Loading...
HomeMy WebLinkAbout2001 09-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 4, 2001, at 6:30 P.M. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of August 14, 2001 City Council Workshop: B. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L-Q zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: Approve 4-C. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Table until September 18, 2001 Meeting 4-0. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Table until September 18, 2001 Meeting Meridian City Council Agenda - September 4, 2001 Page 1 of 1 . All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or heatings, please contact the City Clerk's Office at 888-4433 at least 48 hours ptior to the public meeting. 6. Ordinance No. 01-926 : AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Heas Properties - 119 South Linder Road: Approve 7. Ordinance No. 01-927: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 zones for proposed Macaile Meadows Subdivision by Hillview land Development, LLC - south of F airview and west of Cloverdale Roads: Approve 8. Resolution No. 01-368 : Proclaiming a general city election for Tuesday, November 6, 2001 and designating polling places: Approve 9. Development Agreement: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 zones for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Approve 10. Tabled from August 21, 2001: AP 01-00 Request to Appeal a stop work order for Walt Morrow by Walt Morrow - 2340 West Franklin Road: Approve Appeal 11. Public Hearing: CUP 01-025 Request for a Conditional Use Permit for a Day Care Center for approximately 100 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade - 1230 West Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 12. Public Hearing: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building lots on 10.98 acres +/- in a proposed I-L zone for proposed Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 13. Public Hearing: VAR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business - owners association in an I-L zone for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Atto'mey to prepare Findings of Facts and Conclusions of Law for Approval 14. Public Hearing: VAR 01-011 Request for a Variance to delete requirement of 35-foot buffer width for entryway corridors and maintain existing 20-foot buffer width and to delete requirement of the 25-foot buffer between Intensity Class I and Class IV and maintain the 20-foot width for Meridian City Council Agenda - September 4, 2001 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Findings of Facts and Conclusions of Law for Approval with Conditions: VAR 01-008 Request for a variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc. - 1975 East Fairview: Approve L. Findings of Facts and Conclusions of Law for Approval: PP 01-010 Request for Preliminary Plat approval of 18 building lots and 2 other lots on 11.57 acres in R-4 and C-N zones for proposed Cherry Crossing by Albertson's, Inc. - northwest corner of North Linder Road and West Cherry Lane: Approve M. Findings of Facts and Conclusions of Law for Approval: CUP 01-016 Request for a Conditional Use Permit for single-family and drug store with drive-thru, fuel pumps, office/retail and fast food in R-4 and proposed C-N zones for proposed Cherry Crossing by Albertson's Inc. - northwest corner of North Linder Road and West Cherry Lane: Approve N. Development Agreement: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Comer by Van Hees Properties -119 South Linder Road: Approve O. Development Agreement: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Approve P. Street Light Agreement with Steiner Development, LLC for Wilkins Ranch Subdivision: Approve Q. Approve Bills: Approve 4. Department Reports: A. Public Works Department - Gary Smith 1. Well No. 22 Pumping Facilities Project - Bid Results: Approve/Award to Irminger Construction 2. Central Valley Corporate Park - Irrigation Water Assessments: Approve Refunds 3. Mayor 1 - Agreement with John Luthy: Approve 5. Tabled from August 28, 2001: Ordinance No. 01-925 Mayors Wages: Approve Meridian City Council Agenda - September 4, 2001 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommoclation for disabilities related to documents and/or hearings, please contact the City CJerk's Office at 888-4433 at least 48 hours prior to the public meeting. / ( 4-E. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Table until September 18, 2001 Meeting F. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until September 18,2001 Meeting G. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G "and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until September 18, 2001 Meeting H. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until September 18, 2001 Meeting , I. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: PFP 01-001 Request for Preliminary/Final Plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for proposed Seven Gates Industrial Subdivision by Dakota Company - southwest corner of Commercial and Machine Avenue, east of Nola Road: Approve J. Findings of Facts and Conclusions of Law for Approval with Conditions: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: Approve Meridian City Council Agenda - September 4, 2001 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ( Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 15. Public Hearing: RZ 01-006 Request for Rezone from I-L to L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 16. Public Hearing: PP 01-014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I-L and L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 17. Public Hearing: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 18. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Continue Public Hearing to October 2, 2001 Meeting 19. CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 20. CUP 01-027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for University of Phoenix (office) by Rocky Mountain Management & Development, LLC - 3080 Gentry Way: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 21. FP 01-014 Request for Final Plat approval of 6 building lots on 1.66 acres in an R-4 zone for The Lakes at Cherry Lane No. 10 by Steiner Development, Inc. - west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: Approve 22. Discussion of possible Mill Levy Election: Resolution No. 01-369 Setting election to raise tax levy rate for FY 2003/2004: Approve Meridian City Council Agenda - September 4, 2001 Page 5 of 5 All materials presented at public meetings shall become property of the City of rv1eridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ( Item Packet Pickup - - ~- - - - - - - - - - - -- p--- -. - - - -- -- _ _ ~ ---:--_--~ __ _r:9J:ect':- ~--:_-:- ------- fYY1((.u. Ql M9u d(A,wd-- --- RuJLhc- \)\uu- 1 ~\ . ~\ Q \ ,,~~ .,. " Ul) 'Ve<;j dft\t-\ oj '- . S c_v ~ ,f) f,ow, (~\ +LS /_,t)l;~:~~ 1- T' f~j1i\.l)1 t 1/ ~A '> ,- )1--- {'-.-- -j '_d--L., r v '- (~ '-e qlirl{ - /5 f Jfc, /7 pt t/lfMiI/t; 617floN Lt-I,€;. ~ "'f u~ :;s ,^, t:::.{ )1 ~-= vS C64.J'f.L ,tk]!-(rj.j!\r) Ass 6/-( (~Li I .. '.' ...... .'. . . Picked up by Date Tirn~ uEI11P!()yee< -- '-'--:-~II1-_i_:~-ial-s-- --:: luu~TuJ\/( ~4 o;&!S ~ /UU S k''-'V e7tft1. .g :~C; .~ (~'Lj kJr- q)Lj 9'.z) fktu '\~; "'" 't~------f( if J/-AVL L /(>-~ /61~ /A~,,' .1/ C/ 1r; 7(1 :;t-c../'/ A ~. t '1. > (~/? ~LA1~~-", ~b' 9 (; , /t7:' "0 /MvL '>- - __"" l7Y'?-n:. I 'h I ( tr.. td:;;,/fjt~ c; h ;6/0 Jf11u{ , ;:}l L ~~/ 1(,.lD 1"'~ ( 3-1-);'G3- ;;?L (jvL ~/ If b; >0 6.f 3 -;t/ .;,ftt- ( l(luJJf1~- 9-7 C{.'c3 ~\~ \) -'-. :;.:....,..:.~~~~I ~ ~ -... - 1. 2. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 4,2001, at 6:30 P.M. City Council Chambers ROII-call{endance: Tammy de Weerd 0 Ron Anderson Cherie McCandless X Keith Bird _ X Mayor Robert Corrie Adoption of the Agenda: 3. Consent Agenda: ~ffh-' VJL w/?1.--- fW.,Od/h~~ 4-- C. 4- - D. 4- E. . ~ . .,'.\ ': ~~T~!f~~(j; Approve minutes of August 14, 2001 City Council Workshop: tbf7J}'VV~ Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-018 Request for the continuation of a three-year CUP granted in JanuafY 1997 for modular buildings in an L-Q zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: . Clf?8rc;v-e/ Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres fro"m R~T to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: .Izt,~ Wn/I7 t J2pt-. 1'8 rJ- JtvI-;t Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: ~M!e ~7 JejJ-I, IIJ~ /'1v~. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Req'uest for a Conditional Use Permit for 692 single-family lots, 59 townhomes, A. B. Meridian City Council Agenda - September 4,2001 . Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's -Office at 8884433 at lea~t 48 hC?urs prior to the public meeting. ~ J. K. L. F. 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: ~a.o Ie tvWC/7 J€p-t. /8 J2 Av~ Tabled from August 21, 2001 : Findings of Facts and 'Conclusions of Law ,for Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: -ra 6 I-e ~/l J?,Pf, 18 (h I~? Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: h h .hL -ta6/e W?vn '2 J'epr, I g ..:- /n,. tl'n Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: -/ztJ/-e ~ i k/JI-~ I [} I'Jr.- ftJ;f { Tabled from August 21, 2001 : Findings of . Facts and Conclusions of Law for Approval: PFP 01-001 Request for Preliminary/Final Plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for proposed Seven Gates Industrial Subdivision by Dakota Company - southwest corner of Commercial and Machine Avenue, east of Nola-Road: ~P?Jn:>v~ Findings of Facts and Conclusions of Law for Approval with Conditions: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: a-r'~v~ Findings of Facts and Conclusions of Law for Approval with Conditions: VAR 01-008 Request for a variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc. - 1975 East Fairview: apfJ-ro~ Findings of Facts and Conclusions of Law for Approval: PP 01-010 Request for Preliminary Plat approval of 18 building lots and 2 other lots on 11.57 acres in R-4 and C-N zones for proposed G. H. I. Meridian City Council Agenda - September 4,2001 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ( Cherry Crossing by Albertson's, Inc. - northwest corner of North Linder RC?ad and West Cherry Lane: a f77/-tJ "r.e..- M. Findings of Facts and Conclusions of Law for Approval: CUP 01-016 Request for a Conditional Use Permit for single-family and drug store with drive-thru, fuel pumps, office/retail and fast food in R-4 and proposed C-N zones for proposed Cherry Crossing by Albertson's Inc. - northwest corner of North Linder Road and West Cherry Lane: a;9JOrO v-e,. N. Development Agreement: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties -119 South Linder Road: a, jJp;-o v<.,- O. Development Agreement: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: ~V~ P. Street Light Agreement with Steiner Development, LLC for Wilkins Ranch Subdivision: Clp~v~ Q. Approve Bills: approv~ 4. Department Reports: f A. Public Works Department - Gary Smith 5. 1. Well No. 22 Pumping Facilities Project - Bid Results ajfi' ~ v.€. /" It. ~ CVLc( ~ fr~1 ~ ~ 2. Central Valley Corporate Park Irrigation Water I? fh Assessments: tZ-j;J;fJrov..e ~~ I /A..~ .,- ~nJ?h;v.e.... f;:J:: tl'1~ (-- /Jt:JJ~efYl~wlrJv Jl;/~~u Ir/~ Tabled from August 28, 2001: Ordinance No. () 1- 25 : Mayors Wages: 4PlfflJ~ Ordinance No. C 1- '12- b AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Heas Properties - 119 South Linder Road: qy>rtPVU2- Ordinance No. t? I ~ 9'2 7 : AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 zones for proposed Macaile Meadows Subdivision by' Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Ctpfn> V'~ 6. 7. Meridian City Council Agenda - September 4.2001 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings. please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. .-.or=- ( 8. Resolution No. tfJ I -- .3 6 f3 : Proclaiming a general city election for Tuesday, November 6, 2001 and- designating polling places: ajJpYt?f;r~ 9. Development Agreement: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 zones for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: a~v-e- 10. Tabled from August 21, 2001: AP 01-00 Request to Appeal a stop work order for Walt Morrow by Walt Morrow - 2340 West Franklin Road: tZ~v~ ~jJpef~ 11. Public Hearing: CUP 01-025 Request for a Conditional Use Permit for a Day Care Center for approximately 100 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade - 1230 West Overland R~ad: - /_ ;;/ r ,/- (~J? c~ -. /J . Pl~fj f'/ ~(Jt'1/1...L 't"'t 7 1 {! -{. fTl- t'VflfIYl:7v~ 12. Public Hearing: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building lots on 10.98 acres +/- in a proposed I-L zone for proposed Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: a+~:J. 1--0 ~p~ ~/?I c/..-L M 4..-~fJrtJva..-L 13. Public Hearing: V AR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business - owners association in an I-L zone for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: .. f'_ . a~J fiJ ~p~~ ~/F .( c(~ 77JL 6PfJhJV~ 14. Public Hearing: VAR 01-011 Request for a Variance to delete requirement of 35-foot buffer width for entryway corridors and maintain existing 20-foot buffer width and to delete requirement of the 25-foot buffer between Intensity Class I and Class IV and maintain the 20-foot width for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eag!$- Road: _ /". ~ a--f~J ..;.0 ~p~J/-F .fe-(.1 rzn- a-ppYl9~ 15. Public Hearing: RZ 01-006 Request for Rezone from I-L to L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: tt-f~J ~ ~p~ -Pf';:~ C(..e. .~ approvzvL 16. Public Hearing: PP 01-014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I-L and L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: a-r-hn--/~ ~ ;ru-(?~ ./'1/2 {l-c/--e ~ t:&~v~ 17. Public Hearing: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: ~-ffcry-~ -1& ~P"^^ --/'IH ell ../'v-L tlr'pn.?~ Meridian City Council Agenda - September 4, 2001 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ---~ 20. 21. 22. ., ' : ::: ;.;~, 18. Public Hearing: AZ 01-010 Request for annexation ~nd zoning of .99 , acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: .. . c/77Vh~ piA- f.p &cf, 2~~ CUP,01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: / _ r/ /' I- F-. /. I ~~ rv;r-e..;9 a-...e. 7"1 I It c; r--e ...,.., L df' prtl V?V1...-- CUP 01-027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for University of Phoenix (office) by Rocky Mountain Management & Development, LLC- 3080 Gentry Way: . ~-f~ ./&~p~ .ff?~ c(.,e I'zn.- ~vc:JL- FP 01-014 Request for Final Plat approval of 6 building lots on 1.66 acres in an R-4 zone for The lakes at Cherry Lane No. 10 by Steiner Development, Inc. - west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: ~/~Ve..- A/ ,~/C1 Discussion of possible Mill Levy Election: Resolution No. {/ ~ ./'t? / : Setting election to raise tax levy rate for FY 2003/2004: ~V~ 19. I Meridian City Council Agenda - September 4,2001 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. -~ Approve minutes of August 14, 2001 City Council Workshop: &f7J7"l?V.e- Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-018 Request for the continuation of a three-year CUP granted in JanualY 1997 for modular buildings in an L.O zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder 'Road: . af'lJ rt!) I/"-€/' Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: AZ. 01-003 Request for annexation and zoning of 371.42 acres from R~T to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: '~MZ ~~ sePT. ;,9(!./J1.7 Tabled from August 21, 2001: FindIngs of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: -;k6ee u-.h 7 dejJ 1-. 18 f:1L .Ai..?-. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Req"uest for a Conditional Use Pennit for 692 single-family lots, 59 town homes, Meridian City Counclf Agenda - September 4, ~01 :Page 1 of 5 All materials J)rfJ.Sented at public rneelings shall became property of the City of Meridian. Anyone desiring accommodation for disabll/Hes related to doaJrnenls and/or hearings, please contact II1e Oty C1l1fk's Ottice at 888-4433 at roast 48 hours prior to the gubUc meedng. 1_ 2. 3.. 4-- c. 4- - D. 4- E. ~ ~ I ~ 'II t ~t. If 4. .~4 ~ jII j ~:;A" ~~'a1'/~I.~~~.,:rr~. ..! ". II 114 ;. ....t..,:J~..~;.t." . ~:"". ~:~~~)~.-;~ ". 1 "~'~'~'H.;' ,i , ' ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TueSday. September 4, 2001, at 6:30 P..M. City Council Chambers ROII-cal'fendance: Tammy de Weerd 0 Ron Anderson Cherie McCandless =r Keith Bird 4- Mayor Robert Corrie Adoption of the Agenda: Consent A~enda: A.. B. ~ . :~.~ ",' . " ',.' " ; . :.....r.~ . \" il'tt '." , : "~'mi ~ -------------------------------------------------------------------------------------------- >to ~~0 S00 ,,~p, 10 S-- J3 snl~lS ijGWJ S9d J3S/NIW 3QOW 10SS 868 80~ ~0:60 ~0/60 10 WO~~/Ol 3WIl 31~ N~IaI~ ~o AIIJ 10.38~d ~0:60 10, ~0 d3S ~o S~ ** 1~Od3~ NOI1~W~I~NOJ Xl ** CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 4, 2001, at 6:30 P.M. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of August 14, 2001 City Council Workshop: B. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L-Q zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: Approve 4-C. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Table until September 18,2001 Meeting 4-0. Tabled from August 21 , 2001 : Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Prelimi~ary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Table until September 18, 2001 Meeting Meridian City Council Agenda - September 4, 2001 Page1of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4-E. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Table until September 18, 2001 Meeting F. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until September 18, 2001 Meeting G. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G .and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until September 18, 2001 Meeting H. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until September 18, 2001 Meeting I. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: PFP 01-001 Request for Preliminary/Final Plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for proposed Seven Gates Industrial Subdivision by Dakota Company - southwest corner of Commercial and Machine Avenue, east of Nola Road: Approve J. Findings of Facts and Conclusions of Law for Approval with Conditions: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: Approve Meridian City Council Agenda - September 4,2001 Page2of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Findings of Facts and Conclusions of Law for Approval with Conditions: VAR 01-008 Request for a variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc. - 1975 East Fairview: Approve L. Findings of Facts and Conclusions of Law for Approval: PP 01-010 Request for Preliminary Plat approval of 18 building lots and 2 other lots on 11.57 acres in R-4 and C-N zones for proposed Cherry Crossing by Albertson's, Inc. - northwest corner of North Linder Road and West Cherry Lane: Approve M. Findings of Facts and Conclusions of Law for Approval: CUP 01-016 Request for a Conditional Use Permit for single-family and drug store with drive-thru, fuel pumps, office/retail and fast food in R-4 and proposed C-N zones for proposed Cherry Crossing by Albertson's Inc. - northwest corner of North Linder Road and West Cherry Lane: Approve N. Development Agreement: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: Approve o. Development Agreement: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Approve P. Street Light Agreement with Steiner Development, LLC for Wilkins Ranch Subdivision: Approve Q. Approve Bills: Approve 4. Department Reports: A. Public Works Department - Gary Smith 1. Well No. 22 Pumping Facilities Project - Bid Results: Approve/Award to Irminger Construction 2. Central Valley Corporate Park Assessments: Approve Refunds Irrigation Water 3. Mayor 1 - Agreement with John Luthy: Approve 5. Tabled from August 28, 2001: Ordinance No. 01-925 Mayors Wages: Approve Meridian City Council Agenda - September 4,2001 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerl(s Office at 888-4433 at least 48 hours prior to the pUblic meeting. ( 6. Ordinance No. 01-926 : AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Comer by Van Hees Properties - 119 South Linder Road: Approve 7. Ordinance No. 01-927: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 zones for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Approve 8. Resolution No. 01-368 : Proclaiming a general city election for Tuesday, November 6, 2001 and designating polling places: Approve 9. Development Agreement: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 zones for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Approve 10. Tabled from August 21, 2001: AP 01-00 Request to Appeal a stop work order for Walt Morrow by Walt Morrow - 2340 West Franklin Road: Approve Appeal 11. Public Hearing: CUP 01-025 Request for a Conditional Use Permit for a Day Care Center for approximately 100 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade - 1230 West Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 12. Public Hearing: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building lots on 10.98 acres +/- in a proposed I-L zone for proposed Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 13. Public Hearing: VAR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business - owners association in an I-L zone for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 14. Public Hearing: V AR 01-011 Request for a Variance to delete requirement of 35-foot buffer width for entryway corridors and maintain existing 20-foot buffer width and to delete requirement of the 25-foot buffer between Intensity Class I and Class IV and maintain the 20-foot width for Meridian City Council Agenda - September 4,2001 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 15. Public Hearing: RZ 01-006 Request for Rezone from I-L to L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 16. Public Hearing: PP 01-014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I-L and L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 17. Public Hearing: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 18. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Continue Public Hearing to October 2, 2001 Meeting 19. CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 20. CUP 01-027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for University of Phoenix (office) by Rocky Mountain Management & Development, LLC - 3080 Gentry Way: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 21. FP 01-014 Request for Final Plat approval of 6 building lots on 1.66 acres in an R-4 zone for The lakes at Cherry Lane No. 10 by Steiner Development, Inc. - west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: Approve 22. Discussion of possible Mill Levy Election: Resolution No. 01-369 Setting election to raise tax levy rate for FY 2003/2004: Approve Meridian City Council Agenda- September 4,2001 Page5of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting September 4. 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 7:00 p.m. on Tuesday, September 4, 2001, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Cherie McCandless, and Keith Bird. Members Absent: Ron Anderson. Others present: David Bowman, Gary D. Smith, Shari Stiles, Daunt Whitman and Will Berg. Corrie: Okay. Again, I apologize for the delay, but I will open the Regular City Council Meeting for Tuesday, September the 4th, at 7:00 p.m., and have the Roll Call, please, Mr. Clerk. Item 1. Roll-call Attendance: X Tammy de Weerd 0 Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Okay a quorum is now present. I thank you all for your patience this evening and I also want to welcome Cub Scout Troop -- I believe it's 174 here in Meridian. So welcome aboard, guys. We hope we have a good meeting for you. Item 2. Adoption of the Agenda: Item 3. Consent Agenda: A. Approve minutes of August 14, 2001 City Council Workshop: B. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L-Q zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: C. Tabled from August 21 , 2001 : Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Table until September 18,2001 Meeting Meridian City Council Meeting September 4,2001 Pg.2 ( \; D. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: E. Tabled from August 21, 2001 : Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: F. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: G. Tabled from August 21 , 2001 : Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 1 0 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: H. Tabled from August 21, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: I. Tabled from August 21 , 2001 : Findings of Facts and Conclusions of Law for Approval: PFP 01-001 Request for Preliminary/Final Plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for proposed Seven Gates Industrial Subdivision by Dakota Company - southwest corner of Commercial and Machine Avenue, east of Nola Road: J. Findings of Facts and Conclusions of Law for Approval with Conditions: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: Meridian City Council Meeting September 4, 2001 Pg.3 K. Findings of Facts and Conclusions of Law for Approval with Conditions: V AR 01-008 Request for a variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc. - 1975 East Fairview: L. Findings of Facts and Conclusions of Law for Approval: PP 01-010 Request for Preliminary Plat approval of 18 building lots and 2 other lots on 11.57 acres in R-4 and C-N zones for proposed Cherry Crossing by Albertson's, Inc. - northwest corner of North Linder Road and West Cherry Lane: M. Findings of Facts and Conclusions of Law for Approval: CUP 01-016 Request for a Conditional Use Permit for single-family and drug store with drive-thru, fuel pumps, office/retail and fast food in R-4 and proposed C-N zones for proposed Cherry Crossing by Albertson's Inc. - northwest corner of North Linder Road and West Cherry Lane: N. Development Agreement: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: o. Development Agreement: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: P. Street Light Agreement with Steiner Development, LLC for Wilkins Ranch Subdivision: Q. Approve Bills: Corrie: Okay. Council, we have the -- Item No.2 is the adoption of the agenda and so do I hear any changes that need to be made from the Council? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we -- or we need to pull -- under Consent Agenda, C, 0, and E and I'd like to move that to 4C, 40 and 4E. Items F, G, and H I would. like to be tabled to September 18, 2001. We'd like to add Item 48, which is the discussion of the contract with John Luthy for C-C planning for the city and also Item No. 18, which we do open for Public Hearing. They'd like that continued on. Also with your permission the Council would like to -- after we get through with 4E weld like to move to Item 10 and then at the Meridian City Council Meeting September 412001 Pg.4 end of the same come up and pick up five, six, seven, eight, and nine at the end, because they are resolutions and agreements and that way we can get to our Public Hearing to get to the people, seeing how we are running a half hour late and if the rest of the Council agree with that, I'd move we adopt the agenda as stated. De Weerd: Second. Corrie: Motion has been made and seconded for the adoption of the agenda with changes. Any further discussion? Then all those in favor of that motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. The way I understand it, then, you want to have item four -- all those items done before we go to Item No. 1 O? Bird: Yes 4C, 40, and 4E. Corrie: Okay. All right. I'll entertain a motion for the Consent Agenda with the changes. McCandless: I will move. Corrie: Okay. Motion has been made. Do I hear a second? Bird: Second. Corrie: Motion made and seconded for the Consent Agenda as admitted. Further discussion? All in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: A. Public Works Department - Gary Smith 1. Well No. 22 Pumping Facilities Project - Bid Results: Corrie: Item A would be Public Works. Gary Smith. Smith: Thank you, Mr. Mayor, Council members. Two items this evening. First item is a report to you on bid results for Well No. 22, Pumping Facilities Project. Bids were opened on August 30th. We had four bidders, Irminger Construction, Riverside, Incorporated from Parma, and J.C. Constructors in Meridian and GUHO Corporation from Eagle. Low bidder was I rminger Construction from Boise. Their bid is $237,175. Second bidder was Riverside at $238,899. Irminger has built Pump Houses 17, 18, 19 and they are currently constructing Pump House No. 21 for us. And that's the one near the Watertower site. The Public Works Department would recommend to the Council Meridian City Council Meeting September 412001 Pg.5 that they award the contract for Well No. 22 Pumping Facilities to Irminger Construction in the amount of $237, 175 and authorize Mayor Corrie to sign and the City Clerk to attest. Do you have any questions? Corrie: Hearing none, I'll entertain a motion. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we award the contract to Well No. 22 Pumping Facilities Project to Irminger Construction in the amount of $237,175 and authorize the Mayor to sign and the City Clerk to attest. De Weerd: Second. Corrie: Motion has been made and second to approved the recommendation of the Council from the Public Works on the Well No. 22 Pumping Facilities. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 2. Central Valley Corporate Park - Irrigation Water Assessments: Smith: Thank you Mayor, thank you Council. The next item I have concerns Central Valley Corporate Park and a request by the developers, Bob Nahas, one of the representatives, for a refund of water assessment fees that were paid for irrigation purposes. Previously in March of this year the Council approved an irrigation assessment refund of $8,500 to Mr. Nahas. That was for his project that he did himself. A letter that is attached to the memo that I sent to Mayor Corrie, a copy of a letter that I sent to Bob Nahas of the R.T. Nahas Company, at the bottom of that table in the letter you can see the R.T. Nahas $8,500 was for one address and that's the Micron buildings that are built out there -- the buildings that Micron is presently occupying. There were three other projects that we found after you acted on the first request where monies had been paid by different property developers, including Nahas, on another piece of property. The sum of all the monies that have been paid to the city for irrigation assessments is the $27,508 total. The motion that was made and approved by the Council in March approved the refund of the $8,500 to Nahas after the irrigation well that they are proposing to construct was constructed, the pump system was installed, and the piping and it was connected to the pressurized irrigation system and they disconnected from the city water system. So this request would be in addition to what you had previously approved and our recommendation would be that the request for refund would be subject to the same conditions that were placed on the previous request. I have not heard from Mr. Nahas as to where he is on this project, other than he petitioned me to do additional research after the last approval by the Council and that's the last that I have heard from him until I sent this letter to him and I haven't heard Meridian City Council Meeting September 4,2001 Pg.6 from him since then even, so I assume that they are still going forward with this project. The funds would be refunded to the applicants that paid the funds. Rather than all the funds being refunded to Nahas, they would go back to the individual property developers. Do you have any questions that I can try and answer? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary, we wouldn't be approving -- we have already approved the 8,500. We would only be approving $19,008 this time; right? Smith: Yes. Correct. Bird: That's alii have. Corrie: Any other questions? Okay. Hearing none, entertain a motion on request for -- Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we give back a refund, upon completion of the irrigation wells and pump system and connection to the pressure irrigation water at Central Valley Corporate Park to R.T. Nahas at 800 South Industrial Way for $4,224, Home Depot at 1100 South Progress Avenue for $7,744, United Heritage at 707 United Heritage Court East for $7,040, for a total of $19,008 when everything has been done as stated in the agree~ent. Corrie: Okay. Do I hear a second to the motion? McCandless: Second. Corrie: All right. Motion has been made and second to approve the total amount of $19,008 for the three locations of refunds on the water and with the $8,500 from Nahas already being approved. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Smith: Thank you, Mayor. Thank you, Council. 3. Mayor 1 - Agreement with John Luthy: Meridian City Council Meeting September 4,2001 Pg. 7 Corrie: Council, before 8, the contract to be heard with John Luthy in a proposal for the planning of goals and strategic planning for the City of Meridian Council, do you have any questions on that proposal? Are you ready to make a motion? Bird : Yes. Corrie: Mr. Bird. Bird: Mr. Mayor, I move that we accept the proposal from John Luthy for the goals and strategic planning for the City of Meridian in the amount not to exceed $24,000. De Weerd: Second. Corrie: Okay. Motion has been made and second to approve the contract with John Luthy for the proposal or not to exceed $24,000. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: From the Consent Agenda we have pulled Items 3C, D, and E, which is the Bridgetower Crossing and Findings of Fact and Conclusions of Law on the annexation, the Preliminary Plat, also CUP. Mr. Nichols, do you want to tell us what you -- Nichols: Mr. Mayor, members of the Council, we have a memo from me dated August 20, 2001, on these findings on all three annexations and zoning. The Preliminary Plat and the Conditional Use Permit application detailed some of the things that needed to be changed in the proposed findings. They were not potential changes to the findings that I did nit want to just submit or revise findings without highlighting what those issues were. A copy of the memo has been provided to Becky Bowcutt on behalf of the applicant. Some of the items are just merely clarifying in terms of some typos and those are the easy ones to change, but I wanted to see what the differences were. I would say probably the biggest issues are with regard to the seller, is there an issue as to -- issue on the White Drain. Ms. Bowcutt informs us that those things change and the board has taken action and shels requested a letter, but we donlt have that letter that shows what that action was. Then I think, secondly, and probably the bigger issue is on the -- as you will recall when we asked him to annex the large parcel, even though their proposal for development was less than the whole parcel, and that was partly because of consideration of the White Drain project for the Sewer Department. The potential build out is 692 lots if I understand it correctly, for the entire parcel that's being annexed. The current plat is for fewer lots and so the finding needs to reflect the annexation of some -- could be upward of 692 lots in that area. Subject to further plat submittals and Conditional Use or planning developments in those areas not covered by the current Preliminary Plat that you use and that's -- the other issues are primarily clean-up and I need direction from you to make sure that I have those accurate, because this is not a run-of-the-mill project to make sure we have it right. Meridian City Council Meeting September 4,2001 Pg.8 De Weerd: Mr. Mayor. Corrie: De Weerd. De Weerd: Shari and I -- I think when we first discussed the findings for this development. A number of additional issues that are not addressed in this memo were discussed. Such as the additional condition that you're going to have to replace or agreed on in the north corridor, planning all the way, and I think there were some pathway issues and I do not recall what the third one was. Have those issues been researched and verbiage looked at or are all those still pending staff recommendation? Stiles: Council and Council Woman de Weerd. I know they were discussed. There were three items. One was the extraordinary impact fees from Ada County Highway District. Another was the overlay project and how they were going to put wording in there. And then the third was the pathway project. What happened with the pathway project, we did recommend that they provide that pathway. However, in discussions with the parks director he indicated he did not want them to build the pathway. De Weerd: Well, I think that probably happened after our discussion and we wanted them to build the pathway. So that definitely conflicted with what council and the director wanted, so that does need to be worked out. But I do know in those findings that they were directed more towards transportation in the north corridor planning area and currently going to be more than just transportation, it's going to have a lot of infrastructure included in it as well and that needs to be reflected in the findings. So I don't think we are at that point where we can vote on it. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council. I'm glad to put into the findings whatever your decision is. I need some specifics in terms of the interplay between these findings and this current effort to overlay plan for that north ten or 12 square miles. I believe we put in the findings that subject to -- I mean they ended up charging to whatever agreement they worked out with ACHD in term of being able to build infrastructure early, rather than later, and enter into some sort of agreement with ACHD with regard to the repayment portion. You know, there has been discussion at those meetings about developers going ahead and dedicating the right of way to ACHD, but deferring their recoupment of the cost of the arterial right of way dedication until such time as the impact fees are developed or offsets or different issues. So I guess my point is I would be glad to put in whatever your decision was, but I need to know what that is, because I don't want to -- I don't want to guess on those issues. De Weerd: Mr. Mayor. Corrie: Ms. De Weerd. Meridian City Council Meeting September 4,2001 Pg.9 De Weerd: I know that Mr. Nichols had this conversation and I did pass some suggested verbiage onto the attorney that would be seated in his place, so I donlt know what happened to that, but the issue was that trans -- I think it covered transportation issues adequately, but it was just the other infrastructure issues that are being discussed as part of that north corridor planning area that were not noticed -- specifically noted in those findings. I will try and see if I kept a copy of what I gave, but I donlt know if I did. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council. Council Woman de Weerd, was that on the record where it would be in the minutes? De Weerd: I donlt recall if I specifically read it into the record or not. Staff was just supposed to work with that recommendation and come up with verbiage to bring that -- Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I don't recall that being part of the motion that we passed on. lid like to see the tape of that to see what was said. I donlt recall that even being part of the motion that we went over. Maybe it went over my head. That's what we need to look at is what is stated on the tape, because we are expecting the attorney and we are giving him notes afterwards to put into the Findings of Fact and Conclusion of Law and if they werenlt stated publicly, then I don't think that we can expect it to be in there. Berg: The Council on August 8th did go into items to be corrected, so we can get those in it. Bird: On the motion or what? What did the motion state at the Public Hearing? That's what I want to know. Berg: On the 8th there were suggestions for changes in the findings, but they werenlt approved. They were tabled until the 21 st of August. Corrie: Were they brought up the 21 st then? We should have a record of that. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Meridian City Council Meeting September 412001 Pg. 10 Nichols: Members of the Council, I know we deferred these findings on the 21 st and then I'm reasonably sure we didn't have any further discussion on those issues and it could have been that we assume or that Councilwoman de Weerd assumed that it's one of the things we were working on, but we were waiting for the minutes, we had the minutes, reviewed them, to make sure some of the things and some of it was we were simply not given. Ms. Bowcutt got a copy of this memo that detailed the different issues and we wanted to make sure she had that and had an opportunity to comment on it, so I would say we can go back and look at those minutes of the 8th and -- De Weerd: And the original motion. Nichols: And the original motion and we will double-check those all against the whole thing and make sure we get any proposed language changes to the applicant ahead of time. Corrie: Okay. We will table C, 0, and E until the 18th so we can review those minutes. Any other discussion? Hearing none, I will entertain a motion on the C, 0, and E to be discussed on the 18th of August -- or September. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table until September the 18, 2001, the Findings of Fact and Conclusions of Law for approval AZ 01-003, the request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones by Bridgetower Crossing Subdivision by Primeland Development Company, 2420 Ustick Road. De Weerd: Second. Corrie: Motion has been made and second to direct this C, D, and E to set an agenda back after the attorneyls review on the 18th of September. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Will, will you see that we get that on -- I believe that was all that we had. Item 10. Tabled from August 21, 2001: AP 01-00 Request to Appeal a stop work order for Walt Morrow by Walt Morrow - 2340 West Franklin Road: Corrie: So we will move to Item No.1 0 on the agenda tabled from August 21, 2001. Request for appeal a stop work order for Walt Morrow by Walt Morrow, 2340 W. Franklin Rd. Walt is here and Daunt is here. Okay. We had a discussion on that, Daunt, and weld have you come up and try to figure out what happened and what, so we need to know where you're going, so -- Meridian City Council Meeting September 4,2001 Pg.11 Whitman: Mr. Mayor and members of the Council. I had the question posed to me by Mr. Morrow what it would take for him to build an accessory building, for him to build a loafing shed on his residential -- on his property next to his residence and I viewed it similar to someone building a storage building on their property in a subdivision. I apparently should have checked with zoning to confirm the zoning, because it is a non- conforming use. The residence is a non-conforming use. Apparently we can't consider it an accessory building. Walt explained to me what his intention was, that he was trying to store some old vehicles that he is collecting and restoring and wanted to get them out of the weather, wanted to use part of the building as a loafing shed. It basically slipped through the cracks on my part as far as there was no -- it wasn't viewed as a commercial project, so it didn't go through the channels that a commercial project would in getting the Fire Department and the Wastewater Department and Public Works involved in doing the full commercial review and as it was permitted it was not permitted as a commercial building, it was permitted as a residential accessory building. Corrie: So what is it? Residential zoning or is it commercial or -- Whitman: Well, it is an industrial zone, but I guess I have no reason to believe it isn't going to be used to store trucks and he says a loafing shed until such time as he wanted to convert the -- and apparently do a subdivision that would include commercial buildings and then to be used as commercial space. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: This was approved a couple years ago, so it's -- you know, a lot has changed as far as policy, procedure, and ordinance. At that time was that the established procedure that you go through in approving it and you normally don't check the zoning? Whitman: It was an oversight on my part not to check the zoning. It was being done in conjunction with the residence and I just did nit -- I didn't think to check the zoning to -- I wasn't realizing that Walt was living in an industrial zone. De Weerd: Well -- and we are not here to berate him for that. I am concerned and I think that the intent of delaying it to this meeting was more that it get the necessary safety checks and those kind of reviews that our buildings normally go through, seeing that they are up to code and those kind of safety issues, and at this point I think that's all we can focus on. You know, we can't go all over the place on what should and shouldn't -- or what didn't happen, but as far as we are concerned at this point is, you know, the safety requirements and if those reviews have not been made, you know, when are they going to be made. ( Meridian City Council Meeting September 4,2001 Pg. 12 Whitman: Well, as far as structurally, the building -- it's not questioned whether it's going to be built properly or not. It's an engineered steel building. If it concerns fire protection -- De Weerd: Water source. Whitman: I guess viewing it similar to an agricultural building out in the county, I don't think the county has ever required permit for agricultural buildings. Of course if it's going to be used as a loafing shed -- that's why we enter into those concerns is my understanding. De Weerd: But it is in the city, so I mean -- Whitman: I mean -- ('m using as an example. I don't believe our Fire Department does review agricultural buildings in the county -- the storing of the vehicles is not a hazardous use in just storing -- using it more or less as a garage, similar type use. De Weerd: I just have one last question and that is what is the procedure in the review? Do you stamp those? Does each department after they review the drawings do they stamp that they have been approved by that department? Whitman: The Fire Department will stamp and return plans to me. The Wastewater Treatment sends me a memo. The Water Department sends me a memo. Public Works will stamp approved and, there again, in a typical commercial project we would require them to submit the plans and they would be distributed to the different departments and in our preliminary discussion about it, my determination was that it wasn't a commercial project, so I just required two sets of plans, one that we retained and one that they get back that had the stamp approval on it. Corrie: Daunt, if anybody else in the city limits wanted to build this building would they have to go through a different procedure than what we went through here? Whitman: Today? Yes. Well, I'm saying, yes, today they would, because I can learn from a mistake, but if I get an application for a detached garage and subdivision, it doesn't get any additional review from any other department. If it meets the setbacks, it can be done as an accessory building. Corrie: I guess one of the things -- Mr. Anderson is not here tonight. He was worried about the liability of the city with the Fire Department not checking. I guess that's a legal question to ask our attorney. Are we still -- Mr. Nichols, are we still on the hook if we don't follow up on -- Nichols: Mr. Mayor, members of the Council, I think we got to remember the issue on plan review is to make sure that the perspective building codes are met in connection with a building and its use. So if this particular building meets all of the applicable codes for its continued use, then I don't think we have a liability. One of the things that Meridian City Council Meeting September 4,2001 Pg. 13 Councilman Anderson was looking at was what if the use changes to something that involves hot work, welding, cutting -- because that was an issue just down the road from this site of Mr. Dugan's place of business and one of the things that came up in the testimony in that particular land use application was that the building there was originally permitted as a shop or garage and now it's more turned into a repair shop where there is hot working going on. So the fire protection code that would be in place for merely storing things, versus using a grinder and a cutting torch and those things would be different. Whitman: And that was part of our discussion with Mr. Morrow was that at some point he did intend that building to be used commercially and at that point, you know, a permit for tenant improvements would be obtained and he would have to go through all the steps for a commercial application and approval at that time. Bird: Mrw Mayor. Corrie: Mr. Bird. Bird: I haven't seen the plans. There is no tenant improvement, no sheetrock, no flammable material within the building, it's just a steel and block building still? There wasn't any sheetrock -- Whitman: There was one wall that would be sheet rocked to separate the area where the dirt floor is from the concrete floor. Bird: And all the setbacks -- it's not within five feet of any of his other buildings, so you have to worry about fire leaping or anything like that? Whitman: There is plenty of separation. Bird: The ordinary electrical, just lights and -- Whitman: Yes. Bird: Stuff like that? No 220 going in? Whitman: No. Corrie: So if he decides to change this, then he would have to come and make the change at that point. Whitman: In order for him to change it to use it as tenant space he would have to go through the process of getting a Certificate of Zoning compliance and go through the entire process of commercial review. Corrie: Okay. Any questions, Council? Meridian City Council Meeting September 4,2001 Pg. 14 Bird: I have none. Corrie: Any comments from staff? Whitman: Thank you. Corrie: Okay. Thank you, Daunt. Anything you want to add to this or take away or-- Morrow: For the record I'm Walt Morrow, 2340 W. Franklin Rd. Essentially everything that Daunt said is just a review on the fact that the process went through. There is a dividing wall. It's an area separation wall that's required to be put in there with respect to the interpretation of the fire code. It is not again, a building that is for commercial use or commercial leasing and it's a building that's designed for my own specific use to continue the stuff that's already there. It's not an expansion of any usage. So everything that Daunt has indicated when discussions went on and the procedure was followed. It was the same procedure as the prior four building permits that were issued at that property from 1981 on, so -- from two other building inspectors. So are there any other questions? De Weerd: I think the whole thing was this is not your typical Accessory Use building, so, you know, that's why I had further questions. Corrie: Okay. Thank you, Walt. Any other discussion, Council? Bird: I have none. Corrie: Okay. This was a request for appeal of a stop work order, so it would be the decision of the Council whether this work order will continue to be held or be released. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I just have one question for the attorney. So the issue that was raised at the last meeting by Councilman Anderson was did it meet fire code and you brought up in this testimony that with the use as intended versus commercial there are different standards. Is that what I understand? Nichols: Councilwoman de Weerd, Mayor, and members of the Council. That's correct. I mean you have, for example, residential fire codes at this point, unless you exceed a certain square footage, you don't have to have sprinklers in the building. A garage typically doesn't have to have sprinklers. But if you have a certain use going on in that building, such as Mr. Dugan proposed for his property, then you do have commercial fire codes that have to be met. So it's not just the size of the building, it's partly dependent upon the use. ( Meridian City Council Meeting September 412001 Pg. 15 Corrie: I guess, Mr. Nichols, I'm a little confused. There is business conducted out there, but that doesn't have anything to do with this building; right? Nichols: It's my understanding that what Mr. Morrow was going to put into that building was he was going to store some old vehicles. The north end of the building would have a dirt floor and it would be used as a loafing shed for steers. Animals. Well, I guess it would be calves, wouldn't it. Calves and the -- I think maybe there was an office type place in the building, if I recall correctly. I may be wrong on that. So if there is not going to be any hot work there, he's not going to be welding, he's just going to store the vehicles in there and have the calves on the north end, I don't -- and I think there may have been some testimony about using it for product storage for his business, but, again, those would not be activities that would involve, you know, arc welders and acetylene torches and those sorts of things that would change the use or -- in summary, it's a non-conforming use and you're not supposed to expand it. What he's saying is he's not expanding it, he's just bringing it indoors. So he's converting an outside storage area to inside. That's what he indicated to the Council, as I recall. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd like Mr. Morrow to come back up here, I've got a couple of questions I want to get clarified here real fast. In your existing business at this location do you do any welding, cutting, or anything within any of your sheds? Morrow: No. All that's done for me by Tolsma Welding. Bird: Okay. Morrow: At his site. Bird: Do you store paint or have any flammable material at any of your products out there, other than the normal garage that we have in our garages for our cars and stuff like that? Morrow: No. The paints that we have are all spray cans of paint. Bird: Okay. Thank you. Mr. Mayor. Corrie: Mr. Bird. Bird: If there are no more questions, I would move that we pull this appeal to stop work order and let the building go on at 2340 W. Franklin Rd. Meridian City Council Meeting September 4,2001 Pg. 16 De Weerd: Second. Corrie: Okay. Motion has been made and second. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Walt, thank you. Item 11. Public Hearing: CUP 01-025 Request for a Conditional Use Permit for a Day Care Center for approximately 1 00 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade - 1230 West Overland Road: Corrie: Item No. 11. Public Hearing. Request for a Conditional Use Permit for a Day Care Center for approximately 100 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade, 1230 W. Overland Rd. Open the Public Hearing and -- what's that? Staff comments. Stiles: Mr. Mayor, where were you going to put items five through eight? Corrie: Last. Stiles: Oh. Toward the end? Corrie: Yes. Stiles: Okay. Corrie: We stopped these people 30 minutes late, so we thought we would get them out of here if they have some other things to do. So we are on Public Hearing, No. 11, request for Conditional Use Permit 01-025. Stiles: Mr. Mayor and Council, this is for a piece of property that was previously approved as the Overland Mini Storage. They had come in with a Conditional Use Permit and a plat as part of their annexation. I will need to have the applicant clarify -- I have two different site plans. One of them -- in fact, they are both dated the same date, there is no revision date on it, but the initial annexation did require some landscaping along the Nine Mile Creek and I realize they can1t put any trees in the Sewer Easement, but they would need to provide some additional landscaping along that creek, as was approved with the initial application. I just wanted to clarify -- I don't know if you have two separate applications or two separate site plans, but I do and they are both dated the same date, so I don't know what it is they are proposing there. The use as proposed, if there is a Conditional Use Permit, they could do it in the location that they proposed along the Nine Mile Creek, but it would be the only application that would be permitted. If they were going to split that property off they would need to go through the Meridian City Council Meeting September 4,2001 Pg. 17 subdivision process and take care of it that way. It's located directly north of Sportsman Point Subdivision. In this area here is property owned by the church, Treasure Valley Baptist Church. They have also purchased this portion here and the City has approved an office for a roofing contractor in this location. The City has the sewer running down Nine Mile Creek in the pipe. This is looking at the existing Nine Mile Creek. We would like it to be preserved for aesthetic nature. It could be a little more aesthetic than is shown here, but further north along where the Treasure Valley Baptist Church is they have planted trees within that easement, I believe, and we would like that to be continued along here. One of the site plans that was submitted showed the asphalt going right up to the edge of the easement and we do want to see some type of landscaping in there. This is the -- one of the plans that was submitted -- as you can see there was no landscaping, it goes immediately up to the edge of Nine Mile drain. They would propose that they have up to 96 children and as a condition of the Conditional Use Permit, since it is considered one parcel, the Planning and Zoning Commission recommended that they put in the landscaping along the entire frontage of Overland Road. So if that can be clarified by the applicant and we would recommend approval with all staff and agency conditions and if it's not within those conditions to add the requirement for landscaping along Nine Mile Drain. Corrie: Okay. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Shari, I have two as well. That one was in our original package and then the second one was date stamped July 16th. So I think the one with the trees along that east side, that is the new revised plan. That's the newer version. Stiles: I don't believe Gary will allow any planting of trees within his easement. De Weerd: Well, Gary, you're not popular with the environmentalists, are you? Stiles: But, however, they do have area there that they could beautify it and add some type of landscaping that would be acceptable to the Public Works Department. So I guess if the record would reflect ifs the one that's date stamped July 16th. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, how wide of a buffer landscape area would you like along there? Stiles: I believe what was approved as part of the initial annexation was five feet from the easement. ( Meridian City Council Meeting September 4,2001 Pg. 18 Bird: And that's what you're staying to is the five feet? Stiles: Yes. Bird: Okay. Corrie: Okay. As this is a Public Hearing, is the developer here tonight representing the day care center? Raise your right hand. Do you swear to tell the truth tonight in testimony? Slade: Yes. Corrie: Okay. Give your name. Slade: Shanalee Slade. Corrie: Address? Slade: 3380 North Summerfield Way. Corrie: Thank you. Slade: As far as I know the easement -- there will be no problems with any of the landscaping. I know the developers are wanting to get this project approved and as far as the looks and the landscaping on the outside of the building, they are willing to put in whatever is needed. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: And that includes along the whole frontage of Overland Road? They have no problem with that? Slade: No problem. I know they are talking about they have to put in a sidewalk in also along the front of the road. Bird: Okay. Corrie: Okay. Any other comments? Questions? All right. Thank you. Anyone else wish to issue testimony tonight? Okay. Hearing none. Bird: Mr. Mayor. Meridian City Council Meeting September 4,2001 Pg. 19 Corrie: Mr. Bird. Bird: Gary, do you -- I know we don't want trees on the easement, but do you allow shrubberies and stuff like that, not too deep growing roots? Smith: Yes. That's correct, Councilman Bird. Bird: Okay. Thank you. Corrie: Any other questions? Hearing none, I'll entertain a motion to close Public Hearing. Bird: So moved. McCandless: Second. Corrie: Motion made and second to close the public hearing on the request for Conditional Use Permit in Item No. 11. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Public Hearing is closed. Comments? Discussion? De Weerd: I have none. Bird: I have none. Corrie: Okay. 1'1( entertain a motion on the request for the Conditional Use Permit. De Weerd: Mr. Mayor. Corrie: De Weerd. De Weerd: I move that we approve the request for a Conditional Use Permit for a day care center for approximately 100 children in the C-G zone for The Learning Garden Day Care Center to include all staff comments with notation about the five foot buffer on the east side to have shrubbery and to fully landscape Overland and to have the attorney do complete Findings of Fact and Conclusions of Law. Bird: Second. Corrie: Okay. Motion has been made and second to approve the request for Conditional Use Permit and have the attorney draw up Findings of Fact and Conclusions of Law. Further discussion? Okay. All those in favor of the motion say aye. ( Meridian City Council Meeting September 4,2001 Pg.20 MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Item 13. Item 14. Public Hearing: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building lots on 10.98 acres +/- in a proposed I-L zone for proposed Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Public Hearing: VAR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business - owners association in an I-L zone for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Public Hearing: V AR 01-011 Request for a Variance to delete requirement of 35-foot buffer width for entryway corridors and maintain existing 20-foot buffer width and to delete requirement of the 25-foot buffer between Intensity Class I and Class IV and maintain the 20-foot width for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Corrie: Item No.'s 12, 13 and 14, open all the Public Hearings, all three interests here for the Preliminary Plat, variance to delete one of the requirements and also to delete the 35-foot buffer. So your testimony that you will give here tonight will be for all three if you so desire, they will all be taken into consideration. So at this time I will open the Public Hearing. How many people here are to give testimony in that public hearing tonight? Okay. If you'd raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you? And then when you get up here you'll give your name and -- okay. Open the Public Hearing. Shari? Gary? Stiles: Mr. Mayor and Council, this is for the property south of Presidential Drive. It was previously approved as part of the Family Center Conditional Use Permit for a planned development for the shopping center. As part of their initial plan they showed I believe three building lots and they are desirous of subdividing this property so they could either sell off the lots individually or to a developer as four separate building lots. The variance that they have requested is the requirement -- one of them is for the requirement in our landscape ordinance that requires any of these required buffers to be within a common lot. They would like to have those shown as easements on the plat and staff does not take issue with that request, but would like to have all of the landscaping completed prior to any occupancies being given for any of the buildings on the property to maintain consistency of that landscape treatment. The other variance that they are requesting is that the 25 foot wide buffer that's now required in our landscape ordinance adjacent to residential use remain at the 20 foot width that was approved a part of the initial Conditional Use Permit. And the recommendations from Planning and Zoning Commission I'd just like to note on page two of the recommendation where it states -- the last sentence: A variance application has been submitted to allow a Landscape Easement, instead of common lot and the Commission Meridian City Council Meeting September 4, 2001 Pg.21 has approved the variance. The Planning and Zoning Commission is not responsible for approval of variances, so it should read that they have recommended approval of the variance. Bird: The Commission has recognized the variance? Stiles: Yes. Bird: Recommended, not approved? Stiles: Recommended approval or recommended. I'm not sure. Maybe the applicant could explain more what Item No. 1 0 is. It states the Planning and Zoning Commission requests that the sidewalk along Eagle be detached from the road to create a parkway and then connected to the existing sidewalk location at the edge of the plat. Bird: Just a second. We are missing pages. I know I can't count, but I did get from two to six. We are missing three, four and five. That's my fault for not noticing the -- Will, would you run us off a copy of three, four and five? Do you have one there? Do you have three, four and five, Will? Stiles: Mr. Mayor and Council. Corrie: Yes. Stiles: Did you find that page, page four? Corrie: No. Stiles: Well, in the first sentence it says that the Planning and Zoning Commission requests the sidewalks be detached and then the last sentence says the Planning and Zoning Commission recommends to not require detached sidewalks. But I certainly hope that they don't mean not to have detached sidewalks on Eagle Road, because there would be no purpose to have a sidewalk at all if it's not dis-attached. Bird: That's correct. Corrie: Shari, is there also on that Pine Street that has been given? Bird: The right of way? Corrie: The right of way. Stiles: I believe it has, their portion of it. And construction is beginning now for the -- they are going to complete the construction of that roadway to the eastern most boundary of this subdivision. ( ( Meridian City Council Meeting September 4,2001 Pg.22 Corrie: Okay. Stiles: I can't imagine if they wanted maybe a seven foot sidewalk here. Again, that's not what staff would recommend is an attached sidewalk. That may already be included in Ada County Highway District's design for Pine Street, but Eagle Road most definitely should not be an attached sidewalk. Corrie: I wouldn't think so. Okay. Bird: Do you want to state that No.1 0 how you want it to read, Shari? Now that we have got one to follow along with. Stiles: I would say the sidewalks along Eagle shall be detached from the road to create a parkway and then connected to the existing sidewalk location at the edge of the plat. Corrie: So where Eagle would be it's the word shall? Stiles: Yes. Taking out the first part and removing the final sentence. Bird: Just remove that final sentence; right? Stiles: Yes. Corrie: Okay. Stiles: And I believe that any tiling of any ditches has already been accomplished with the prior development. J'm not aware of any ditches that are located here. But with that we would recommend approval with the changes requested. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, are we attaching to the sidewalk along the new Pine Street? Stiles: I'm not aware of what their designs are for that. They may be asking for attached seven foot wide, but they don't have any jurisdiction over Eagle Road and I'm sure the transportation department doesn't want an attached sidewalk on Eagle Road. Bird: Okay. We will ask the applicant what they plan to do on that. Stiles: Okay. Corrie: There is a school on up the road there. Okay. Any other questions from staff? Okay. Developer. I'll give you a chance to answer some of these questions. Meridian City Council Meeting September 4J 2001 Pg.23 Paulson: Thank you. I'm John Paulson of Dakota Company, 380 East Park Center Boulevard, Suite 100, Boise, Idaho. As Shari indicated, this is a resubmittal of a plan and replat that was approved a year ago. The difference is a year ago it was approved with three lots, it is now being requested to be divided into four lots. The request for the landscaping changes is due this year because the Landscape Ordinance has now been set in place and the variances that are being requested are to allow this subdivision to be in compliance with the original Conditional Use Permit that was approved to the overall project and remain contiguous and in the same light as the main center. All of the landscaping on the project will meet the requirements and meet the landscaping that is already in place for the overall center. There are some questions regarding the sidewalk and I may ask my assistant Tom Bowens, who was involved in the project and the approval last year and has been involved in the plan approval thafs been going through with ITD to step forward and answer those questions, but you have to swear him. Corrie: If you could give me your name and address and then I will swear you in. Bowens: Tom Bowens, Dakota Company, 380 East Park Center Boulevard in Boise. Corrie: So you swear that the testimony you give is the truth? Bowens: I do. Corrie: Thank you. Bowens: Point of clarification. Last time in the original Conditional Use Permit for the shopping center we were required to do five foot sidewalks attached on Eagle Road and Fairview Avenue and that's exactly what is there today. When we did the Wal-Mart portion of the project we were required to do seven foot attached sidewalks on Fairview Avenue, which is exactly what we did. On this subdivision plat the drawings that are completed to date have been approved by -- or are in the process of final approval by ITD on Eagle Road frontage are showing seven foot attached to the curb sidewalk, which would be exactly the same as what we did over on Wal-Mart1s portion of the project. So we go from seven foot on Eagle Road, cross Presidential, five foot attached sidewalks, all the way around to Fairview back to seven foot attached sidewalks. That's what ITD would prefer, a seven foot attached sidewalk on Eagle Road and that's what we have drawn and propose to do. As far as Pine Street goes, those drawings are also complete. They show a five foot attached sidewalk on Pine Street the full length of our frontage, 600 and some feet. So that's the sidewalk issue. We would propose to continue with the seven foot attached sidewalk along Eagle Road. Thafs what we have drawn. I might mention I heard some good news late this afternoon that we may be back on -- not on schedule, but back on track to do the Pine Street Eagle Road intersection with ITD's approval hopefully late this afternoon and be ready to get started here in the next week or so. Irs been an ongoing battle for approvals with ITD on the intersection design more on the other side of the Blue Cross side than our side, there has been a lot of arm twisting going on. I think we are pretty darn close now. The other Meridian City Council Meeting September 4,2001 Pg.24 intersection, obviously, has started and will be wrapped up by the end of October, so -- answer any questions on the sidewalks? Corrie: Mr. Bird. Bird: Tom, on the Wal-Mart, how long ago did we -- that has been a year ago -- Bowens: A year and a half ago. Bird: A year and a half ago we approved that and the city wanted a seven -- Bowens: Seven foot. That's what was approved. Bird: Was it the city or was it ACHD or -- Bowens: No. Originally we were going to go with the five-foot sidewalks, the City asked for the seven foot attached, and that's what we built. Bird: The City asked for the seven foot? Bowens: That's correct. We originally proposed the five-foot to be contiguous -- continuous with what we had already done on the other side, but we opted for the seven. Bird: You're not unattached along Fairview there in front of Shop-Ko and that? That's five foot attached? Bowens: Five attached. Yes. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: You know, with all your good news that you brought, I hate to throw a wrench in things, because I for one would not go walk on that sidewalk and I have seen a few brave souls that would, but, you know, we are going to have a school there, you know, a connection to a school at some point and we just can't keep continuing to do things the way we did them, because we did them that way. We need to start making wiser decisions and I think that a detached sidewalk along that fast moving traffic is the only way to go and, you know, I know you're to a certain point through the process, but, you know, if I have any say about it we are not going to have another attached sidewalk on roads that are that busy. So that's my two cents worth. Corrie: Okay. Anything else? Okay. Meridian City Council Meeting September 4,2001 Pg.25 Paulson: I might add just as a point of clarification, on Items 13 and 14 on the second page where it says surrounding properties, the east and west properties are just interchanged. It's on the staff letter from David McKinnon, second page of his stamp letter, just for the record. Corrie: Okay. Thank you. Anyone else like to issue testimony on Items 12, 13, and 14? Yes, sir. Corbell: Robert Corbell. 3653 East Presidential Drive. Corrie: Do you swear to tell the truth in this testimony this evening? Corbell: I do. I don't have so much testimony to give as I have questions. There was a drawing up there earlier that showed three small lots on the front -- that one there -- and then one on the east side, which would be -- which would abut the subdivision. Is that the proposal that they are making? Is that the proposed change they are requesting? Stiles: Yes. Corbell: And do they have a potential -- these are just lots, right? They are going to redraw the lots and this is the way it's going to look? We donlt know what kind of buildings are going in there, the size of the buildings, or anything like that at this point? Now are we -- are all of these buildings going to be treated -- or be subject to the same restrictions as the rest of the development? My concern is when Dakota Development came in with this whole development in the beginning, they were going to make it all contiguous and all look the same, it all presented the same appearance, it was all very attractive and now we were here a year ago for it to be subdivided into three lots, now they want to chop it up into four lots. My concern is that it's not going to -- that they just stated that it would make it easier for them to sell them off. If they sell them off they lose control, it no longer looks like one nice attractive development, we have a hodgepodge, we have people coming in and putting up whatever they want where they want. Corrie: Okay. Thank you. Anyone else wish to testify? You want to answer the question for them about the sell off on the three or four lots? Paulson: The subdivision is to accommodate the potential users going on that site. Any building that's proposed or any use proposed would still have to go through the normal Conditional Use Permit approval and building and the plan approval and we also agree with contiguity with the building and compliance with the standards. Corrie: Okay. Any other testimony? Okay. Council, questions? Bird: I have none. De Weerd: And I have none. ( Meridian City Council Meeting September 4,2001 Pg.26 Corrie: Okay. Then with that I will entertain a motion to close the Public Hearing on the Preliminary/Final Plat No. 01-002, request variance Nos. 01-010 and 01-011. Bird: So moved. McCandless: Second. Corrie: Motion made and second to close the Public Hearing on Items 12, 13 and 14. Any other discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Council, discussion? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I do. I just have a statement on the sidewalk and I agree with Tammy. I drive that at least twice a day, if not more. I know we have got detached across the street from them. I like the detached. I don't like people walking right beside the busy part of that. I think the difference between Fairview and the Eagle Road part of it, on the north end you do have some turn-off lanes there, but you don't have -- it isn't a complete right- hand turn lane like we have got coming up -- going north on Eagle. But I also understand that other Council, myself, which I am sorry for that we didn't make sure that these were detached for the -- the other part of it, I hate to say it not look continuous along there, but I would -- and I am sure maybe ACHD and them guys from -- after meeting with them, they like the five foot or seven foot attached sidewalk. don't ask me why. And I'm sure they would want it along Pine. So even though the sidewalk is an issue, it isn't -- it isn't an issue with me this time, because we have allowed it on the rest of the shopping center and we should have started right at the start if we wanted to have detached sidewalks. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: So what did you just say? Bird: I said I don't mind attached sidewalks on this part. I wish we had -- De Weerd: Attached. Meridian City Council Meeting September 4,2001 Pg.27 Bird: Attached. I wish they were detached, but we have already allowed it on this shopping center and it would be -- it would look continuous with the shopping center design right now. Corrie: Any other comments. Hearing none, I will entertain a motion on Item No. 12, request for Preliminary and Final Plat approval. De Weerd: Mr. Mayor, I move that we approve the request for a Preliminary Plat -- Preliminary/Final Plat for a building lot on 10.98 acres, plus or minus, in a proposed I-L zone for proposed Presidential Subdivision by Dakota Company to include all staff comments, to also note the corrections discussed by our Planning and Zoning Administrator, that landscape be required prior to occupancy of the entire site and that the Eagle Road sidewalk be detached and so on page four, item ten, that the last sentence be deleted and in the first sentence shall be added after along Eagle and to include the notation on the Planning and Zoning recommendation approval. McCandless: Second. Corrie: Okay. Motion has been made and second to approval a Preliminary Plat and Final Plat approval. Staff comments? And of the corrections as stated. Any further comment? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: As I understand by the motion you are demanding a detached sidewalk right? De Weerd: In essence, yes. Bird: Okay. Corrie: Is everybody clear on that one. Mr. Berg, Roll Call vote, please. Berg: Thank you, Mr. Mayor, members of the Council. Roll Call vote. Roll Call: De Weerd, aye; McCandless, aye; Bird, aye; Anderson, absent MOTION CARRIED: THREE AYES, ONE ABSENT Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Before we go any further does council want to clarify what width that detached sidewalk should have to be? Meridian City Council Meeting September 4, 2001 Pg.28 De Weerd: Five foot. The rest of the sidewalk along Eagle Road is five foot, isn't it? It's seven on Fairview. Seven on Fairview, five on Eagle. Part of it. Corrie: Five foot detached. Okay. Item No. 13, request for a variance to delete the requirement of subdivision street buffers to be on a common lot maintained by business owners. De Weerd: I have no further-- Corrie: Any further discussion? Okay. I'll entertain a motion on that request for that variance 01-010. McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: I move that we approve the request for variance to delete the requirements for subdivision street buffers to be on a common lot maintained by business - owners association in an I-L zone for the Presidential Subdivision by the Dakota Company. Bird: Second. Corrie: Okay. Motion has been made and second to approve the variance to delete the requirement of the subdivision street buffers to be on a common lot maintained by business - owners association. Any further discussion? Hearing none, a Roll Call vote. Mr. Berg. Berg: Thank you, Mr. Mayor, Council. Roll Call vote. Roll Call: McCandless, aye; Bird, aye; De Weerd, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item No. 14, request for a variance to delete the requirement of 35 foot buffer width for the entryway corridors and maintain existing 20 foot buffer width and to delete the requirement of the 25 foot buffer between Intensity Class I and Class IV. Any discussion? Bird: I have none. De Weerd: I have none. Corrie: Entertain a motion on Item No. 14. ( Meridian City Council Meeting September 412001 Pg.29 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the variance to delete the requirement of a 35-foot buffer width for entryway corridors and maintain existing 20 foot buffer width and to delete requirement for the 25 foot buffer between Intensity Class I and IV and maintain the 20 foot width for Presidential Subdivision by Dakota Development and have the attorney draw up the proper papers. De Weerd: Second. Corrie: A motion has been made and second to approve the variance request 01-011 and for the attorney to draw up the papers. Further discussion? Mr. Berg, Roll Call vote. Berg: Thank you, Mr. Mayor, Members of the Council. Roll call vote. Roll Call: McCandless, aye; De Weerd, aye; Bird, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 15. Public Hearing: RZ 01-006 Request for Rezone from I-L to L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Item 16. Public Hearing: PP 01-014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I-L and L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Item 17. Public Hearing: V AR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: Corrie: Item No.'s 15, 16, 17 is a Public Hearing requesting rezone from I-L to L-Q zone for Elixir Subdivision by Elixir Industries. Item No. 16 requests a Preliminary Plat approval of three building lots and one other lot of 15.49 acres and also request a variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton. At this time I will open the Public Hearing. Staff comments first. Stiles: Mr. Mayor, Council, this is for a property that's currently occupied by -- I believe Warm Springs Spa is still there and is just north of the railroad tracks on the west side of Eagle Road. The property to the north is also owned by Elixir Industries. They are requesting rezone to allow the Primary Health to build a building at this location. They would be required to provide appropriate entryway landscaping along Eagle Road, Meridian City Council Meeting September 4,2001 Pg.30 landscaping along Commercial Court. The Planning and Zoning Commission has recommended that as requested by the applicant that Commercial Court remain a private road. Staff does not agree with that recommendation and believes that it should become a public street at this time. There are two existing buildings on the site and, of course, this is still vacant here. The primary -- let's see if I can find the site here. They didn't submit elevations. They were not submitting for a Conditional Use Permit. The applicant is also requesting the variance to our landscape ordinance that requires a 25 - - 20 to 25 foot landscape buffer between conflicting zones or non-compatible zones and I believe that they have recommended they -- the Planning and Zoning Commission has recommended approval of the five foot buffer with a four foot masonry wall and the applicant is here tonight so he can further explain where that wall would be and where the proposed plantings would be. So those are the major issues. If I could show you from the aerial -- let's see. You can get a better look at the site. The railroad tracks and the Evans Drain on the south side of the tracks there. There would be also a buffer strip adjacent to the railroad corridor. As you can see from the aerial this is an existing subdivision. This is Franklin Road. No, it's not. That is the railroad tracks. Nola Road. Commercial comes through here and then comes in and has kind of a T at the end of the existing subdivision. This was intended to line up and eventually connect the Nola Road to Eagle Road and that is the reason why we are recommending that that be a public street. Other than that we would recommend approval with staff and agency conditions. Corrie: Okay. Is the applicant represented here tonight? Clayton: My name is Paul Clayton. I'm at 501 North Eagle Road in Meridian. Corrie: Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you? Clayton: I do. In reference to the landscaping on the north side, I'm on the south side of the road, the same as lot three. They are putting in the road right now and while they are constructing the road we have found out that they are putting in enough to put -- not number three, number two. Pardon me. Right above the building there -- is where they -- I talked to Mr. McKinnon, that's where he wanted some trees along that front there and there would be about a seven to eight foot space there between the new road and the existing blacktop where they could plant trees and we could -- because of the -- that way that's showing there the park is not like it is, it's -- that big building is 55,000 square feet and at the time we built it in 1968 the parking requirements -- they are not shown on there like they are -- required a parking that -- required the parking like now. But that slip across the front there could be put -- easily be put in, but it's going to be about seven or eight between the finished road and the blacktop there now where the trees could to be put in. We have no objection to anything that was within reason, naturally, and we don't want to cause any commotion. However, there are some signs that -- on Eagle Road that we have to take care of if too many trees were to block out the signs, we wouldn't be able to advertise the businesses that are there. On that space between the buildings there -- if we could get that thing back again that was there. That little Meridian City Council Meeting September 4,2001 Pg.31 building on the bottom there, the 20,000 foot building, from that -- on the north side of that building is a 25 foot planter in existence right now and then there is parking and the turn around, which is another 37 feet. So we can put a planter there, we would need a four-foot high wall with a five-foot planter, which would definitely be a separation between those two areas. We acquired that property in 1967 and built the first building there in 1968. And we would like to maintain it as a private road also until such time as it would be able to finish and meet the street to the west of us. At this particular time we do not own the last 50 feet of that property where the street would have to be put in. It's owned by somebody else. It's owned by Thomas Wright. However, to have him put up the money to finish the road to that point he's not agreeable with. So that came into existence in a very odd way. Back in 1972 the railroad wanted to run a spur around the property and come down Pine Street where Pine Street is going to be now and that was abandoned and before we could get the property back Tom Wright had claimed it. But we had the last 50 feet of that property that was ours originally. The railroad abandoned this project. Now rather -- there is no problem with water or anything like that. There is four wells on the property. Three of them are still active. They are not hooked up to anything at the moment, but they are still active wells. So we can irrigate them here -- we can irrigate with the trees with the water from one of the wells. Itls an abandoned railroad spur on the south side right next to the railroad and I checked with the railroad and they said that if the trees are put there, they are going to have to be held back so the branches don't hang over the right of way. So it's going to consume a lot more land than we had originally anticipated by putting the trees in. However, we will put the trees in and we are going to have to put some kind of a tree that doesn't have a big spread, because if you get 15 feet of land, that's a lot of land to give away. So there are trees that we put in there that wouldn't be as great a spread as some of the other trees that we could use. We need some kind of a juniper or something of that nature that grows tall and slim, so you wouldn't have to have an overhang on the railroad. The main reason to keep it a private road is because we don't own the last 50 feet and ACHD, I talked to Ms. Newton there about it, she said within a two-year period, if it was a feasible thing, we could make it -- and the road being built to ACHD standards right now, so there would be no future problem with the road. Corrie: Okay. Any questions? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Mr. Clayton, when you talked to ACHD were they willing to take that road or did they want to take that and make it into a public road? Clayton: Not at this moment. When I was there -- I talked to Ms. Newton and there was another lady there, but I don't know her name, and they told me that if the situation was improved over the next two year period it would become a dedicated road and become a public road. But they also in their letter had no objection to it being a private road for the next two years. Meridian City Council Meeting September 4,2001 Pg. 32 Bird: Thank you. Clayton: And I have a copy of that if you want to see it. Corrie: Any questions? Bird: I have none. Corrie: Thank you, Paul. Clayton: Thank you. Corrie: Is there anyone from the public that would like to discuss -- yes, sir. Do you promise in regard to the testimony you will give tonight is the truth, the whole truth, and nothing but the truth, so help you? Miller: Yes, I do. My name is Brad Miller with Ronald W. Van Auker, Incorporated. 11m here tonight representing McCall properties, which owns ten acres on the south side of that street contiguous to the Elixir property and the McCall property people have asked him to request that the city council make that a public road. lid like to see it a public road at this time. So right about where the marker is they own that property and the east -- Tom Wright owns the four and a half acres right there and down. Tom owns between the road and the railroad tracks by four and a half acres. And then McCall property owns just to the -- right there, yes. That ten acres there. But they are supportive of the project, but we would like to see it be a public road. Corrie: And anyone else? Ms. Bowcutt. Do you promise and affirm that the testimony you give tonight will be the truth, the whole truth, and nothing but the truth, so help you? Bowcutt: I do. Becky Bowcutt, 12715 West Edna Court, Boise. 11m here this evening on behalf of Gem Tone, Inc. That's the company that Mr. Wright owns. We would like to go on the record and state that we are in support of the project. However, we also agree with Mr. Van Auker's representative that that should be a public street. These undeveloped parcels are not any different than other undeveloped properties that we see when we develop partials and we go in, we provide sub streets, etc. The problem with -- when one builds a private road, they may say we asked for a building to meet ACHD standard, but a lot of documentation and testing is required to go back and try to get those dedicated a couple years down the road, plus standards change over time. So if their intent is that this may be public and they are going to build at the public standards, we believe it should be a publicly dedicated street. Thank you. Corrie: Thank you. Anyone else? Okay. Anyone else? Okay. Paul, you have one last shot at it. You're the developer. Any questions that have come up? Meridian City Council Meeting September 4,2001 Pg. 33 Clayton: The issue of the road being public or private is being built and tested and I'll the testing materials are being recorded, so that in the future if the road wants to become a public road it has become a public road and everything will be in order, but at the moment, because of the fact that we don't own the land at the end and build the thing clear through -- another thing, too, that I didn1t bring up before, ACHD is going to widen Franklin Road. When this road was first put in people would go around the end down there. We even built a trench and they filled the trench up themselves so they could get around and we had more traffic on that road there than they had on Franklin and the traffic on Franklin now is terrible. And so if that becomes a public road you will have people racing up and down that little street like you can't believe, because that would be a good thoroughfare to go clear over the Lanark Street. Because of that why we don't want to make it a private road until all of the property owners and perhaps Mr. Wright can put up his share of the money to put the road in and finish it up. That's another 50 feet. It's not a cheap project to finish that road. If you want to know the facts, that road is costing near $160,000. Thank you. Corrie: Okay. Thank you. Okay. Any other questions from Council? Okay. Hearing none, 1111 entertain a motion to close the Public Hearing on 15, 16, and 17. McCandless: So moved. Bird: Second. Corrie: Motion made and second to close the Public Hearing on Items 15, 16 and 17, Elixir Subdivision. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion, Council? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I would have a question for either Shari or the attorney. On the piece of road that is not owned by Mr. Clayton. He would not be required to put that in, would he? Corrie: Which one wants to go first? Shari? Stiles: Mr. Mayor and Council and Councilwoman de Weerd. The applicant would be required to construct the public road to and through their property, just as we do with the sewer and water. So I believe this is the end -- is that right, Paul? Mr. Clayton? Clayton: The sewer -- everything is in. We put everything in. All the utilities are in. Meridian City Council Meeting September 412001 Pg.34 Stiles: We would extend it to the point where it's adjacent to their property. I believe they also own the other side here, so they would have to build a full street section. I don't -- I think Ada County Highway District would require them to build it as part of this particular plat, but when they come in for development of this other partial they would be required to finish off those improvements. It should also be noted that in the recommendation it doesn't indicate anything about a sidewalk along Commercial Street. Commercial Court. So we are going to have to come up with some standards if that's not being proposed to actually meet Ada County Highway District standards. They don't have any comments in regard to private streets. Corrie: Paul, no more testimony. Sorry. We have closed the Public Hearing, Paul. Council, any questions? Tammy did that answer your question? De Weerd: Yes. Bird: Mr. Mayor, I did have one for Shari. Shari, if it remains a private road then you don't have to put a sidewalk on it? Stiles: We don't have any standards for a private street. Bird: Okay. Stiles: Except as part of a planned development. Corrie: Any other questions? Bird: I have none. Corrie: Motion for the request for rezone, Item 15. McCandless: Mr. Mayor. Corrie: Ms. McCandless. McCandless: I move that we approve the request for rezone from I-L to L-O zone for proposed Elixir Subdivision by Elixir Industries at 521 North Eagle Road. De Weerd: Second. Corrie: Motion has been made and second to approve the request for a rezone from I-L to L-O zone, proposed Elixir Subdivision by Elixir Industries. Any further discussion? Roll Call vote, Mr. Berg. Berg: Thank you, Mr. Mayor, Council. Roll Call vote. Roll Call: McCandless, aye; De Weerd, aye; Bird, aye. Meridian City Council Meeting September 4,2001 Pg. 35 MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: No. 16 is a request for Preliminary Plat approval of three building lots and one other lot on 15.49 acres in a proposed I-L and L-O zones for Elixir Subdivision. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Preliminary Plat approval of three building lots and one other lot on 15.49 acres in the proposed I-L and L-O zones for Elixir Subdivision to note on page three, Item No.6, to remove the recommendation that it remain a private road and that it should be required to be a public road and ask the attorney to draw up Findings of Fact and Conclusions of Law and to include all staff comments. Bird: Second. Corrie: Motion has been made and seconded to approve the Preliminary Plat with the change in Item No.6 to delete the Planning and Zoning recommendation for the road to remain a private road and insert required to be a public road. Staff comments? Any further discussion? Hearing none, Roll Call, Mr. Berg. Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: De Weerd, aye; McCandless, aye; Bird, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Request for variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton. Any discussion on the request for the variance? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess no one's twisted my hand and having read staff recommendations I feel comfortable with what their recommendation is. Corrie: Okay. Any other comments? Okay. I'll entertain a motion and the request for variance. Mrs. de Weerd. De Weerd: Mr. Mayor. I move that we approve the request for a variance to the Landscape Ordinance with the staff comments to -- for our recommendation to reflect the comments of staff and David McKinnon's memorandum dated August 31st. Meridian City Council MeeUng September 4,2001 Pg.36 Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Landscape Ordinance with staff comments, no recommendations. Any further discussion? Mr. Berg, Roll Call vote, please. Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: De Weerd, aye; McCandless, aye; Bird, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 18. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Corrie: Item No. 18 has been requested be removed to the later date of October 2, 2001. At this time is there anyone here from the public who would like to issue testimony on this Podiatry Building at this time? Okay. I will open the Public Hearing and then I will continue the Public Hearing until October 2, 2001. I will entertain a motion to that effect. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we continue the Public Hearing to October 2, 2001, for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC, 1065 East Fairview Avenue. Corrie: Motion has been made to continue the Public Hearing item. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 19. CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: Corrie: Item No. 19 is a request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce, 215 East Franklin Road. Staff comments on the Conditional Use Permit statute? Meridian City Council Meeting September 4,2001 Pg.37 Stiles: Mr. Mayor and Council, I hope this is the new plan. Is that right? They have fixed their little problem with the Irrigation Easement, I think, and come up with a new plan and staff would recommend approval with all staff and agency conditions. Corrie: Okay. Is the applicant here tonight for approval of the plans? Let the record show that Mr. Bill Driscoll raises his hand and said that he approves. Okay. Council, questions? Discussion? Bird: I have none. Corrie: Okay. I'll entertain a motion for Conditional Use Permit. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I think we shouldn1t let Mr. Driscoll off the hook that easily. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we approve the Conditional Use Permit for the expansion of the Ch'amber office and visitor center in a C-G zone from for Meridian Chamber of Commerce by Meridian Chamber of Commerce, 215 East Franklin Road. McCandless: Second. Corrie: Motion made and second to approve the Conditional Use Permit on Item 9, CUP 01-017. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: And also, Bill, I mentioned to you earlier that the inspectors of the city are willing to donate their time to this project for you. As I mentioned, ACHD, you will have to discuss that with them. Council, there was a request also about the Building Permit fees. Bird: I was going to make a motion right there. Corrie: Okay. Mr. Bird. Bird: I move that we, as a city, donate -- and you just verified that the inspectors are going to donate their -- all the fees -- let's waive all the fees that pertain to the City of Meridian towards the Chamber of Commerce building. Meridian City Council Meeting September 4,2001 Pg.38 De Weerd: Second. Corrie: Okay. Motion made and second for the city to donate the fees from the city to the Chamber of Commerce. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 20. CUP 01-027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for University of Phoenix (office) by Rocky Mountain Management & Development, LLC - 3080 Gentry Way: Corrie: The Item No. 20 is a request for Conditional Use Permit to offer classes for a Master's and Bachelor's Degree in a C-G zone for the University of Phoenix office by Rocky Mountain Management & Development, LLC, 3080 Gentry Way. Staff comments. Stiles: Mr. Mayor and Council, the University of Phoenix would like to open up for business in the existing Eagle Professional Center on Eagle Road. Because that does require Conditional Use in a C-G zone they have come and we have done everything we could to help them along in that endeavor. We certainly welcome them into the City of Meridian and they have indicated verbally tonight that once they get this building they will start -- their ad will start indicating they are coming to Meridian, not Boise. Corrie: Very good. Okay. Has the applicant seen all the conditions on the Conditional Use Permit? Do you wish to add anything to that? Just state your name and -- Simmons: I'm Danny Sullivan with Rocky Mountain Management & Development. Corrie: Thank you. And you did have -- seen all the comments in the Conditional Use Permit per the minutes? Simmons: We did. Corrie: Okay. Is there discussion on the request for the Conditional Use Permit for the University of Phoenix office? Bird: I have none. Corrie: Okay. ('I) entertain a motion to the Conditional Use Permit request. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting September 4,2001 Pg. 39 Bird: I move that we approve the Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for the University of Phoenix office at 3080 Gentry Way and for the attorney to draw up the Findings of Fact and Conclusions of Law and decision and order. Corrie: Okay. De Weerd: Second. Corrie: Motion made and second to approve the request for a Conditional Use Permit for the University of Phoenix office and have the attorney draw up the Findings of Fact and Conclusions of Law for approval. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 21. FP 01-014 Request for Final Plat approval of 6 building lots on 1.66 acres in an R-4 zone for The lakes at Cherry lane No. 10 by Steiner Development, Inc. - west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: Corrie: Item No. 21 is a request for final plat approval of six building lots on 1.66 acres in an R-4 zone for The Lakes at Cherry Lane No.1 0 by Steiner Development, Inc. West and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street. Okay. Are there staff comments on the request for final plat? Stiles: Mr. Mayor, Council, I need just a minute to ask Gary about one of these comments. The staff comment indicated that Plat Note No. 10 be removed and I believe those facilities are already in place, so I don't think that can be removed. We would recommend approval of this subdivision. It was previously the Lake at Cherry Lane No. 9 and as you are probably aware, they have added an additional lot and added some area to some of the other lots that incorporated some of the golf course that was traded in a land swap. Staff would recommend approval with all staff and agency conditions, with the exception of Item No. 5 of the memo dated August 29, 2001 , and under site-specific requirements. Corrie: Okay. Any yomments from Council? Bird: I have none. Corrie: I'd ask the question. I don't think there is anyone here from The Lakes at Cherry Lane No. 10 Subdivision. Seeing none. Okay. Any discussion? Entertain a motion, then, on the request for the final plat approval. McCandless: Mr. Mayor. Meridian City Council Meeting September 4,2001 Pg.40 Corrie: Ms. McCandless. McCandless: I move that we approve the request for Final Plat approval of six building lots on 1.66 acres in an R-4 zone for The Lakes at Cherry Lane No. 10 by Steiner Development, Inc. West and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street and to incorporate the staff recommendation that would delete No.5, removing the plat, Note No. 10, from the face of the plat. Corrie: Do I hear a second? Bird: Second. Corrie: Okay. Motion made and second. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Just so I can clarify, Staff recommendation was that Plat Note No. 10 be removed. That was in the report. Shari's comment was that she thinks that that easement is already there and, therefore, Plat Note No. 10 has to stay in. Councilwoman McCandless are you agreeing that the Note No. 1 0 stays on the plat? McCandless: Yes. I didn't say it quite right, but thafs what I meant. Corrie: Okay. Roll Call vote, Mr. Berg. Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: McCandless, aye; Bird, aye; De Weerd, abstain; Anderson, absent. MOTION CARRIED: TWO AYES, ONE ABSTAINED, ONE ABSENT Item 22. Discussion of possible Mill Levy Election: Resolution No. election to raise tax levy rate for FY 2003/2004: Setting Corrie: Discussion. Possible Mill Levy Election. Setting election to raise tax levy rate for Fiscal Year 2003/2004. We had the resolution in front of us, which shows the -- well, Mr. Berg. Berg: Excuse me. Mr. Mayor, members of the Council, we have resolution. Item No.8 calls out proclaiming a general election and then this resolution would tag onto that general election to have a Mill Levy Election also. Bird: Is that the first -- Meridian City Council Meeting September 4,2001 Pg.41 Berg: There might be a legal thing, but I think we should call for a general election and then if we tag this one onto it, then it's already established. That's just my personal preference. I'm not an attorney. Corrie: Mr. Nichols, your recommendation on that? Nichols: Mr. Mayor, members of the Council, not being a Florida lawyer and not an election law expert, however, I think the Clerk's point is well taken and I think that 2 should be taken up after Item No.8. Item 5. Tabled from August 28, 2001: Ordinance No. Wages: Corrie: Okay. Item No.6 is an ordinance -- 11m sorry. No.5 is tabled from August 28th ordinance number -- what is that ordinance number for the Mayor's wages. 01-925. Do you have that ordinance? : Mayors Berg: Thank you, Mr. Mayor, members of the Council. Ordinance No. 01-925, an ordinance of the City of Meridian, Idaho, repealing Subsection A-1 of Section 4 of Chapter 8 of Title 1, Meridian City Code to increase the Mayor's salary to 55,000 dollars per year and providing an effective date. Corrie: Okay. Would anyone like to have the entire ordinance read in its entirety? Hearing none, Council, any discussion? Hearing none, I'll entertain a motion on Ordinance No. 01-925. McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance No. 01-925 establishing the increase to the Mayorls salary to 55,000 per year and providing an effective date. Corrie: That effective date, I believe, is January 1 , 2002. McCandless: 2002. Bird: Extension of the rules? Are you going to suspend the rules? McCandless: With suspension of the rules. Corrie: Is there a second? De Weerd: Second. Meridian City Council Meeting September 4,2001 Pg.42 Corrie: Motion has been made and second. All those in favor of the motion say aye. Corrie: Opposed no? Did I hear just two ayes or -- Bird: Two ayes. I abstain. I abstain. I'll vote aye. Corrie: Okay. Motion has been made and second and all approved ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Ordinance No. : AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: Corrie: Okay. Ordinance No.6, request for annexation and zoning of four acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties, 119 South Linder Road. Ordinance No. 01-926? 926. Would you read that by Title only please. The attorney says we need a Roll Call, so lees go back to No.5, Ordinance 01-925. Roll Call vote. Mr. Berg. Berg: Thank you, Mr. Mayor, members of the Council. I'm sorry I didn't catch that. Roll Call vote. Roll Call: McCandless, aye; De Weerd, aye; Bird, aye; Anderson is absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Ordinance No. : AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: Corrie: Okay. Thank you. Before I get too far into this, we need No.6, right, Ordinance No. 01-926, request for annexation and zoning, if you would read by Title only, Mr. Clerk. Berg: Thank you, Mr. Mayor, members of the Council. Ordinance No. 01-926. An Ordinance finding that certain land to be known as Hark's Corner, the location of which 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, that said land be annexed to the City of Meridian and zoning designated Community Business District C-C 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 Clerk of the City of Meridian to file a certified Meridian City Council Meeting September 4, 2001 Pg.43 copy of the Ordinance and map of the areas to be annexed with the 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: Okay. Is there anyone who would like to have Ordinance No. 01-926 read in its entirety? Let the record show there is none. Any discussion on the Ordinance? Hearing none, I'll entertain a motion on Ordinance No. 01-926. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approved Ordinance No. 01-926, the request for annexation and zoning for four acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties, 119 South Linder Road, with suspension of rules. McCandless: Second. Corrie: Motion made and second to approve Ordinance No. 01-926 with suspension of rules. Any further discussion? Roll Call vote, please. Berg: Thank you, Mr. Mayor, members of the Council, Roll Call vote. Roll Call: Bird, aye; McCandless, aye; De Weerd, aye; and Ron Anderson is absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Ordinance No. : AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 zones for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Corrie: No. 7 is Ordinance No. 01-927, request for annexation and zoning of 28.59 acres from RUT to R-8 zones for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC, south of Fairview and west of Cloverdale Roads. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Before you have the Clerk read that by Title, I note that there is a revised page which was just provided today, on page two of -- on page three of the proposed Ordinance, the last line in Section Five in the previous draft referred to planned unit development and Conditional Use Permit process and that was an error. It should say under the single-family residential development process. Meridian City Council Meeting September 4,2001 Pg.44 Corrie: Does all the Council have that? Nichols: It was provided today. Corrie: Okay. Entertain a motion on Ordinance No. 01-927 as -- Bird: Have him read it. Corrie: Mr. Bird. Bird: He hasn't read it. Corrie: Oh, you haven't read it? Bird: The Clerk hasn't read it. Corrie: Oh. Okay. Oh, I see what you're saying. Yes. Okay. City Clerk please read by Title only. Berg: Thank you, Mr. Mayor, members of the Council. Ordinance No. 01-927. An Ordinance finding that certain land to be known as Macaile Meadows Subdivision, the location of which 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, that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District R-8 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 Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the 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: Okay. We have heard the reading of Ordinance No. 01-927, Title only. Anyone from the audience who would like to have it read in its entirety? Hearing none, I'll entertain a motion on Ordinance No. 01-927. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I move that we approve Ordinance No. 01-927, request for annexation and zoning of Macaile Meadows Subdivision to note the change dated September 4th on page three as a replacement and with suspension of rules. Meridian City Council Meeting September 4,2001 Pg.45 Bird: Second. Corrie: Motion has been made and second to approve Ordinance No. 01-927 with suspension of rules. Any further discussion? Roll Call vote, Mr. Berg. Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson is absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Resolution No. Proclaiming a general city election for Tuesday, November 6, 2001 and designating polling places: Corrie: Okay. Item No.8 is Resolution No. 01-368. Okay. Proclaiming a general city election for Tuesday, November 6, 2001, and designating polling places. If the Clerk will read the Resolution No. 368 by Title only, please. Berg: Thank you, Mr. Mayor, and members of the Council. Ordinance No. 01-368, a resolution of the City of Meridian proclaiming a general city election to be held on Tuesday, November 6, 2001, designating the polling places and times and ordering the City Clerk to give notice of such election and providing an effective date. Corrie: Okay. Is there anyone from the audience who would like to have the resolution read in its entirety? Hearing none, 1'(1 entertain a motion on Resolution No. 368. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approve Resolution No. 01-368 proclaiming a general city election for Tuesday, November 6, 2001, and designating the polling places as listed. McCandless: Second. Corrie: Motion has been made and second to approve Resolution No. 368. Further discussion? Roll Call vote, Mr. Berg. Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: Bird, aye; McCandless, aye; De Weerd, aye; Anderson is absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 22. Discussion of possible Mill Levy Election: Resolution No. election to raise tax levy rate for FY 2003/2004: Setting Meridian City Council Meeting September 4,2001 Pg.46 Corrie: The next one would be a resolution for discussion of possible Mill Levy Election in the resolution, setting election to raise tax levy rate for Fiscal Year 2002/2004. So we'll open for discussion. De Weerd: I have none. Corrie: Okay. Anybody else have any discussion on it? Bird: I have none. Corrie: Okay. I'll entertain a -- so that would be 01-369. If you will read that by Title only, Mr. Berg. Berg: Resolution No. 01-369, a resolution proclaiming a city election to be held on Tuesday, November 6, 2001, designating the polling places and times and ordering the City Clerk to give notice of such election. Corrie: Anyone from the public like to have it read in its entirety? Hearing none, I'll entertain a motion on Resolution No. 01-369. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Resolution No. 01-369, a resolution proclaiming a city election to be held on Tuesday, November 6, 2001, designating the polling places and times and ordering the Clerk to give notice of such election and this election is for the increase of our -- to the budget of 2003/2004 budget year by the amount of not to exceed .004. Corrie: Okay. Is there a second to the motion? McCandless: Second. Corrie: Motion has been made and second to approve Resolution No. 369. Any further discussion? Hearing none, a Roll Call vote, Mr. Berg. Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: Bird, aye; McCandless, aye; De Weerd, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Development Agreement: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 zones for proposed Autumn Faire Meridian City Council Meeting September 4,2001 Pg.47 Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Corrie: Item No. 9 Development Agreement -- well, let me find the right page. Okay. Development Agreement 00-009, request for annexation and zoning of 101.4 acres from RT to R-4 zones for proposed Autumn Faire Subdivision by Gem Star Properties. Nichols: Mr. Mayor, if I may. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council, this is just a clean-up item and it's not for a whole 101.4 acres, it's for two parcels that are approximately I think a total of about two acres in size on the corner of Ustick and Black Cat and it's a clean-up from the Autumn Faire annexation. This parcel -- the one owned by the Langley farms, a family- owned partnership owned by Dean and Julie Langley, individually. And the key point is that it defers requirement to hook up city sewer and water until they either develop the property or they request the connection or they sell it. So there is an agreement that can be recorded which binds the property to those conditions. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Then what we are passing on right now is just Dean and Julia's own land that they own there, which is four or five acres or something like that? Or is it that big? I don't remember. Nichols: I believe it's about two acres. There was one acre that was part of the annexation and zoning for the Autumn Faire that wasn't included in the plat, but there was an acre that's annexed that's right behind their -- or beside their parcel, I don't remember which, and then the piece that their house is on. Bird: Okay. So it's not the 101.4 acres? That's what I'm -- Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for annexation and zoning of property owned by Dean and Julia Langley at the corner of Ten Mile and -- the southwest corner of Ten Mile and Black Cat, approximately -- McCandless: Was that Ustick -- Bird: Oh, Ustick and Black Cat. I'm sorry. Approximately two acres. And for the Mayor to sign and the Clerk to attest the development agreement. ( Meridian City Council Meeting September 4, 2001 Pg.48 Corrie: Motion has been made and second for Item No.9, request for annexation and zoning of development agreement. Any further discussion? Hearing none, Mr. Berg, Roll Call vote, please. Berg: Thank you, Mr. Mayor, members of the Council, Roll Call vote. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson is absent. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. With that I believe that covers the approved agenda. Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: One question. Have we got an update on the Main Street -- how that's coming along? The 1 st and Main Street changes. Corrie: To be perfectly honest with you I don't know. I will find out tomorrow and -- Gary, do you know? Has she said anything more about it? It's just not changed from anything else? Smith: No, Mr. Mayor, I haven't heard anything. Corrie: Okay. We do need to vote on that, however. We haven't voted on it, whether we make that change or not. Bird: Do we need that in a formal resolution or what? Corrie: We need it as a -- I think it's an ordinance. De Weerd: I thought it has already been approved. Corrie: We can't find it anywhere in the attorney's office or anywhere else. It was just discussed. We went back through all the minutes and we don't have an ordinance or a resolution on it. We went back -- clear back through and didn't find anything on it. We discussed it a couple three times how we wanted to do it and we never did get the ordinance. So we need an ordinance, I imagine. Correct, Bill? Nichols: Mr. Mayor, members of the Council, I don't know. Since it's a street name change I would expect probably an ordinance would be required. Corrie: Could you check that for us and maybe -- and we'd like to have it discussed in a meeting and then we can -- Meridian City Council Meeting September 4,2001 Pg.49 Nichols: I will. Corrie: Okay. Mrs. de Weerd. De Weerd: I move that we adjourn. Bird: I second it. Corrie: Motion made and second to adjourn. All those in favor say aye. We will adjourn at 9:20. Thank you. MEETING ADJOURNED AT 9:20 P.M. (TAPE ON FilE OF THESE PROCEEDINGS) APPROVED: 10 / :?-/tJ( DATE APPROVED . ;\\,\\\~l.it~'l.N~Jtlt. "\~'t '0. ~- .'~:r-~.-: ',' !iji:l JI.\\:;. _ ~J, ". r J..;}C;....;.;h~.. V.l~ .,~~ ~"'" ~'..;.~. . {~ ,'- ~~, C""t"'Ob ~A... .~, "V" o,:1.U', ~ ').. ry' ~ ....., ,0 FA' .,.... ..::- ,~~ '0 .~." i .~~. ATTESTED: ~ ~ :~ S"lJ:.L ;; ~ ,7~ A,{l ... .1- ,... -d" {.1f I" " ~ n,' ........ "/ -FA "'- ~~):J~"t-~~ " \~.. ~~ -;.... , ",,~_~....... ' "0 \ " ~>\. ,~ .......... ~"'"l _ 'ko..... "- -' - .<\-1 .. .q:'" ,J/)~ a~,~ 'rg'-J ~,- ,\.~ . ',f.'\.} ,- '_ .', '_' ,.' -'I', ,f. ...\' .., 1'" ,..>lI- . '_' f'" ./ f ;1,p.~;,~;~li ~111,:\' ~ WilliAM G. BERG, JR., BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07 -03-0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR THE ) CONTINUED USE OF 2 ) MODULAR BUILDINGS IN AN ) L-O ZONE, LOCATED ) APPROXIMATELY 400 FEET ) NORTH OF THE ) INTERSECTION OF CHERRY ) LANE AND LINDER ROAD ON ) THE EASTERN SIDE OF ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) MERIDIAN ASSEMBLY OF GOD, ) ) APPLICANT ) ) Case No. CUP-OI-OIB FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pernlit application having come before the City Council on July 3, 200 I, and tabled to July 17, 200 I ~ August 8, 200 I until August 21,2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Adlninistrator, appeared and testified, and appearing on behalf of the Applicant was Nate Wilson, and no one appeared in opposition, and the City Council having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 evidence and the record in this Inatter and the Reconlmendations to City Council issued by the Planning and Zoning COlnmission who conducted a public heari11g and the Council having heard and talcen oral and written testimony, and having duly considered the matter, the City Council hereby malces 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 weelcs prior to the said public hearing scheduled for July 3, 2001, and tabled to July 17, 2001, August 8, 2001 until August 21, 2001, before the City Council, the first publication appearing and vvritten 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 weel( 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 July 3, 2001, and tabled to July 17, 2001, August 8, 2001 until August 21, 2001, public hearing; and the applicant, affected property 0W11ers, and government subdivisions providing services withi11 the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been complia11ce with all notice and hearing requirements set forth in Idaho Code ~6 7 -6509, 6512, and Meridian City Code ss 11-15 - 5 and 11-1 7 - 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 an L-O zone and 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 approximately 400 feet north of the intersection of Cherry Lane and Linder Road on the eastern side of Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is Meridian Assembly of God, Meridia11, Idaho. 6. Applicant is Meridian Asselubly of God of Meridian, Idaho. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning a11d Development Ordinance, Section 11-7-2. 8. The proposed applicatio11 requests a conditional use permit for continued use of 2 modular buildings which 4 years ago were permitted for 3 years. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 (- \ The L-O 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 Developlne11t Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian COlnprehensive 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 tal<es judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. 2. All existing landscaping shall be retained. The CUP shall be granted for five years until August 1, .2006. Adopt the Recommendations of the Ada County Highway District as follows: 3. The ACHD shall not hear this item unless the site plan is changed in a manner to require Comlnission review. 4. ACHD policy requires that before any improvements of any ldnd are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 5. All future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Adopt the Recommendations of the Sanitary Sewer Service as follows: 6. No waste enclosure plans have been identified. 13. The proposed uses within the subject application will be harmonious with and i11 accordance with the Meridian Comprehe11sive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized La11d Use Map" as Limited Office Area" . 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and Inaintained to be harmonious and appropriate in appearance or intended character of the general FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 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 detrimeI1tal to any persons, property or the general welfare by reason of excessive production of traffic, noise, smolce, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natllral or scenic feature of Inajor ilnportance 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. s67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 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 ordi11ance but allowed with conditions u11der 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 harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and Inaintained 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 water, sewer or that the person respo11sible 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, smolce, fumes, glare or odors; h. Will not result i11 the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Limited Office District (L-O), a public hearing shall be conducted with 110tice 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 Meridia11 City Code ~ 11-17 -5 City of Meridian Z011ing 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 COlumission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the COffiluission shall, transmit its recommendations to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 ~ 11-1 7 -6 ) 7. When the City Council approves a conditional use permit it lnay impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of developme11t; C. Control the duration of development; D. Assure that the developnlent 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 continued use of 2 modular buildings which 4 years ago were permitted for 3 years i11 an L-O zone located approximately 400 feet north of the intersection of Cherry Lane and Linder Road on the eastern side of Linder Road, Meridian, Idaho, subject to the following conditions of use and developlnent: Adopt the Recolnmendations of the Planning and Zoning and Engineering staff as follows: 1. All existing landscaping shall be retained. 2. The CUP shall be granted for five years until August 1, 2006. Adopt the Recomlnendations of the Ada County Highway District as follows: 3. The ACHD shall not hear this item unless the site plan is changed in a manner to require Commission review. 4. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 5. All future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Adopt the Recolnmendations of the Sanitary Sewer Service as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 ( 6. No waste enclosure plans have been identified. 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 ClerIc and then a copy served by the Clerl( upon the applicant, the Planning and Zoning Departlnent, the Public W orlcs Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seelc 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 dayof ~fJkn./~2001. 1& ROLL CALL: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 COUNCILMAN RON ANDERSON VOTED /!bs:eJ- COUNCILMAN ICEITH BIRD VOTED~VV COUNCILWOMAN TAMMY deWEERD VOTED -$-RV COUNCILWOMAN CHERIE McCANDLESS VOTED~ ~ MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 9~4-t? I MOTION: ~ APPR~~_~_ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orl(s Department and the City Attorney. Dated: ,:\\,\\~~ tt.\utt:U1.t111t ~ .~~ A Of .M~- 11-tf.;~ ~~. ~'. ~~ ...~>ii' 6- . ~ ~ 9-4--IJ ! f~ ~~ \ ~ milT (. ! ~~~ Bl\U .{ ~\ iP I \ ,-~ ~9~ ~ ~ ~;..~~]- l{!.J'.rr'. >t~, ft,", . "~~. ~1. ~:~~ ;:- <}Ji ~~:.~,/ () .~~tr; .~~~Jt.;,-.. [~ Vi 1 l uf\\0"r~ -,r..t~~, ;\"i -i;:t;'dz;~~~~:'t.. Z:\W ork\JY1\Meridian\Meridian 1 5360M\Meridian Assembly COPO 1 ~O IS\FfClsCUPO 1-0 IS.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/03/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR THE ) CONTINUED USE OF 2 ) MODULAR BUILDINGS IN AN ) L-O ZONE, LOCATED ) APPROXIMATELY 400 FEET ) NORTH OF THE ) INTERSECTION OF CHERRY ) LANE AND LINDER ROAD ON ) THE EASTERN SIDE OF ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) MERIDIAN ASSEMBLY OF ) GOD, ) ) APPLICANT ) ) Case No. CUP-OI-OIB ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the 3rd day of July, 200 I, and tabled to July 17, 200 I , August 8, 200 I until August 21, 200 I, under the provisions of Meridian City Code S 11-1 7 -4 for final action on conditional use permit application and the ~ollncil having received and approving the Recomlnendation of the Planning and Zoning Commission the COU11Cil tal(es the following action: 2. That the above named applicant is granted a conditional use permit for ORDER CONDITIONAL USE PERMIT CUP-OI-OI8 - I ( ( continued use of 2 modular buildillgs which 4 years ago were perlnitted for 3 years in an L-O zone located approximately 400 feet 110rth of the intersection of Cherry Lane and Linder Road on the eastern side of Linder Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recomlnendations of the Planning and Zoning and Engineering staff as follows: 1. All existing landscaping shall be retained. 2. The CUP shall be granted for five years until August 1, 2006. Adopt the Recommendations of the Ada County Highway District as follows: .3. The ACHD shall not hear this item unless the site plan is changed in a manner to require Comlnission review. 4. ACHD policy requires that before any improvements of any Id11d are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 5. All future design plans and construction shall be in accorda11ce with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Adopt the Recommendations of the Sanitary Sewer Service as follows: 6. No waste enclosure plans have been identified. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirelnents as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this cOl1ditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17 -8, a copy of ORDER CONDITIONAL USE PERMIT - 2 CUP-OI-OI8 which is attached to this pennit. By action of the City COU11Cil at its regular meeting held on the 4-IA day of de: fe~~ , 2001. // / o15c;f: D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Departlnent, Public W orl(s Departlnent and City Attorney. By:JI~~~~/9- City Clerk Dated: tj -- 4----l} ( ORDER CONDITIONAL USE PERMIT CUP-OI-OI8 OM 3 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08-08-01 IN THE MATTER OF THE ) REQUEST FOR ) PRELIMINARY/FINAL PLAT ) FOR SEVEN GATES ) INDUSTRIAL SUBDIVISION ) TO MAlCE FOUR LOTS OUT OF ) THREE EXISTING LOTS ON ) 4.94 ACRES IN THE LAYNE ) INDUSTRIAL PARlC (I-L ) ZONE), TO BE I<NOWN AS ) SEVEN GATES INDUSTRIAL ) SUBDIVISION, LOCATED AT ) THE SOUTHWEST CORNER ) OF COMMERCIAL AND ) MACHINE AVENUE - EAST OF ) NOLA ROAD, MERIDIAN, ) IDAHO ) ) BY: DAICOTA COMPANY ) ) Case No. P/FP-OI-OOI FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled Inatter coming on regularly for public hearing before the City Council on August 8, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying on behalf of the Applicant was John Paulson, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - SEVEN GATES INDUSTRIAL SUBDIVISION / BY DAI(OTA COMPANY (PFP-OI-OOl) - I 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 Plat Drawing described as follows, "Preliminary Plat of Seven Gates Industrial Subdivision, a Replat of Lots 8, 9, and 10 of LAYNE INDUSTRIAL PARI( SUBDIVISION includillg Proposed Parldng and Landscaping Layout being a portion of NE 1/4 SW 1/4 of Section 8, Township 3 North, Range 1 East, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 1999, LOCUST GROVE INDUSTRIAL PARI(BOOI(41, PAGES 3391 &3392, DATE SEALED: 9/29/99, Designed By: RGH, Drawn By: RGH, Approved By: DICe, Date: 3/12/2001, Job No. SI-99122, DWG No. SI99122B, Bool( 1- 30, Page 3, EDWARDS & CUMMINGS LLC, ENGINEER, SHEET I OF I, DWG No. C-748-C, PRELIMINARY PLAT OF SEVEN GATES INDUSTRIAL SUBDIVISION MERIDIAN, IDAHO FOR JOHN FORSYTHE," submitted for preliminary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the proposed development is in conforluance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - SEVEN GATES INDUSTRIAL SUBDIVISION / BY DAI(OTA COMPANY (PFP-OI-OOI) - 2 ( as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Compreherlsive Plan and Map, adopted December 21, 1993, and the property is presently zoned I-L Light Industrial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 I.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of prelilninary plat approval. 4. The proposed development is a C011tinuity of the proposed development within the City's Capital Improvelnent Program and if the conditions which are requested by the Planning and Zoni11g Adlninistrator a11d the Engineering Technician III are met 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - SEVEN GATES INDUSTRIAL SUBDIVISION / BY DAICOTA COMPANY (PFP-OI-OOI) - 3 ( and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7 . Some existing land uses on the property are out of compliance with existing land use regulations or previously granted approvals, specifically an illegal building and landscaping not in conforlnity with applicable landscape requirement~. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by "Preliminary Plat of Seven Gates Industrial Subdivision, a Replat of Lots 8, 9, and 10 of LAYNE INDUSTRIAL PARlC SUBDIVISION including Proposed Parldng and Landscaping Layout being a portion of NE 1/4 SW 1/4 of Section 8, Township 3 North, Range I East, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 1999, LOCUST GROVE INDUSTRIAL PARlC BOOI( 41, PAGES 3391 & 3392, DATE SEALED: 9/29/99, Designed By: RGH, Drawn By: RGH, Approved By: DICC, Date: 3/12/2001, Job No. 51-99122, DWG No. SI99122B, Bool( 1- 30, Page 3, EDWARDS & CUMMINGS LLC, ENGINEER, SHEET I OF I, DWG No. C-748-C, PRELIMINARY PLAT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - SEVEN GATES INDUSTRIAL SUBDIVISION / BY DAI(OTA COMPANY (PFP-O 1-00 1) - 4 ( (- SEVEN GATES INDUSTRIAL SUBDIVISION MERIDIAN, IDAHO FOR JOHN FORSYTHE", submitted for preliminary/final plat. 1. The conditions of Staff comments as set forth in the Memoranduln to the Mayor and City Council from David McI<innan, Assista11t Planner for Plan11ing and Zoning, and Bruce Frecldeton, E11gi11eering Technician III, dated June 26,2001 and June 4,2001, listing 6 General Comments and 9 Site Specific Comluents, a11d a Memorandum frOIU David Mcldnnon, Assistant Planner for Planning and Zoning, and Bruce Frecldeton, Enginerring Technician III, dated June 4,2001 on the application bacl<ground, true and correct copies of which are attached hereto marlced Exhibit "A", and consisting of seven pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of August 8, 2001, and the requirements are as follows, to-wit: 2.1 The City Council's action from their August 8, 200 I meeting, shall be the elimination of nUluber 4 on page 3 of the Recommendation presented to Council from Planning and Z011ing. 2.2 The applicant shall be required to remove all temporary buildings and structures from the property, and shall be required to meet all approved land use regulations pursuant to Meridian City Code or prior land use approvals before signature can be obtai11ed on the preliminary/final plat. 2.3 The Nampa & Meridian Irrigation District's Snyder Lateral courses along the south boundary of the project. Any encroachments without a signed License Agreement and approved plans shall be unacceptable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - SEVEN GATES INDUSTRIAL SUBDIVISION / BY DAlCOTA COMPANY (PFP-OI-OOI) - 5 (' 2.4 The Sanitary Services notes there are no waste enclosures or plans; applicant shall provide such plans as a condition of approval. 2. The final plat upon which there is contained the Certification and signature of the City CIerI, and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and By action of the City Council at its regular meeting held on the ~pk I)-V~ ,200 I. I A& ,- day of Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Departlnent and City Attorney. By ~~7 Dated: 9-4~()/ I z:\ W ork\M\Meridian \Meridian I5360M\Seven Gates Industrial Sub PFPO 1-00 I \FinaIPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - SEVEN GATES INDUSTRIAL SUBDIVISION / BY DAI(OTA COMPANY (PFP..OI-OOI) - 6 MAYOR Robert D. Come HUB OF TREASURE VAllEY A Good Place to Live LEG.ALDEP.AR~ (2OS) 288-2499 · Fax 288--2501 PUBUC 'WORKS BUILDING DEPARTMENT (208) 887-2211. Fax 887-1297 P.LA:r\[N]NG AND ZO:NING DEPARThffiNT (208) 884-5533 . FAX 8&3-6854 ..,i., 01Y COUNCIL MElvfBERS Ron Anderson Keith Bini Tammy deWeero O1erie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (20~ 888-4433. FAX (208) 887-4813 Gty Oetk Office Fax (200) 888-4218 I\1EMORANDUM: June 26, 2001June 4, 2001 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer David McKinnon, Assistant Planner Re: Request for Prelim.in.aIyIFinal Plat Approval to Make Four Lots out of Three Existing Lots in the Layne Industrial Park, to be known as Seven Gates Industrial Subdivision (File No. PP-OI-Ol1). The applicant is requesting resubdivision of three existing lots within the Layne Industrial Park Subdivision to four lots. Three buildings currently exist on these lots, and two of the buildings were built over existing lot lines. 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 COIvnvfENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with \Vritten confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Provide 5' wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 5. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision name, lot and block numbering. Make any corrections necessary to conform. 6. Submit ten copies of the revised Preliminary and Final Plat Maps to the City Clerk's Office a !111nimurn of one week prior to the meeting before the Meridi::lf1 City CounciL EJ,;h~.J "A" I of1 .~ ~/ ' f Mayor, Council and P&Z June 4, 2001 Page 2 SITE SPECrnC COMMENTS 1. Sanitary sewer and water service to this site shall be via service lines from the existing mains in E. Commercial Street. The existing service locations sho\VD. on the preliminary plat map don't match the locations shown on the as-built drawings prepared at tbe time the subdivision was constructed. Additional service information needs to be gathered by the applicant and submitted to the Public Warks Department for review. It is not clear whether the existing services will be adequate to serve the additional building being proposed on Lot 1. 2. Submit detailed landscaping plans, including sizes and species of'vegetation and details of walkways, for approval prior to signature on the final plat. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. All landscaping shall meet the minimum requirements of the City's Landscape Ordinance. Minimum five-foot-wide planting strips are required on the south, east and west boundaries of the proposed subdivision. Most of the existing landscaping is within ACHD right-of-way. The site has114,800 s.f of asphalt, according to the site plan. Gravel will be prohibited in all new landscape areas. 3. All parking areas on the four lots must be paved, striped, and meet minimum dimension requirements as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 4. Parking requirements are not met by the plan. Uses of the buildings have changed from those propos~d when building permits were obtained to those with more intensive parking requirements. Many cars are parking at the end of E. Commercial Street, either because of convenience or because of inadequate parking on the site. The subdivision should not be approved unless a variance application for reduced parking is applied for and received. 5. Please add the following fmal plat notes: (1. ) Building setbacks and dimensional standards in this subdivision shall be' in compliance with the applicable zoning regulations of the City of Meridian. (2.) Any re-subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re-subdivision. (3.) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (4.) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal groundwater elevation. 6. Add "Block 1" to the face of the final plat. EU&;b:-I"}I II ~'#7 ': r . Mayor, Council and P&Z June 4, 2001 Page 3 7. Add notations for the adjacent land status (ie. "UNPLATTED~' "UPRR") 8. Execute the Certificate of o \Vners and its accompanying Acknowledgement. 9 · Assessment fees for water and sewer service are determined during the building plan review process~ Applicant shall be req~ed to enter into an Assessment Agreement \Vith the City of Meridi3.IL In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. &U"DIY "A" J 01'7 CI__ r"__.. L.-' C\..1.." ~ ~/ ",,~ j\fAYOR RobertD. Corrie n l./D UP 1. j\1!.~/i;) lJ.1\.L J' ~1 ..:'\. Good Place to Live [' \ crry COUNaL MElvfBERS Ron Anderson Keith Bird Tammy de Weerd Olerie McCandless CITY OF Iv1ERIDIAN MEMO R.l\.NDUM: 33 EAST IDAHO !vfERIDIAN, IDAHO 83642 \ ~ (208) 888-4433 . FAX (208) 887-4813 I T I Gty OeIk Office Fax (208) ,~ CE lVEI JUN - 4 2001 CITY OF :MERIDIAN June 4, 2001 To: Mayor, City CounciL Planning & Zoning Bruce Freckleton, Assistant to City Engineer ~ David McKinnon, Planner NA From: Re: Request for Prelimin:lrylFinal Plat Approval to Make Four Lots Out of Three Existing Lots on 4.94 Acres in the Layne Industrial Park (I-L Zone), to be knO\Vll as Seven Gates Industrial Subdivision, by Dakota Company, Inc. (File No. PP-OI-OIl, FP-OI-008). Application Back2round This application may look familiar to some of you, it was previously approved with conditions by the Commission and City Council. The reason that this application is back in front of you is because the Final Plat was not recorded within the one-year time limit prescribed by the City Code for recordation. Therefore, the owner of the property is required by City Code to begin the platting process anew (Section 12-2-4C..). This re-subdivision vvill create a new building lot within the Layne Industrial Park Subdivision, as well as realigning three existing lot lines so that two of the three existing buildings will no longer sit atop lot lines. The previous application for this re-subdivision was accompanied by a request for a variance from the landscaping requirements. The variance request was denied. As the landscape ordinance has been revised since their previous submittal, landscaping requirements are not as onerous as before, and the applicant has not requested a variance. Application Summary The current configuration of the lots and the types of businesses located in the existing buildings have created a parking problem. For example, staff has made several visits to the site (as recently as May 14th, 2001) and found that 18-20 employees of the business in the easternmost building have to park on Commercial Avenue, 5-6 employees park on an unimproved dirt lot directly east of the building and all of the required handicap parking is being parked on by 3-4 more employees. The businesses located in the other two buildings are plagued by similar parking woes; however, their p~oblems stem from a high number of storage containers and outside storage rather than sheer number of employees. The westernmost building has had between 12-15 employee vehicles parked on the currently non-surfaced proposed lot in addition BJ,;!J,'I ,. A 'I t'Jf 1 Seven Gates Ind Sub#2PFP.doc " Mayor, Council and P &2 June 4, 2001 Page 2 to approximately 7 semi-trailers, 10 other vehicles (unlicensed vehicles, Chemlavvn trucks, delivery trucks, etc.) and a large amount of outside storage. The rear of the westernmost building is somewhat overtaken with outside storage, eliminating the parking as shovm on the site plan. Additionally, there is an existing temporary trailer on the site being used as office space, which is not permitted. The three lots, once re-subdivided into four lots, will meet all of the minimum street frontage and lot size requirements as listed in the Meridian City Code. Additionally, the right-of-way bas already been improved with curb and gutter and City water and sewer services are readily available on site. Required Findings for Subdivisions L . ~.r . ;::~:}~~~ ~.. . Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision is in conformance with the Comprehensive PlarL b. The availability of public services to accommodate the proposed development; Staff finds the subdivision to have publi~ services read~y available on site, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting senrices for the proposed development; Staff finds that the development will not reqUIre major expenditures for supporting servIces. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that the parking situation created by the sheer number of employees and storage material existing on site to be a safety problem as well as a nuisance for other businesses located in the area. The applicant should demonstrate that the parking situation can be controlled by the existing parking provided on site, prior to approval of t~,1J,V 'Ii" S fJ-I1 Seven Gales lnd Sub#2.PFP.doc ( / (J Mayor, Council and P&Z June 4, 2001 Page 3 another building lot that may create additional parking inadequacies. As Commercial Court is expected to eventually extend to Eagle Road, on-street parking may have to be prolnlJited in the future. Also, there is an existing trailer that is being utilized as an office (behind Lot 3, Block 1) for which no permits were obtained. 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: SITE SPECIFIC C01v1MENTS 1. Sanitary sewer and water service to this site shall be via service lines from the existing mains in E. Commercial Street. The existing service locations shovm on the preliminary plat map don't match the locations shown on the as-built drawings prepared at the time the subdivision was constructed. Additional service information needs to be gathered by. the applicant and submitted to the Public Works Department for review. It is not clear whether the existing services will be adequate to serve the additional building being proposed on Lot 1. 2. Submit detailed landscaping plans, including sizes and species of the proposed and existing vegetation for approval prior to signature on the :final plat, to meet the requirements of the City's Landscape Ordinance. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping pl~ A letter of credit or cash in the amount of 11 0% will be required for these improvements prior to signature on the final plat. 3. All landscaping is to be completed prior to obtaining a certificate of occupancy for the new building to be built on the additional lot. 4. All parking shall be retained on-site for all buildings and businesses within the subdivision. Prior to signature on the final plat, the applicant shall demonstrate to City staff that all of the existing businesses' employees can park on their respective property without the need to park in the street or the vacant lot. Code Enforcement shall continually monitor the site to ensure that all parking is being properly retained on site. 5. All storage and parking on the lot to be created shall be removed prior to signature on the final plat. The existing trailer that is being utilized as an office must be removed from the site prior to signature on the plat 6. All parking and areas of circulation on the four lots shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Drd. 557, 10-1-91) for all off-street parking G~""6,'f NA" ~ tJI7 Sevt:n Gm~ Ind Sub#2.PFP.doc I' I' , / Mayor, Council and P&Z June 4, 2001 Page 4 areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications vvith the Idaho Department of Water Resources regarding Shallow Injection Wells. This application proposes a common receiving pond for drainage water for the entire site; therefore, a drainage operations and maintenance agreement must be executed between all lot owners. The agreement must be reviewed and approved by the Public Works Department, and a fully executed copy returned prior signature on the final plat. 8. Revise the year of platting to "2001." 9. Include the subdivision name across the top of sheet 2 of2 of the :final plat map. 10. Execute the Certificate of Owners and its accompanying Acknowledgement. 11. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. GENERAL C01vIMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with 'Written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5- 7 - 51 7 . Wells may be used for non-domestic purposes such as landscape irrigation.. 3. Please submit a copy of the Ada County Street Name Committeets final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. Recommendation Staffrecommends approval of this application with the above noted conditions. EM'~.'" II A" 7fJ' 7 Scwn<mcsmdsub#~FP,doc ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08-21-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A FREE- ) STANDING COFFEE HUT ) WITH DRIVE- THRU IN A C-G ) ZONE, LOCATED AT 1975 E. ) FAlRIVEW, MERIDIAN, IDAHO ) ) TJBJ, INC. ) ) APPLICANT ) ) Case No. CUP-OI-OIO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled C011ditiollal use perluit application having come before the City Council on August 8, 200 I, and continued until August 21, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Todd Mason, also appearing and testifying was Tom Bevan, and no one appeared in oppositioll, 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 a11d Zoning Commission who conducted a public hearing and the Council having heard and tal(en oral alld written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 ( and having duly considered the matter, the City Council hereby mal(es the follo"Wing 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 August 8, 200 I, and continued until June 19, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel( before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service annou11cements; and the matter having been duly considered by the City Council at the August 8, 2001, and conti11ued until August 21, 2001, public hearing; and the applicant, affected property owners, and governlnent 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANn ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 a C-G zone and 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 1975 E. Fairview, Meridian, Idaho. 5. The owner of record of the subject property is Wild Shamrocl(, LLP of Meridian, Idaho. 6. Applicant is T. Mason, Meridian, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed applicatioll requests a conditional use permit for a free- standing coffee hut with drive-thru. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordillance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 tal(es judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridiall 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 COlument 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 follo"Wing conditions of development are imposed and the following is also found to be required to lnitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, and in accordance with the drawing of 7 -16-01, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The Applicant has not requested any municipal services to serve this use. They intend to be a fully self-contained unit. If approved, evidence of approval from the Central District Health Department for operation of this self-contained unit shall be submitted to the Planning Department at the time of Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 2. Parlcing: The proposed Moxie Java is required to have 5 parlcing spaces per Ordinance 11-13 for a single drive-through window. Econo-Lube is required to have 13 spaces. The Comlnission and Council shall require the Applicant to stripe two parallel parl<ing spaces west of the proposed structure (based on the revised May 3,2001 Plan) and seel( to obtain a cross-parldng agreement between Econo-Lube and Schucl(s for the two remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2 spaces short of their requirement. Schucl(S has at least 2 more spaces than they are required to have. A variance was granted to the Applicant in Case No. VAR-01-008, at the City Council meeting held on June 19, 200 I, wherein the Applicant was granted to reduce the parldng by two spaces. 3. SOlne form of hanging planters or other landscaping around the base of the structure shall be provided to beautify the building. 4. A Certificate of Occupancy (C.O.) for the business is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Departlnent and Planning & Zoning Department, at a minimum. 5. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for the free-standing coffee hut with drive-thru. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. 6. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirelnents. 7. Outside lighting shall be designed and placed so as to not direct illuluination on any nearby reside11tial areas alld in accordance with City Ordinance Section 11-13-4.C. 8. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 10. The applicant shall be required to have at least 100-feet of stacking distance between both existing driveway locations. II. Utility street cuts in pavement less thall five years old are not allowed unless approved in writing by the District. 12. No new driveways are approved with this application. 13. Applicant shall also comply with all the Standard Requirements of the ACHD's letter dated April 19, 2001. Adopt the Recommendations of the Central District Health Department as follows: 14. Applicant shall provide plans for a plan review to the Department for a beverage establishment. Adopt the Recoffilne11dations of the Meridian Fire Department as follows: 15. Applicant shall satisfy code requirements of all departments. Adopt the Sanitary Sewer Service Recommendations as follows: 16. Applicant shall provide 10' inside gate opening. Additionally, the Applicant shall comply with the City Council's requirement from their August 21, 2001 meeting as follows: 17. That the Applicant shall have six months to obtain and have in place a Cross Access Easement Agreement with the parcel to the east of the proposed project. If the Applicant is unable to obtain and have in place FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 said agreement the11 no building permits shall be permitted and the conditional use permit shall expire. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed., constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equiplnent and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 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 llpon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City 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 follo"Wing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 standards are lnet and that the proposed development: (Meridian City Code S 11-1 7 - 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 cllaracter of the general vicinity and that such use willl10t 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 persoll 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 ll0t be detrimental to the econolnic welfare of the conununity; g. Will not involve uses, activities, processes, materials, equiplnent and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with llotice 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 ( conditional use perlnit 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 Commissio11; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Councillnay 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 Ordinallce, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it Inay 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 (- D. Assure that the development is maintailled 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 Plall 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. The above named applicant is grallted a conditional use pennit for a free-standing coffee hut with drive-thru in a C-G zone located at 1975 E. Fairview, Meridian, Idaho, and in accordance with the drawing of 7 -16-01, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. The Applicant has not requested any municipal services to serve this use. They intend to be a fully self-contained unit. If approved, evidence of approval froln the Central District Health Departlnent for operation of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ( self-contained unit shall be submitted to the Planning Department at the time of Certificate of Zoning Compliance. 2. Parking: The proposed Moxie Java is required to have 5 parking spaces per Ordinance 11-13 for a single drive-through window. Econo-Lube is required to have 13 spaces. The Commission and Council shall require the Applicant to stripe two parallel parking spaces west of the proposed structure (based 011 the revised May 3, 2001 Plan) and seek to obtain a cross-parldng agreement between Econo-Lube and Schucl(s for the two remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2 spaces short of their requirement. Schucl(s has at least 2 more spaces than they are required to have. A variance was granted to the Applicant in Case No. VAR-01-008, at the City Councillneeting held on June 19,2001, wherein the Applicant was granted to reduce the parldng by two spaces. 3. Some fonn of hanging planters or other landscaping around the base of the structure shall be provided to beautify the building. 4. A Certificate of Occupancy (e.o.) for the business is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department, at a minimum. 5. Violation of any of the above conditions shall be cause to revol(e a certificate of occupancy for the free-standil1g coffee hut with drive-thru. The conditional use perluit shall be subject to review upon ten (10) days notice to the applicant. 6. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requireme11ts. 7. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 8. All signage shall be in accordance with the standards set forth in Section FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 11-14 of the City Zoning and Development Ordinance. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 10.The applicant shall be required to have at least 100-feet of stacld.ng distance between both existing driveway locations. 11. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.No new driveways are approved with this application. 13. Applicant shall also comply with all the Standard Requirements of the ACHD's letter dated April 19, 2001. Adopt the Recommendations of the Central District Health Department as follows: 14. Applicant shall provide plans for a plan review to the Department for a beverage establisl1ment. Adopt the Recolnmendations of the Meridian Fire Department as follows: 15. Applicant shall satisfy code requiremellts of all departments. Adopt the Sanitary Sewer Service Recommendations as follows: 16. Applicant shall provide 10' inside gate opening. Additionally, the Applicant shall comply with the City Council's requirement from their August 21, 200 I meetillg as follows: 17. That the Applicant shall have six months to obtain and have in place a Cross Access Easelnent Agreement with the parcel to the east of the proposed project. If the Applicant is unable to obtain and have in place FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 said agreement then no building permits shall be permitted and the conditional use permit shall expire. 13. The conditions shall be reviewable by the Council pursuant to Meridia11 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 perlnit. 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 Clerl( and then a copy served by the Clerl( upon the applicant, the Planning and Zoning Department, the Public W orl(S 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 perluit approval may within twenty-eight (28) days after the date of this decision and order seel( 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 J2p1e~ 2001. 44 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 ( ROLL CALL: COUNCILMAN RON ANDERSON VOTED JlbJ~ COUNCILMAN I<EITH BIRD VOTED -$-a- VOTED~Pu COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED$~ ..,..,,- MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: t/-/f--tf}( MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orl(s Department alld the City Attorney. BY~~~~ 9 Dated: .WAL City Clerk \ ..~.~ .ll f ..,. ~~. "- 't1:~~~, - .!) J ~ tt' ~~ I. It:i ~. . ..~f'+\i .:~ ~, .. ~.~. ~"- ~~. ~~ . ~~' ~~ ~) _,t1~(i. \\NP A _ NTS40 _ PDC\SER VER _ ~ W ork\M\Meridian \Meridian 15360M\Moxie Java CUPO 1-0 1 O\FfClsCUPO 1-0 1 0 .d~;-l~~,"". ~J ~ _> ,:~, ~,+-~..t~ '\ ~ . \"-~ -':t',,~,~ ':lft ~1 i".! \: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/21/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A FREE- ) STANDING COFFEE HUT ) WITH DRIVE-THRU IN A C-G ) ZONE, LOCATED AT 1975 E. ) FAlRVIEW, MERIDIAN, IDAHO ) ) TJBJ, INC., ) ) APPLICANT ) ) Case No. CUP-OI-0I0 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter corning before the City Council 011 the 8th day of August, 200 I, and continued until August 21, 200 I, under the provisions of Meridian City Code ~ 11-1 7 -4 for final action on conditional use permit application and the COUI1Cil having received and approvi11g the Recommendation of the Planning and Zoning Comlnission the Council tal(es the following action: 2. That the above named applicant is granted a conditional use pennit for a free-standing coffee hut with drive-thru, in a C-G zone located at 1975 E. Fairview, Meridian, Idaho, and in accordance with the drawing of 7 -16-0 I, subject to the following conditions of use and development: Adopt the Recommendations of the Plan11ing and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT BY TJBJ, INC. / CUP-OI-010 - I ( 1. The Applicant has not requested any lTIunicipal services to serve this use. They intend to be a fully self-contained unit. If approved, evidence of approval from the Central District Health Department for operation of this self-contained unit shall be submitted to the Planning Department at the time of Certificate of Zoning Compliance. 2. Parking: The proposed Moxie Java. is required to have 5 parldng spaces per Ordinance 11-13 for a single drive-through window. Econo-Lube is required to have 13 spaces. The Commission and Council require the Applicant to stripe two parallel parldng spaces west of the proposed structure (based on the revised May 3,2001 Plan) and seel, to obtain a cross-parldng agreement between Econo-Lube and Schucl(s for the two remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2 spaces short of their requirement. Schucks has at least 2 more spaces than they are required to have. A variance was granted to the Applicant in Case No. VAR-OI-008, at the City Council meeting held on June 19,2001, wherein the Applicant was granted to reduce the parldng by two spaces. 3. Some form of hanging planters or other landscaping around the base of the structure shall be provided to beautify the building. 4. A Certificate of Occupancy (C.O.) for the business is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department, at a minilTIUm. 5. Violation of any of the above conditions shall be cause to revol(e a certificate of occupancy for the free-standing coffee hut with drive-thru. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. 6. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 7. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. ORDER CONDITIONAL USE PERMIT BY TJBJ, INC. / CUP-O 1-010 -2 8. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: lO.The applicant shall be required to have at least 100-feet of stacldng distance between both existing driveway locations. II. Utility street cuts in pavement less tha11 five years old are not allowed tlnless approved in writing by the District. 12.No new driveways are approved with this application. 13. Applicant shall also comply with all the Standard Requirements of the ACHD's letter dated April 19, 2001. Adopt the Recommendations of the Central District Health Department as follows: 14. Applicant shall provide plans for a plan review to the Department for a beverage establishment. Adopt the Recommendations of the Meridian Fire Departlnent as follows: 15. Applicallt shall satisfy code requirements of all departments. Adopt the Sanitary Sewer Service Recommendations as follows: 16. Applicant shall provide 10' inside gate opening. Additionally, the Applicant shall cOlnply with the City Council's requirement from their August 21, 2001 meeting as follows: 17. That the Applicant shall have six months to obtain and have in place a Cross Access Easement Agreement with the parcel to the east of the proposed project. If the Applicant is unable to obtain and have in place said agreement then no building permits shall be permitted and the ORDER CONDITIONAL USE PERMIT - 3 BY TJBJ, INC. / CUP-OI-OIO { conditional use permit shall expires. 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 ~ 11-17 -8, a copy of which is attached to this permit. By action of the City Cou11cil at its regular meeting held on the .tf-tL day of c:R kj'Yt/6e~ Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and ,City Attorney. By:JI~~ ~~ {) City Clerl( Dated: 1- 4---eJ ( \\NP A _ NTS40 _ PDaSER VER _ZA W ork\M\Meridian 'Jv1eridian 153 60 M\Moxi e Java CUPO 1-0 I O\OrderCUPO 1-0 I O.doc ORDER CONDITIONAL USE PERMIT BY TJBJ, INC. / CUP-OI-0I0 -4 ( BEFORE THE MERIDIAN CITY COUNCIL C/C 8-21-01 IN THE MATTER OF THE ) APPLICATION OF TJBJ, INC., ) FOR A VARIANCE FOR THE ) REDUCTION OF TWO ) REQUIRED PARIGNG SPACES ) FOR MOXIE JAVA, LOCATED AT ) 1975 EAST FAlRVIEW, ) MERIDIAN, IDAHO ) V AR-O 1-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on August 8, 2001, and continued until August 21,2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Todd Mason, and TOlTI Bevan appeared and testified, and no one appeared in opposition, and the City Council having received the transmittal to age11cies and having received the variance application, having heard the testilTIOny presented, being fully advised in the premises does hereby mal(e the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT I. The City Council tal(es judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 1 of 9 ( and all current zoning maps thereof and tl1e Comprehellsive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirelnellts of Idaho Code ss 67 -6509, 6516 and Meridian City Code ss 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Todd Mason, whose address is 106 E. Williams, Meridian, Idaho 83642. 4. The ovvner of the property is Ricl( Thomas, Wild Shamrock, LLP, whose address is 12301 W. Explorer Dr., Suite 240, Boise, Idaho 83713-6000. 5. The location of the subject property is presently located in a RUT, and which subject property is located at 1975 E. Fairview, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City ClerIc's office. 7. The present land use of subject property is presently zoned as RUT, and which subject property is presently being used as a parldng lot. 8. The proposed land use of subject property is to develop the subject property in the following mal1ner: A free-standing coffee hut with drive-thm. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City COU11Cil showing property lines, FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 2 of 9 ( existing streets, proposed district a11d such other items as required have bee11 furnished. 10. The Applicant seel(s a variance of the following provision of the Meridian City Code, sll-13-5.B.2., Parldng Space Requirement, Commercial, and in the RUT zone if granted the re-zone, which provides as follows: 11-13-5. Parldng Space Requirement: B.2. COlumercial: TYPE OF USE PARIGNG SPACE REQUIRED Ba111(s, fillancial institutions and similar uses I for each 200 sq. ft. of gross floor area Clinic (luedical, dental, optical) and veterinary animal hospital or clinic I for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room Department store I for each 400 sq. ft. of gross floor Area Drive-in establishment 5 reserved spaces per customer service willdow Mortuaries I for every 3 seats, plus I parldng space for each funeral vehicle l(ept on the preluises. Professional offices I for each 400 sq. ft. of gross floor area Retail store I for each 200 sq. ft. of gross floor area Sales (automotive, mobile home, Travel trailers, farm implements) 1/3 of the sales lot for designated customer parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC. / MOXIE JA VA REDUCTION IN PARKING SPACES Page 3 of 9 Service station and motor vehicle repair (major or Ininor) 2 for each service bay II. All property owners within three hundred feet (300') of the external boundaries have been notified by lnail, and their mailing addresses may be obtained from the list 011 file with the Planning a11d Zoning Department. 12. The characteristics of the subject property which prevent cOlnpliance with the requirements of the ordinance are that Applicant cannot meet the regulation for parldng, as there are not enough parldng spaces. 13. The mini1TIum requirements of the ordinance that need to be reduced to pennit the proposed use would be the need to decrease the number of parldng spaces to two parldng spaces for the drive-thru establishlnent. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that there is not enough parldng for two uses on the site. 15. The unusual or peculiar circumsta11ces which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in number 14, a11d because the conditional use permit applied regulated parldng for two lots, and the Lease Agreement was signed separately. 16. A literal interpretation of the provisions of the ordinance would deprive FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC. / MOXIE JA VA REDUCTION IN PARKING SPACES Page 4 of 9 ~ (- ( , the Applicant rights because there is not enough parldng at the Econo Lube where the drive-thru coffee hut would be located, but there is bonus parking at Shucl(s. 17. The existence of special circumstances or conditions affecting the property are as stated above in paragraphs 14, 15, and 16. 18. Granting the variance would luaintain rights which would be afforded to others in the saIne situation. 20. The variance would convenience the applicant since he would not have to provide the extra two parldng stalls at the location where the cost-effective business would be located. 21. The graIlting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requireluents of the Subdivision Ordinance will prevellt the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application for a variance. 24. The applicant shall be required to first complete the conditions as required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 5 of 9 ( within their corresponding conditional use permit application, Case No. CUP-OI-0I0, in order for this variance application to be granted. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Lal1d Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67 -6516 to provide as part of its zoning ordinance for the process of applications for variance perluits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian 'City Code SS 11-15-5 and 11-17-5. 4. Application and sta11dards for variances are set forth in Meridian City Code S 11-18-2, and the filldings which are required are set forth in Meridian City Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Developme11t Ordinance would result in extraordinary hardship to the ovvner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC, / MOXIE JAVA REDUCTION IN PARKING SPACES Page 6 of 9 conditions or other conditions that lllal(e strict cOlnpliance with the ordil1ance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance willll0t have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, 11-13-5-B.2., Parldng Space Requirement, Commercial, and ill the RUT zone if granted the variance, provides as follows: 11-13-5. Parl<ing Space Requirement: B.2. Commercial: TYPE OF USE PARIGNG SPACE REQUIRED Banl(s, financial institutiollS and silnilar uses I for each 200 sq. ft. of gross floor area Clinic (medical, dental, optical) and veterinary animal hospital or clinic 1 for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room' Department store 1 for each 400 sq. ft. of gross floor Area Drive-in establishment 5 reserved spaces per customer service window Mortuaries 1 for every 3 seats, plus I parl<ing space for each funeral vehicle l<.ept FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 7 of 9 on the premises. Professional offices 1 for each 400 sq. ft. of gross floor area Retail store 1 for each 200 sq. ft. of gross floor area Sales (autoluotive, mobile home, Travel trailers, farm impleluents) 1/3 of the sales lot for designated custoluer parldng Service station and lTIotor vehicle repair (major or minor) 2 for each service bay DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the parking space requirelTIents for the Moxie Java in the RUT zone, but the applicant shall first be required to complete the conditions as required within their correspondillg conditional use perluit application, Case No. CUP-OI-0I0, in order for this variance application to be granted, and if the Applicant complies with the CUP-O 1-0 10 conditions then the Applicant shall be allowed two spaces less than the minimum required by the Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC. / MOXIE JA VA REDUCTION IN P ARKING SPACES Page 8 of 9 NOTICE OF FINAL ACTION Please ta](e 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 a variance authorizing a variance of the Parldng Space Requirements in the RUT Zone as provided in the Section 11-13-5.B.2. and may within twenty-eight (28) days after the date of this decision and order seel( a jlldicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular lneeting held on the Af6- I day of ~ftJfe~~ ; , 200 I. ROLL CALL: COUNCILMAN RON ANDERSON VOTED #OF~-f COUNCILMAN I<EITH BIRD VOTED~Vv COUNCILWOMAN TAMMY deWEERD VOTED~t<- VOTED~ COUNCILWOMAN CHERIE McCANDLESS ------ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: 9-4 -0/ , FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 9 of 9 APPROVED. DISAPPROVED: MOTION: -------. Copy served upon Applicant, the Planning and Zoning Department, Public Works Departlnent, and the City Attorney office. .,. \,y\\-_u~tMtf ~-t-i~1 \~\t:~~ or~ ..~..f '-0/;.-,. ,-,'t.,.;{ .. ~~,f~~ 1'.J.'f~ ,~,\ ,L"'" ~ ~1~,'~ ~~ ...i..:.:...."\-A". ,-.~;f;\~~~ l<~14Ao~~. :to vy =Pt>~):~v~~;.;"iJ~~~'\. v ~ Dated: 9"- 4-- tJ I ! . -tJ. . 7.:1' ~. ;a) 'l <<i..tl~.~ ,~~ "1 . _. ~......... ..;.~... ".u ' :-c. ~, (,~ ! ,,~;f?,/"\ f ...... ~A '- r ~ . "':- _H'I;'-(". ;;' "~.-:.t' .... ~ V'J~ ""~_"~ j d ~ /'- <~... .:..~' /~.l/ ~.i ""~ ~~o..:..,__,... .,':",j;\"'" 1 ~'.~ '\1. " Cr"!? !~:' '... ~ f 1{.,,, ~l\ '-- r"\f/f\~"~'l:~ ",' f'~ ~... ;:... ~t;, '::' ~,\ { \\NP A _ NTS40 _PDC\SERVE~ Z\ Work\M\Meridian\Meridian 15360M\Moxie Java CUPOI-O 1 O\FfClsGrantVarianceO I-008.doc' . ByJl~~~~ City Clerl( FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- 9 ORDER OF DECISION GRANTING A VARIANCE / V AR-01-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 10 of / UJ z c:n ~ --r .... Q) 4) u.. . 0 w 0 CO > ~ <( 3: w - > Q ~o. W 0 10 ~ ~ << ~:E ~ ~~ UJ > t-- - a: 0 CJ)~ <t: Q N ~O ~ ~ . - <(> ~ .., 0 W Q Q) - X 0 :E 0 0 fD o o (If) OCf 3AO~E) r-- /" // / /' QI I I 10 o M Tn I ! A "a.Jt.~ II A" BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR THE PROPOSED CHERRY CROSSING, LOCATED AT THE NORT~STCORNEROF NORTH LINDER ROAD AND WEST CHERRY LANE, MERIDIAN, IDAHO BY: ALBERTSON'S, INC. APPLICANT C/C 08/21/01 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-OI-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming 011 regularly for public hearing before the City COll11Cil on August 21, 2001, alld Shari Stiles, Planni11g alld Zoning Adlni11istrator, appeared and testified, and appearing on behalf of the Applica11t were: Sarah Schaefer and Craig Slocum, and no one appeared in opposition, and the City Council having received a report from David MclGnnon, Planner for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-OIO) 1 ( the "PRELIMINARY PLAT OF CHERRY CORSSINGS, A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, DRAWING PILE NAME: 00237TPl.DWG, PROJECT NO. 00- 237, DESIGNED BY: GNA, DRAWN BY: LHIC, PLOT DATE: 07/18/01, SHEET 1, REVISED PARCELS DATE: 7/12/01 BY: CMM, ANDERSON-DAVID & ASSOCIATES, INC., ENGINEERS, IDG PROPERTIES, L.L.C, OWNER", 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 mal(es the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of tIle 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 Low Density Residel1tial District (R-4) and Neighborhood Business District CC-N), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C and H] 2. The preliminary plat is in conforlnance with the Comprehensive Plan FINDINGS OF PACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-01-010) 2 City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urball Services can be made available to accommodate the proposed development if the plat complies with the requirements a11d conditions hereinafter set forth as conditions of preliluinary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance "With the conditions and as proposed, will not create health, safety or environmental problelns and there have been no specifics of any such concerns brought to the Cou11cil's attention. 6. It is found that the Recolnmendation To City Council of the Planning and Zoning Commission is reasonable al1d appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval dra"Wing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF CHERRY CORSSINGS, A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-OI0) 3 ( MERIDIAN, ADA COUNTY, IDAHO, DRAWING FILE NAME: 00237TPl.DWG, PROJECT NO. 00-237, DESIGNED BY: GNA, DRAWN BY: LHI(, PLOT DATE: 07/18/01, SHEET 1, REVISED PARCELS DATE: 7/12/01 BY: CMM, ANDERSON-DAVID & ASSOCIATES, INC., ENGINEERS, IDG PROPERTIES, L.L.C, OWNER". 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 I. The Preliminary Plat of the applicant as evide11ced by "PRELIMINARY PLAT OF CHERRY CORSSINGS, A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, DRAWING FILE NAME: 00237TPl.DWG, PROJECT NO. 00-237, DESIGNED BY: GNA, DRAWN BY: LHI(, PLOT DATE: 07/18/01, SHEET 1, REVISED PARCELS DATE: 7/12/01 BY: CMM, ANDERSON-DAVID &ASSOCIATES, INC., ENGINEERS, IDG PROPERTIES, L.L.C, OWNER" is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Admi11istrator and Assistant City Engineer Recomlnendations as follows: 1. Sanitary sewer service to this site shall be via extensions from existing mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-010) 4 ( \ Sewer manholes are to be provided to l(eep the sewer lines on the south and west sides of the centerline. 2. Water service to this site shall be via extensions from existing mains adjacent to the proposed development. Applicant shall be responsible to construct the water mai11S to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Department. Applicant to provide the Public W orl(s Department with inforlnation on anticipated fire flow and domestic water requirelnents for the proposed site. Water service to the development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 3. Two-hundred-fiftyand IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public W orl(s Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hool(-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 shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the priluary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 5. The minimum residential house size (I, 400 SF, excluding garage) shall be added to the Final Plat prior to approval. 6. Perimeter fencing shall be installed prior to application for building permits. 7. 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 systeln, pla11s and specifications for the irrigation system shall be reviewed by the Public W orl(s Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation FINDINGS OF PACT AND CONCLUSIONS OP LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-OIO) 5 systelTIS 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. Additionally, the irrigation system for all landscaped areas shall be approved. 8. Subluit detailed fencing plalls for review and approval with submittal of the final Plat. All required fencing is to be in place prior to issuance of building permits. A letter of credit or cash shall be required for these fences prior to signature on the final plat. 9. The following landscape buffers shall be recorded on the Final Plat as permanent landscape easelnents: the 25 foot landscape buffer on Parcel # 1 adjacent to Cherry Lane, the 25 foot wide buffer on Parcels # I a11d #2 adjacent to Linder Road, the 25 foot wide buffer on Parcels #2 and 3 adjacent to the new residential road and the 25 foot wide buffer between land uses west of parcels # 1 and #2. The landscaping within the easelnents shall be Inaintained by the shopping center jointly. 10. The residential common lots shall be owned and maintained by the Homeowner's Association. II. Provide the City of Meridian with a status report of the sampling/groundwater contalnination prese11ts on the project site. 12. The hours of business operation shall be Monday through Saturday, between 8:00 a.m. to 10p.m., and Sunday between 9:00 a.m. to 9:00 p.m., with gasoline service open 24 hours a day- everyday. Adopt the Recommendations and Special Recolumendation of the Ada County Highway District as follows: 13. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or executio11 of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair market value of the right-of- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-OIO) 6 way dedicated which is all addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breal<ing ground, in accordance "With Section 15 of ACHD Ordinance # 193. 15. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387 -6280 (with file l1umbers) for details. 16. Replace unused curb cuts on Cherry Lane and Linder Road with stalldard curb, gutter and concrete sidewall< to match existing improvements. 17. Replace any damaged curb, gutter and/or sidewall( on Cherry Lane and Linder Road "With new curb, gutter and/or concrete sidewall( to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387 -6280 (with file number) for details. 18. Construct a right-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 19. COllstruct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposed. 20. Construct a right-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site lnedian, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 21. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. 22. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-OI0) 7 23. The driveway on Emerald Falls Drive located approximately ISO-feet west of Linder Road is approved with this application. 24. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet illto the site beyond the edge of pavement of Cherry Lane and Linder Road with IS-foot curb radii. The width of the right-in!right-out driveways can be wider to accommodate the on-site median. 25. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 26. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane shall be constructed to provide a minimum of lOO-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) 27. Extend Emerald Falls Drive into the site at the west property line as proposed. 28. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 29. Construct an ACHD approval turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 30. Construct a portion of Emerald Falls Drive as a 10caVcommercial street extending from Linder Road to the west approximately ISO-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewall(. 31. Unless otherwise approved, the applicant shall be required to construct all public roads withi11 the subdivision as 36-foot street sections with . curb, gutter, and 5-foot wide concrete sidewall(s within 50-feet of right- of-way. 32. Construct the turnarounds to provide a minimUlTI turning radius of 45- feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-OIO) 8 be constructed a miniIl1Uln of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the nledian. 33. 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 shall be required on the final plat. 34. Provide 1 DO-feet of stacldng distance from any drive-thru windows to the public roadway system. 35. Any existing irrigation facilities shall be relocated outside of the right-of- way. 36. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 37. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. 38. In order to reduce trips to and from the 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 shall coordinate the Alternative Transportation Program with the applicant. 39. In order to reduce trips to and froIn the development, the tellants occupying the proposed building(s) shall be required to participate i11 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. 40. Additionally, Applicant shall cOlnply with all of ACHD's Requirements within their June 13, 2001 Development Application Report. Adopt the Recomlnendations of the Sanitary Service Company as follows: 41. Enlarge the enclosure widths to 12-feet. FINDINGS OF PACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-01-010) 9 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 42. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the N ampa & Meridian Irrigation District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805. Irrigation water shall be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of the Central District Health Department as follows: 43. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 44. Run-off shall not create a mosquito breeding problem. 45. It is recommended 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. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater al1d surface water degradation. Manuals that could be used for guidance are: 45.1 State of Idaho Catalog of Stonnwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 45.2 Stornzwater Best Management Practices Guidebook. Prepared by City of Boise Public W orl(s Departluent, May 2000. Adopt the Recommendations of the Meridian Fire Departluellt as follows: 46. All codes shall be met, including fire hydrants, water supply, and the fire sprinlder systems. Conunon lots shall be l(ept clear of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-01-010) 10 trash and weeds. Additionally, the Applicant shall comply with the requirements of the City Council from their August 21, 2001 meeting as follows: 47. The construction, landscaping and maintenance of Lots 1 and 12 of Block 1, the round traffic calming device at North I<astle Falls Avenue, and Lot 1 of Blocl( 5 shall be the responsibility of the owners of Lots 2,3,4,6,7,8,9,10 and II of Blocl( 1, and Lots 2,3,4,5,6, and 7 of Blocl( 5. This maintenance requirement will be deelned met if the I<astle Falls Subdivision accepts Blocl(s 1 and 5 into the HOlneowner's Association for said subdivision, and, said Association assumes maintenance responsibility. 48, The construction, landscaping and maintenance required for Lot 5 of Blocl( 1, and Lot I of Blocl( 5, shall be the responsibility of the owners of Blocks 2,3 and 4 of the subdivision. Said areas are the buffered common areas between the residential lots and West Cherry Lane and North Linder Road. 49. The owners of Blocl(s 2,3, and 4 are responsible for the construction, landscaping, and Inailltenance of the interior landscape requirements within said blocl(s. By action of the City Council at its regular meeting held on the 4-f!i day of ~)eof-.cIYv~ ,2001. I ROLL CALL COUNCILMAN ANDERSON VOTED 1l6Je~-t- COUNCILMAN BIRD VOTED ~.eA- COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-OI-0I0) II ( MAYOR ROBERT D. CORRIE (TIE BREAI:ID9 ~ 4-- tJ ( VOTED~tL.- BY:~~~~ f( City Clerl( Copy served upon Applicant, The Planning and Zoning Department, Public W orl(s Department and City Attorney. . ,\\,,~\:,,~~.,.~'*!t't.I.~.1~~:?11'h ..:::\~ ...:1, .~ .~,j{e}~rs:1~ - Y./l;;+ ....> ~ '" ~-." <~-~1!."!i ~~:. '" r ~ . ....~ loo't~ >-A-~' ~ ~.i 09PO:M h' T :~V' $ -<iv 1 1G~4) 4t 9~4--tJ I f ~~m ~ '" . '. Dated: :: ~~<.f~L..~ \ .,Y~ .l;,:f'., J .,. ~ '--~~ ';~ . <>,. /.r").~ r'~ ~ '<) '-..""'''" t'~/I '1 S "/ ..;~'-,:,V ". ~'.. .....~t. ,...~'- '~'\.".~...-"'"- -.or.... :\"..... .:' .;:: "//~.Cf'~'t~, 'c'~"~" -\) ~'.' ~ ,.''':t i'I,; / ;:~o~~ :A.'1: ~' ~~.:;l ,;~,'~ )~\ >: ' Z:\W ork\JY1\Meridian\Meridian I 5360MWbertson,Inc. PPO I ~O 1 0 CUPO 1-0 16\FfCIsOrdPP .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY CROSSING / (PP-01-010) 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08-21-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR CHERRY ) CROSSING IN THE C-N ZONE ) A SA V-ON DRUG STORE WITH ) A DRIVE-THRU PHARMACY ) AND FUEL PUMPS AND TWO ) OTHER PADS (OFFICEIRETAlL ) & FAST FOOD) AND FOR THE ) R-4 ZONE RESIDENTIAL ) DWELLINGS, LOCATED AT ) THENORT~STCORNER ) OF CHERRY LANE AND ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) ALBERTSON'S, INC. /CSHQA, ) APPLICANT ) ) Case No. CUP-OI-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditiollal use pernlit application having come before the City COU11Cil on August 21, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared a11d testified, and appearing and testifying on behalf of the Applicant was: Sarah Schaefer and Craig Slocum, and the City Council having duly considered the evidence and the record in this matter and the Recommendations FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 ( to City Council issued by the Planning and Zoning Commission who c011ducted a public hearing and the Council having heard and tal(en oral and written testimony, and having duly considered the matter, the City Council hereby mal(es the follo"Wing 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 weel(s prior to the said public hearing scheduled for August 21, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hU11dred feet (300') of the external boundaries of the property under consideration more tha11 fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideratioll more than one weel( 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 August 21, 200 I, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express COlTIlnents and SUbluit evidence. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 ( forth in Idaho Code 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. 3. This proposed developme11t request is in an C-N and R-4 zones and 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 northwest corner of Cherry Lane and Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is IDG PROPERTIES, L.L.C. of 1939 South 300 West, Salt Lake City, Utah. 6. Applicant is Albertson's, Inc. of 250 S. 5th Street, Boise, Idaho. 7. The subject property is currently zoned C-N and R-4. The zoning districts of C-N and R-4 are defined withi11 the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for the C-N zone a Sav-On Drug store "With a drive-thru pharmacy and fuel pumps and two other pads (office/retail and fast food). The C-N and R-4 zoning designations within the City of Meridian Zoning and Developmellt Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 ( (Meridian City Zoning and Developlnent Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian COluprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. The Meridian City Council takes judicial notice of its Zoning, Subdivision 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 COlnment 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 withi11 the planning jurisdiction of the City of Meridian subject to the following: Adopt the Planning and Zoning Administrator and Engineering Technician III Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 I. Landscaping shall be i11stalled as submitted and in accordance to the Landscape Ordinance. 2. A six (6) foot-tall masonry fence shall be located along the property line separating the commercial and residential properties located on the western side of the subdivision. 3. The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to COll1ply with t11e Sign Ordinance. 4. Sanitary sewer service to this site is being proposed via extensions frol11 an existing main in the lCastle Falls Development. The depth of the existing stub into N. Gold Falls Place shall not provide service within the City of Meridian's design standards for minimum cover and pipe slopes. Design modifications shall be necessary to meet standards. Additional manholes shall be required on the main traversing the site in order to provide points where segregated sampling could be tal(en. 5 . Water service to this site shall be via extensions from existing mains adjacent to the proposed site. 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 W orl(s Department. Provide the Public W orl(s Department with information 011 anticipated fire flow and domestic water requirelllents for the proposed site. Flow a11d pressure from the existing mains shall be lllonitored with the Meridian Water Departmellt. 6. Parldng shall be only for short-term parldng for patrons of the comlnercial establishment, and not for overnight use. 7. The hours of business operation shall be Monday through Saturday, between 8:00 a.m. to 10:00 p.lU., and Sunday between 9:00 a.m. to 9:00 p.m., with gasoline service open 24 hours a day-everyday. 8. Applicant shall be required to install volume limiting devices or alternative speal(er systems (e.g., telephone systems) for the drive- through facilities in lieu of typical noise-generating systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 ( 9. The applicant shall provide additional landscaping north of the proposed drive-in restaurant. The additional landscaping shall help retain any garbage generated by the restaurant and to eliminate the intrusion of the headlights of cars exiting the restaurant. 10. Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance as provided on the submitted site plan. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Ma11agement Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Departme11t of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illulnination of the adjoi11ing roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All construction shall conforln to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to cOlnply with any of the terlTIS of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations and Special Recommendation of the Ada County Highway District as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair marl(et value of the right-of- way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee adlninistrator prior to breal<.ing ground, i11 accordance with Section 15 of ACHD Ordinance # 193. 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 19. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewall( to match existing improvements. 20. Replace any damaged curb, gutter and/or sidewall( on Cherry Lane and Lillder Road "With new curb, gutter and/or concrete sidewall( to match existing improvelnents. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at. 387 -6280 (with file nUlnber) for details. 21. Construct a right-in/right-out dliveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, .to District staff for review and approval. 22. Construct a full access driveway on Cherry Lane located approximately 470-feet west of- Linder Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANn ORDER GRANTING CONDITIONAL USE PERMIT - 7 23. Construct a right-irvright-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Sublnit a design of the island, and a signage plan, to District staff for review and approval. 24. The Emerald Falls Drive/Linder Road intersection located 48S-feet north of Cherry Lane is approved with this application. 25. Construct a center turIl lane on Linder Road for the Linder RoadlEmerald Falls Drive intersection. Construct the turn lane to provide a minimum of I DO-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 26. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road -is approved with this application. 27. Pave the driveways their full width of 30 to 3S-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with IS-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 28. Provide a recorded cross access easement for the parcels within the subdivisiorl to utilize for access to the public streets. 29. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) 30. Extend Emerald Falls Drive into the site at the west property line as proposed. 31. Extend Emerald Falls Court into the site at the l10rth property line and end it in a cul-de-sac as proposed. 32. Construct an ACHD approval turnaround at the end of Emerald Falls FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Drive. Submit a design of the turnaround for review and approval by District staff. 33. Construct a portion of Emerald Falls Drive as a locaVcommercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewall(. 34. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewall(s within 50-feet of right- of-way. 35. Construct the turnarounds to provide a minimum turning radius of 45- feet. Provide a minimUln of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 36. 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 shall be required on the final plat. 37. Provide 100-feet of stacldng distance frOlTI any drive-thru windows to the public roadway systelu. 38. Any existing irrigation facilities shall be relocated outside of the right-of- way. 39. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 40. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. 41. In order to reduce trips to and frolll the development it is recommended that tenants occupying the proposed building be required to provide an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Cornmuteride staff shall coordinate the Alternative Transportation Program with the applicant. 42. In order to reduce trips to and from the development, the tenants occupying the proposed building( s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is forlned with a boundary that includes this site or is adjacent to this development. 43. Additionally, Applicant shall comply with all of ACHD's Requirements within their June 13,2001 Development Application Report. Adopt the Recommendations of the Sanitary Sewer Company as follows: 44. Enlarge the enclosure widths to 12-feet. Adopt the Recommendations of the Central District Health Department as follows: 45. Submit written approval from the appropriate entities, and sublnittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 46. Run-off shall not create a mosquito breeding problem. 47. It is recommended 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. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 47.1 State of Idaho Catalog of Stonnwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1 997. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 ( 47.2 Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the N ampa & Meridian Irrigation District as follows: 48. As long as all storIn drainage is retained on site and all private laterals and waste ways are protected, the project shall not impact the District. Additionally, the Applicant shall comply with the requirements of the City Council from their August 21, 200 I meeting as follows: 49. The construction, landscaping and maintenance of Lots I and 12 of Block I, the round traffic calming device at North lCastle Falls Avenue, and Lot I of Blocl( 5 shall be the responsibility of the owners of Lots 2,3,4,6,7,8,9,10 and II of Blocl( 1, and Lots 2,3,4,5,6 and 7 of Block 5. This maintenance requirement will be deemed met if the lCastle Falls Subdivision accepts Blocl(s 1 and 5 into the Homeowner's Association for said subdivision, and, said Association assumes maintenance responsibility. 50. The construction, landscaping and maintenance required for Lot 5 of Blocl( I, and Lot I of Blocl( 5, shall be the responsibility of the owners of Blocl(s 2,3 and 4 of the subdivision. Said areas are the buffered COlTIlTIOn areas between the residential lots and West Cherry Lane and North Linder Road. 51. The owners of Blocks 2,3 and 4 are respol1sible for the construction, landscaping, and maintenance of the interior landscape requirements within said blocks. 13. The proposed uses withil1 the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance, however, the Plan is currently under review and this area is being considered for some commercial designation, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ( \ which then would be harmonious because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 14. The uses proposed "Within the subject applicatio11 subject to the conditions herein ordered "Will be designed, constructed, operated and lnaintained to be harmonious and appropriate ill 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 existillg 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, equipl11ent 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 dalnage of natural or scenic feature of major ilnportance relating to the property. CONCLUSIONS OF LAW I. The City of Meridiall shall exercise the powers conferred upon it by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 "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. s67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the HAct" except the power to adopt ordinances by the establishlllent of a Plannillg and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City COllncil of the City of Meridia11 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 follo"Wing standards are met and that the proposed development: (Meridian City Code S 11-1 7 - 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 ( 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, smol(e, fumes, glare or odors; h. Willllot result in the destruction, loss or daluage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Low Density Residelltial District (R-4) and Neighborhood Business District (C-N), a public hearif).g 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 applications for land in Old Town and in industrial and commercial districts shall only be required to have one public heari11g 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 COlumissio11 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 11-1 7 -6 ) 7. Whell the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse ilnpact on other developluent; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 ( 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 the C-N zone a Sav-On Drug store with a drive-thru pharmacy and fuel pUlnps and two other pads (office/retail and fast food), located at the northwest corner of Cherry Lane and Linder Road, Meridia~, Idaho, subject to the following conditions of use a11d development, subject to the followi11g: Adopt the Planning and Zoning Administrator and Engineering Technician III Recommendations as follows: 1. Landscaping shall be installed as submitted and in accordance to the Landscape Ordinance. 2. A six (6) foot-tall masonry fence shall be located along the property line separating the commercial and residential properties located on the western side of the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 ( ( 3. The applicant shall apply for a Plallned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 4. Sanitary sewer service to this site is being proposed via extensions from an existing main in the l<astle Falls Development. The depth of the existing stub into N. Gold Falls Place shall not provide service within the City of Meridian's design standards for minimum cover and pipe slopes. Design lllodifications shall be necessary to meet standards. Additional manholes shall be required on the main traversing the site in order to provide points where segregated sampling could be taken. 5 . Water service to this site shall be via extensions from existing mains adjacent to the proposed site. 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 W orles Department. Provide the Public W orl(S Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be lnonitored with the Meridian Water Department. 6. Parking shall be only for short-term parldng for patrons of the cOlnmercial establishment, and not for overnight use. 7. The hours of business operation sllall be Monday through Saturday, between 8:00 a.m. to 10:00 p.m., and Sunday between 9:00 a.m. to 9:00 p.ll1., with gasoline service open 24 hours a day-everyday. 8. Applicant shall be required to install volume limiting devices or alternative speal(er systems (e.g., telephone systems) for the drive- through facilities in lieu of typical noise-generating systems. 9. The applicant shall provide additional landscaping north of the proposed drive-in restaurant. The additional landscaping shall help retain any garbage generated by the restaurant and to eliluinate the intrusion of the headlights of cars exiting the restaurant. 10. Off-street parlcing shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 7 (- on the submitted site plan. II. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and l1-I3-4.E. of the City of Meridian Zoning and Development Ordinallce and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A draillage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatlnent and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be designed and placed in such a manner as to elilninate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-I3-4.C. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shalllneet the requirements of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations and Special Recolnmendation of the Ada County Highway District as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Linder 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 other required permits), whichever occurs first. Allow up to 30 busilless days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair market value of the right-oE- way dedicated which is an addition to existing ACHD right-of-way if the owner sublnits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387 -6280 (with file numbers) for details. 19 e Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewall( to match existing improvements. 20. Replace any damaged curb, gutter and/or sidewall( on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewall( to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387 -6280 (with file number) for details. 21. Construct a right-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-i1vright-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 22. Construct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposede 23e Construct a right-in/right-out driveway on Linder Road located approxilnately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 24. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 25. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of IOO-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 26. The driveway on Emerald Falls Drive located approximately ISO-feet west of Linder Road is approved with this application. 27. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavemellt of Cherry Lane and Linder Road with IS-foot curb radii. The width of the right-in/right-out driveways can be wider to accomlTIodate the on-site median. 28. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 29. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane shall be constructed to provide a minimum of lOa-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) 30. Extend Elnerald Falls Drive into the site at the west property line as proposed. 31. Extend Eluerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 32. Construct an ACHD approval turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 33. Construct a portion of Emerald Falls Drive as a locaVcommercial street extending from Linder Road to the west approximately ISO-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewallc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND. ORDER GRANTING CONDITIONAL USE PERMIT - 20 34. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewall(s within 50-feet of right- of-way. 35. Construct the turnarounds to provide a minimum turning radius of 45- feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimUlll of 4-feet wide to total a minimUlTI of a 100- square foot area. Dedicate 54-feet of right-of-way pillS the additional width of the median. 36. Any proposed landscape islands/medians within the public right-oE-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Provide 100-feet of stacldng distance from any drive-thru windows to the public roadway system. 38. Any existing irrigation facilities shall be relocated outside of the right-oE- way. 39. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 40. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. 41. In order to reduce trips to and from the development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportatio11 Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. 42. In order to reduce trips to and from the developlnent, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is forllled with a boundary that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 includes this site or is adjacent to this development. 43. Additionally, Applicant shall comply with all of ACHD's Requirements within their June 13, 2001 Development Application Report. Adopt the Recollllnendations of the Sanitary Sewer Company as follows: 44. Elllarge the enclosure widths to 12-feet. Adopt the Recollllnendations of tIle Central District HealtIl Departlnent as follows: 45. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 46. Run-off shall not create a mosquito breeding problem. 47. It is recommended 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. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management systelTI that is preventing grou11dwater and surface water degradation. Manuals that could be used for guidance are: 47.1 State of Idaho Catalog of Stonnwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Divisio11 of Environmental Quality, July 1997. 47.2 Stonnwater Best Managernerlt Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 48. As long as all storm drai11age is retained on site and all private laterals and waste ways are protected, the project shall not impact the District. Additionally, the Applica11t shall comply with the requirements of the City Council from their August 21, 2001 lneeting as follows: 49. The construction, landscaping and maintenance of Lots 1 and 12 of Blocl( 1, the round traffic calluing device at North lCastle Falls Avenue, and Lot I of Blocl( 5 shall be the responsibility of the owners of Lots 2,3,4,6,7,8,9,10 and II of Blocl( I, and Lots 2,3,4,5,6 and 7 of Blocl( 5. This maintellance requirement will be deemed met if the l<astle Falls Subdivision accepts Blocl(s I and 5 into the Homeowner's Association for said subdivision, and, said Association assumes maintenallce responsibility. 50. The construction, landscaping and maintenance required for Lot 5 of Block I, and Lot I of Blocl( 5, shall be the responsibility of the owners of Blocl<s 2,3 and 4 of the subdivision. Said areas are the buffered COlnmon areas between the residential lots and West Cherry Lane and North Linder Road. 51. The owners of Blocl(s 2,3 and 4 are responsible for the construction, landscaping, and luaintenance of the interior landscape requirements within said blocl(s. 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 Clerl( FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 ( \ and then a copy served by the Clerl< UpOll the applicant, the Planning and Zoning Department, the Public Works Departlnent and any affected party requesting notice. NOTICE OF FINAL ACTION Please tal(e notice that this is a final action of the governing body of the City of Meridian, pllrsuant 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 approval may "Within twenty-eight (28) days after the date of this decision and order seel( 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 JefJlel'Yv'~ 200 1. , LjLIL ROLL CALL: COUNCILMAN RON ANDERSON VOTED 116~ COUNCILMAN ICEITH BIRD VOTED fP- COUNCILWOMAN TAMMY deWEERD VOTED ~1..- VOTED~ COUNCILWOMAN CHERIE McCANDLESS .----- MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: r--4--& I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANn ORDER GRANTING CONDITIONAL USE PERMIT - 24 MOTION: ~) APPROVEQ ~._--+ , DISAPPROVED: By:d~#~/9 City Clerl( ( Copy served upon Applicant, Planning and Zoning Department, Public ~(!-f~~l~';:_', "',. Department and the City Attorney. ,,:-:,'~--\ Or ''''. ,'~, """. ;::......' (} ;;;-o.~~,.~"", < ~), " >~;., ..... (" O. ,,$ "'"'1 ~ ,. :y.P , ~ 2' ,,";:..':..v ~ 1<:.,\ \~ ,. . Dated." t/J -4 -l) i .. fT:: r 1 - \' / · :: ~ ' . 4..\1..~ -J ~ 7. I"~ / ~ % "\ G~~~ I ~<~':/ .~. -';: ~ ~ ~ ,i,,;;'/TM ",~ ':..." n: ~, <;-I, ~ t.....,.......~~,/ ~,'to /:. '-/v~/,:" ~:~.~:? :!.:: t :\:~~\"\'" Z:\W ork\M\Meridian\Meridian 15360tvlWbertson,Inc. PPO 1-0 1 0 CUPO 1-0 16\FfClsCUPO 1-0 16.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 (- BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/21/0 1 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR CHERRY ) CROSSING IN THE C-N ZONE ) A SAY-ON DRUG STORE WITH ) A DRIVE-THRU PHARMACY ) AND FUEL PUMPS AND TWO ) OTHER PADS (OFFICEIRETAlL ) & FAST FOOD) AND FOR THE ) R-4 ZONE RESIDENTIAL ) DWELLINGS, LOCATED AT ) THE NORTHWEST CORNER ) OFCHERRY LANE AND ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) ALBERTSON'S INC./CSHQA, ) ) APPLICANT ) ) Case No. CUP-OI-016 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the 21 ST day of August, 2001, under the provisions of Meridian City Code S 11-1 7 -4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning COffilnission the Council tal(es the following action: ORDER CONDITIONAL USE PERMIT (CUP-OI-016) - 1 2. That the above named applicant is granted a cOl1ditional use perluit for planned unit development for lnixed use residential/commercial in an R-40 and C-G zones located at Franldin Road west of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Planning and Zoning Administrator and Engineering Technician III Recommendations as follows: I. Landscaping shall be installed as submitted and in accordance to the Landscape Ordinance. 2. A six (6 ) foot-tall masonry fence shall be located along the property line separating the cOffilnercial and residential properties located on the western side of the subdivision. 3. The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 4. Sanitary sewer service to this site is being proposed via extensions from an existing main in the l<astle Falls Development. The depth of the existing stub into N. Gold Falls Place shall not provide service within the City of Meridian1s design standards for miniluum cover and pipe slopes. Design modifications shall be necessary to meet standards. Additional manholes shall be required on the main traversing the site in order to provide points where segregated sampling could be tal(en. 5 . Water service to this site shall be via extensions froln existing mains adjacent to the proposed site. Applicant shall be responsible to construct the water lnains to and through this proposed developlue11t. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Department. Provide the Public W orl(s Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing lnains shall be monitored with the Meridian Water Department. 6. Parldng shall be only for short-term parldng for patrons of the ORDER CONDITIONAL USE PERMIT - 2 (CUP-OI-016) commercial establishment, and not for overnight use. 7. The hours of business operation shall be Monday through Saturday, between 8:00 a.m. to 10:00 p.m., and Sunday between 9:00 a.m. to 9:00 p.m., with gasoline service open 24 hours a day-everyday. 8. Applicant shall be required to install volume lilniting devices or alternative speal(er systelus (e.g., telephone systems) for the drive- through facilities in liell of typical noise-generating systelTIs. 9. The applicant shall provide additionalla11dscaping north of the proposed drive-in restaurant. The additional landscaping shall help retain any garbage generated by the restaurant and to eliminate the intrusion of the headlights of cars exiting the restaurant. 10. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance as provided on the submitted site plan. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer shall be required a11d shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatlnent and disposal shall be designed in accordance with Department of Environlnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be desigI1ed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. ORDER CONDITIONAL USE PERMIT (CUP-O 1-0 16) - 3 ( ( 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shall meet the requiren1ents of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the COllditional use permit. Adopt the Recommendations and Special Recolnmendation of the Ada County Highway District as follows: 17. Dedicate 48-feet of right-af-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair marl(et value of the right-of- way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section 15 of ACHD Ordinance # 193. 18. Utility street cuts in pavelnent less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387 -6280 (with file numbers) for details. 19. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing iluprovements. 20. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewall( to match existing improvements. Segme11ts to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387 -6280 (with file number) for details. 21. Construct a right-in!right-out driveway on Cherry Lane located approximately 220-feet west of Li11der Road, as proposed. Restrict the drivevvay to right-in!right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, ORDER CONDITIONAL USE PERMIT (CUP-OI-016) -4 ( to District staff for review and approval. 22. Construct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposed. 23. Construct a right-in/right-out driveway on Linder Road located approximately 28S-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an OIl-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 24. The Emerald Falls Drive/Linder Road intersection located 48S-feet north of Cherry Lane is approved with this application. 25. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of laO-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 26. The driveway on Emerald Falls Drive located approximately ISO-feet west of Linder Road is approved with this application. 27. Pave the driveways their full width of 30 to 3S-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with I5-foot curb radii. The width of the right-irvright-out driveways can be wider to accolnmodate the on-site median. 28. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 29. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane shall be constructed to provide a minimum of lOO-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirelnent - applicant proposing; and may eliminate.) 30. Extend Emerald Falls Drive into the site at the west property line as proposed. 31. Extend Emerald Falls Court into the site at the north property line and ORDER CONDITIONAL USE PERMIT (CUP-OI-016) - 5 end it in a cul-de-sac as proposed. 32. Construct an ACHD approval turnaround at the end of Elnerald Falls Drive. SUbluit a design of the turnaround for review and approval by District staff. 33. Construct a portion of Elnerald Falls Drive as a locaVcommercial street extending from Linder Road to the west approximately ISO-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewall(. 34. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right- of-way. 35. Construct the turnarounds to provide a minimum turning radius of 45- feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintai11ed by a homeowners association. Notes of this shall be required on the final plat. 37. Provide 100-feet of stacldng distance from any drive-thru windows to the public roadway system. 38. Any existing irrigation facilities shall be relocated outside of the right-of- way. 39. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 40. Other than the access points specifically approved with this applicatio11, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. 41. In order to reduce trips to and from the development it is recolnmended ORDER CONDITIONAL USE PERMIT (CUP-OI-016) - 6 that tenants occupying tIle proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. 42. In order to reduce trips to and from the development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Managelnent Orga11ization (TMO) that is formed with a boundary that il1cludes this site or is adjacent to this development. 43. Additionally, Applicant shall comply with all of ACHD's Requirements within their June 13,2001 Development Application Report. Adopt the Recommendations of the Sanitary Sewer Company as follows: 44. Enlarge the enclosure widths to 12-feet. Adopt the Recommendations of the Central District Health Department as follows: 45. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environluental Quality, the Applicant shall be approved for central sewage and central water. 46. Run-off shall not create a 1110Squito breeding problem. 47. It is recommended 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. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 47.1 State of Idaho Catalog of Stonnwater Best Management Practices For Idaho Cities al'zd Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. ORDER CONDITIONAL USE PERMIT (CUP-OI-016) .. 7 ( 47.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the N alnpa & Meridian Irrigation District as follows: 48.AB long as all storm drainage is retained on site and all private laterals and waste ways are protected, the project shall not impact the District. Additionally, the Applicant shall cOlnply with the requirements of the City Council from their August 21,2001 meeting as follows: 49. The construction, landscaping and maintenance of Lots 1 and 12 of Block I, the round traffic calming device at North I<4stle Falls Avenue, and Lot I of Block 5 shall be the responsibility of the owners of Lots 2,3,4,6,7,8,9,10 and II of Blocl( I, and Lots 2,3,4,5,6 and 7 of Blocl( 5. The maintenance requirement will be deemed met if the lCastle Falls Subdivision accepts Blocl(s 1 and 5 into the Homeowner's ABsociation for said subdivision, and, said ABsociation assumes lnaintenance responsibilty. 50. The construction, landscaping and maintenance required for Lot 5 of Blocl( 1, and Lot I of Block 5, shall be the responsibility of the owners of Blocl(s 2,3 and 4 of the subdivision. Said areas are the buffered common areas between the residential lots and West Cherry Lane and North Linder Road. 51. The owners of Blocks 2,3 and 4 are responsible for the construction, landscaping, and maintenance of the interior landscape requirements within said blocl(s. 3. The above conditions are concluded to be reasonable and the applicant shalllneet such requirements as a C011dition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not tra11sferable without complying with the provisions of Meridian City Code S 11-1 7 -8, ORDER CONDITIONAL USE PERMIT (CUP-OI-016) - 8 a copy of whicl1 is attached to this perlnit. By action of the City Council at its regular meeting held on the 4r.h day of cJef?km~ , 2001. / orrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and City Attorney. "\ \'< \ \ \. , , '..: ~ I' : :~',~r ,//, ~ I; , 11- /. ~ () 9 /l 0 ( j~"~~:;?~~~':;;'~:> By: /;;~P-/~ I; Dated: --~- ~"~ 0 \. City Clerk v ~.. ~~ . ,{:" 1 IJ",.; .........-....~. ~ .,">(~ /~: g Z:\Work\M\Meridian\Meridian 15360M\Baltic PlaceAZOl-008 PPOI-009 CUPOI-015\OrdertwoC~~~i'~~~~ y::;;/.~:?;;.,;,? '../; ~"~' i~ :~~ ~H..' '; :~~ : : \ ~.::~$: ORDER CONDITIONAL USE PERMIT (CUP-OI-OI6) - 9 RECEIVED AUG 3 1 2001 CITY OF MERIDIAN Memo To: Mayor and City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 08/31/01 Re: Proposed Agenda Items for September 4 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 4 City Council agenda, under Department Reports, for Council's consideration: 1) Well No. 22 Pumpina Facilities - Bid Resufts. We received bids. for Well No. 22 Pumping Facilities yesterday which will be located in the Bear Creek park. Riverside completed drilling of the well earlier this month (August). The bids are: ~ Inninger Construction (Boise) Riverside, Inc. (Panna) JC Constructors (Meridian) Guho Corporation (Eagle) $237,175.00 $238,899~OO $244,800.00 $260,698.36 Irminger Construction constructed Well Nos. 17, 18 and 19 in recent years and successfully completed those projects. They are currently constructing Well No. 21 at the water tower site also. Recommended Council Action: Award the contract for the Well No. 22 Pumping Facilities project to Irminger Construction, Inc. in the amount $237,175.00 and authorize the Mayor to sign and City Clerk to attest the contract Thank you for your consideration. Please contact me if you have any questions regarding this item. ftd From the desk of. . Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 watsonb@ci.meridianidus ~ " '- ~ "'~ \ ) ~ ~ ~t1 'tw ~~ ~ ~\)~ l- t) w .., o D:: D.. UJ w i=_ :Jm -:c ~Z' u. .- () C)+" zeo - or- 0.0 ::Eo :)N..... D.. - o N('i):!: N..... .00 Q::l Z g>O ...1<( ..J - W~ ~a.:(f.) ~O:-- 00- NM() (; z ~.-a:: f-ZW UWW Wo...Z -'0- OOe!) O::_Z o...mw _l ~ ~ ~ ~ ~ ~\ ~ ~ ~ ~ ') ~~' ~ \S) <'J ~ ~ \() '^ ~ \'.. '- t\ ~ ~ \ \ \ ') \'- "- ~ t'l\ .t ~ ;; ~ ~ ~ ~ ~ '" "> \ \ \ ~' ~~ :> ~ ~ ~ ~ ~~. '-t. ~ ~ '> ~ t~ \ \ \ ~ \~ en c: \.,j ~'- eo ::s '-J ~ f/'J ~ ~ c: 0 ~ ~ L: ,..-..... ~ l- e: ~\ ~ olJ Z -0 Q) ~~ :J +" Q) "0 COt;. e: +" "'C ~ Q) Q) as ...-.:E ~ E c.. 1If- e: ~<C Q) E 0 0) 0 ~ \.-. 0 "'0 +:; "tJ () .~ CO ~ Q) u ;: >. "t: :J ~ 0 Q) cr mE ~ .2 a. m ~ a=: ::s~ ~ >a 0 e 00 . . +-' <( D- c L.LL S j .i:: 0 0- :J co 16 +=- o~ 0 "'C (/)-0 m Q) c E (0.- ~ CI) Q) Om ~E c.c s.... c; ~ "'0 "'C 00) ~ CjJ "'C L. ._ o :J CO <( [LC/) c: ()(/) i...: . . Q) OI!S ~ I- "'C Q) Z "0 "0 "'0 :J i:ii +" Q) 0 e +" "'0 Q) Q) CO :e E a. 1if- e c( (1) E 0 0 C C> 0 "'0 +=- "'0 () ~ co iii Q) 0 3: >. -5 ~ "t: 0 Q) 0" ~E e a. 0) ~ e c::: 00 >a 0 '+" <( a... c: s....U- "C 0 0- ::s co co :.;::: o~ 0 U 00"'0 m Q) e E m.- en Q) Om ~E Q.c: s.... "'0 "0 00) ~ c..o "'C L. ._ o ::J CO <( 0...(1) c uw City of Meridian Public Works Dept. , ~~1 ~..~~ ;i- - ~.~~ y~ !ll~ >""r:~ ........... ~'I' ~4 .r;' , A t.,~ '.....",../ ; "~ . ~ -., 'i'1 J 1 J~L_~ ~> ' /!7l1~ C'l""n- "-k. 0 rl-~ .~! I - ,.q. }r r "" "- 0 r~:,>- - () ;.~' 'J ..:.'" 1;< . '~I 1;> It il;~~ ~~ r o uJ JJ.' ,JJ4d tA/' ~q~ A~J-,k 1 jPtf 6/ 7~-- :;p To: Mayor and City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 08/31/01 Re: Proposed Agenda Items for September 4 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 4 City Council agenda, under Department Reports, for Council's consideration: 1) Well No. 22 Pumpina Facilities - Bid Results. We received bids' for Well No. 22 Pumping Facilities yesterday which will be located in the Bear Creek park. Riverside completed drilling of the well earlier this month (August). The bids are: .. Inninger Construction (Boise) Riverside, Inc. (Panna) JC Constructors (Meridian) Guho Corporation (Eagle) $237,175.00 $238,899.00 $244,800.00 $260,698.36 Irminger Construction constructed Well Nos. 17, 18 and 19 in recent years and successfully completed those projects. They are currently constructing Well No. 21 at the water tower site also. Recommended Council Action: Award the contract for the Well No. 22 Pumping Facilities project to Irminger Construction, Inc. in the amount $237,175.00 and authorize the Mayor to sign and City Clerk to attest the contract Thank you for your consideration. Please contact me if you have any questions regarding this item. pd From the desk of. . . Page 1 1: 20 r.(Y).~ RECEIVED AUG 3 1 2001 Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridia.t\ Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 watsonb@cLmeridian.id.us City of Meridian City Clerk Office ( City of Meridian Public Works Dept. RE ('f E r~ rT';r v ~,' c. -~!11) Allt; 3 1 4'\, / ,-;. t$ <'1 . ,. ~.. f .llt.4YOIiS f ,- ,-,_ ' , CITy OF ~, -' .,' J,' l' ",C) 1':1 .1\1' . ......-Ct -.c hI J)1A1V M mo To: Mayor Corrie From:Gary D. Smith, PE CC: file Date: 08/31/01 Re: Central Valley Corporate Park - Irrigation Water Assessments Mayor: Attached is a copy of a letter I have sent to Bob Nahas, Central Valley Corporate Park developer, concerning fees that he and other lot owners in this subdivision have paid to the City of Meridian for irrigation water assessments_ In March of this year, the City Council approved an irrigation water assessment refund of $8500 to Mr. Nahas upon completion of his irrigation water well and its connection to this subdivision's pressure irrigation system and his disconnection from the City of Meridian's water system. Since the time of that approval, Mr. Nahas requested and we researched to see what other irrigation water assessments had been paid in this subdivision. The listing on the. attached letter shows those other payments_ In this regard, I am requesting that this matter be placed before the City Council again for review and decision of the request to increase the refund amount to $27,508 upon satisfactory completion of the irrigation well, the pump system, connection to the pressure irrigation system and disconnection from the City water system. If you have any questions or need additional information please let me know. From the desk of. . . Regards, RECEIVED AUG 3 '.1 2001 Gary D. Smith, FE Public Works Director Meridian Public Works Departrrent 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 City of Meridian City Clerk Office "GARY D. SMITH, P.E. Public Works-Director , ' CITY OF MERIDV(-: Ptf..... ..JIC WORKS I BUILDING DE~ ARTMENT M6YQg ROBERT D. CORRIE BRAD R. WATSON, P.E. City Engineer August 31, 2001 COUNCIL MEMBERS RON ANDERSON KEITH BIRD TAMMY DE WEERD CHERIE McCANDLESS Mr. Bob Nahas R."T. Nahas Company of Idaho 102 S.17th St., Suite 300 Boise, Idaho 83702 Re: Central Vallev Corporate Park Subdivision - Irrigation Assessments Dear Bob: As you -requested, we further researched our files for this subdivision, concerning payment of Irrigation assessment fees for use of city water, and found the following information: Owner A lica nt RT Nahas Location 800 S. Industry Wa 1100 S. Progress Ave. 707 United H erita e Ct. E 1 Stratford Park Micron BId s. ERU's 6 Home Depot 11 Amount Paid $4224.00 $7744.00 $7040.00 $8500.00 United Heritage 10 RT Nahas 17 Total Amount Paid = $27 .508.00 The City Council previously agreed to return $8500 at their March 20, 2001 meeting provided that the Irrigation well, pump and all appurtenances were completed and connected to your subdivision's pressure irrigation system. I will need to take this matter back to the Council since the total amount of money paid for irrigation assessments is much larger than what has been approved. Copies of the permit applications are enclosed for your information. I will have this matter placed on the next available Council agenda. -~-~ Gary D. Smith, PE Public Works Director Cc: file 660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642 Public Works (208) 898-5500 , , Building (208) 887-2211 Fa\~ (208) 887-1297 . \ .--.. \ Permit No: Conditions: OWNER/APPLlCANT------------------------PROPERTY LOCATION-----------------------. R.T. NAHAS COMPANY 800 INDUSTRY WAY S 8555 W. HACKAMORE DR. STE 200 BOISE, 10 83709 208/377-9193 T: Issued: 8/04/98 2183: BUILDING PERMIT s: Lot: 12 Block: 1 Long Legal: Sub : CENTRAL VALLEY CORP PARK Pare No: CONTRACTOR-----------------------------DESIGNER--------------------------------. K-2 CONSTRUCTION, INC. 8555 W. HACKAMORE STE 200 BOISE, 1D 83709 208/377-9139 , 000/000-0000 PROJECT INFO-------------------------------------------------------------------- prj Value: $1,276,453.00 SFD UNITS: 0 MFD UNITS: 0 prj Type: NEW . SFD SQ FT: 0 MFD SQ FT: Oce Type: COMMERCIAL Oce Group: Oce Load: COMMERCIAL: 39,726 Cnstr Type: INDUSTRIAL: 0 GARAGE: Land Use: PROJECr NOTES------------------------------------------------------------------. PERMIT $4066 - 150 APP FEE PROJECT FEES ASSESSMENT--------------------------------------------------------. Building Pennit $3,916.00 ACHD IMPACT $37,620.00 ---~..-...................--------- $0 . Q( Plan Check $2,643.00 RE-APPLlCATION $0.00 ----.-.....--.---~_..................,..... $0 . O( MOBILE HOME $0.00 .........~..........-~--........_-_..... $0.00 $O.O( FOUNDATION $0.00 -------'""""'......."....---- $0.00 $0 . O( WATER METER $550.00 ------_.--.....~...--~ $0.00 $0 . Q( WATER HOOKUP $8,448.00 - - -'~ - - - - - - - - - $0.00 ~~~~~~~~~~~~-~~~~~~~~~~_. ~~~~~-~~~~~--~~~~~~~~~~~~ WAT LATECOMERS $0.00 ------.---.--.......-- $0.00 TOTAL FEE: $62,657.01 SEWER HOOKUP $9,480.00 ---~---------- $0.00 AMT PArD: $62, 657 . O( SEW LATECOMERS $0.00 -------~----_........... $0.00 --~------------------_. IRES $0.00 ........................~~,......._........................... $0.00 BAL DUE: $0 . O~ ~~nJ ~ eQ.(/~ ~ <f/> 7C>~ QQ ec.cJ-. --=- 'i 4 "Zzf: 0.9. 7.-.'~---~. , . ...-........... J r \ lit; (0 (-~ . -- BUILDING PERMIT Issued: 7/09/98 Permit No: 21620 Conditions: OWNER/APPLlCANT------------------------PROPERTY LOCATION------------------------ HOME DEPOT 1100 PROGRESS AVE S MERIDIAN, ID 83000 208/000-0000 T: HOME DEPOT s: Lot: 19 Block: 2 Long Legal: Sub: CENTRAL VALLEY CORP. PARK Pare No: CONTRACTOR---------~-------------------DESIGNER--------------------------------- KREIZENBECK CONSTRUCTORS 300 W MYRTLE- BOISE, ID 83702 208/336-9500 , 000/000-0000 PROJECT INFO-----------------------------~-------------------------------------- prj Value: $2,' 800, 000 . 00 SFD UNITS: 0 MFD UNITS: 0 prj Type: NEW . SFD SQ FT: 0 MFD SQ FT: 0 Oce Type: COMMERCIAL Oce Grotip: Oce Load: COMMERCIAL: 129,305 Cnstr Type: INDUSTRIAL: 0 GARAGE: 0 Land Use: PROJECT NOTES------------------------------------------------------------------- PERMIT $8566 - 150 APP FEE ACHD IMPACT FEES PREPAID #98-1796 6/17/98 PROJECT FEES ASSESSMENT--------------------------------------------------------- Building Permit Plan Check MOBILE HOME FOUNDATION WATER METER WATER HOOKUP WAT LATECOMERS SEWER HOOKUP SEW LATECOMERS IRES $8,416.00 ACHD IMPACT $5,568.00 RE-APPLlCATION $0.00 -------------- $0.00 -------------- $1,100.00 -------------- $23,232.00 -------------- $0.00 -------------- $6,320.00 -------------- $0.00 -------------- $0.00 -------------- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0..00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ~~~--~~~-~~~~~-~~~~~~~~-~ ~~~~-~~~~~~~~~~~~~~~~~~~~ TOTAL FEE: AMT PAID: $44,636.00 $44,636.00 BAL DUE: $0.00 f Is \\ @ 1. 0"-\ · :- 1141{ . ~,. ( ~' 24 HOUR ' Y .J"';PECTION LINE A 887-1155 .-~~1t.. n City of Meridian, ~'.;~ng Department 660 E Wat". tower, Suite 200 Meridian 10 83642 PH 887-2211/ FAX 887-1297 Building Permit Permit Number: BP200Q-920 Page 1 of 1 Printed: 8/8/2001 Applicant United Heritage Insurance Parcel Number: PARC2000-850 Address: 707 United Heritage Ct. E. MERIDIAN, 10 83642 Addition: Cantaral Valley Corp. Lot(s): 17 Block: 4 Contractors General eM Co Inc Address: 431 W McGregor Dr Boise, Id 83705 Phone: 384-0800 FAX: , Fees and Receipts: Number FEE2000-13342 FEE200Q-13343 FEE2000-13344 FEE200Q-13345 FEE200Q-13346 FEE2000-13347 FEE2000-13348 Description ACHD Fees-Commercial Bldg Permit Credit-Commerical App Plan Check-Commercial (I' Sewer Assessment I Water Assessment Water Meter-2" Total Receipts: Amount $92,030.00 $15,784.75 ($150.00} 10,260.25 $23,700.00 $16,896.00 $1,100.00 $159.621.00 $159,621.00 $159,621.00 (~~ -~ Total Fees: RCPT2000-4297 Description Structure Use: Purpose: Construction Value: Floor A~as Living Space: Basement/Storage: _ _ ______Garage: ___ Conditions Date: 6/28/2000 Condition Description: Condition Comments: Commercial New $4, 155,000.00 Structure Area: Site Area: 42,430.00 Status: Approved RETURNED 7/13/00 Code: ASSESS AGREEMNT .., ID g iO'-f. _ CCf> /040. cd . \' '_?_'2._~:.~:..IIII'~)'~_-1; y -./ e A '~ -' BUILDING PERMIT Issued: 9/12/96 Permit No: 16976 Conditions: O~~~A~iii~------------------------PROPER~ L~~~~~~-~~-IJ^\~~~--~i~~ 1 BATES BLVD ORINDA, CA 94563 Lot: Block: Long Legal: 510/254-8800 Sub: T : S : Pare No: CONTRACTOR-----------------------------DESIGNER--------------------------------- PROPERTY OWNER WITHIN CITY LIMITS MERIDIAN, ID 83642 208/000-0000 , 000/000-0000 PROJECT INFO-------------------------------------------------------------------- prj Value: $0.00 8FD UNITS: 0 MFD UNITS: 0 prj Type: WATE~ & METER 8FD SQ FT: 0 MFD SQ FT: 0 ace Type: COMMERCIAL Oce Group: Dce Load: COMMERCIAL: 0 Cnstr Type: INDUSTRIAL: 0 GARAGE: 0 Land Use: PROJECT NOTES------------------------------------------------------------------- PROJECT FEES ASSESSMENT--------------------------------------------------------- Building Permit $0.00 ACHD IMPACT $0.00 -------------- $0.00 Plan Check $0.00 RE-APPLlCATION $0.00 -------------- $0.00 MOBILE HOME $0.00 -------------- $0.00 $0.00 FOUNDATION $0.00 -------------- $0.00 $0.00 R METER $2,200.00 -------------- $0.00 $0.00 ER HOC $8,50. ____!~_'_p_c.c-~R.o. $0.00 ========================= WAT LATECOMER . -------------- $0.00 TOTAL FEE: $10,700.00 SEWER HOOKUP $0.00 -------------- $0.00 AMT PAID: $10,700.00 SEW LATECOMERS $0.00 -------------- $0.00 ----------------------- IRES $0.00 -------------- $0.00 BAL DUE: $0.00 A~. l~q~ - "Feb. 2001 _I-~~-- - - ~ ~-- ---- - - --- ~ --- - --~-~~-~------ --- - -- - -- -- 1Y\e\e.( 52. 04Di --=- 40,000 tjc::.l>. :tl 5"2 .OgC\ l ::. \, ZZJt;coo <3a!~ · LA~'t>~APE AlLert- -~-~ ~~-~-- .~ ~- - ~ --~ ~ -- - q~/-O i,C; - r/J - - --. ( ( CITY OF MERIDIAN ORDINANCE NO. ~/- 92~ BY COUNCIL MEMBER: IJ1c (aH-dteD AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING SUBSECTION A I. OF SECTION 4 OF CHAPTER 8 OF TITLE I MERIDIAN CITY CODE TO INCREASE THE MAYORS SALARY TO $55,000.00 PER YEAR; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: That existing Subsection A 1. of Section 4 of Chapter 8 of Title 1 Meridian City Code be repealed and the following is substituted therefore and the same is hereby repealed and shall read as follows: 1-8-4: SALARIES: A. Elective Officers: 1. Mayor: The salary of the Mayor shall be onc thousand SU{ hundrcd sixt)y scyvycn dollars ($1,667.00) fifty-five thousand dollars ($55,000.00) per lnonth year, payable at $4,583.33 mOllthly. 2. Council: The salary of each luember of the Council shall be five hundred dollars ($500.00) dollars per month, payable monthly. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and aluended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. ORDINANCE MAYOR'S SALARY - 1 ( SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance tal(es effect. SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect January I, 2002, after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 411:- day of yp#lw~, 2001. . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of 3i;pf-efyv~ 2001. ATTEST: '-'i\\"\ 1l'tfH l[ ~ /1-11 ~\\ P\.J{:. I.",' . I" j ~ \."i '....J 'Vl wi12~~!<' /1" fI ~ ~;;;., :\' . f~~~'(<~.. :--. . / /, ~ - ~ A A "'_ ~ # .0. '-:tPfW~ h, '~(;" ~;,.~,;.., ~y/~ I.~ <0 \~ CITY CLERIC V"~ ~ ~ SEAL ~ ~ . ~ ~ \ ~ ~'~. ...!.~ ~ I z:\ W o rk\M\Meridian\Meridian 15360M\Ordinances Ci tftlaHS2QO . . .1:'\1'. s 1'1JrOfS'; I aryOrdO 8240 1. doc ~f.(4!~ ,{;OtJt:J:;f'{ ""\.~:" 4'lj , Y .~ "'4'; \\.....'\ }:t~';i~!qU \*~./~~ ORDINANCE MAYOR'S SALARY - 2 Date NIonday, July 9 \l/ ednesday, .~ugust 8 Friday, September 7 Friday, September 7 Friday, September 7 Saturday, September 15 Saturday, September 22 Thursday, September 27 AnyOcrober City Council meetIng Friday, October 12 Tuesday, October 16 Monday, October22 ~ 1onday, , ..)ctober 22 . AppendIX 1 { ( \ City Election Calendar for November 6, 2001 Event/ Action Last day for the adoption of an ordinance to provide for numbered Council seats or districts,for cities choosing to est4blish Council seats or districts. (" ...at least 120 days prior to the next general election... ") Last day for choosing a method of implementation of electing Council seats or districts, fOr cities choosing to est4blish Council seats or districts. (" ...not less than 90 days before the next general election...") Last day fo r pub lishing an 0 rdinance to change salaries fo r the Mayo r 0 r Council, fOr cities choosing to change elected official salaries. (". ..at least 60 days before any general city election... ") First day for candidates to flie petitions of nomination. (" ...not more than 60 or less than 40 days, including Sundays and ho lidays, immediately preceding election day. ") First day to file an application with City Clerk for absentee ballot. (" ...nor earlier than 60 days before the election. ") Last day for City Council to designate a suitable polling place for each election pre- cinct. (...no later than September 15 in a general election year... ") Last day for first publication or posting of notice of election, polling places and polling hours. ("The fIrst publication of notice of election shall be made not less than 45 days priorto the election.") Last day for candidates to file petitions of nomination. (" ...not more thaD. 60 or less than 40 days, including Sundays and holidays, immediately preceding election day.") City Council to designate ElectionJudges and Clerks. City Clerk must notify those appointed within five days following appointment. (" ...at a regular meeting in the month preceding an election... ") Last day to register to vote, before the day of the election when the opponunity to register is available again. ("... within 24 days preceding any election... ") Last day to fmalize ballot preparation. ("The ballot for each election shall be prepared not less than 21 days prior to the date of election...") Last day for second publication or posting of election notice. ("The last publication of notice shall be made not less than 15 days priorto the election.") Last day to print sample ballot which must be available at City Clerk I s office. ("The city clerk shall cause to be printed not less than 15 days before the elec- . ") tlon... May 200 1 Idaho Code 50-707 ; 50-707 A 50-707 A 50-203 50-432 50-443 50-408 50-436 50-432 50-409 34-408 50-439 50-436 50-440 laano :statutes .1 ae~ .1 V.l .1 ( . Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 2 GENERAL PROVISIONS -- GOVERNMENT -- TERRITORY 50-203. OFFICIALS -- COMPENSATION. The officials of each city shall consist of a mayor and either four (4) or six (6) councilmen whose compensation shall be fixed by ordinance passed at least sixty (60) days before any general city election, which ordinance shall be effective for all said officials commencing on January 1 following said election and continuing until changed pursuant to this section. The Idaho Code i. ...de avai.lab1. on 'the Internet by the Idaho Le9'.i.lature aa a public eervic.. This Internet version o~ the I:daho Code may not be ueed fo.r cOJlUllercial puz:poeelJ I nor aay this databa.. be publi.hed o~ repackao-d for comaercial .al. without expr... written ~..ion. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. ~ 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho 's copyright. http://www3.state.id.uslcgi-binlnewidst?sctid=500020003 .K 8/28/01 ( ~~ RECORDED-REQUEST ADA COUtlTY RECOROEROJr ,-f. DAVID t~AVARRO ~ Rn!S~, IDAHO fo FEE C/ DEPUT ZOOI SP -6 PM 1: 34 fo I 0 I 092 I 2 3 CITY OF MERIDIAN ORDINANCE NO. 01- 926 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE IeNOWN AS HARI('S CORNER THE LOCATION OF WHICH 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 COMMUNITY BUSINESS DISTRICT (C-C); 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 I. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, a11d that the City of Meridian has received a written reqllest for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: All of Lots 1 through 5 Van Hees Subdivision And A portion of Franklin and Linder Road Rights-of- Way ANNEXATION AND ZONING ORDINANCE (AZ-OI-007) - 1 ( situated in the East ~ of the East Y2 of the NE Y4 Section 14, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho A parcel of land being all oflot8 1 through 5, Van Hees Subdivision and a portion of Franklin and Linder Road rights-of-way, situated in the East Yz of the East ~ of the Northeast 14, Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 12 of Plats at page 688, and more particularly described as follows: Beginning at a brass cap marking the Northeast comer of Section 14, Township 3 North, Range 1 West, Boise Meridian, from which an iron pin monumenting the Southeast comer of the Northeast Quarter of said Section 14, bears South 00033'08" West 2657.42 feet; thence along the Easterly boundary of said Section 14, said Easterly boundary also being the centerline of Linder road, South 00033 '08" West 296.00 feet to a point; thence leaving said boundary and centerline, North 89013'17" West 664.52 feet to a point; thence North 00033' 43" East 296.00 feet to a point on the Northerly boundary of said Section 14, said Northerly boundary also being the centerline of Franklin Road; thence along said Northerly boundary and centerline of Franklin Road, South 89013' 17" East 664.47 feet to the Point of Beginning, comprising 4.515 acres more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. 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 Meridian hereinabove described shall be zoned Community Business District (C-C) . ANNEXATION AND ZONING ORDINANCE (AZ-OI-007) - 2 (- SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zOlling designation set forth in Section 3 of this ordi11ance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the /7./j:, day of ~kjl- ,200(, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordillance shall be in full force aIld effect frOIn and after its passage, approval and publication, according to law. SECTION 8: The Clerl( of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, dilly 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 Comluission of the State of Idaho, all ill compliance with Idaho Code s63-2215 and s50-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-007) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 41f:... day of ~j7#hz,Pt-v?2001. APPROVED BY TJIE NIAYOR OF THE CITY OF MERIDIAN, IDAHO, this 4#::: day of Ji/JRh7IJW, 2001. I f) ANNEXATION AND ZONING ORDINANCE (AZ-OI-007) - 4 ( STATE OF IDAHO,) ss. County of Ada. ) On this 'fit.. day of .5 -ep~ e M ~ 't-Y , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Imown to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged 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) t' .."l....., ~~,..~C~ L 84t:#.f#,##: .... .( ,\:,.J' #. ~.. ~ ... .... ~ l'. './" ')... ~... ~ 'r'''' .- e. .r~;J. ~ $ 'a ..e .t'Je '1:.;' ~ = 1...\ 0 T A/( J o. :. .. . ~ .. : * : ..... : * : : ~ /- : ; \ PUB\..\C. i ~ f.P e. .. 0 ~ ~ '.)>> '-. ......~ ~ '..# <<J:r ........ ~''" ~.." ##.,., "Ii 0 F \~ .,..,.... '....... .....,.' Y PUBLIC FOR IDAHO 51 ING AT: MeriJ;a. ~ COMMISSION EXPIRES:~07 ANNEXATION AND ZONING ORDINANCE (AZ-OI-007) - 5 / ~ 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 Clerl(, of the City of Meridian, Ada Coun~, State of Idaho, do hereby certify that the attached copy of Ordinance NO~ '12- 6 passed by the City Council of the City of Meridian, on the # day of ~ 2001, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerl( of the City of Meridian. <plt\U:nttflt:t ~ .#;.\ . (If ME~:f~.I~... ~~... ~~\- I ~~. \ = SEAL ~ l ~ ~ J '\~_'\ ~ s6't · .p ~~ y~ ~. .. ()~ ~~ ~-k... w~ ....;r4'i;'l ~-.. ~~w~*\\~\ STATE OF IDAHO, ss. County of Ada, On this q..J.l, day of 5t"J>~" b-el' ,in the year 2001, before me, '- )tA'^-~ (e L, SM.,+l , 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. (SEAL) ,t' ........,.. ..~.."..' C~ L, S .l~.##~ ~.. ..;;.."'\). ....... ~".T"'"" ~## ~ "".. -. or;;:I.. 4'- ':' ~ ... .....,-..,. \ ~ : -\OTAl( L. e. :. . ~ ~ ~.. : * : ...... : * : . . . . .. C - · \ ,. PVBL\ : : -:, ~ e. ~ ~ ~ ~ .~'" ..- tI..'\..C ~ #,# <t</ I' ;,....lit.... ~".... ~..... #",f'*~ Ei 0 F \ \> ,,~.,.., '............",. Public for Idaho ission Expires: t; C/ bo Itn I I CERTIFICATION OF THE CITY CLERK OF THE CITY OF Jv1ERIDIAN - (AZ-OI-007) ~ ~I ~o OUJ Q..i:Q ~ O'M }1HONI1 S ( . . mLM~~ ~ RECORDEO-REQUEpjT OF .~Dt\ COUNTY RECORDERCitf...... . . J. ~~VdQ NAVARRO ~- ,~LL..t.IOAHO FEE .DEPUTY. ZOOI Sf -6 PH I: 34 ~fr-i 0 I 092 I I 9-' CITY OF MERIDIAN ORDINANCE NO. 01- 927 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<NOWN AS MACAILE MEADOWS SUBDIVISION THE LOCATION OF WHICH 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); 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 follo"Wing described land is contiguous and adjacent to the City of Meridia11, 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 SW 1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-OI-005) - 1 (' ( Commencing at the 1/4 section corner common to Sections 9 and 10 of said T. 3N., R. IE., Thence North 89021' 21 " West along the East-West Inid -section line of said Section 9, 1342.28 feet to the center-east 1/16th section comer of said Section 9, said point also being the southerly lTIOst corner common to Westdale Park Subdivision and Westdale Park Subdivision No.2, as same are shown on the plats thereof recorded in Bool( 63 of Plats at Page 6301 and Bool( 68 of Plats at page 6978 respectively, of Ada County Records; Thence North 0030'24" East on the 1/16th section line and the common boundary of said Westdale Pari, Subdivision, 394.70 feet to the northerly most corner COffiluon to said Westdale Park Subdivisions, said point being the REAL POINT OF BEGINNING; Thence North 89021 '21 " West on the northerly boundary of said Westdale Park Subdivision No.2, 1340.35 feet to a point on the North-South mid-section line of said Section 9, said point also being on the easterly boundary of Crossroads Subdivision No.7, as same is shown on the Plat thereof recorded in Bool( 77 of Plats at Page 8114 of Ada County Records; Thence North 0047' 11" East on said North-South mid-section line and 011 the easterly boundary of said Crossroads Subdivision No.7, and also a portion of Crossroads Subdivision No.6, as same is shown on the plat thereof recorded in Bool( 76 of Plats at Page 7941 of Ada County Records, 930.55 feet to the center-north 1/16th section corner of said Section 9; Thence South 89022' 16" East on the northerly boundary of said SW V4 of the NE 1/4, 1335.81 feet to the north-east 1/1 6th section corner of said Section 9; Thence South 0030'24" West 011 the easterly boundary of said SW 1/4 of the NE 1/4, 930.91 feet to the real point of beginning. Containing 28.59 acres, luore 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. ANNEXATION AND ZONING ORDINANCE (AZ-OI-005) - 2 ( SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). 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 officiallnaps depicting the boundaries of the City of Meridian in accordance with this ordillance. SECTION 5: The zonillg designation set forth in Section 3 of this ordinallce is subject to the tenns and conditions of that certain Development Agreelnent by and between the City of Meridian and the owner of the land described in Section 1 dated the :5 ~ day of /In-~~../- ,Z tJ 0 I , and that the uses are to be developed under the v single-family residential developlnent process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordi11allce shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The ClerIc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordina11ce and a map prepared in a draftslnan manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the Count)?' of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor ANNEXATION AND ZONING ORDINANCE (AZ-Ol-Q05) - 3 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. A,~ PASSpD ~y THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~Je'pkll./bv , 2001. APPROY,ED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 10 day of JejJ~ , 2001. , .. \ , \ \ \ ;, t.l { t't !:! ! I " f / j J .\ \ \. .,-..;;:. ~ -l:t:~..~:";" '.../l.... ,). ( \..,.;-"'I1fl;~~ ,~,~;o'", .>!~. , "'. ~ 1/"-'0" ~ . ,", '''po 0 ... "'~A '<//. ,........... r"'-;. _aPQQA r~)of t;r ~/ ..... v Vi 'orth ".'.J ...~' . ~c; ~ ";:,,- ........~ v.... l( \ ~~,'3 !~L .~ .. , 0 '"Sr.'.- '., "'''t.. . - ::$.Y J;,:..:l..~ . ':: ~ -;y /:~~ %; / \ ~. , 0 ,,;~J t") _,,::' ,.,. I1IJIIi:!I '- v( 0 0 ' " "'- ~ T./,' ",...:':;.' r 1 i";-1' t .. :J~ .: ....../..... v..~~-: '-<.':'-"~~ ~..;'" .;:'i- r. 'J"r:'^t ~v . ':~~~ < ,""oO~:r~. '\( ~ l".\~<:' .- ~ ~.>i.: ;'~.~ ; :'>;~; ~.: ;'i. ~t l, : v~ ~,:;;...l}. ATTEST: ANNEXATION AND ZONING ORDINANCE (AZ-OI-005) - 4 ( ( STATE OF IDAHO,) S8. County of Ada. ) On this J.f4 day of .5't!'p+~'"' 'e Y' , 200 I, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged 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) ~"......".~ f., L · S ~"'.<< ~ :;.~c .....!lI'.)> ~#~ I e. -A ~ ~ .. TT " I -1.0TA.R~ .., \ I ~ *: : * ~.~ A. : = c: \ I>>UB\"\ I ~ o~ ~ i.P~ .. .. .;l~ ~ ~~ ..r;, ........ ~",Y" ~#,#. l'lJ 0 F \v ,....... .... ,t: ..........'" ~/:lojO? Z:\W ork\M\Meridian \M.eridian 15360M\Macaile Meadows V ARO 1-007 AZO 1-005 PPO 1..006\AZOrd. doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-005) - 5 ( -~- NZ ~~ 15 '1- w ~~ 8 oc Z~N ~ .::> z ~~~ DC/) ('I') Cl (I) co ZC/) l- n:: ri 0 0- W~ 't"- w~:I: (JO 06 :2 o~ 20 (j) u..lrz <(<( z Ow:g; S '-0 ~W 0 >- ~ ffi ~ O~ ~ !:: ui == d O:::w 0 00 W to 0-1 en (() 4: ~ 0 Ii <( ~ ~ u. w to co ~ to ~ N (I") en ~ ~ ~ co ~ (I) ::I: i ~ w ~ ~ :;: a::: ~ w i I ~ :I j 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 Clerl<, of the City of Meridian, Ada Countx, State of Idaho, do hereby certify that the attached copy of Ordinance No. (!J 1-;-- Cf 2- 7 passed by the City Council of the City of Meridian, on the 4-6 day of JejJfe,1't-,lwu 2001, 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. JI~~ STATE OF IDAHO, ss. County of Ada, On this Jj.J.lt day of 5eyb-w; in the year 2001, before me, .JA.,^-i<..~ L.. S~ \~ , a Notary Public, appeared WILLIAM G. BERG, JR., lmown or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrulnent, and aclmowledged to me that he executed the same on behalf of the City of Meridian. "., ......,'... ,,~ ## :f+....... ~\CB L. 8 ~:###~ ~, 'b-.~ ..." ..... "IT.Jo ~ ~~. 'v . -. .,.); ~ ~ ').- . wll'-J>. ~ ~ · 0 T ..~.". .. ~ ~. ~ iiI(} ~ ': :'"'k: -r e : : ~ ~... : * : . ~ ~ - ~ f.J.p C.. ... C uBL\ · = ~ foP... _co, ... ~ ~. ~<i t....t... ..- 0 $ ~ .. )tk ........,w"'. ~~.. ~.p##It~ <;' 0 F 1 \) ~.",~ -.'Ii Cf Ii. .....,' (SEAL) Public for Idaho ission Expires: o 'I/:Z()/O 7 I I Z:\ Work\M\Meridian\Meridian 15360M\Macaile Meadows V AR01-007 AZO 1-005 PP01-006\CertificationOfClerkOrd .doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-OI-005) z 0 0 C6 > U) CQ I~ ~ w 0 ~ ~ 0 0 Z~ ' ~ .:J Z <(I-~ OC/) M D~~ ZU) I- ~ ciO Ws ci Ww~ ~ :2 ~ ~ 00 oa 20 Q) LL li: z- <(~ z o IJJ :g; 1-0 ~W 0 ~~ffi O~ i= 0 -u.i~ O:::w Uo w (0 0-1 U) (0 '2 :;: U') !z ~ 0 ~ ~ <( ~ <( ~ fJ) 0 ~ ~ ~ o :I: UJ !e to N I.t'i ~ ~ m .... (f) I ~ w ~ ~ ~ 4: LL W ~. :>. g ~ ~ :I: 1 ] I i ) RESOLUTION NO. ~/,- 3bB A RESOLUTION OF THE CITY OF MERIDIAN PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6,2001, DESIGNATING THE POlliNG PLACES AND TIMES, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO THAT: SECTION 1: The General City Election will be held in and for the City of Meridian, Idaho on the 6th day of November, 2001 , at which time there will be elected City Council Members for Seat #2 and Seat #4 to serve a term of four years or until the election and qualification of their successors. SECTION 2: The following are designated as the polling places for such election and which shall be open at 8:00 AM and remain open until 8:00 PM: FOR THE FIRST PRECINCT #800 American Legion Hall 22 W. Broadway Avenue Meridian, Idaho FOR THE SECOND PRECINCT #801 Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho FOR THE THIRD PRECINCT #802 Meridian Library 1326 W. Cherry Lane Meridian, Idaho FOR THE FOURTH PRECINCT #803 Locust Grove Grange 1201 E. Victory Road Meridian, Idaho SECTION 3: The City Clerk shall be the registrar for such election and shall conduct voter registration in accordance with the provisions of Idaho Code Section 34- 1402. SECTION 4: The City Clerk, for and on behalf of the Mayor and City Council, shall give public notice of the time and place of holding such General City Election by Resolution For General City Election Page 1 of 2 posting such notice in three public places or publishing such notice in at least two issues of the Idaho Statesman, the official newspaper of the City of Meridian, Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of such notice to be made not less than 45 days previous to the date of such city election and the last publication not less than 15 days prior to the election. The notice so published shall state the polling place in each precinct and the hours during which the polls shall be open for the purpose of voting (from 8:00 a.m. to 8:00 p.m.) and said notice shall contain such information in accordance with the requirements of Section 50- 436 of the Idaho Code. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 4th day of September, 2001. ATTEST: D~;) Ii;. L LERK;. . cLil -" :~ - . '7'. et'j , ~. ~ ~- <1~ (.7"( - _ ..;-: % "Yo ~Z.'r lS"= · :/ ,9 .t <-<'l/;'/ (.~~~ ",.f:.::: 'J).; I " I; ",;;':,:' \'.1 :.,~" "", Resolution For General City Election Page 2 of 2 RESOLUTION NO. ~/*'" 369 A RESOLUTION PROCLAIMING A CITY ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, DESIGNATING THE POLLING PLACES AND TIMES, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, THAT: SECTION 1: A city election will be held in and for the City of Meridian, Idaho on the 6th day of November, 2001, for the purpose of considering the following proposition: Shall the City be allowed to increase its budget for the 2003/2004 budget year, by an amount not to exceed the difference between .004 and the amount of the levy for the 2001/2002 budget year, multiplied by the market value of assessable property in such year? SECTION 2: The following are designated as the polling places for such election and which shall be open at 8:00 AM and remain open until 8:00 PM: FOR THE FIRST PRECINCT #800 American Legion Hall 22 W. Broadway Avenue Meridian, Idaho FOR THE SECOND PRECINCT #801 Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho FOR THE THIRD PRECINCT #802 Meridian Library 1326 W. Cherry Lane Meridian, Idaho FOR THE FOURTH PRECINCT #803 Locust Grove Grange 1201 E. Victory Road Meridian, Idaho Resolution To Raise Tax Levy Rate FY 2002-2003 Page 1 of 2 SECTION 3: The City Clerk shall be the registrar for such election and shall conduct voter registration in accordance with the provisions of Idaho Code Section 34-1402. SECTION 4: The City Clerk shall give public notice of the time and place of holding such city election by posting such notice in three public places or publishing such notice in at least two issues of the Idaho Statesman, the official newspaper of the City of Meridian, Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of such notice to be made not less than 12 days previous to the date of such city election and the last publication not less than 5 days prior to the election. The notice so published shall state the polling place in each precinct and the hours during which the polls shall be open for the purpose of voting are from 8:00 a.m. to 8:00 p.m., and shall contain such information as is required under Section 50-436 of the Idaho Code. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 4th day of September, 2001. ATTEST: \ \ , \ \ \ r ~ ~ 1."J .' ~ tt " f / I . \\\ O~..... fJ4t=._~~. ','/. ,~...\,~ r., ~ _, ' ,~, ---,. ~ - ,~ " . ~ .:::-,,- C}=' n o'~:~-' ~..< ~-j~~ ~~.. , ~ . .:::..... rO""~ c. C~~ )..''>tr y ,-~. ::: __.~ w <~ \; ~ ~ y' t! o.L:. .... - -.: ~ r.... ~ ~ . (;.:;: ~ **" ,):" ~. ,.~:) 0" ~.: ~ ~. l:.::.<;)-'th 10'1' / oj. ~:..." z:\ W ork\M\Meridian\Meridian 15360M\Resolutions City H1n\2~rllill.e;&'~.l flltj:~~~.Yi60 1-2002 .doc ~~ ~~ ,~)~ .. ""';~~ I (~~~~<:, :1\ ':\ ;.\':;\'-. S"'f"" I~ L ". . ';., 1\. ' ~~J.:'_ ' Resolution To Raise Tax Levy Rate FY 2002-2003 Page 2 of 2