HomeMy WebLinkAboutMoore, Winston MI 02-009
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 01107/03
IN THE MATTER OF THE )
REQUEST FOR AN AREA OF )
IMPACT ADJUSTMENT BETWEEN )
THE CITIES OF MERIDIAN AND )
BOISE IN AN RUT ZONE )
CAPITAL DEVELOPMENT )
)
)
WINSTON H. MOORE, )
APPLICANT )
)
CASE NO. MI-02-009
AMENDMENT TO THE
MERIDIAN AREA OF IMPACT
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
The above entitled matter coming on regularly for public hearing before the City
Council on January 7,2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East
Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and
Jonathan Seel, appeared and testified, and no one appeared in opposition, and the City Council
having received a report from Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, and the City Council having received as part of the record ofthis matter the
recommendation to City Council of the Planning and Zoning Commission, makes the following:
FINDINGS OF FACT
I. The subject property is located at the northwest comer of North Eagle Road and
East Ustick Road.
2. The owner of record is Winston H. Moore, PO Box 8204, Boise, Idaho 83707.
3. Applicant is owner of record.
ADJUSTMENT TO THE MERIDIAN AREA OF IMP ACT FOR MI-02-009
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4. The proposed application requests an adjustment of the area of impact between
the cities of Meridian and Boise, specifically from Boise to the Meridian Area of Impact for
12.23 acres to be included in the Meridian Area of Impact by Winston H. Moore.
5. The applicant owns 57.84 acres ofland at the northwest comer of Us tick and
Eagle Roads. Of this total area, approximately 12.23 acres are in the Boise City limits and the
balance is in the City of Meridian Area of Impact. The applicant prefers to have all the land
within one jurisdiction, and thereby the reason for adjustment of the area of impact request.
6. At the Meridian City Council July 16, 2002 meeting, the Council approved a
Utility Will Serve Letter for all of the applicant's land, of which the letter also included servicing
the land within Boise, if the area of impact was modified.
7. The request for area of impact modification was also reviewed by Mayor Brent
Coles and the Boise City Council. In a letter from Mayor Coles, dated February 21,2001, and
which is on file in the Meridian City Clerk's office, the Council concluded it was a "fair and
reasonable" request to modifY the area of impact and directed Mr. Moore to being the formal
approval process.
8. The City of Meridian received a letter, dated November 25,2002, on behalf ofthe
Jasmine Homeowners Association by and through its attorney of record, Ty A. Ketlinski,
expressing concerns of the Jasmine Homeowners Association. Additionally, Wally and Jerrie
Hedrick submitted a letter of support in regards to Ty Ketlinski's November 25, 2002 letter.
9. Additionally, the applicant supports annexation when it becomes available and
will apply for annexation when the property is adjacent to the Meridian City limits.
10. The applicant shall be required to comply with the conditions of the following
entities as follows:
AMENDMENT TO THE MERIDIAN AREA OF IMP ACT FOR MI-02-006
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Adopt the Recommendations of the Meridian Fire Department as follows:
A.
1.
2.
3.
4.
5.
6.
7.
That a fire flow as required by the Uniform Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
All roads shall have a turning radius of28' inside and 48' outside.
Operational fire hydrants are required before combustible construction begins.
All building uses and processes to comply with the fire code in effect at the time
of construction.
The driveways/roadways shall have a clear driving surface which is 20' wide
available at all times.
CONCLUSIONS OF LAW
1. Approval of this request for change of the area of impact is based upon Boise City
agreeing to adjust the impact area and allow the applicant to include the 12.23 acres that are
within the Boise City area of impact into the Meridian Area of Impact, as well as information
provided by the applicant. Removal of this parcel from Boise's area of impact and the inclusion
of this property within Meridian's area of impact is the logical solution.
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. Subject to approval by Ada County and Boise City, the applicant is hereby granted
an adjustment to the Boise Area of Impact for inclusion of the property within Meridian's Area
of Impact, based upon Boise City agreeing to adjust the impact area and allow the applicant to
remove the 12.23 acres that are currently within the Boise City area of impact and add the same
to the Meridian Area of Impact. Removal of this parcel from Boise's area of impact and the
AMENDMENT TO THE MERIDIAN AREA OF IMPACT FOR MI-02-006
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inclusion of this property within Meridian's area of impact is the logical solution.
2. Additionally, the applicant supports annexation when it becomes available and
will apply for annexation when the property is adjacent to the Meridian City limits.
3. The applicant shall be required to comply with the conditions ofthe following
entities as follows:
A. Adopt the Recommendations ofthe Meridian Fire Department as follows:
I. That a fire flow as required by the Uniform Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants are required before combustible construction begins.
6. All building uses and processes to comply with the fire code in effect at the time
of construction.
7. The driveways/roadways shall have a clear driving surface which is 20' wide
available at all times.
By action ofthe City Council at its regular meeting held on the Z/ ?'day of
~~J ,2003.
ROLL CALL
COUNCILWOMAN McCANDLESS
VOTED~
VOTED~
VOTED~
VOTED~
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILMAN NARY
AMENDMENT TO THE MERIDIAN AREA OF IMP ACT FOR MI-02-006
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..::.-
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney. \,,'0\\\1"'"","1111/1
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AMENDMENT TO THE MERIDIAN AREA OF IMPACT FOR MI-02-006
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