicant was Becky Bowcutt, Briggs Engineering, Inc., and appearing and testifying
'With comments or concerns were: Marion Burtel!, Ted Sutherland, Bruce Waite,
Dave Sheppard, John Shipley, Lacey White, Norma Gale, and Michelle Barron, and
the City Council having duly considered the evidence and the record in this matter
-~.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
"^-
therefore makes the following Findings of Fact and Conclusions of Law, and Decision
and Order:
FINDINGS OF FACT
I. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for June 6, 2000, before the City Council, the first publication appearing
and written notice having been mailed to property ovvners or purchasers of record
within three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 6, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYOVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
development ordinances codified at Titles II 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 to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 16.119 acres in size and is located
at the southeast corner of Overland Road and South Locust Grove Road. The
property is designated as Resolution Business Park.
5. The owner of record of the subject property is Overland 16, LLC of
Boise, Idaho.
6. Applicant is owner of record.
7. The property is presently zoned by Ada County as R- T, and consists of
Rural Transitional agricultural land.
8. The Applicant requests the property be zoned as C-G.
9. The subject property is bordered to the north by C-G zoning, to the
south and west by R-l and RA, and to the ease by Ada County R- T and city limits of
the City of Meridian are adjacent and abut to the north, south and west of the
subject property.
10. . The property which is the subject of this application is within the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
of Impact of the City of Meridian.
II. . The entire parcel of the property is included within the Meridian Urban
Service Planning Area-as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plah.
12. The Applicant proposes to develop the subject property in the following
manner: planned commercial development.
13. The Applicant requests zoning of the subject real property as C-G which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use Development.
14. . There are no significant or scenic features of major importance that
affect the consideration of this application.
15. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendation of Planning and Zoning Staff as follows:
15.1 . The zoning shall be a lower intensity commercial zone, Neighborhood
Commercial (C~N), rather than C-G, for the property described in the
application subject to signing a development agreement.
15.2 Any existing irrigation/drainage ditches crossing the property to be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
included in this project shall be tiled per City Ordinance. The ditches to
. be piped shall be shown on the site plans. Plans shall be approved by
the appropriate irrigation/drainage district, with written confirmation of
said approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
15.3 Any eXisting domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for nonwdomestic purposes such as
landscape irrigation.
15.4 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
15.5 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
15.6. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and
disposed of on-site.
15.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section.
15.8 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs will be permitted.
15.9 Provide fivewfootwwide sidewalks in accordance with City Ordinance.
15.10 All construction shall conform to the requirements of the Americans
with Disabilities Act.
15.11 Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
parcel lying to the east (RZ-OO-003) shall be designed and built.
16. It is found that if the developer pays for the requested improvements
and complies with the- conditions set forth in these Findings of Fact No. 15, 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.
17. It is also found that the development considerations as referenced in
Finding No. 15 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.
18. It is found that the zoning of the subject real property as Neighborhood
Business District (C-N) 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/Planned
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
Use Development.
19. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as 'follows:
19.1 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 ordinances of the City to all applications such as the
subject application.
19.2 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.
19.3 The application is consistent with Meridian's self identity.
19.4 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 ordinances of the City to the
subject application.
19.5 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.
19.6 Compatible and efficient use oEland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
. plan and the Zoning ordinances of the City to the subject application.
20. The property can be physically serviced 'With City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may
annex real property that is 'Within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing 'Within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994.
4. The follo'Wing 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PAlU( (AZ-OO-004)
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City"vvide and Urban Service Planning Area
policies, which deal vvith area-specific policies and
programs.
\4.2 To ensure that growth and development occur in an
orderly fashion in accordance vvith adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units vvithin 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
vvithin 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 vvill 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 ofland use patterns to insure that
FINDINGS OF FACT AND CONCLUSIONS OF LAW" Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Goals Section
Goal 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.
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive atmosphere
that encourages. . . commercial enterprises to locate in Meridian.
1.3 The character, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area.
Land Use Chapter
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTI9N BUSINESS PARK (AZ-OO-004)
I.8U - 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 for the purpose of providing the City
with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks within all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
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.
Transportation Chapter
IAU - Monitor and coordinate the compatibility of the land use and transportation
system.
I.20D - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Open Spaces. Parks and Recreation
2.5U - New subdivision development. . . will be considered as opportunities to. . .
encourage the development of recreational open spaces and parks as part of new
planned developments.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OOw004)
Housing Chapter
1.1 - The City of Meridian intends to 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 should be encouraged.
1.6 - Housing proposals shall be phased with transportation, 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 M 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.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
5. The zoning of Neighborhood Business District (C-N) is defined in the
Zoning Ord,lnance at & 11-7-2 H as follows:
(C-N) Neighborhood Business District: The purpose of the C-N District is
to permit the establishment of small scale convenience business uses which are
intended to meet the daily needs of the residents of an immediate
neighborhood (as defined by the policies of the Meridian Comprehensive Plan);
to encourage clustering and strategic siting of such businesses to provide service
to the neighborhood and avoid intrusion of such uses into the adjoining
residential districts. All such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of
FINDINGS OF FACT AND CONCLUSIONS OF LAW _ Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
the City, and shall not constitute all or any part of a strip development
concept.
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 planned
commercial development on this parcel of land.
7. Since the annexation and zoning of land 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 Ordinance 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYOVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
parceL Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the 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 zonmg of approximately
16.119 acres to Neighborhood Business District (C-N) is granted subject to the terms
and conditions' of this Order hereinafter stated.
2. The application is for annexation and zoning of 16.119 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 of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. . Developer 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PA1U( (AZ-OO-004)
conditions of development, to-wit:
3.1 The zoning shall be a lower intensity commercial zone, Neighborhood
Commercial (C-N), rather than C-G, for the property described in the
applicat{on subject to signing a development agreement.
3.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The ditches to
be piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, with written confirmation of said
approval submitted to the Public Works Department. No variances have
been requested for tiling of any ditches crossing this project.
3.3 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
3.4 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site~specific
requirements.
3.5 Paving and striping shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
3.6. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
3.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section.
3.8 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs will be permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
3.9 Provide five-foot-wide sidewalks in accordance with City Ordinance.
3.10 All construction shall conform to the requirements of the Americans
-with Disabilities Act.
3.11 . Developer shall, in any future development, insure that emergency
vehicular access through this property from Locust Grove Road to the
parcel lying to the east (RZ-00-003) shall be designed and built.
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 (C-N) Neighborhood Business
District, and Meridian City Code & 11-7-2 H.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code & 11-21-1 in accordance -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 Meridian. Pursuant to Idaho Code & 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-OO-004)
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
of
d~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: -r;,/"7-'"2--~
/
MOTION:
APPROVED~ _DISAPPROVED:
2of!:;
day
VOTED~
VOTED $"'---
VOTED $1/.-
VOTED~
VOTED -
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By~Ji~)!fe-Jl)-
City Clerk v
Dated:
~~ ltJ~t70
msglZ:\Work\M\Meridian 15360M\Resolution Business Park AZ RZ CUP PP\AZFfClsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC
RESOLUTION BUSINESS PARK (AZ-00-004)
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MAlTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR 200 UNIT
APARTMENT COMPLEX
LOCATED AT LOCUST GROVE
AND OVERLAND ROADS,
MERIDIAN, IDAHO
DESERT WEST PROPERTIES,
LLC
APPLICANT.
06-14-00
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Case No. CUP-00-OI6
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on June 6, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt,
Briggs Engineering, Inc.] and appearing and testifying with comments or concerns were:
Marion Burtell, Ted Sutherland, Bruce Waite] Dave Sheppard, John Shipley, Lacey "White,
Norma Gale, and Michelle Barron, and the City Council having duly considered the
evidence and the record in this matter and the Recommendations to City Council issued
by the Planning and Zoning COlmnission who conducted a public hearing and the Council
having heard and taken oral and vvritten testimony, and having duly considered the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA200 UNIT APARTMENT
COMPLEX 1 CUP-OO-O 16
- I
matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT
,
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for June 6,2000,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred feet (3001) of the
external boundaries of the property under consideration more than fifteen (15) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
June 6, 2000, 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 s67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-5 as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX I CUP.OO.O I 6
. 2
3. This proposed development request is in Ada County (R-T) and Meridian (R-
4), by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at the SE corner of Overland Road and S. Locust
Grove Road, Meridian, Idaho.
5. The owners of record of the subject property are G. 1. Voigt of Idaho Falls
and R. Craig Groves of Boise.
6. Applicant is Desert West Properties, LLC of Meridian.
7. The subject property is currently zoned Ada County (R- T) and Meridian R-4.
There is a current application and recommendation before the Meridian City Coundl for
rezoning to L-O and C-N. The zoning districts ofL-O and C-N are defined within the City
of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use pennit for a 200 unit
luxury apartment complex. The zoning designation within the City of Meridian Zoning
and Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX/ CUP-00-016
- 3
conditional use as determined by City Ordinance.
II. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles II and 12, Meridian City
,
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the conunent received from the governmental
subdivisions providing seIVices in the City of Meridian planning jurisdiction public
facilities and seIVices required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon seIVices delivered by political subdivisions providing seIVices to the
subject real property within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of the Planning and Zoning and Engineering departments
as follows:
12.A This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
permits and conditional recommendations contained in AZ-00-004, RZ-
00-003, PP-00-006, CUP.00-OI5, CUP-00-OI6 and CUP-00-OI7, will
apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
12.1 All requirements provided in the PD-C section that apply to Site "B"
(apartment complex) shall be incorporated here. Additionally, the
Applicant is proposing 152 tandem parking spaces for the complex. If the
tandem parldng is subtracted from the total parldng provided would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX 1 CUP-00-016
- 4
401 spaces, and the parking shall be limited to the 401 parking spaces for
this project.
12.2 The Applicant is proposing to construct the complex in two (2) phases,
with the first phase consisting of approximately 140 units and the
clubhquse. The number of units constructed in phase 1 shall be limited to
a maximum of one hundred and forty (140) dwelling units and that no
more units be granted occupancy until Overland Road capacity is
improved.
12.3 Overland Road between Locust Grove and Eagle Road is currently a two-
lane, non-signalized arterial. Numerous traffic concerns have been entered
into the public record regarding the capacity of both Overland Road and
Locust Grove Road. Traffic was cited as one of the principal reasons for
the City's denial of the proposed Sundance Apartments at the NW corner
of Locust Grove Road and Overland Road last Fall. Dobie Engineering's
traffic study lists Overland Road (east of Locust Grove Road) as having
11,230 vehicles/day in 7/98. Over the past twenty (20) months, this
figure has certainly increased; especially factoring in the new homes built
in Sherbrooke Hollows to the south. Dobie's study estimates 1,170 new
trips/day to be generated by the apartment complex and 335 new
trips/day generated by the ice arena. The study also projects a Level of
Service "F" for the left-turn outs from all three Overland Road driveways
until signals are installed. The study further assumes the high school,
potentially slated for construction in 2001 (which is the same year as the
apartment complex), will generate 3,000 trips/day and 250 peak hour
trips.
Overland Road is designated in the Transportation Improvement Program
(TIP) as a 5-lane arterial with bike lanes to be constructed in 2005.
Limiting new development on the subject site, to the Ice Arena and thirty
(30) apartments would facilitate a smoother transition for the
neighborhoods and ease the impact on Overland Road until sucl1 time as
it is widened and signalized.
12.4 All applicable Fair Housing and ADA requirements for multi-family
housing must be met, including accessibility design for the ground floor
units. Handicap parking shall be provided to serve the Clubhouse.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX 1 CUP-OO-O 16
- 5
12.5 The requirement for a maintenance building is waived for this permit.
Adopt the Recommendations of the Meridian Fire Department, Central District Health
Department, and Nampa & Meridian Irrigation District as follows:
12.6 Kelilly, Bowers, Meridian Fire Department, requires all roads and street
name signs to be installed before building is started. All codes, hydrants,
fire sprinlder system shall be approved. Additionally, if the "T's" by the
apartment building are tum-arounds, there can be "no parking" of
vehicles, trailers or equipment.
12.7 The Central District Health Department requires that written approval
for the central sewage and central shall be submitted for their approval.
Additionally, plans for the central sewage and central water shall be
approved by the Idaho Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That storm water be pre-treated through a grassy swa1e prior to
discharge to the subsurface to prevent impact to ground water and surface
water quality. Best management practices for storm water disposal and
design a storm water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
12.7.1 State of Idaho Catalog! Stormwater Best Management Practices For Idaho
Cities and Counties. Prepared by the Idaho Division of Environment
Quality, July 1997.
12.7.2Stonnwater Best Management Practices Guidebook. Prepared by City of
Boise Public Works Department, January 1997.
12.8 The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District"
reserves the right to claim what they deem necessary to operate and
maintain the Hunter Lateral. All storm drainage shall be retained on site.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX 1 CUP-OO-O 16
- 6
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial" .
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
\
hannonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
19. The Applicant stated that the CC&R's of the 200 unit luxury apartment
complex would prohibit the storage of boats, R.V. 's, trailers, etc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX / CUP-OO-O 16
- 7
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (LC. s67w6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment
of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section
67 -6504 which the City Council of the City of Meridian has established by the passage
of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII,
Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional use
permits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and" that the proposed development: (Meridian City Code S 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, LL.C FORA 200 UNIT APARTMENT
COMPLEX/ CUP-OO-016
- 8
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity land that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destnlction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit ina Limited Office District (L-
0) and Neighborhood Business District (C-N), a public hearing shall be conducted
with notice to be published and provided to property owners or purchasers of record
within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance,
which provides as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX/ CUP-00-016
- 9
"Prior to approving a Conditional Use Pennit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter IS of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
Zoning COl11p1ission; and after tlle recommendation of the COlmnission is
made, the application shall go before the City Council without a public hearing
and the Council may approve, deny, or modify the recommendation of the
Commission. "
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code S ll-I?-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-OO-O 16
-10
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4,1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
I. That the above named applicant is granted a conditional use permit for a
200 unit luxury apartment complex, subject to the following conditions of use and
development:
Adopt the Recommendations of tlle Planning and Zoning and Engineering departments
as follows:
I.A " This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
pennits and conditional recommendations contained in AZ-00-004, RZ-
00-003, PP-00-006, CUP-00-OI5, CUP-00-OI6 and CUP-00-OI7, will
apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1 All requirements provided in the PD-C section that apply to Site "B"
(apartment complex) shall be incorporated here. Additionally, the
Applicant is proposing 152 tandem parking spaces for the complex. If the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-OO-O 16
- 11
tandem parldng is subtracted from tlle total parldng provided would be
40 I spaces, and the parldng shall be limited to the 40 I parldng spaces for
this project.
1.2 The Applicant is proposing to construct the complex in two (2) phases,
with ~e first phase consisting of approximately 140 units and the
clubhouse. The number of units constructed in phase I shall be limited to
a maxiinum of one hundred and forty (140) dwelling units and that no
more units be granted occupancy until Overland Road capacity is
improved.
1.3 Overland Road between Locust Grove and Eagle Road is currently a two-
lane, non-signalized arterial. Numerous traffic concerns have been entered
into the public record regarding the capacity of both Overland Road and
Locust Grove Road. Traffic was cited as one of the principal reasons for
the City's denial of the proposed Sundance Apartments at the NW comer
of Locust Grove Road and Overland Road last Fall. Dobie Engineering's
traffic study lists Overland Road (east of Locust Grove Road) as having
11,230 vehicles/day in 7/98. Over the past twenty (20) months, this
figure has certainly increased; especially factoring in the new homes built
in Sherbrooke Hollows to the south. Dobie's study estimates 1,170 new
trips/day to be generated by the apartment complex and 335 new
trips/day generated by the ice arena. The study also projects a Level of
Service "F" for the left-turn outs from all three Overland Road driveways
until signals are installed. The study further assumes the high school,
potentially slated for construction in 2001 (which is the same year as the
apartment complex), will generate 3,000 trips/day and 250 peal( hour
trips.
Overland Road is designated in the Transportation Improvement Program
(TIP) as a 5-lane arterial with bike lanes to be constructed in 2005. .
Limiting new development on the subject site, to the Ice Arena and thirty
(30) apartments would facilitate a smoother transition for the
neighborhoods and ease the impact on Overland Road until such time as
it is widened and signalized.
1.4 All applicable Fair Housing and ADA requirements for multi-family
housing must be met, including accessibility design for the ground floor
units. Handicap parking shall be provided to serve the Clubhouse.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-OO-O 16
- 12
1.5 The requirement for a maintenance building is waived for this permit.
Adopt the Recommendations of the Meridian Fire Department, Central District Health
Department, and Nampa & Meridian Irrigation District as follows:
1.6 Kenny; Bowers, Meridian Fire Department, requires all roads and street
name signs to be installed before building is started. All codes, hydrants,
fire sprlnlder system shall be approved. Additionally, if the "T's" by the
apartment building are turn-arounds, there can be "no parldng" of
vehicles, trailers or equipment.
1.7 The Central District Health Department requires that written approval
for the central sewage and central shall be submitted for their approval.
Additionally, plans for the central sewage and central water shall be
approved by the Idaho Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface
water quality. Best management practices for storm water disposal and
design a storm water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
1.7.1 State of Idaho Catalog f Stormwater Best Management Practices
For Idaho Cities and Counties. Prepared by the Idaho Division of
Environment Quality, July 1997.
1.7.2 Stormwater Best Management Practices Guidebook Prepared by
City of Boise Public Works Department, January 1997.
1.8 The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District"
reserves the right to claim what they deem necessary to operate and
maintain the Hunter LateraL All storm drainage shall be retained on site.
The Council adds the following condition:
1.9 That the CC&R's of the 200 unit luxury apartment complex shall
prohibit the storage of boats, R.V.'s, trailers, etc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX/ CUP-00-OI6
- 13
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
m accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit 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 2g;13-
day of J~ ,2000.
ROLLCALL:
COUNCILMAN RON ANDERSON VOTED$A.-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX/ CUp.00-016 - 14
COUNCILPERSON KEITH BIRD
VOTED -f/!!:-C<.-/
COUNCILMAN TAMMY deWEERD
VOTED -f;/:f-tt.-
COUNCILMAN CHERIE McCANDLESS
VOTED~
MAYOR R~BERT D. CORRIE (TIE BREAKER)
DATED: ~ 'l..~
{
VOTED
-
MOTION:
APPROVED;.;..~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
b~ Zo .--0 lJ
-
~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX / CUP-OO-O 16
- 15
BEFORE THE MERIDIAN CITY COUNCIL
IN THE :MATTER OF THE APPLICATION OF )
DESERT WEST PROPERTIES, LLC, FOR A )
CONDITIONAL USE PERMIT FOR 200 UNIT )
APARTMENT COMPLEX LOCATED AT )
LOCUST GROVE AND OVERLAND ROADS, )
MERIDIAN, IDAHO )
)
)
)
06-14-00
CASE NO. CUPwOOwOl6
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 20th day of June, 2000,
under the provisions of Meridian City Code S 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for a 200
unit luxury apartment complex, the proposed application request of a conditional use
permit for the construction, development, maintenance and use for a 200 unit luxury
apartment complex, as described in the PRELIMINARY SITE PLAN - SITE "B",
DWG Date: 02/01/00 MNM, DWG NO. 990123, SHEET 2 OF 3 SITE "B", \MIL-
PREI. MNM, RESOLUTION SUBDIVISION, BRIGGS ENGINEERING, INC.
ARCHITECT, and DESERT WEST PROPERTIES, LLC" Developer, for the
development of the aforementioned planned commercial development for a 200 unit
luxury apartment complex and which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-OO-OI6
A parcel of land lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being a portion of that Remainder Parcel as
shown on Record of Survey No. 4056, records of Ada County, Idaho, more
particularly described as follows:
Commencing at th~ North 1/4 corner of Section 20, T. 3N., R. IE., B.M., thence S
00024'1611 W 25.00 feet along the east line of the NW 1/4 of said Section 20 to a
point on the southedy right-of-way of Overland Road and the north boundary of said
Remainder Parcel; thence N 89052'19" W 1,543.17 feet along said southerly right-of-
way and said north boundary to the REAL POINT OF BEGINNING of this
description;
Thence S 00007'41" W 243.00 feet to a point;
Thence S 89052'19" E 175.23 feet to a point;
Thence S 00007'4rr' W 30.00 feet to a point;
Thence S 89052'19" E 464.78 feet to a point on a curve;
Thence along a non-tangent curve to the right 312.12 feet, said curve having a radius
of 475.00 feet, a delta angle of 3r38'54", tangents of 161.93 feet, and a long chord
bearing S 20042'28" W 306.53 feet to a point of reverse curvature;
Thence along a curve to the left 154.74 feet, said curve having a radius of 225.00
feet, a delta: angle of 39024'14", tangents of 80.57 feet, and a long chord bearing S
19049'48" W 151.71 feet to a point;
Thence S 00007'41" W 121.35 feet to a point on the south boundary of said
Remainder Parcel;
Along the boundary of said Remainder Parcel the following;
Thence N 89052'19" W 763.47 feet to a point on the centerline of the Hunter
Lateral;
Thence N OS029'I7" W 20.43 feet along said centerline to a point;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-OO-016
Thence N 16014'08" W 216.98 feet along said centerline to a point;
Thence N 18027'3911 W 470.81 feet along said centerline to a point;
Thence N Or06t04" W 150.57 feet along said centerline to a point on the southerly
right~ofwway of Overland Road;
Thence S 890521I911E 514.51 feet along said southerly right~of-way to the REAL
POINT OF BEGINNING of this description;
Said parcel of land contains 14.75 acres more or less.
2. That the above named applicant is granted a conditional use permit for a 200
unit luxury apartment complex, located at the southeast corner of Overland Road and
S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use
and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
2.A This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use permits
and conditional recommendations contained in AZ-00-004, RZ-00-003, PP-OO-
006, CUP-00-OI5, CUP-00-OI6 and CUP-00-OI7, will apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
2.1 All requirements provided in the PD-C section that apply to Site "B"
(apartment complex) shall be incorporated here. Additionally, the Applicant is
proposing 152 tandem parking spaces for the complex. If the tandem parking is
subtracted from the total parking provided would be 40 I spaces, and the
parldng shall be limited to the 40 I parldng spaces for this project.
2.2 The j.\pplicant is proposing to construct the complex in two (2) phases, with
the first phase consisting of approximately 140 units and the clubhouse. The
number of units constructed in phase I shall be limited to a maximum of one
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6
BY DESERT WEST PROPERTIES, LLC I CUP-OO-016
hundred and forty (140) dwelling units and that no more units be granted
occupancy until Overland Road capacity is improved.
2.3 Overland Road "between Locust Grove and Eagle Road is currently a two-lane,
non-signalized arteriaL Numerous traffic concerns have been entered into the
public recorq regarding the capacity of both Overland Road and Locust Grove
Road. Traffic was cited as one of the principal reasons for the City's denial of
the proposedSundance Apartments at the NW corner of Locust Grove Road
and Overland Road last FalL Dobie Engineering's traffic study lists Overland
Road (east of Locust Grove Road) as having 11,230 vehicles/day in 7/98. Over
the past twenty (20) months, this figure has certainly increased; especially
factoring in the new homes built in Sherbrooke Hollows to the south. Dobie's
study estimates 1,170 new trips/day to be generated by the apartment complex
and 335 new trips/day generated by the ice arena. The study also projects a
Level of Service "F" for the left-turn outs from all three Overland Road
driveways until signals are installed. The study further assumes the high
school, potentially slated for construction in 200 I (which is the same year as
the apartment complex), will generate 3,000 trips/day and 250 peak hour trips.
Overland Road is designated in the Transportation Improvement Program
(TIP) as a 5-lane arterial with bike lanes to be constructed in 2005. Limiting
new development on the subject site, to the Ice Arena and thirty (30)
apartments would facilitate a smoother transition for the neighborhoods and
ease the impact on Overland Road until such time as it is widened and
signalized.
2.4 All applicable Fair Housing and ADA requirements for multi-family housing
must be met, including accessibility design for the ground floor units.
Handicap parking shall be provided to serve the Clubhouse.
2.5 The ~equirement for a maintenance building is waived for this permit.
Adopt the Recommendations of the Meridian Fire Department, Central District
Health Department, and Nampa & Meridian Irrigation District as follows:
2.6 Kenny Bowers, Meridian Fire Department, requires all roads and street name
signs to be installed before building is started. All codes, hydrants, fire
sprin~der system shall be approved. Additionally, if the "T's" by the apartment
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-OO-016
building are turn-arounds, there can be "no parking" of vehicles, trailers or
equipment.
2.7 The Central District Health Department requires that written approval for the
central sewage and central shall be submitted for their approval. Additionally,
plans for the\central sewage and central water shall be approved by the Idaho
Department of Health & Welfare, Division of Environment Quality. Run-off
is not to create a mosquito breeding problem. That storm water be pre-treated
through a grassy swale prior to discharge to the subsurface to prevent impact
to ground water and surface water quality. Best management practices for
storm water disposal and design a storm water management system that is
preventing groundwater and surface water degradation. Manuals for guidance
are:
2.7.1 State of Idaho Catalog f Stormwater Best Management Practices For
Idaho Cities and Counties. Prepared by the Idaho Division of
Environment Quality, July 1997.
2.7.2 Stormwater Best Management Practices Guidebook. Prepared by City
of Boise Public Works Department, January 1997.
2.8 The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District reserves
the right to claim what they deem necessary to operate and maintain the
Hunter Lateral. All storm drainage shall be retained on site.
2.9 That the CC&R's of the 200 unit luxury apartment complex shall prohibit
the storage of boats, R.V.'s, trailers, etc.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code S 11-17-8, a copy of
which is attached to this permit.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PElUvfIT - PAGE 5 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-OO-016
By action of the City Council at its regular meeting held on the
"dC</vU2- ,2000.
20-13-
day of
. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Bydl~~4,,~
City Clerk
Dated:
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ORDER OF CONDITIONAL AFPROY AL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-OO-016