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Meridian City Pre-Council Meetina
October 3. 2000
The Special Pre-Council Meeting of the Meridian City Council was called to order
by Mayor Robert D. Corrie on Tuesday, October 3,2000, at 6:35 p.m.
Members Present: Tammy DeWeerd, Ron Anderson, Cherie McCandless, Keith
Bird, Robert Corrie.
Others Present: Bill Nichols, Shari Stiles, Gary Smith, Tom Kuntz, Bill Gordon,
Janice Smith, Will Berg.
Item D.
Tabled from July 5, 2000: Findings of Facts and Conclusions
of Law: CUP 99-039 Request for Conditional Use Permit for
planned unit development including continuing care retirement
community, single- and multi-family residential and office and retail
use by T ouchmark Living Centers - Joseph A. Billig - east of
St. Luke's between Franklin Road and Interstate 84:
Corrie: I'll open the Meridian City Pre-Council meeting at 6:35 on October 3,
2000 to discuss agenda items and department reports which are on the regularly
scheduled City Council meeting agenda. So with that point, Mr. Berg, if we could
please have roll-call for the special meeting, please. Thank you. Council, the
minutes you have (inaudible) is that the orange one said approve minutes of
September 13th and the revised says the 5th. That's the only change between the
two. Item D in the Consent Agenda, the Touchmark has still not gotten
everything put together, the Development Agreement, so they've requested to
place that on the October 17th meeting.
Item E.
Item F.
Item G.
Findings of Facts and Conclusions of Law for Approval: AZ
00-006 Request for annexation and zoning of 12.73 acres from R-
T to L-Q and R-15 zones by Vicki Welker I Gold River
Companies, Inc., for proposed Valeri Heights Subdivision -
northeast corner of Pine Avenue and Ten Mile Road:
Findings of Facts and Conclusions of Law for Approval: PP
00-005 Request for Preliminary Plat approval for proposed Valeri
Heights Subdivision with 10 building lots and 2 other lots on 12.73
acres in proposed L-Q and R-15 zones by Vicki Welker I Gold River
Companies, Inc. - northeast corner of Pine Avenue and Ten Mile
Road:
Findings of Facts and Conclusions of Law for Approval: CUP
00-014 Request for Conditional Use Permit for proposed Valeri
Heights Subdivision for a 128-unit apartment complex,
townhouses ~nd office on 12.73 acres in proposed L-Q and R-15
rv1eridian City Pre-Council Meetin("
October 3, 2000
Page 2
zones by Vicki Welker I Gold River Companies, Inc. - northeast
corner of Pine Avenue and Ten Mile Road:
Corrie: Also, Item E, F and G have been requested to be put on the October 17th
meeting because the Findings of Facts haven't been completed by the attorney;
is that correct, Mr. Nichols?
Nichols: Mr. Mayor, members of the Council, we have the draft done, but it
needs additional staff review, and we're waiting on the minutes to make sure that
we get them right the first time. So we would ask that those be put off until the
17th so that we can have those drafts finished and in your boxes in time.
(inaudible conversation amongst Council members)
Nichols: Mr. Mayor, members of the Council, with regard to Valeri Heights, I
think the appropriate process for me is to finish the Findings of Facts and
Conclusions of Law and Decision of Order and have those to you, that way they
can be provided to the applicant, to staff, and if they have an issue with regard to
how they have worded the Findings, they can certainly raise that in a letter of
position statement, if you will, with regard to those Findings. Then if in reviewing
the position statement and the Findings the Council wants to clarify items or
change any of the potential conditions or anything in it, then that should be done
in the context of those Findings. Although there's a letter here from Ms. Welker, I
would consider this information that is not in the public record. It should not be
considered at this point, and the Findings will speak for themselves, and I'm the
first to admit that I don't always get them exactly right, and that's why you pull
them off and put them on the regular agenda to discuss and direct specifically.
So I would suggest that that's the way we take care of that. We get the Findings
done; they'll be provided to Ms. Welker, and if she has a position on anything in
it, then she can issue that position statement and then it becomes part of the
record and the Council can discuss it at that time. Staff can also comment on it
Corrie: Thank you, Bill. Any other changes that anybody may have?
Nichols: Mr. Nichols, I think there are a lot of these - I have expressed this to
some of the individuals. I apologize for the delay in getting Findings out for this
meeting. I think I've explained that Marlene St. George primarily does these, and
she left on vacation one day after the last Council meeting and got back today.
That's not an excuse, but I just wanted to explain why it happened, and I'll just
work hard the next time she has an extended vacation to have a plan in place
where we can try to get these things done more quickly. But (inaudible) in not
getting these things to Council, real quickly, of course they didn't get out to the
applicant quickly either. So Mr. Campbell is here tonight, and I've talked with him
in advance, and we believe if H, I and J were tabled to the 17th so that he has a
chance to review these in depth. I also noted that the annexation and zoning
Findings aren't in here on the Hollows, and I believe that was an annexation and
Nleridian City Pre-Council Meetin(
October 3, 2000
Page 3
zoning. I don't think it was in the City limits, was it? All right. That will explain
why they're not there. Anway, H, I and J should be pulled so they can be
reviewed by Mr. Campbell and he can issue his position statement if there's
anything in there that causes him concern. The Council, also, hasn't had a
chance to look those over.
Corrie: On the 17th, then?
Nichols: On the 17th, yes.
DeWeerd: Mr. Mayor, since some of us just got some of the Findings for Elliot
Industrial Park, I haven't had a chance to review them. I think it would be
appropriate to pull those as well unless Shari's had a chance to review them.
Have you? Okay.
(inaudible conversation amongst Council members)
Stiles: Do you have K?
Bird: Yes.
Corrie: And you just got L, M and N?
Bird: Yes. We just got them today, Mayor. Do you want to pull those?
Corrie: I was just thinking. I'm going to have to have my secretary be a little
more conscious of what's (inaudible). I try to catch alii could.
Bird: We can pass K okay. They have not been able to see those either, have
they?
DeWeerd: Well, Shari, did you get the Findings on the annexation and zoning?
Bird: They came in the original packet.
Stiles: I have a cover sheet.
Bird: They came with my regular packet on Friday.
Stiles: The only thing I have is the sheet.
DeWeerd: October 2nd. Oh, we got it yesterday.
Bird: That's right. Let's take them all off.
DeWeerd: Okay.
Meridian City pre-CounCill\l1eeti,{
October 3, 2000
Page 4
Corrie: If the Council would like to, we can take 1 through 6 and (inaudible) and
we'll really get you out of here early.
DeWeerd: I think we already have two on the regular agenda that has been
asked to continue.
(inaudible discussion amongst Council members)
Bird: Is there anything between Q and X that we need to look at? Shari?
Item U.
New Beer and Wine License: Request for new beer and wine
licenses by Steve Haumann for WinCo Foods - 1050 South
Progress Avenue:
Anderson: Do we have the approval on U from the Police Chief?
Corrie: Chief, did you approve the beer and wine on the WinCo?
Gordon: Yes.
Item V.
Item W.
Item X.
AZ 00-017 Development Agreement - E.L. Bews: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision -
north of Ustick Road and east of Ten Mile Road:
AZ 00-017 Development Agreement - Chandos Hoaglun:
Request for annexation and zoning of 52.90 acres from RT to R-4
by Primeland Development Co., LLP, for proposed Bridgetower
Subdivision - north of Ustick Road and east of Ten Mile Road:
AZ 00-017 Development Agreement - Youngs Land, Ltd:
Request for annexation and zoning of 52.90 acres from RT to R-4
by Primeland Development Co., LLP, for proposed Bridgetower
Subdivision - north of Ustick Road and east of Ten Mile Road:
Bird: Is everything okay with the Development Agreement for Bridgetower?
Berg: Mr. Mayor, members of the Council, the three different Development
Agreements for Bridgetower are all signed by the particular landowners.
c. Mayor Robert D. Corrie:
2. Blood Draw Agreement:
Meridian City Pre-Council Meetin(
October 3, 2000
Page 5
Corrie: Council, also, I didn't get it in here, but are you ready to okay the MS
contract presented last time? The attorney looked at it and didn't have a problem
with it. That's the (inaudible).
Bird: Did the Chief have any problem with it? That was our question.
Corrie: Yes, and I asked him.
Gordon: I don't in that that is the only game in town. We do probably three blood
draws a year. That's the only saving factor of the whole thing. We don't do a
whole lot of them. Three hundred dollars is - they come to us to find - I think it's
fairly reasonable for what they're doing.
Item 3.
Continued Public Hearing from September 19, 2000: PP 00-014
Request for Preliminary Plat approval of 5 building lots and 1 other
lot on 8.29 acres for proposed Waltman Court Subdivision by
John and Sandra Goade - Waltman Lane and SW 5th Street:
Item 5.
FP 00-018 Request for Final Plat approval for of 61 building lots
and 3 other lots on 23.02 acres by Packard Estates Development
for proposed Packard Acres Subdivision No. 2 - south of Ustick
between Locust Grove and Vintage Lane:
Bird: Regular agenda on 3 and 5 wants to be pulled, continued, Mayor?
Corrie: No. I don't think so. Waltman Court? Nobody's said anything to me.
Shari, No.3 wants to be continued?
Stiles: Yes. I just talked to Tony Hickey this afternoon, and they're trying to
resolve things with Ada County Highway District, and that's to be continued to the
17th. Then the request for No.5 is a request to November 8th.
Corrie: No.5; final plat?
Stiles: Yes.
Corrie: November 7th? No. 4 is okay, right? Fred Meyers? Request for
Conditional Use Permit?
Stiles: I haven't received a request to continue it. They did ask for some
clarification on the Findings.
Item 4.
CUP 00-041 Request for a Conditional Use Permit to construct a
Fred Meyers Gas Station facility with a canopy, five multi-product
gas dispensers, cashier's kiosk and parking lot improvements in a
Meridian City Pre-Council Meetir{
October 3, 2000
Page 6
C-G zone by Barghausen Consulting Engineers - Fairview Avenue
and Locust Grove:
Corrie: So No.4 needs to be continued. Three and five. I'm sorry. I was asking
about four. All right. And, Will, the Ordinance No. on No.2 is going to be what,
again?
Item 2.
Ordinance No. 892: Request for annexation and zoning of 52.90
acres from RT to R-4 by Primeland Development Co., LLP, for
proposed Bridgetower Subdivision - north of Ustick Road and
east of Ten Mile Road:
Berg: Mr. Mayor, members of the Council, the Ordinance number will be 892 if
you decide to approve it.
Corrie: Did the Council - are you ready to act on the appointment of our
Planning and Zoning Commissioner that I gave to you before, Jerry Centers?
Bird: Yes.
Corrie: Okay. I've got it here. I just wanted to make sure that you got
everything. Okay. Anything else?
Bird: Planning and Zoning will be No.3 on your department reports?
Corrie: Yes; Jerry Centers. Anything else?
DeWeerd: Mr. Mayor, where are we at in finding our Parks and Recreation
Commission (inaudible)?
Corrie: I don't have anything from Mae yet, but I got a call today from two people
that said they'd like to be asked to be on it. I told them to send me the resume
and get those names on - one was with Bruce MacCoy. I don't think - the other
was Tim Burrows. There was one other. As soon as we get those to him and
he can give us the recommendation. Hopefully we can have it by the next
meeting.
DeWeerd: Mr. Mayor, I would like to ask Bill if he can give us an update on the
status of the Daycare Ordinance.
Nichols: Councilwoman DeWeerd, Mayor, members of the Council, I'll be honest
with you. I don't know where that is. That was an Ordinance that was drafted
before I began doing your regular work. I don't know if there's - I've seen the
file, but I can't tell you for sure whether it's waiting on what - I don't recall seeing
that we were directed to make changes in it. If that's the case, I apologize. It
seemed to me that there was some additional work to be done, but I can't put my
Meridian City Pre-Council ~i~~-
October 3, 2000
Page 7
finger on it. I don't know enough about it to even tell you what it is. I just know
that I've been asked before, and I've been asked what the status is, and it seems
to me like when I checked into it, it seemed like there was something additional
that needed to be done. There was some committee that was going to report on
something or some issue. If I'm incorrect-
DeWeerd: I think there is some legislative issue that they were going to keep an
eye on.
Nichols: Councilwoman DeWeerd, Mayor, members of the Council, I don't know
who or if that was Mr. Gigray that was going to watch those to see if it impacted
that. If you want me to on the 17th to give you a report on where I think the
Daycare I Childcare Ordinance is -
DeWeerd: Thank you.
Corrie: Did anybody have any changes from the final draft of the Ordinance for
the Finance Director?
Anderson: I'm going to have to pull it again.
Bird: I'll have to say that we need to. We'll need to get it to the Mayor.
Corrie: I'll bring it up on the 17th, then.
DeWeerd: Do we meet next week? Did you have a chance -
Anderson: I would like to bring that up because we have a bid opening for the
new fire station on Ten Mile this Thursday, and I would like to request a special
meeting next Tuesday at 5:30 to award that bid contract. We may have a
meeting (inaudible). It just depends on what you guys want to do.
Bird: Why do we have to act so fast?
Anderson: I guess the weather was the big thing; trying to get some work done
yet this winter. Either we rush it or we slow it up until after the first of the year.
Bird: So you want a meeting Tuesday?
Anderson: Yes, please.
Bird: What time?
Anderson: 5:30. Just a quick one.
Meridian City Pre-Council Meetirl~
October 3, 2000
Page 8
Corrie: Okay. I guess I can call it. So, we'll have a special meeting on Tuesday
the 10th at 5:30. Okay. Also on the discussion on the Finance Director. We'll put
that on the 7th.
Nichols: Mr. Mayor, members of the Council, just a reminder. I passed out last
week the revised copy of the Finance Director Ordinance. You can look at your
old stuff for reference, but that's the most current one that I passed out last
Tuesday night.
Corrie: Okay. Do you want to do any department reports? Janice.
7. DepartmentReports
A. City Treasurer - Janice Smith:
1. Tabled from September 19, 2000: Treasurer's Report:
Smith: Thank you, Mayor, Council members. The department report we'll be
reviewing will be the one dated at the top, Statement of Revenue and Expenses
of August 1 through August 31, 2000. You do have that in front of you. Any
questions or comments. This report will not show the budget amendment as the
minutes need to be approved which you did in the September 19th meeting. This
report was dated the 18th. So it will show on your next - it will be the final
statement. There will be one more statement dated September but will not have
the year-end adjustments made. There will be in January a final report after the
audit adjustments are made after vacation approval and everything is taken out.
We still have our closing entries to make. So just as overview on that, I'm going
to discuss this report. This report here which shows that we have $900,000 more
in revenue than our expenses for the general fund, but that is also because we
took out in June, of the investments, we had to take out $750,000 to cover
expenses. We will not be receiving as many revenue in this last month that we
just finished versus the expenses. So the money that we took out of the
investments did cover our expenses. Then you will see - I'll get to the
investment report later showing the adjustment. Let me see if there's anything
here. I didn't make any notes on any of these because the police had not been
adjusted because of the amendment - the building department. Theirs was a big
one, $5000 extra revenue that came in will offset on those expenses. So, more
or less I'll just give you the time to have any questions and try to give you more
time to review it. Am I under the understanding that you guys are going to a
meeting every Tuesday except the second one? No? You're not going to have a
fourth Tuesday meeting, because it would be great to do this -
Bird: Workshop on one of them.
Smith: But not an official Council meeting?
Meridian City Pre-Council Meetir(
October 3, 2000
Page 9
Bird: The Council meeting was going to be the first and third of - fourth. We had
not even decided that, have we?
Corrie: We talked about the first and third being land-use issues and the second
be a workshop, the fourth be a non land-use Council meeting. But we will - that
will probably be in November or maybe in December when we put that in the
Ordinance and everything is put together. We will have a meeting the 10th and
then the fourth Tuesday of the month will be the 24th, a workshop.
Smith: If anybody wanted to go over, on the fourth meeting, there would be the
same - we would have it a week earlier so that way it doesn't get stuck aside and
if you have questions, they're new. Now we've already finished another month.
Corrie: That would be good to do that at the workshop.
Smith: We'll try it. If you have your investment report with you, there was two
notes that we made. There was a discrepancy of the $19,000, and that was
because when we pulled out some investment monies out of Covington Moore,
there was a loss because it - the CD hadn't come due yet. Whenever you pull it
out early, you get a lossM That $19,000 was taken out of our investments. I did
have a note here, also, to the Investment Committee which I'll like to get with the
Committee and set up a monthly meeting. We have some money in the
construction fund, the 1.3 million that we have right now in our checking account,
we'd like to move over to the investments and make a little bit more on our
interest. So if I could move that 1.3 million over to Covington Moore. The
construction fund is made up of the latecomers, water and sewer latecomers
fees, the restricted. At this point we have a few latecomer agreements that need
to be finalized before year-end for closing entries. Other than that, on the
investments, we'd like to get going for the new year since we didn't get it done
the last fiscal year~ So did you have any questions on the investment report that
I gave you?
Anderson: Mr. Mayor, I didn't have any questions, Janice, on that report, but I
did on the - have you set a deadline for the department heads as far as any bills
that can be paid out of the 1999/2000 budget year so we don't have those
coming in forever and we can get started with the audit?
Smith: Yes. We had a couple of head meetings, and it's been mentioned. We
will still watch anything that comes in late, and department heads are to get with
us if they know it's coming in late, because we will back it out of the last budget
year.
Anderson: What is that date?
Smith: Well, it is the 10th of this month. But we don't foresee that the checks are
going to go out until the 16th because of the weekend because of our deadline.
Meridian City Pre-Council Meetir(
October 3, 2000
Page 10
The 13th would be too soon. If they could get them to us on the 10th, they are to
let us know if there is one trailing so that we can at least plug it in to tag it. The
Friday's the 13th, we try to have the bills by the 15th. It just doesn't give us
enough time. We trying to (inaudible) to the 16th. We usually don't want to do
that, but we're telling the department heads the 10th, but we won't run the checks,
they won't go out until the 16th.
Anderson: I guess it would be my thought that if we didn't have them in by X-
Date, then they were going to have to come out of the following year's budget. I
guess I wouldn't be taking invoices clear up to the 16th if that's when you're
running your bills.
Smith: But if we don't make the adjustments ourselves, the auditors do. So if it
did come in, our auditors would make the adjustment. We are working on a
purchase program so that we can internet. As soon as they have something, it
shows. Hopefully this next year, that at closing year-end, we can tell- purchase
order, we will be able to see it. That way we won't have to wait for something to
trail in. Even if they did get it to us late, we would have to put it in last years
budget if they purchased it and it was in their hands that last month. If we don't
do it here in Accounting, our auditors do.
Anderson: That's the key: if it's purchased. But if people are still out there
purchasing on September 30th-
Smith: We watch those, too. They can't do that. If they're trying to put it - if they
got it in October and want to pay for it in September, we don't let them do that
either. They're pretty good. We're training them.
Bird: Mr. Mayor, I have a question for Janice. How come - maybe this is a
policy within public stuff, but how come we order stuff and then a purchase
order's written up? Why is not the purchase order sent at the time of the
purchase with the price and everything on it?
Smith: At the time they do order, they should be doing the purchase order. It
should always have the purchase order first. If you're talking to that person on
the phone or with them purchasing it, here's my purchase order number, and
give - a lot of the departments do use a purchase order or they call it a
procurement. It should be used. At times - someone goes and they don't have
one, they can call us and we'll give it to them over the phone.
Bird: That purchase order should - the supplier should have a copy of that
purchase order. They're not getting it because the bills are coming in and then
we're writing purchase orders up in departments.
Smith: That's what we're going to try to work on this next year. In accounting,
the policies and procedures with the Financial Director - everybody follow the
Meridian City Pre-Council Meeti~
October 3, 2000
Page 11
same rules. Councilman Anderson, did you have any more questions on that?
That was just an overview of our report. We will have another one out later this
month.
Anderson: I did have one. You said we show a loss. We pay a penalty for
withdrawing that money early?
Smith: Yes. Offsets on the interest earned. We do contact our investment
agents ahead of time to let them know what's coming out. We work with water
and sewer also to find out what expenses they have to make sure this money is
in the checking account. We try to let them know three months in advance.
Hopefully this next year we won't see any penalties. With that, I think, Mayor and
Council, that's it if you don't have any questions.
B. Parks and Recreation Director - Tom Kuntz:
1. Patio Lease for Smoky Mountain Pizza at Generations
Plaza:
Kuntz: That was on for tonight. I have to go to a PAL Board meeting to talk
about the 56-acre park. The first item on there is the lease for the patio at
Generations Plaza. Really, that's just - I'm not requesting any action tonight
because of the lateness of getting that to you. I would like to come back in two
weeks hopefully for an option. There will be a few changes that staffs going to
make this week, and we're going to have to get a revised copy for your workshop
next Tuesday, and then that will give you a whole other week before your next
Council meeting on the 17th of October. The first item, give you a heads-up that
this is coming down the road. Stewart Laney and Benoit has not had a chance to
look it over, so we'll fax that to them tomorrow, and that will give them a couple
weeks to make comments.
2. Storey Park Irrigation System Bids:
The second item you should have in your packet was actually in your mailbox
yesterday: just a request for Council to deny the bids for Storey Park Irrigation.
I'm willing to answer any questions. I may come back tonight. So it's on to make
sure that happens. That would be great.
Anderson: Tom, I had a question then, what's going to happen when they widen
Franklin Road? Is it going to (inaudible) is going to have to be moved?
Kuntz: Elroy has done the research on this, but he's had a lengthy discussion
with them this last week. His concern was that if we leave it where we've got it
specked right now, then, yes, we will have to move it. If we move it further out in
the park, it's going to be obtrusive with the expansion of the Chamber building
when that happens. What he's pursuing is a brand new location that would be
Meridian City Pre-Council Meeti/
October 3, 2000
Page 12
more centralized in the park. Kind of behind where the bathrooms are in the rear
of the park are. Up on that hillside, that bank always washes out. He's pursuing
that as an option with Nampa Meridian Irrigation, and he hasn't finalized that.
That's his concern that he addresses in NO.5. OUf big concern was just the
price going up, the amount of money - $33,000 - we just felt like the people,
contractors, are so busy this fall getting jobs done that they're adding a lot to their
prices because they don't care if they get it or not. We just feel like it's an unfair
price.
3. Brick Pavers at Generations Plaza II:
The last item is just authorization from the Council to charge $100 per brick for
the additional 336 bricks that will be included in the two new walls as part of
Phase II. Before we charged $50 - well, before, the ones that were placed in the
ground around the clock tower were $100. If they were in outlying areas on the
ground, they were $50. So we just thought we'd just make them one price and
(inaudible) and go from there. We figure at that price, of course, we could raise a
little over $30,000 which will help substantially offset our costs on constructing
that.
Bird: Are you going to have seniors?
Kuntz: Recommended to the Parks Commission, or suggested to the Parks
Commission that they might want to entertain a senior price, but they adopted or
recommended to the Council just $1 00 per brick.
Anderson: Didn't we have a hard time selling them aU last time?
Kuntz: Well, we did until they found out there was only a limited number
available, and then we had a waiting list of about 10 people right now waiting for
new bricks. I think part of it is that the project went on for so long, it was delayed,
that people kind of lost interest, and when it's stopped being built, they started
calling. We're going to re-do the brochure and start again. I'm not going to fool
you and tell you that we're going to sell all 336 bricks within six months to a year,
but it's interesting that a lot of people will call when they've got someone that
they want to memorialize, and they'll say, well, do you have a tree memorial or
any of the bricks left? We get four or five calls a month on those. We are going
to re-do the brochure and push it again.
Anderson: How does that work? Is it limited to so many letters or names on it?
Kuntz: Yes, there are so many spaces, and that's the (inaudible) engraved. It
was a lot.
Bird: Yes, you can put a lot on there.
Meridian City Pre-Council Meetl
October 3, 2000
Page 13
Kuntz: The walls will be built with those in there, the bricks, so when we sell
them, we can poxy them in. So if we don't sell them all within the first year, the
bricks will be there, we'll keep adding, they'll just be blank.
Bird: Tom, on Generations Plaza, have you gotten hold of that memorial people
to take care of those two plaques?
Kuntz: As we speak. They did them at 4:00 today. When I went by at 5:30, he
had the old ones out, the new ones taped in place, and then he was mixing his
grout and he was going to come by and check them in the morning. That was
taken care of.
Bird: Thank you.
Kuntz: Thank you.
Corrie: Okay. I think the rest of these take the action of the Council.
Anderson: Mr. Mayor, if there's no other business, I'll make a motion to adjourn
until 7:30.
Bird: Second.
Corrie: Motion made and seconded to adjourn until 7:30. All those in favor say
aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 7:20 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPRO
(
Meridian City Council
Agenda
October 3, 2000 @ 7:30 P.M.
Roll-Call:
City Council Chambers
... __X'_ Tammy deWeerd X Cherie McCandless
~Ron An;<son --XKeith Bird
Mayor RobertCOiiie
Consent Aaenda
A. Approve minutes of September 5,2000, Special City Council Meeting:
Jt;?f'~L
B. Approve minutes of July 5, 2000, City Council Meeting:
tflr~V~
C. Tabled from September 19,2000: Approve minutes of August 22,
2000, Special City Council Meeting:
t:l-~v~~
D. Tabled from July 5, 2000: Findings of Facts and Conclusions of Law:
CUP 99-039 Request for Conditional Use Permit for planned unit
development including continuing care retirement community, single- and
multi-family residential and office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin Road
and Interstate ~.4: ~. . F ~,+ /7.r;
-r;tJ;&- bvWn I tJ CA , 'J- ~
E. Findings of Facts and Conclusions of Law for Approval: AZ 00-006
Request for annexation and zoning of 12.73 acres from R-T to L-Q and
R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed
Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten
Mile Road:-/7tM ~ tJeh /71!z- f'Zrvtg-.
F. Findings of Facts and Conclusions of Law for Approval: PP 00-005
Request for Preliminary Plat approval for proposed Valeri Heights
Subdivision with 10 building lots and 2 other lots on 12.73 acres in
proposed L-Q and R-15 zones by Vicki Welker I Gold River Companies,
Inc. - northeast corner of Pine Avenue and Ten Mile Road:
ft 0&- ~h"Z OcT.- 17 fl-1wf:J
Meridian City Council Agenda - October 3 2000
Page 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accanmodation 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.
G.
Findings of Facts and Conclusions of Law for Approval: CUP 00-014
Request for Conditional Use Permit for proposed Valeri Heights
Subdivision for a 128-unit apartment complex, townhouses and office on
12.73 acres in proposed L-Q and R-15 zones by Vicki Welker I Gold River
Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road:
-!ztf,J&, ~7 I?d, l7~ M~
Findings of Facts and Conclusions of Law for Approval: PP 00-013
Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3
zone by Bond and Shelli Campbell for proposed The Hollows - north of
Ustick Road % mile east of Meridian Road:
~e., tvwh t Och /7 (! /Jv~
Findings of Facts and Conclusions of Law tOr Denial: VAR 00-021
Request for a variance to not pipe an open ditch that borders the subject
parcel on the west boundary in The Hollows Subdivision by Bond and
Shelli Campbell - north of Ustick Road % mile east of Meridian Road:
-4HR. t0VIJ7 OdJ /7/$ ~
Findings of Facts and Conclusions of Law for Approval: VAR 00-022
Request for a variance to use Meridian City water for irrigation in The
Hollows Subdivision by Bond and Shelli Campbell - north of Ustick
Road % mile east of Meridian Roap: . '^ :-m
-!able ~tIl Ovtlll~ lit; '1"'
Findings of Facts and Conclusions of Law for Approval: AZ 00-013
Request for annexation and zoning of 5~4 acres for proposed Elliot
Industrial Park Subdivision for office and shop in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
-/d-~/.e t0Vf> '[ 0 c-ft /711- ~.
Findings of Facts and Conclusions of Law for Approval: VAR 00-023
Request for a variance of the required 20-foot to a 10-foot wide planting
strip in a proposed I-L zone for proposed Elliot Industrial Park
Subdivision by Chuck Elliot, The Elliot Group - south of Fairview Avenue
and east of Locust Grove Road on Wilson Lane:
'hbl~ UAvtfl och /7 (l ~
Findings of Facts and Conclusions o(Law for Approval: PP 00-015
Request for Preliminary Plat approval of 2 building lots on 5.4 acres for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
-h.v/:X.e.tv,..,fll tJe-h 17(1 ~
Findings of Facts and Conclusions of Law for Approval: CUP 00-033
Request for a Conditional Use Permit to construct an office and shop for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane: L cY: 1711- h
ecnv/~)~~.d.hc.~c ~IA d (90 'obe~ 32000 M r
en Ian ity ouncl gen a - ct r
Page 2
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 8884433 at least 48 hours prior to the public meeting.
H.
I.
J.
K.
L.
M.
N.
(
(
o.
Findings of Facts and Conclusions of Law for Approval: VAR 00-015
Request for a variance allowing the applicant to lower the finish floor
elevation below the Flood Plain because of the size of the site by Rod and
Sheri Eisele I Eagle Concrete Pumping in an I-L zone - Baltic Place in
the Meridian Business Park:
~PJrYo c/~'~
Findings of Facts and Conclusions of Law for Approval: CUP 00-044
Request for Conditional Use Permit to construct a 4, 125 s. f. tilt-up
concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele
in a Flood Plain Overlay District currently in an I-L zone - North Baltic
Place in the Meridian Business Park:
~~&1v.e
Findings of Facts and Conclusions of Law for Approval: CUP 00-042
Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant
with a drive-thru window by Greenstar Foods and TFCM currently in an I-L
zone - located on Pad P-3 at the Meridian Crossroads Center:
tl(i1pYOv~
Findings of Facts and Conclusions of Law for Denial: VAR 00-020
Request for a variance for the reduction of landscaping requirements to
allow new construction site to match existing and as typical for the area
and subdivision for Seven Gates by Darol Forsythe I Seven Gates
Properties - Lots 8, 9 and 10 of Block 1 of the Layne Industrial Park:
~" JZ--
Findings of Facts and Conclusions of Law for Approval: V AR 00-019
Request for a variance of the required size and number of trees from 37
three-inch Caliper trees to 27 two-inch Caliper Trees for The Bower
Street, LLC - southwest corner of Bower Street and East 5th Street:
a~ov.iL.
Findings of Facts and Conclusions of Law for Approval: PFP 00-002
Request for preliminary I final plat approval for proposed Presidential
Subdivision by Developers Diversified I Dakota Company with three
building lots on 10.99 acres in an I-L zone - southeast corner of
Presidential Drive and Eagle Road at the Meridian Crossroads Center:
tZ ?f'Y't) v..e....-
New Beer and Wine License: Request for new beer and wine licenses
by Steve Haumann for WinCo Foods - 1050 South Progress Avenue:
CZf7JYt9 ~e..--
AZ 00-017 Development Agreement - E.L. Sews: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
~ /2e!>~/-i(/r",.l:t
P.
Q.
R.
S.
T.
u.
v.
r.Aetidian City Council Agenda- October 3 2000
Page 3
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 ClerI<s
Office at 888-4433 at least 48 hours prior to the public meeting.
(
w. AZ 00-017 Development Agreement - Chandos Hoaglun: Request for
annexation and zoning of 52.90 acres from RT to R-4' by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
Cij~vUZ- j2e~~ #=
x. AZ 00-017 Development Agreement - Youngs Land, Ltd: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
~r.L ;2e~ ~
Reaular Agenda
...
1. (Items moved from Consent Agenda) ~'17
2. Ordinance No. 8 9 z. : Request for annexation and zoning of 52.90
acres from RT to R..4 by Primeland Development Co., LLP, for proposed
Bridgetower Subdivision - north of Ustick Road and east of Ten Mile
Road: c:&pPYPl/"'e-
3. Continued Public Hearing from September 19, 2000: PP 00-014
Request for Preliminary Plat approval of 5 building lots and 1 other lot
on 8.29 acres for proposed Waltman Court Subdivision by John and
Sandra Goade - Waltman Lane and SW 5th Street:
('CJlyvT/h~ j:J I A -/-0 t9 c--f ~ /7 13. )'11-~
4. CUP 00-041 Request for a Conditional Use Permit to construct a Fred
Meyers Gas Station facility with a canopy, five multi-product gas
dispensers, cashier's kiosk and parking lot improvements in a C-G zone
by Barghausen Consulting Engineers - Fairview Avenue and Locust
Grove: tfU121 jH2J-/r2)?- reCZ"-eJ./- .
5. FP 00-018 Request for Final Plat approval for of 61 building lots and 3
other lots on 23.02 acres by Packard Estates Development for proposed
Packard Acres Subdivision No. 2 - south of Ustick between Locust Grove
and Vintage La.ne: ~/ 0 a ~
~/J(.e t~ /'I17b'. CJ :.; #
6. FP 00-019 Request for Final Plat approval of 91.83 acres with 10 building
lots and 1 other lot in an L-O and R-4 zone for Resolution Business Park
by G.L. Voigt and Overland, LLC, and Joint School District No.2 - south
of Overland Road and east of Locust Grove Road:
u;.?yrz;? v-~
7. DepartmentReports
A. City Treasurer - Janice Smith:
Meridian City Council Agenda - October 3 2000
Page 4
All materials presented at public meetings shall becane 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.
/' -
\.
1. Tabled from September 19, 2000: Treasurer's Report: d<-
B. Parks and Recreation Director - Tom Kuntz:
1. Patio Lease for Smoky Mountain Pizza at Generations
Plaza: -ItZ,~ j-c t/c;T; I?f!- ht-y
2. Storey Park Irrigation System Bids:
j-~J't!cfed a.M /;litiS
3. Brick Pavers at Generations Plaza II:
""-'~v .e... :iL I g v _ 'l~
C. Mayor Robert D. Corrie:
3~ J(tvL.'J {,rJ, Ce:v/vt-S P'/ Zc--- - ~~
1. Lakes at Cherry Lane NO.8 Land Swap: tiJYPYOv./! ~~
2-. B/f7C?r.t ~/.<..1 ~ee.~ t'i-p-pvs:>~
D. City Engineer - Gary Smith:
1.
Request to hook up to City sewer outside City limits by
Marvin Werth: ~vLL- IV~ /urvl:~~ h:J /o~ 50 ~O2--
Request to hook up to City sewer outside City limits by Jerry
Frank: q~~~~
Award of the Meridian Ustick Reservoir Landscape Project
Re-Bid: t:i~V:L /ffi( b? /}~2- t~fa-p.~ N-?~ 'fZG:~
Award of the. Plaza Sewer Rehabilita~ion Project Bid~_
~~ 6/2(. 6113c::>di~-u;;1. Ccn-c.F~, --/0/ 352~ ~
Request for extension of existing contract for Brown and
Caldwell for Wastewater Plant QAQC:
~;;, J?pYV tAL-
2.
3.
4.
5.
--
a~ fz;, ~p~~ ~ ~f~~ ~ ~~.f IkO'W1.- -h-u C~~~
/It c en n. e d-;~tNf hv I"Lz- f>-.rUJ-I po [, ~ (.if 4..~ S'~ ,
Meridian City Council Agenda - October 3 2000
Page 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.
(
Meridian City Council
Agenda
October 3, 2000 @ 7:30 P.M.
City Council Chambers
Roll-Call :
x
X
Tammy deWeerd X Cherie McCandless
Ron Anderson X Keith Bird
X Mayor Robert Corrie
Consent Aaenda
A. Approve minutes of September 5, 2000, Special City Council Meeting:
Approved
B. Approve minutes of July 5, 2000, City Council Meeting: Approved
C. Tabled from September 19,2000: Approve minutes of August 22,
2000, Special City Council Meeting: Approved
D. Tabled from July 5, 2000: Findings of Facts and Conclusions of Law:
CUP 99-039 Request for Conditional Use Permit for planned unit
development including continuing care retirement community, single- and
multi-family residential and office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin Road
and Interstate 84: Tabled until October 17,2000
E. Findings of Facts and Conclusions of Law for Approval: AZ 00-006
Request for annexation and zoning of 12.73 acres from R-T to L-O and
R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed
Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten
Mile Road: Tabled until October 17,2000
F. Findings of Facts and Conclusions of Law for Approval: PP 00-005
Request -for Preliminary Plat approval for proposed Valeri Heights
Subdivision with 10 building lots and 2 other lots on 12.73 acres in
proposed L-Q and R-15 zones by Vicki Welker / Gold River Companies,
Inc. - northeast corner of Pine Avenue and Ten Mile Road: Tabled until
October 17, 2000
Meridian City Council Agenda - October 3 2000
Page 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 hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
(
G. Findings of Facts and Conclusions of Law for Approval: CUP 00-014
Request for Conditional Use Permit for proposed Valeri Heights
Subdivision for a 128-unit apartment complex, townhouses and office on
12.73 acres in proposed L-Q and R-15 zones by Vicki Welker / Gold River
Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road:
Tabled until October 17, 2000
H. Findings of Facts and Conclusions of Law for Approval: PP 00-013
Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3
zone by Bond and Shelli Campbell for proposed The Hollows - north of
Ustick Road 'Y2 mile east of Meridian Road: Tabled until October 17,
2000
I. Findings of Facts and Conclusions of Law for Denial: V AR 00-021
Request for a variance to not pipe an open ditch that borders the subject
parcel on the west boundary in The Hollows Subdivision by Bond and
Shelli Campbell - north of Ustick Road }2 mile east of Meridian Road:
Tabled until October 17, 2000
J. Findings of Facts and Conclusions of Law for Approval: VAR 00-022
Request for a variance to use Meridian City water for irrigation in The
Hollows Subdivision by Bond and Shelli Campbell - north of Ustick
Road 12 mil~ east of Meridian Road: Tabled until October 17,2000
K. Findings of Facts and Conclusions of Law for Approval: AZ 00-013
Request for annexation and zoning of 5.4 acres for proposed Elliot
Industrial Park Subdivision for office and shop in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane: Tabled until October 17, 2000
L. Findings of Facts and Conclusions of Law for Approval: VAR 00-023
Request for a variance of the required 20-foot to a 10-foot wide planting
strip in a proposed I-L zone for proposed Elliot Industrial Park
Subdivision by Chuck Elliot, The Elliot Group - south of Fairview Avenue
and east of Locust Grove Road on Wilson Lane: Tabled until October
17,2000
M. Findings of Facts and Conclusions of Law for Approval: PP 00-015
Request for Preliminary Plat approval of 2 building lots on 5.4 acres for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane: Tabled until October 17, 2000
Meridian City Council Agenda - October 3 2000
Page 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 hearingsl please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
(
N. Findings of Facts and Conclusions of Law for Approval: CUP 00-033
Request for a Conditional Use Permit to construct an office and shop for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane: Tabled until October 17,2000
o. Findings of Facts and Conclusions of Law for Approval: VAR 00-015
Request for a variance allowing the applicant to lower the finish floor
elevation below the Flood Plain because of the size of the site by Rod and
Sheri Eisele / Eagle Concrete Pumping in an I-L zone - Baltic Place in
the Meridian Business Park: Approve
P. Findings of Facts and Conclusions of Law for Approval: CUP 00-044
Request for Conditional Use Permit to construct a 4,125 s.f. tilt-up
concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele
in a Flood Plain Overlay District currently in an I-L zone - North Baltic
Place in the Meridian Business Park: Approve
Q. Findings of Facts and Conclusions of Law for Approval: CUP 00-042
Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant
with a drive-thru window by Greenstar Foods and TFCM currently in an I-L
zone - located on Pad P-3 at the Meridian Crossroads Center: Approve
R. Findings of Facts and Conclusions of Law for Denial: VAR 00-020
Request for a variance for the reduction of landscaping requirements to
allow new construction site to match existing and as typical for the area
and subdivision for Seven Gates by Darol Forsythe / Seven Gates
Properties - Lots 8, 9 and 10 of Block 1 of the Layne Industrial Park:
Approve
S. Findings of Facts and Conclusions of Law for Approval: VAR 00-019
Request for a variance of the required size and number of trees from 37
three-inch Caliper trees to 27 two-inch Caliper Trees for The Bower
Street, LLC - southwest corner of Bower Street and East 5th Street:
Approve
T. Findings of Facts and Conclusions of Law for Approval: PFP 00-002
Request for preliminary / final plat approval for proposed Presidential
Subdivision by Developers Diversified / Dakota Company with three
building lots on 10.99 acres in an I-L zone - southeast corner of
Presidential Drive and Eagle Road at the Meridian Crossroads Center:
Approve
Meridian City Council Agenda - October 3 2000
Page 3
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 conta~t the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
(
u. New Beer and Wine License: Request for new beer and wine licenses
by Steve Haumann for WinCo Foods - 1050 South Progress Avenue:
Approve
v. AZ 00-017 Development Agreement - E.L. Bews: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road: Approve - Resolution No.
w. AZ 00-017 Development Agreement - Chandos Hoaglun: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road: Approve - Resolution No.
x. AZ 00-017 Development Agreement - Youngs Land, Ltd: Request for
annexation and zoning of 52.90 acres from F -. 0-4 by Primeland
Development Co., LLP, for proposed Bridgetow( - -~h of
Ustick Road and east of Ten Mile Road: Appro'---
Reaular Aaenda
1.
(Items moved from Consent Agenda)
~
2.
Ordinance No. 892: Request for annexatio_
from RT to R-4 by Primeland Developml
Bridgetower Subdivision - north of Ustic -
Road: Approve
3
~
'-~
~,~~
CY)M0\
___~ ~! I )
~'>-- ~ ~
Continued Public Hearing from Septa:
Request for Preliminary Plat approval VI '- h
on 8.29 acres for proposed Waltman Court SubdivlsuJl1 __ "
Sandra Goade - Waltman Lane and SW 5th Street: Continue PUDII",
Hearing to October 17,2000
4.
CUP 00-041 Request for a Conditional Use Permit to construct a Fred
Meyers Gas Station facility with a canopy, five multi-product gas
dispensers, cashier's kiosk and parking lot improvements in a C-G zone
by Barghausen Consulting Engineers - Fairview Avenue and Locust
Grove: Deny Permit Request
Meridian City Council Agenda - October 3 2000
Page 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabiliUes 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.
5. FP 00-018 Request for Final Plat approval for of 61 building lots and 3
other lots on 23.02 acres by Packard Estates Development for proposed
Packard Acres Subdivision No.2 - south of Ustick between Locust Grove
and Vintage Lane: Table until November 8, 2000
6. FP 00-019 Request for Final Plat approval of 91.83 acres with 10 building
lots and 1 other lot in an L-O and R-4 zone for Resolution Business Park
by G.L. Voigt and Overland, LLC, and Joint School District No.2 - south
of Overland Road and east of Locust Grove Road: Approve
7. Department Reports
A. City Treasurer - Janice Smith:
1. Tabled from September 19, 2000: Treasurer's Report:
Approve
B. Parks and Recreation Director - Tom Kuntz:
1. Patio Lease for Smoky Mountain Pizza at Generations
Plaza: Table until October 17,2000
2. Storey Park Irrigation System Bids: Reject all bids
3. Brick Pavers at Generations Plaza II: Approve $100
c. Mayor Robert D. Corrie:
1. Lakes at Cherry Lane Nc-
Agreement
~
~
A
~ .~
~ ~
~'1 J:t
~
2. Blood Draw Agreement: Ar,
3. Appointment of Plannin-
Approve Jerry W. Center
D.
City Engineer - Gary Smith:
1. Request to hook up to
Marvin Werth: Approve
2. Request to hook up to Cni ~~-
Frank: Approve
Meridian City Council Agenda - October 3 2000
Page 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.
\ \
(
3. Award of the Meridian Ustick Reservoir Landscape Project
Re-Bid: Approve bid by A to Z Landscaping $78,925.00
4. Award of the Plaza Sewer Rehabilitation Project Bid:
Approve bid by Bodiford Construction $70,352.00
5. Request for extension of existing contract for Brown and
Caldwell for Wastewater Plant QAQC: Approve
E. City Attorney - Bill Gigray
1. Attorney to prepare a Resolution for 95 cents / hour for
canine officers in connection with the new police wage
schedule.
Meridian City Council Agenda - October 3 2000
Page 6
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 Meetina
October 3. 2000
The regularly scheduled meeting of the Meridian City Council was called to order
at 7:35 p.m. on Tuesday, October 3, 2000 by Mayor Robert D. Corrie.
Members present: Robert Corrie, Tammy de Weerd, Ron Anderson, Cherie
McCandless, Keith Bird.
Others present: Bill Nichols, Shari Stiles, Gary Smith, Bill Gordon, Will Berg.
Corrie: Okay. It's 7:35. I'll open the Meridian City Council meeting on October
3, 2000, and have the City Clerk please call roll. Thank you. I want to welcome
everyone here tonight, and especially Troup 138. It will be a rather short meeting
when we're usually used to long meetings. We kind of got a reprieve from the -
until two weeks from Tuesday when we'll have a longer one.
A. Approve minutes of September 5, 2000, Special City Council Meeting:
B. Approve minutes of July 5, 2000, City Council Meeting:
C. Tabled from September 19, 2000: Approve minutes of August 22,
2000, Special City Council Meeting:
D. Tabled from July 5, 2000: Findings of Facts and Conclusions of Law:
CUP 99-039 Request for Conditional Use Permit for planned unit
development including continuing care retirement community, single- and
multi-family residential and office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin Road
and Interstate 84:
E. Findings of Facts and Conclusions of Law for Approval: AZ 00-006
Request for annexation and zoning of 12.73 acres from R-T to L-O and
R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed
Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten
Mile Road:
F. Findings of Facts and Conclusions of Law for Approval: PP 00-005
Request for Preliminary Plat approval for proposed Valeri Heights
Subdivision with 10 building lots and 2 other lots on 12.73 acres in
proposed L-O and R-15 zones by Vicki Welker / Gold River Companies,
Inc. - northeast corner of Pine Avenue and Ten Mile Road:
G. Findings of Facts and Conclusions of Law for Approval: CUP 00-014
Request for Conditional Use Permit for proposed Valeri Heights
Subdivision for a 128-unit apartment complex, townhouses and office on
Meridian City Council Meeting (
October 3,2000
Page 2
i'
(
12.73 acres in proposed L-O and R-15 zones by Vicki Welker / Gold River
Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road:
H. Findings of Facts and Conclusions of Law for Approval: PP 00-013
Request for Preliminary Plaf approval of 12 lots on 5.60 acres in an R-3
zone by Bond and Shelli Campbell for proposed The Hollows - north of
Ustick Road ~ mile east of Meridian Road:
I. Findings of Facts and Conclusions of Law for Denial: VAR 00-021
Request for a variance to not pipe an open ditch that borders the subject
parcel on the west boundary in The Hollows Subdivision by Bond and
Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road:
J. Findings of Facts and Conclusions of Law for Approval: VAR 00-022
Request for a variance to use Meridian City water for irrigation in The
Hollows Subdivision by Bond and Shelli Campbell - north of Ustick
Road ~ mile east of Meridian Road:
K. Findings of Facts and Conclusions of Law for Approval: AZ 00-013
Request for annexation and zoning of 5.4 acres for proposed Elliot
Industrial Park Subdivision for office and shop in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
L. Findings of Facts and Conclusions of Law for Approval: VAR 00-023
Request for a variance of the required 20-foot to a 10-foot wide planting
strip in a proposed I-L zone for proposed Elliot Industrial Park
Subdivision by Chuck Elliot, The Elliot Group - south of Fairview Avenue
and east of Locust Grove Road on Wilson Lane:
M. Findings of Facts and Conclusions of Law for Approval: PP 00-015
Request for Preliminary Plat approval of 2 building lots on 5.4 acres for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
N. Findings of Facts and Conclusions of Law for Approval: CUP 00-033
Request for a Conditional Use Permit to construct an office and shop for
proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck
Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane:
o. Findings of Facts and Conclusions of Law for Approval: VAR 00-015
Request for a variance allowing the applicant to lower the finish floor
elevation below the Flood Plain because of the size of the site by Rod and
Meridian City Council Meeting (
October 3,2000
Page 3
Sheri Eisele / Eagle Concrete Pumping in an I-L zone - Baltic Place in
the Meridian Business Park:
P. Findings of Facts and Conclusions of Law for Approval: CUP 00-044
Request for Conditional Use Permit to construct a 4, 125 s.f. tilt-up
concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele
in a Flood Plain Overlay District currently in an I-L zone - North Baltic
Place in the Meridian Business Park:
Q. Findings of Facts and Conclusions of Law for Approval: CUP 00-042
Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant
with a drive-thru window by Greenstar Foods and TFCM currently in an I-L
zone - located on Pad P-3 at the Meridian Crossroads Center:
R. Findings of Facts and Conclusions of Law for Denial: V AR 00-020
Request for a variance for the reduction of landscaping requirements to
allow new construction site to match existing and as typical for the area
and subdivision for Seven Gates by Darol Forsythe / Seven Gates
Properties - Lots 8, 9 and 10 of Block 1 of the Layne Industrial Park:
S. Findings of Facts and Conclusions of Law for Approval: VAR 00-019
Request for a variance of the required size and number of trees from 37
three-inch Caliper trees to 27 two-inch Caliper Trees for The Bower
Street, LLC - southwest corner of Bower Street and East 5th Street:
T. Findings of Facts and Conclusions of Law for Approval: PFP 00-002
Request for preliminary / final plat approval for. proposed Presidential
Subdivision by Developers Diversified / Dakota Company with three
building lots on 10.99 acres in an I-L zone - southeast corner of
Presidential Drive and Eagle Road at the Meridian Crossroads Center:
U. New Beer and Wine License: Request for new beer and wine licenses
by Steve Haumann for WinCo Foods - 1050 South Progress Avenue:
v. AZ 00-017 Development Agreement - E.L. Bews: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
w. AZ 00-017 Development Agreement - Chandos Hoaglun: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
x. AZ 00-017 Development Agreement - Youngs Land, Ltd: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Meridian City Council Meeting
October 312000
Page 4
Development Co., LLP, for proposed Bridgetower Subdivision - north of
Ustick Road and east of Ten Mile Road:
Corrie: Council, you have the Consent Agenda in front of you. What would you
like to do?
Bird: Mr. Mayor, on the Consent Agenda, Item D we need to table to October 17,
2000; Items E, F, G, H, I, J, K, L, M and N also need to be tabled to October 17,
2000. With that, I would move that we approve the revised Consent Agenda.
Anderson: I would second that.
Corrie: With those corrections and additions, any discussion? Hearing none,
roll-call vote, please, Mr. Clerk
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Corrie: On the regular agenda, it won't be a long meeting tonight, but just for the
people that might be in the audience that are here for the Item No.3, the
continued public hearing on the Waltman Court Subdivision, that has been
requested that we continue that public hearing until the 17th of October, and also
Item No.5, the request for final plat approval by Packard Estates Development,
that has been requested to be taken up on November 8th rather than tonight. So
we will be hearing Items 2, 4 and 6 plus the department reports.
Item 2.
Ordinance No. 892: Request for annexation and zoning of 52.90
acres from RT to R-4 by Primeland Development Co., LLP, for
proposed Bridgetower Subdivision - north of Ustick Road and
east of Ten Mile Road:
Corrie: So 1'1) open up the Ordinance No. 892, that's a request for annexation
and zoning for Bridgetower Subdivision, and I'll ask the City Clerk to read
Ordinance No. 892 by title only at this time.
Berg: Thank you, Mayor, members of the Council, Ordinance No. 892: An
Ordinance finding that certain land to be known as Bridgetower Subdivision lies
contiguous or adjacent to the City limits of the City of Meridian, County of Ada,
State of Idaho; and finding that the owner has made a request for annexation in
writing to the Council; and that said land be annexed into the City of Meridian and
zoning designated low density residential district (R-4); and declaring that said
land by proper legal description as described below be a part of the City of
Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions,
orders or parts thereof or in conflict herewith; and directing the City Engineer to
add said property to the official maps of the City of Meridian, Idaho, and directing
Meridian City Council Meeting (
October 3,2000
Page 5
the Clerk of the City of Meridian to file a certified copy of the Ordinance and map
of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and
Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho
Code Section 50-223 and Section 63-2215.
Corrie: Okay, you've heard the reading of the Ordinance No. 892 by title only. Is
there anyone from the audience that would like to have this Ordinance read in its
entirety? Hearing none, I'll entertain a motion on Ordinance No. 892.
Anderson: Mr. Mayor, I would make a motion for Ordinance No. 892, a request
for annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Company, LLP, for proposed Bridgetower Subdivision with
suspension of rules.
Bird: Second.
Corrie: Motion made and seconded to approve Ordinance No. 892 with
suspension of rules. Any further discussion? Hearing none, roll-call vote,
please, Mr. Clerk.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Item 4.
CUP 00-041 Request for a Conditional Use Permit to construct a
Fred Meyers Gas Station facility with a canopy, five multi-product
gas dispensers, cashier's kiosk and parking lot improvements in a
C-G zone by Barghausen Consulting Engineers - Fairview Avenue
and Locust Grove:
Corrie: Moving to Item No.4, this is a request for a Conditional Use Permit-
De Weerd: Mr. Mayor, would you like us to move on Item No.3?
Corrie: Yes, please.
Item 3.
Continued Public Hearing from September 19,2000: PP 00-014
Request for Preliminary Plat approval of 5 building lots and 1
other lot on 8.29 acres for proposed Waltman Court Subdivision
by John and Sandra Goade - Waltman Lane and SW 5th Street:
De Weerd: Mr. Mayor, I move that we continue the public hearing on the
preliminary plat for Waltman Court Subdivision until October 17th.
Meridian City Council Meeting (
October 312000
Page 6
Bird: Motion made and seconded to have Item No.3, the continued public
hearing moved until October 17th. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 4.
CUP 00-041 Request for a Conditional Use Permit to construct a
Fred Meyers Gas Station facility with a canopy, five multi-product
gas dispensers, cashier's kiosk and parking lot improvements in a
C-G zone by Barghausen Consulting Engineers - Fairview Avenue
and Locust Grove:
Corrie: This is the CUP 00-041, request for Conditional Use Permit to construct
a Fred Meyer Gas Station facility with a canopy, five multi-product gas
dispensers, cashier's kiosk and parking lot improvements in a C-G zone by
Barghausen Consulting Engineers, Fairview and Locust Grove.
Stiles: Mr. Mayor, and Council, this is a request for a gas kiosk with a canopy
and gas station, I guess. Next to it would be in between McDonald's, the
Subway, Bruegger's Bagels area south of the Fred Meyer on Fairview Avenue.
They had some concern from McDonald's because of the congestion of the area
now. They responded by bringing in another plan that shifted the site
approximately 150 feet to the east. It's a little difficult to tell from this site plan.
It's real difficult to read. I believe this would be the Subway, the Bruegger's
Bagels over in this location. McDonald's would be over here, and this would be
where the actual pumps are with the canopy and the kiosk located here. There
was some discussion about the signage. I don't see in this recommendation
what their final decision was on that signage, but it would need to be decided as
part of this Conditional Use Permit. Since this is a commercial zone, it is not a
public hearing today, but Findings of Facts and Conclusions of Law would need
to be prepared on this application. The applicant has made a request, you may
have a copy in your packets, it was received today. It is in regard to Item 1.23 of
the Recommendations of the Planning and Zoning Commission. The way this is
worded, it actually makes it a requirement that the storm water shall be pre-
treated through a grassy swale. The applicant has requested that a change to
the wording that it be allowed to - that the storm water be allowed to be treated
under another method upon approval of the City Engineer. If they're going to
have a grassy swale, they're going to have to incorporate it as part of the parking
lot or have to rebuild some of the existing landscaping along Fairview Avenue,
and that's the reason that they have made that request. This is the landscape
plan that was submitted with - they will be adding some landscaping but would
be (inaudible) what is taken out. Some of it be additional landscaping. This is
the area that is currently being occupied by some kind of snow shack or
something out there now. With that, I have no further comments, and the
applicant is here to answer any questions you' may have.
Meridian City Council Meeting (
October 3,2000
Page 7
Corrie: Any questions of staff? The applicant here this evening?
Ferko: Chris Ferko, Barghausen Consulting Engineers, and our company's
based in Kent, Washington. I guess real briefly, kind of an impromptu overview
of the project, help things out here a little bit. What Fred Meyer is proposing is a
gasoline facility at this location. (inaudible) store of the Pacific Northwest
including Idaho, Washington state and Oregon. The idea is to provide an added
benefit there for people who go and shop at Fred Meyer. The facility itself is not
like a convenience-store-type of gas station. It's a very simple project with a
canopy over five fueling dispensers, and there's a small kiosk where an attendant
will sit and accept cash payments, but it will also be fully automated to accept
credit-card payments at the pumps. The idea, like I was saying, is to provide
Fred Meyer customers with the added benefit to buy gasoline as well. As such,
the actual amount of trips and traffic is really low because the people that go to
the gasoline facility are the people who are already on the way to Fred Meyer or
are already on the road network on the way to another destination perhaps inside
this 40-acre development. The - we have worked closely with staff on the
project. The project is consistent with all (inaudible) code standards and parking
landscaping setbacks. It is also consistent with the Comprehensive Plan. Also,
the owner is supportive of this project. Being that, we have read the staff report,
and outside of that one minor alteration to that condition of approval, we support
the staff report and request your approval this evening. I can answer any
questions you have.
Anderson: On the signage issue, we have been through it a couple of times with
other businesses that have gone in out there, and (inaudible) landscaping out
front with monument signs. What is your proposal for signage? It looks like
you're positioning this back behind the existing bank on Locust Grove.
Ferko: It can be and will be somewhat hidden by the bank. We're not proposing
a monument sign or any type of freestanding sign with this project. We're
proposing two of what's called the FM Fuel Stop logo signs on the north and
south side of the canopy. We proposed to the Planning and Zoning Commission
last time to put fuel-price signs on all four sides of the canopy.
Anderson: Are those illuminated, then?
Ferko: They're internally illuminated somewhat to a cabinet-type sign. The - it's
not an automatic or (inaudible) type of sign or a - what it is is a scrolling sign in
which there is actually a silkscreen type of material inside. I'm talking about the
price signs right now. That scrolls inside and the numbers roll over and can be
changed by remote control. In terms of the illumination inside the price signs, it's
the same as the normal illumination on the cabinet sign that you find on any
commercial building. The same is true for the FM Fuel Stop sign.
Meridian City Council Meeting
October 3,2000
Page 8
Anderson: What kind of lighting do you have around this existing facility because
you are fairly close to some residential areas on that side, too.
Ferko: The lighting on the canopy is all the lighting that would be needed for the
facility, and it would project downward. The lighting is actually imbedded into the
canopy itself, and the lenses will be in such a way that the lighting is directed
downward. The lighting does not spill outside of about more than 20 feet of the
canopy area. The lighting would be all directed straight downward.
McCandless: Mr. Mayor. Are the hours are operation the same as Fred Meyer's:
7:00 to 11 :OO?
Ferko? The hours of the operation will be 24 hours. It will be during the daytime
(inaudible) staffed by an attendant during Fred Meyer's hours. It will be a
(inaudible )-type facility.
Anderson: Mr. Mayor, one more question. The entryway and exit off of Locust
Grove, how far back from that intersection is that?
Ferko: I believe it's - I want to say it's about 150 feet; maybe 125 to 150 feet.
don't have the exact number right now.
Bird: Mr. Mayor. You're using the existing entrance right past, just east of
McDonald's, aren't you?
Ferko: We're using the entrance that would be next to the Texaco. I'm sorry, the
Chevron. Right there. The facility was originally proposed near the McDonald's
store, but the Planning board had a comment to be located more toward the east.
We complied with that and agreed with them and moved it over to the east.
De Weerd: So the entrance is by the Subway.
Ferko: That's correct.
Bird: And it's east and west exit there through the pump station, through the
pumps?
Ferko: More of a north and south direction.
Bird: Okay. Getting pretty tight.
De Weerd: Now, how many .parking spots are you eliminating by that?
Ferko: The exact amount I'm not sure, but I do know that we are in compliance
with the parking code. There will be plenty of parking out there. It's a 40-acre
development. Unlike other developments that may have proposed gas stations
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October 3,2000 \
Page 9
where they only have their parking lot like five-acre developments, something
like that, this is a 40-acre development and will have plenty of parking. In fact,
we'll provide parking again to code standards once it is built.
De Weerd: I notice there are a lot of people in the Subway - in the building there
park where you're proposing this gas station.
Ferko: I think to a degree that is true, but what we tried to do is situate it away
from the Fred Meyer store where there are more cars that park in that general
area; trying to get to the least utilized parking area, trying to take those away
from the site. So we tried to pull it away from all the buildings as best we could in
order to conserve the primary parking spaces on the site. Yes, indeed, there are
some parking spaces along that isle way that they could occupy as well if they
went to the Subway store.
Bird: Mr. Mayor, not having a current site deal, the one we got shows it over next
to the McDonald's. Have you got a more current one? I've got a real question
on how they're going to get in and out of there north and south without really
bottling up your parking, the people coming through on the parking. We're back
to the same old adage: trying to put a lot of cars through there in a little area.
Stiles: The plan up on the screen is the new site plan. I apologize for the quality
of that.
Bird: That's the landscape plan.
Anderson: It doesn't tell us -
Bird: It doesn't give us a thing about the site.
Ferko: If I could interject, cars would enter in off of the main road through the
facility and typically people fuel up first before they go shopping in the Fred
Meyer store, so they would enter in off the main road, proceed to the pump
islands and fuel up in the north-south direction and move straight ahead into the
parking area. The isles are oriented in a north-south orientation.
Bird: I realize that, but with the parking, one runs up the isle, but the other one
doesn't. The other one runs right down the middle of the parking on ours, the
one that we've got.
Ferko: (inaudible) enough room for cars to be able to move (inaudible) -
Bird: Is that wide open - isn't there a planter or something?
Ferko: No, it's wide open.
Meridian City Council Meeting (
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Page 10
(
Bird: So you can immediately turn?
Ferko: Yes.
Bird: And you're going to basically have to.
(inaudible discussion amongst Council members)
Ferko: Cars don't need to make an immediate left. They can drive a little bit
beyond it, past the canopy and make a left and they can go a reverse direction.
It's not a one-way type of situation.
Bird: That's what I'm saying. At that point, you've got people that could be
shopping coming down there, parking, and you're going to get some north and
south and east and west - that will create some congestion, I believe. At least by
the site plan we've got.
Anderson: Should have one new one -
Bird: That's not next to McDonald's. It should be over there next to the corner.
De Weerd: It isn't changed (inaudible) but it is changed on this.
Ferko: I can pass this around, show the parking spaces. Again, I would stress
that if people are already one their way in to park in the parking lot, and they
would fuel up first, so it's not like they're going to be entering any additional traffic
to the site. The majority of the traffic - people are already going to go there
anyway. They would just essentially make a pathway through the facility to the
parking.
Corrie: Question. Is gasoline normally cheaper than the others in town?
Ferko: it's hard to say. They would buy the gas off the rack like all the other
sellers would. It just depends on the price of gasoline at the time they would sell
it at. I would say that generally the price range is roughly, in between, according
to the Area prices, and maybe sometimes lower than like the Chevron and the
Shells and whatnot.
Corrie: You said that they were coming in just because they were shopping at
Fred Meyer. If the price were the same as everybody else, I would tend to
understand that, but if it's going to be less, you're going to have more cars in
there than shopping at Fred Meyer.
Ferko: A lot of cars might come in just to fuel up. Most of those cars are usually
on the road network anyway, and they would be what's called pass-by trips.
Meridian City Council Meeting (
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Page 11
They would fuel up and get back on the network and continue on their way. So
it's - the impact on the road network, that's kind of a nominal amount.
Bird: That canopy is shown as 11-foot off of the edge of the entry road there; is
that right?
Ferko: I believe that's correct.
Bird: I, too, agree like the Mayor. You're going to get a lot of cars in there just to
gas up for the shop. I think you're going to increase the - I think it's a lot better
than being over by McDonald's, but you still have walk-in traffic to worry about in
the parking lot.
Ferko: We'd be happy to provide an analysis of that, Council, if you wish, at a
future date.
De Weerd: So is your canopy going in next to that isle of entry?
Ferko: No, it's not. It's 11 feet off of that.
Bird: It's 11 feet off of the edge of the road.
Ferko: Not too different than other gas stations in which cars have to flow freely
around the canopy. Again, if (inaudible) additional analysis of traffic is requested,
we'd be happy to work with you on that or anything else that you think - if
additional analysis on that, we'd be happy to -
Corrie: Gary, on that 1.23, storm water, what type of program are they asking for
upon your approval?
Smith: Mr. Mayor, Council members, that comment that they're referring to is a
standard comment that Central District Health Department makes on their review
of all proposed drainage systems. What we have been doing is following what
we call best-management practice. When this type of installation is available for
construction, then that is an optimal procedure for storm water. Where that is not
available through the landscaping of a site, then we simply go to the best-
management practice which would be sub-surface disposal field preceded by a
sand and grease trap
Corrie: Any further questions?
Bird: I have none.
Corrie: Thanks. Council, discussion?
Meridian City Council Meeting (
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Page 12
Bird: Mr. Mayor, I've got some concerns about the traffic safety. We've had two
or three of these come through in wanting to put in existing shopping centers.
This one is the larger one. This is the same shopping center that we, because of
traffic control, turned down a drive-thru window in another location. I think we
need to think long and hard on the safety of people walking in around the deal.
In regard to what they say, there are going to be a lot of cars. If their gas is even
close to the surrounding gas stations, there are going to be a lot of cars in there
just gassing up. It's going to definitely put more traffic in that shopping center, in
that parking lot. It is 100 percent better than where it was. That's all I'll say
about it. I think we need to think about the safety.
Corrie: Any other comments?
Anderson: Mr. Mayor, I guess I would just comment, too, when we look at these
projects that we look at how it's going to benefit the community. We have
already a gas station just a few hundred feet across the way just from this, and I
think with the increased congestion like we all talked about, I mean, the one
entrance by McDonald's right now is pretty difficult to get into when you're
coming from the west end to the east with the concrete barrier in the middle of
the road with the turn-way and stuff already. I know a lot of people are going to
be using that entryway to get into it even though the other one is closer. I guess I
do question the wisdom of this project. Other than to put more money in the
pocket of Fred Meyer, I don't see where this benefits the community any and will
create additional traffic and congest that parking area even more than it already
is.
Corrie: Okay, any other comments? Mr. Nichols.
Nichols: Mr. Mayor, members of the Council, just a reminder that because this is
a request for a permit that if you were to deny the permit, you need to explain the
reason for the denial, and you must also inform the applicant what it would take
to get the permit approved.
Corrie: Any other comments? Okay. Hearing none, are you ready to vote?
Okay. I'll entertain a motion on the request for a Conditional Use Permit for Fred
Meyer Gas Station, No. CUP 00-041.
Anderson: Mr. Mayor, I'll take a stab at a motion to see where it goes. I would
make a motion that we deny this Conditional Use Permit for Fred Meyer to
construct a gas station on their facility. The reason being is I do not feel that the
property in this particular case is large enough to accommodate this facility. I'm
not sure that at any point in the future I could support such a project with the way
this is already being developed out with all the pad sites.
Bird: Is that your motion? Anything to add? 1'(1 second it.
Meridian City Council Meeting (
October 3,2000
Page 13
Corrie: Motion made and seconded to deny the Conditional Use Permit, CUP
00-041, Fred Meyer Gas Station with the comments made. Any further
discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Corrie: Do we need a motion, then, to have the attorney draw up the Findings of
Facts and Conclusions of Law? What else do you need, Sir?
Nichols: Mr. Mayor, members of the Council, I guess I would appreciate some
discussion on the part of the Council if this were moved behind the - is there any
place on this site that this could be placed that would alleviate your concerns with
regard to the issue so that the applicant could know that in order to get approval
it would have to be placed somewhere else; that you at least talk about that
issue. As I understand that motion, the concern is that they're already at - pad
sites, at least along Fairview Avenue, that it congests further traffic off of Fairview
into that parking lot to add an additional high-traffic item such as a gas station
there. The question would be: Could it be located anywhere else on that site to
allow this applicant to gain approval?
Bird: Mr. Mayor. In my opinion, go back on the northeast edge of their deal.
They could have an in-and-Qut off of that road that continues around. I happen to
drive that Fairview Avenue at least two times a day, busy times, sometimes
more. It's real hard to get out onto Fairview Avenue from where they had
planned to put it. This way it would give them two deals; it would get it away and
up from the pad buildings where we shouldn't have as much foot traffic. That
would be my - I would want to state that my vote of denial with the location here
has nothing to do with how many other service stations or anything. That's
private enterprise. So that had nothing to do with the way I voted. I didn't like
the location, but if it was drawn up right in the northeast corner there and put in
the right place where they could have a couple of on-off entrances and exits on
that road that continues down, it gets us away and on and off the main
thoroughfare. It's farther away from the stoplight. That's my suggestion.
Anderson: I, too, could support the project if it were moved north of the existing
pad site. I don't know what that pad site is called, but it's where Bruegger's
Bagels and Subway is. If it was moved north of there and could be accessed off
the road that goes in and swirJgs behind Fred Meyer - is that called Loop Road?
Bird: Avest Road.
Anderson: I could support it in a location like that because there's so much
congestion that the entire facility with the majority of the pad sites, I think all the
existing pad sites have been sold or leased out - there's a tremendous amount
Meridian City Council Meeting (
October 31 2000
Page 14
of traffic, and it's very difficult to get into this shopping center. I shop there now.
I know what the access in parking is difficult, and I think the proposed location,
while it may be great for frontage for Fairview Avenue, but it is sure not going to
help the congestion. I would support it to the north and to the east with access
off of Avest, but not in the two locations where it's currently been proposed.
Corrie: Okay. I'll take a motion to that.
Bird: Mr. Mayor, I would make a motion that the applicant could resubmit their
fuel depot at the northeast part of their lot so that their entrances and exits are
off of Avest Road and bring it before the Council.
McCandless: I'll second that.
Corrie: Motion made and seconded. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: So, Mr. Nichols, you do the Findings of Facts and Conclusions of Law
based upon that. Thank you very much.
Item 5.
FP 00-018 Request for Final Plat approval for of 61 building lots
and 3 other lots on 23.02 acres by Packard Estates Development
for proposed Packard Acres Subdivision No. 2 - south of Ustick
between Locust Grove and Vintage Lane:
Corrie: Item No.5, Final Plat approval, FP 00-018. It has been requested to
move that to the November 8th meeting. Hearing that, I will entertain a motion.
Bird: Mr. Mayor, I move that we continue the request for final plat approval for
the 61 building lots and 3 other lots on 23.02 acres by Packard Estates
Development for proposed Packard Acres Subdivision No. 2 to November 8,
2000.
De Weerd: Second.
Corrie: Motion made and seconded to move No. 5 to November 8, 2000. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 6.
FP 00-019 Request for Final Plat approval of 91 .83 acres with 1 0
building lots and 1 other lot in an L-O and R-4 zone for Resolution
Business Park by G.L. Voigt and Overland, LLC, and Joint School
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October 3,2000
Page 15
District No. 2 - south of Overland Road and east of Locust Grove
Road:
Corrie: No. 6 is a final plat approval of 91.83 acres with 10 building lots and 1
other lot in an L-Q and R-4 zones for Resolution Business Park by G. L. Voigt
and Overland, LLC, and Joint School District No.2, south of overland Road and
east of Locust Grove Road. Staff comment first.
Stiles: Mr. Mayor and Council, this is for the property located east of South
Locust Grove Road and Overland Road. This would be the high-school site, new
high-school site. This area in this location would be the ice hockey rink and the
apartment complex that was approved in this location and some other associated
businesses. Staff did make a report, and you do have a copy of our comments.
We didn't really have any issues related to this subdivision and would ask that
you approve the final plat of Resolution Business Park with all staff and agency
comments.
Corrie: Thank you. Is the representative of this request here tonight?
Stiles: Ms. Bowcutt phoned and is ill and indicated that she couldn't be here
tonight.
Corrie: Do you have any idea that there's any problems with the conditions of
that?
Stiles: She indicated they were in agreement with all of our comments and has
no problems with it.
Corrie: Council, any problems or questions you might have?
Bird: I have none.
Corrie: hearing none, I'll entertain a motion on the final plat, FP 00-019.
De Weerd: Mr. Mayor, I move that we approve the request for final plat, approval
of 91.83 acres with 10 building lots and 1 other lot for Resolution Business Park
and for the attorney to draw up the appropriate order.
Bird: Second.
Corrie: Motion made and seconded to approve the request for final plat, FP 00-
019, Item 6. Any further discussion? Hearing none, Mr. Clerk, roll-call vote,
please. Ms. McCandless, did you have anything?
McCandless: I think I'm within protocol. I had voted against this in the beginning
and stated at the beginning that I just don't like all that building up there on that
Meridian City Council Meeting (
October 3,2000
Page 16
corner. It's going to be really bad. I have to be consistent with my votes that if
you don't have the roads in place, you shouldn't put all this development there.
I'm going to vote against it for that reason.
Corrie: Okay, any other comments?
Roll-Call: Bird, aye; de Weerd, aye; McCandless, naye; Anderson, aye.
MOTION CARRIED: THREE AYES, ONE NAYE
Corrie: I believe we've had the City Treasurer's Report. The Parks and
Recreation Director has requested that No. 1 of his be moved to the October 17th
meeting.
Item 7.
Department Reports
B.
Parks and Recreation Director - Tom Kuntz:
2. Storey Park Irrigation System Bids:
Corrie: Storey Park. Ms. De Weerd, you wanted to finish that one up for him.
De Weerd: Mr. Mayor, I move that both bids be rejected and the project be re-
advertised for the Storey Park Irrigation Bids.
Bird: I'll second that.
Corrie: Motion made and seconded to reject bids on the Storey Park Irrigation
System. Any further discussion?
Bird: Mr. Mayor, to re-advertise and re-do this, we need to be fair to everybody
and - are we going to be changing some things to get it down closer to budget?
What we had gotten, the conceptual bid from the landscape people, architect on,
we used stuff different than we specified in the bid. It's not fair to bidders to
spend their time bidding a job and then turn it down and turn around and re-bid it
with the same specifications and stuff, and I think you will find that the longer you
bid it - Tulley Park is a good example. From one month ,we went from $704,000
to $738,000 in bids. What are we going to do, for Tammy, are we going to
change the specifications and try to get down to the budget or what?
*** End of Side 1 ***
De Weerd: -- mentioned that the parks superintendent did evaluate this and has
modified some of the items. They have had to change the location for the pump
house which wasn't in this original bid. That's alii can tell you.
Meridian City Council Meeting (
October 3, 2000
Page 17
Bird: Why can't we have some value and engineering done by some of these
nurseries and some of these bidders? You specify one thing and maybe it's very
popular by name, but also you pay the price. It may be the same product but a
different name. It does the same thing and is half the price. I think that's
something that you and Elroy and Tom need to sit down with the people who
drew the plans for us and see if there is some stuff in there like that, Tammy, that
would help us to get it down closer to budget. The same performance product.
Anderson: Mr. Mayor, I just had a comment. I somewhat agree with Councilman
Bird that usually the bids tend to go up, but when I read comment No. 5 on the
letter from Elroy, what concerns me is that it seems like this whole project is a
little bit premature knowing that we have some major road construction along
Franklin Road in the year 2003 that if we spend a lot of money on this sprinkler
system and especially the positioning of this pump where it is now, that's all
going to have to be torn out and redone in two years' time. So I think it would
behoove us to reject these bids at this time, have the Parks Director or Elroy
work with Nampa Meridian Irrigation District to see if we could find a more
permanent location where we wouldn't have to move that pump, and then maybe
even consider that the area that's going to be next to Franklin not be put in the
initial bidding project and make that as a second phase so that after that work is
done, then that construction can be done and it only has to be done once and not
torn out two years after it's put in. That may (inaudible) the costs, too.
De Weerd: Mr. Mayor, I believe currently the pump is not adequate for an
irrigation system. It would have to be replaced regardless. That's why he wants
to back this up and find that location. I think you had designated one that he
feels comfortable with, and he, I believe, has been working with the consultant
that we have working on preparing the bid.
Nichols: Mr. Mayor, members of the Council, I think - the motion is to re-
advertise which implies the contract, the proposed contract with the proposed
scope of work is the same to be re-advertised, and what we heard from Mr.
Kuntz is that it really needs to be a different scope of work because of the
change of the pump location. It would be my recommendation that the motion be
amended to essentially reject all bids and the Parks Director will have to come
back with a revised project.
De Weerd: I would amend my motion to reflect that.
Bird: I'll second that.
Corrie: Motion made and seconded to the amended motion to reject the bids.
Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting (-
October 3,2000
Page 18
3. Brick Pavers at Generations Plaza II:
Corrie: No.3, brick pavers in Generations Plaza. This was a request to have the
Council approve the set price of $100 per brick and the new 336 engraved brick
pavers on the two new walls. Any discussion?
Bird: Mr. Mayor, this is basically the same price that most people paid for the
bricks on the first round. I would certainly make a motion that we - I believe the
Parks and Recreation Commission, with Tom, has set this price, and I would
make a motion that we approve the new Generations Phase II engraved brick
pavers at $1 00 a brick.
De Weerd: Second.
Corrie: Motion made and seconded to approve the sale price of the bricks at the
two new walls at the Generations Plaza II of $100 a brick. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
C. Mayor Robert D. Corrie:
1. Lakes at Cherry Lane No.8 Land Swap:
Corrie: Item C, No.1, Lakes at Cherry Lane No.8 land swap.
De Weerd: Mr. Mayor, I would like to excuse myself from this item, please.
Corrie: That's fine, but I guess you have your reasons. We don't know what it is,
but that's fine.
Anderson: Do you have to declare your reasons? I never knew the answer to
that question.
Corrie: I don't think you do. I think you just have to ask for the Council's
approval.
De Weerd: I just want to excuse myself from this item.
Bird: According to the State Code, you have to declare a reason as I understand
it.
Nichols: Councilwoman de Weerd, do you perceive some sort of conflict of
interest here or something?
De Weerd: Yes, I do. I do have a conflict.
Meridian City Council Meeting (
October 3,2000
Page 19
Corrie: Does Council approve?
Bird: I approve.
Anderson: Sure.
Corrie: The request is Cherry Lane's - Mr. Nichols, you can give us the why-tos
and why-fors the way it is now.
Nichols: Mr. Mayor, members of the Council, Mr. Bradbury is here representing
Steiner Development. This is a piece of property along the golf course that
involves two pieces of property. One Currently by Steiner Development which is
not usable by Steiner Development in any of its lots available for sale, and a
corresponding piece which is not usable by the golf course which is City property.
Steiner Development has proposed an exchange whereby the City land would be
exchanged for the Steiner Development Land. The Steiner Development land
could then be used in connection with the golf course in connection with the new
club house, and an appraisal has been done at the expense of Steiner
Development to appraise both parcels and the proposed exchange agreement
seeks to make up the difference in value between the two by supplying tile in
order to pipe a ditch, I believe the Hunter Lateral, but to pipe a ditch so that then
the values are equivalent. The golf course would then sue that property with the
ditches tiled as part of their parking lot for their off-street parking for their
clubhouse. So this proposed exchange agreement sets out the terms of the
proposed exchange; the Council still has to have a public hearing on the
proposed exchange; would still have to vote on the appropriateness of the
exchange in connection with an Ordinance; there would still have to be a 50-day
delay before the Ordinance became effective that would authorize the transfer of
the properties. The exchange agreement provides that Steiner Development will
pay the cost of the appraisal and the cost of title insurance on both parcels and
essentially the City's not out of pocket anything in connection with this exchange.
Again, the value equivalency is made up by supplying underground tile for a
ditch.
Corrie: Do you have the Exchange Agreement there?
Nichols: Yes.
Corrie: I don't think we have it.
Nichols: That's my fault, then. Let me go down and give you the gist of it. It
describes in the Agreement the two parcels, and then it describes that the
additional consideration which makes the exchange equal is 152 feet of 48-inch
diameter concrete pipe meeting the specifications of the Nampa Meridian
Irrigation District, and it's to bury a portion of the Eight Mile Lateral. The
exchange would be contingent upon the following conditions: Approval for the
Meridian City Council Meeting
October 3, 2000
Page 20
exchange by the Meridian City Council in conformance with the requirements of
Chapter 14, Title 50 of the Idaho Code; each of the properties to be exchanged
shall to the reasonable satisfaction to the parties be determined to be free from
any environmental or biological contaminates; receipt by the City of consent to
the exchange by the City's tenant, Cherry Lane Recreation, Inc.; receipt by the
City of approval for the exchange and the future use of the real property to be
exchanged by the City for residential purposes from Western Ada Recreation
District, the City's predecessor in title to the real property to be exchanged by the
City; approval by the City of an application made by Steiner Development to
incorporate the real property be required by Steiner Development pursuant to this
Agreement and into those lots in the proposed Lakes at Cherry Lane Subdivision
No. 8 which are adjacent to the real property to be acquired by Steiner
Development and add an additional residential building lot between Lots No. 57
and 58 as depicted on the plat and the preliminary plat of the proposed Lakes at
Cherry Lane No. 8 which said approval may be conditioned upon the closing of
the exchange transaction contemplated (inaudible). In other words, if it receives
conditional approval on that, there is a condition that there is an appraisal to be
exchanged made by qualified real estate appraisal. That's already been done.
Closing would take place at Pioneer Title in Boise. The property would be by
warranty deed. There would be title insurance paid for, as I said. Either party
can have an environmental assessment if they (inaudible) boiler plate terms in
the Agreement.
Corrie: Everyone understand that we can approve the Exchange Agreement and
then we need to schedule a public hearing?
Nichols: That's correct.
Bird: Mr. Mayor, I move that we approve the Exchange Agreement between
Steiner Development and the City of Meridian for a land swap at the Lakes at
Cherry Lane No.8, for the Mayor to sign and the Clerk to attest.
McCandless: I second.
Corrie: Motion made and seconded to approve the Agreement. Is there any
further discussion?
Anderson: Mr. Mayor, I would just like to ask one thing that shows me the piece
of land and the other piece we're exchanging so that I can visualize it. I'm having
a hard time understanding where it is and why we're swapping. I understand the
152 feet of 48-inch pipe pretty well, but I want to know where that's going.
Nichols: Mr. Mayor, Councilman Anderson, members of the Council, as part of
the public hearing, that would be part of the hearing to show you where the
property is now that the City owns. I know that you can expect to have probably
Jennifer Lovan or Mr. Holloway at the hearing to explain what they would do with
Meridian City Council Meeting (
October 3,2000
Page 21
this piece. At the public hearing all of this - I want you to understand that. Also
that approval of this Agreement does not necessarily pre-commit the Council to
approve the exchange. All it does is set into motion the process, and you still
reserve the right to say yes or no and to have all that information at the public
hearings.
Anderson: Thank you.
Corrie: Any further discussion? Okay. All those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSTAINED
Corrie: Can we set that for November 8th? Is that too soon? Okay. Then we'll
set that at the public hearing time. Okay.
Anderson: (inaudible)
Corrie: As a matter of fact, there is a map. I've seen it.
Bird: All you have to do is go out there, and Wally will walk you around it.
Nichols: Mr. Mayor, members of the Council, I would caution anybody about
some kind of ex parte contact in connection with anything like this unless you're
prepared to disclose it on the record.
2. Blood Draw Agreement:
Corrie: Okay. Item 2 I had was the EMS Contract. Council, you have the
contract; you've seen it. Both Council and Chief of Police have given their okay
on it. Any further discussion? Hearing none, then, I'll entertain a motion to
accept the agreement between the Ada County Emergency Medical Services
and the City of Meridian for $300 per draw which includes all testifying in court
should it be done.
Anderson: Mr. Mayor, I would make a motion that we approve the Blood Draw
Agreement between Ada County and the City of Meridian for the next fiscal year
from this date to September 30,2001.
Bird: Second.
Corrie: Motion made and seconded to approve the Ada County Emergency
Medical Services Blood Draw with the City of Meridian. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
October 3,2000
Page 22
3. Appointment of Planning and Zoning Commissioner:
Corrie: The third I had was the appointment of a new Planning and Zoning
Commissioner. I gave you all the information of the background on Jerry W.
Centers, the Vice President and Regional Manager of M & T Mortgage
Corporation. In talking with the Planning and Zoning Commission Director, we
had a meeting with Mr. Centers, and we both agreed that he was probably the
one that we need to make up the Planning and Zoning Commission. We have a
lawyer, we have an architect, and we have a lady on there that's a public
administrator. My recommendation to the Council is to place, for appointment, is
Jerry W. Centers of Meridian. He does qualify with the time. Thank you.
Bird: Mr. Mayor, I move we approve your appointment of Mr. Jerry W. Centers to
the Planning and Zoning Commission.
McCandless: Second.
Corrie: Motion made and seconded to approve Mr. Jerry W. Centers as a
replacement on the Planning and Zoning Commission. Any further discussion?
Hearing none, roll-call vote, please, Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
D. City Engineer - Gary Smith:
1. Request to hook up to City sewer outside City limits by
Marvin Werth:
Smith: Thank you, Mr. Mayor, Council members. The first item is a request for a
county resident to connect to the City sewer. The resident is Marvin Werth
located at 2150 South Locust Grove Road. During the week of September 15th,
Bruce Freckleton, one of my assistants, received a telephone call from Mr. Werth
or his representative indicating that he was experiencing a septic-tank drain field
failure, and that he was in a serious situation and needed to connect to City
sewer which is in existence in Locust Grove Road. Bruce Freckleton, my
assistant, followed up on that request with a conversation with Mayor Corrie and
each Council member about the situation and was verbally given unanimous
approval to allow this party to connect ahead of a formal approval by you at a
Council meeting. Mr. Werth subsequently submitted a letter of request that is
dated September 13th to Meridian City Council attention City Clerk Will Berg. Mr.
Werth, according to Bruce Freckleton's memo has paid the assessment fee and
was proceeding with sewer connection to alleviate the problem. He was
informed that of the possibility of an annexation request of City Council as part of
the agreement to connect and the possibility that they also may need to connect
to the City water system. Typically I have found in situations where County
residents have experienced a septic tank or drain field failure, the Central District
Meridian City Council Meeting (
October 3,2000
Page 23
Health Department who has jurisdiction over these types of installations will not
issue a replacement permit if the subject property is adjacent to a municipal
sewer and are able to connect. We ran into that situation several times in the
past. So the replacement of the system under Central District Health's
jurisdiction I don't believe was an option with the location of the City sewer.
2. Request to hook up to City sewer outside City limits by
Jerry Frank:
Smith: The next Item, No.2, is Mr. Jerry Frank, and it's an identical situation. In
fact, apparently, the homes are within a stone's throw from one another on
Locust Grove. Same conversations took place between Mr. Freckleton and you
folks on the Council and Mayor Corrie and also with the applicant Mr. Frank. So
typically what we've done on other requests to connect has been the request for
the property owners to enter into an agreement with the City of Meridian
concerning the conditions of the connection; of course, those conditions originate
from your decision on the approval or not. In this case, as I mentioned early on,
it was a failure, apparently, of the system, the on-site system.
Bird: Are they contiguous to the City now, Gary?
Smith: I think they're right across the street from Sportsman Points. I'm not
absolutely sure, but it's - when we went down Locust Grove, I believe this is the
situation, and I think Mr. Werth's here. Sewer line was installed in Locust Grove
Road, and there were some service lines stubbed to the property in the County
anticipating at one point that they may need sewer service and/or would be
annexed into the City, and we wouldn't have to disturb the streets to make the
connection. I think Mr. Werth is here this evening if you have any questions of
him.
Corrie: Mr. Werth, did you have any questions?
Anderson: Mr. Mayor, I have a question. Is the applicant requesting not to
annex or just not to hook up to water?
Smith: Mr. Werth -
Werth: Not to hook up to water at the present time. We really can't afford it right
now because we put in the sewer and it cost about $3,000. We would like to
have at least a year and-a-half to get enough availability of the funds to hook up.
Our well is real good. We got a new pump about two years. The water is real
good for our property.
Anderson: And do you have any problem with annexation?
Werth: No. There wouldn't be a problem on that.
Meridian City Council Meeting (-
October 3,2000
Page 24
Bird: Mr. Mayor, if we annex, though, we would have to have a variance or
something or he would have to hook up to City water; is that right?
Smith: Yes, sir.
Bird: So what we've done in the past is just, correct me if I'm wrong - what
we've done in the past on something like this is hook up to the sewer and ask
them to make an application for annexation?
Smith: Yes.
Bird: And it doesn't have to be enacted on at this point, right? When they're
contiguous? Once they annex into the City, they're going to have to go to the
water. He's saying it's a hardship right now to go with the water.
Smith: Unless you grant him a variance.
Bird: Unless we grant him a variance. Have we ever done that?
Smith: Yes.
Bird: I don't recall (inaud ible).
Corrie: Mr. Anderson.
Anderson: Gary, how would we figure the sewer rates? That's normally based
on water consumption.
Smith: Yes. We would just set a flat rate based on the minimum. I suspect Mr.
And Mrs. Werth are the only residents in the home? Correct?
Werth: Yes.
Smith: So we would just establish a minimum 7500 gallons a month which is
what our minimum is. The bill would be based on that. I should sayan average
residential, single-family residential unit not be minimum, but that's our average
residential unit in the City of Meridian, and the sewer bill would be based on that
gallonage.
Bird: Gary, does Mr. Frank want the same? Is that what he wants? The same
as Mr. Werth?
Smith: I don't know. We don't have a formal letter from Mr. Frank.
Bird: That's what I'm saying. We didn't get a letter from him.
Meridian City Council Meeting (
October 31 2000
Page 25
Smith: All I have from him is a memo from Bruce Freckleton that says he has a
septic tank drain field failure, and we need to have a letter. Up to that point he
would be required to connect to - make application for variance from the
Ordinance req1 uirement. Correct. Yes, sir.
Anderson: What is the water-connection fee? How much?
Smith: Water connection fee is $704. Sewer-connection fee is $1580 for a
property that is within the City limits. Excuse me. Inside or outside. It doesn't
matter. Plus, on the water, there's a cost for installing a meter tile yolk and I
don't think we stubbed the water services. We didn't. We stubbed the sewer
because of the depth. We didn't stub the water service over. So there would be
an additional cost of constructing a service, installing a metered tile, a yolk -
Werth: I would say about $4,000.
Anderson: Are there several other houses in this area? If we have two side by
side, are there others that are right there that are in this same age that -
Smith: Yes, sir. There's probably a half dozen or so homes that Mr. Werth could
probably tell you exactly how many there are.
Werth: There's about five.
Smith: Maybe three other homes, Mr. Werth, beside yours and Mr. Frank's?
Werth: Yes.
Bird: So, really, Mr. Mayor, Gary, Jerry Frank hasn't formally made an
application other than talking to Bruce as it went down?
Smith: That's the infor~ation I have, Councilman Bird, yes. Correct.
Bird: And he has stated that he wants to hook to the sewer the same as Mr.
Werth?
Werth: We have already hooked on to it.
Bird: Okay.
Smith: These were emergency situations. We have done this before when this
was a failure and there wasn't an alternative.
Corrie: Any further discussion? ('II entertain a motion on the request to hook up
to City sewer by Marvin Werth and Jerry Frank.
Meridian City Council Meeting (
October 3, 2000
Page 26
Bird: Mr. Mayor, I move that we approve the sewer hook-ups for Mr. Werth and
Mr. Frank and that we require that they place an application for annexation to the
City of Meridian.
Corrie: I need a second.
McCandless: Second.
Corrie: Motion made and seconded to approve the request of hook-up to City
sewer for Marvin Werth and Jerry Frank and request that they make application
for annexation.
Smith: Mr. Mayor, may I ask a question? I would respectfully request that we
get a written request from Mr. Frank for the file so that we have that on file.
Corrie: Any other discussion?
Anderson: Mr. Mayor, I have a question of our City Attorney. The thing that
concerns me is where does it leave us on that annexation issue? I mean, we
have one applicant who is basically requesting a variance stating that it's a
hardship, financial. I think ultimately our goal is if we're going to provide City
sewer and water, if the Council wants that piece of property to be annexed, do
we still have any leverage or - there doesn't seem to be any timeframe here. I
guess a year, two years from now, I think it could be a financial hardship. It
appears that we're not only going to have this one case, but there's a possibility
that we could have five separate requests for this same thing. How do we get
the annexation that we ultimately want and just - does having them make
application give us the guarantee that we'll get that?
Nichols: Councilman Anderson, Mayor, members of the Council, we currently
have an agreement which we ask or require as a condition of the sewer service
or sewer and water service in some cases that is an irrevocable consent to
annexation and requires the applicant, owner, to apply for annexation and
zoning. I revised. that agreement in anticipation of one little thing. It used to say
apply. Now the agreement says apply for and diligently pursue. So if you want
to give someone like Mr. Werth a timeframe to complete the connection to the
water, we would put that into the agreement. The agreement allows, then, if it's
not annexed, to go in there and dug up and sever the sewer connection. So you
have that ability to take those steps if you didn't get the annexation complete.
You have some that are not contiguous to the City limits to where they apply for
annexation or they have the irrevocable consent that's on file, and when they
become contiguous, then it should become active and be processed so the
annexation could be complete. We require the agreement to include an
irrevocable consent to annexation which is a recordable thing that shows up on a
title report. I don't know if that's answered your question.
Meridian City Council Meeting (
October 3,2000
Page 27
Anderson: Do we have somebody that continually monitors these agreements to
make sure that when something does become contiguous or in this case if we
put a timeframe on it - it almost seems like an enforcement logistical problem to
go back through all the records and keep track of which ones have timeframes
on them and which ones need to come as soon as they're contiguous. I don't
know who would police that whether it's Code Enforcement of P & z.
Nichols: Councilman Anderson, Mayor, members of the Council, I would suggest
that the City Engineer, every time you annex a piece of property, the Ordinance
requires the City Engineer to amend the City map. I would, if between me, Gary
and Shari, if you want us to come up with a plan on how we monitor those not
contiguous to the City limits to where we have those outstanding agreements, if
we have some way of triggering the annexation process when contiguity occurs,
then we'll come up with a plan for that. I agree with you that there needs to be
some sort of tickle or something that brings it back to mind so you don't have
pieces sitting out there that are now contiguous and we haven't gotten around to
annexation until it's three or four property owners down the line, and all of a
sudden we've got people upset because there's an annexation and they don't
like it.
Anderson: Mr. Mayor, my last comment would be based on what I've heard from
the City attorney, I'd like to see some type of timeframe put on this motion that
would require within a certain number of months or years that water hook-up be
completed and they be annexed.
Bird: Mr. Mayor, that would be taken care of at the annexation Ordinance that
goes through. All we have right now which we did by telephone, we approved
letting them hook up to the sewer and request that they make application for
annexation and at that point, at the annexation, we'd put the time on it, wouldn't
we?
Nichols: Councilman Bird, Mayor, members of the Council, when the annexation
is complete, the water is supposed to be hooked up at the time it's complete
because you have an Ordinance that says in the City limits, if you want domestic
water supply, you hook to the City system.
Bird: But we're not requesting an Ordinance for annexation right now. They've
got to apply for that.
Nichols: Correct.
Bird: What we're doing, and at that point if they want to apply for a variance to
the water, that's when they apply. They don't apply right now, do they? So why
would our motion put a time limit on it at this point?
Meridian City Council Meeting (
October 3,2000
Page 28
Nichols: Well, technically, Councilman Bird, a variance is for some site-specific
condition, topography, unusual lot size or something that's specific to the site.
It's almost like a geological condition that makes it impossible to comply. That
financial hardship, as I read the state statute, does not constitute grounds for a
variance.
De Weerd: Mr. Mayor, (inaudible - mic disconnected)
Nichols: Councilwoman de Weerd, Mayor, members of the Council, it's my
recommendation that in the usual course of things, there's an application for
annexation is filed, it takes several months, and by this I am not insensitive to the
worse financial burden that this creates, but when we get into these deals, we
have a problem with where do we draw the line. You can set a timeline and say
that at X-date you will hook to the City water, and we can put it into the
(inaudible) if that's what you want to do.
Bird: Can you do it in this motion (inaudible)? The approval of the City sewer
outside of the City limits and state that is the policy of the City that when you do
that, that the owners apply for annexation, and you get an annexation ordinance,
and at that point you put the time limit on it.
Nichols: Councilman Bird, I think what we're saying is you can't vary the terms
of the ordinance for financial hardship, but I think you could insert into the
agreement that - the way I propose to do this is to use these agreements, and
the agreement could say that water connection shall occur on or before a certain
date, and you tell me what that date is and that's what I'll have in the agreement.
Even though - that way the annexation would follow that agreement and have
that time in it.
Bird: Are you going to guarantee me how fast we can get this annexation
through the City?
Nichols: I will not.
Bird: Then how am I going to put a time Ii,mit on it?
Werth: Give us two years.
Corrie: Did you say two years, Mr. Werth? That gives you something to start.
You don't have to take it or leave it.
Werth: Well, I'm on fixed income. We get about $900 a month. I tell you that
(inaudible) pay the taxes and I don't have to tell you the rest of the story. If not,
we'd have to borrow money.
Corrie: Do you think two years is a good figure?
Meridian City Council Meeting (
October 3,2000
Page 29
Werth: I think it's a good figure.
Bird: Mr. Mayor, I withdraw my motion if the second will withdraw. Then I'll
remand it. Did you withdraw it, Cherie?
McCandless: Yeah.
Bird: Mr. Mayor, I move that we approve the request for City sewer outside the
City limits by Mr. Marvin Werth and Mr. Jerry Frank and that they proceed with
the annexation to the City limits and that Mr. Werth be given until October 30th of
2002 to hook to the City water.
McCandless: Second.
Corrie: Okay. Motion made and seconded to approve the outside sewer hookup
by Mr. Marvin Werth and family and also Mr. Jerry Frank with the agreement that
the annexation - Mr. Werth has an extended period of time to do the annexation
until the year 2002.
Bird: No, the water hookup. The annexation goes through the water hookup.
Corrie: Any further discussion?
(inaudible discussion)
Corrie: Roll-call vote, please, Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Corrie: Okay, so you know what we're doing now? If you don't, ask (inaudible)
to kind of put it - you've got until October 30th, 2000 to get annexed - excuse
me. The hookup.
Werth: In other words, the annexation isn't going to start for about a year or so?
Bird: No. You get your application in for annexation right now, and the
annexation once passed, automatic when you're annexed you're supposed to
hook to the water, too, but we'll give you until October 30, 2000, to hook to the
water.
Werth: I understand, but when do I (inaudible) right away?
Bird: You have to apply. Gary-
Meridian City Council Meeting (
October 3,2000
Page 30
Smith: Mr. Werth, you need to come to the City Planning and Zoning Office and
pick up an application and make application for annexation. That starts the
process.
Corrie: Thank you.
Werth: Thank you.
3. Award of the Meridian Ustick Reservoir Landscape Project
Re-Bid:
Corrie: Item 3.
Smith: Thank you, Mr. Mayor, Council members. The third item is the request
for your approval in awarding a contract for the landscaping of the Meridian
Ustick Road Water Reservoir. We re-bid that project based on some problems
that we had on the original bid; namely, the low bidder did not sign his electrical
subcontractor as requested, and the - actually, the low two bidders did not do
that. The third bidder exceeded the estimate by a significant amount. The
project was re-bid. The two of the three bidders that bid the project originally re-
bid the project, and A to Z Sprinklers was the lower bidder of the two. The low
bid is $78,925. I can't remember what the original bid was that we received. I
remember what the high bid was. It was around $125,000 that we cost outside of
- way outside the estimated amount. The bids were complete and conformed to
the bidding requirements. Our recommendation is the City of Meridian award the
contract for this project to A to Z Sprinklers of Boise, Idaho, for $78,925,
authorize the Mayor and City Clerk to sign a notice of award and subsequent
required contract agreements.
Corrie: Discussion, questions? Hearing none, I'll entertain a motion.
Bird: Mr. Mayor, I move that we
*** End of Side 2 ***
Bird: -- and the Mayor to sign and the Clerk to attest.
Corrie: Motion has been made to approve A to Z Sprinkler for $78,925; authorize
the Mayor and City Clerk to sign the notice of award and the contracts. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
4. Award of the Plaza Sewer Rehabilitation Project Bid:
Corrie: Item 4 is the award of the Plaza Sewer Rehabilitation Project Bird. Gary.
Meridian City Council Meeting (
October 3,2000 -
Page 31
(
Smith: Thank you, Mr. Mayor, Council members. We opened bids on this sewer
rehab project which is a sewer line in the alley between Idaho and Pine and
between Pine and State, excuse me - between State and Carlton. These bids
were opened September 28th. This is a replacement of existing sewer line and
we received four bids as shown on the memo that Brad Watson put together.
There were two schedules. One was open cut and replace the sewer line. The
other schedule was what's called light bursting which is replacing the pipe
without excavation. The low bidder was Bodiford Construction out of Boise.
They bid the same amount for Schedule 1 and Schedule 2. The second low
bidder is Walton, Inc., out of Hayburn, Idaho. They are a pipe-bursting contractor
only. Third bidder was Brown Construction out of Nampa. At this point we're not
exactly sure whether we're going to use the open-cut, replace pipe method or the
pipe bursting. The low bidder, Bodiford Construction has indicated that he may
want to do both. One alley is more conducive to the pipe bursting, and the other
alley, because of the number of services that are on the sewer line, and he is
capable of doing both. We haven't made that final decision yet, but since the bid
price was the same for both schedules, we're requesting an award of the bid to
Bodiford Construction for the amount that he bid of $70,352. This is subject to
their satisfactory evaluation of their references and the qualifications of their
license. Brad's in the process of doing that. But we've had extensive
conversations with them, Mr. Bodiford, and also with Walton. Because of the
rather restricted working area in the alley, also we're scheduling the project in the
alley between Idaho and Pine to coincide with the Plaza project that's presently
under construction with the Parks Department. Along with a vacation of a portion
of the alley that Benoit is doing with those two buildings. So there are three
projects that are underway at basically the same time period which would be the
alley sewer, the Plaza Park, Generations Park expansion, and the buildings that
Benoit is going to construct.
Anderson: Mr. Mayor, I'm not familiar with this pipe-burst method. Could you
maybe explain that a little bit? Does that have a good as life expectancy as
digging it up and putting a new pipe in?
Smith: Yes. It's - obviously a different method, totally. The pipe is broken with a
device that is pulled through the existing pipe which is vitrified clay pipe in this
instance. Fortunately the vitrified clay is very brittle. Once it starts to break it
breaks very easily, and they're short lengths between their joints. A high-density,
polyetheline pipe then is fed into a manhole following the bursting device, and it's
just pulled along, follows the same gradient of the existing pipe, and the pipe is
just burst enough to pull the new pipe through. Then when you get to the
manhole, it's - as you get to manholes, it's disconnected - not disconnected - a
connection is made at the manholes with the new pipe. You have to go back and
your services are located previously by television camera, located footage-wise
from the manholes, go back and excavate for your service lines. One of the
concerns that I have about the in-place pipe replacement or the pipe-bursting
Meridian City Council Meeting (
October 312000
Page 32
was to make sure that we maintain service to the residents on the present sewer
so there wasn't that long interruption of service. I've been advised by the
contractor that they'll actually go in, expose the service lines ahead of the actual
pipe-bursting so that when the pipe is pulled through, the service lines can be
immediately disconnected and replaced. They estimate that the length of pipe
that they would burst will take about three hours to complete before they start
disconnecting and re-connecting the service lines.
Anderson: Going in the same diameter as (inaudible) part?
Smith: Yes, correct. The pipe itself is just very aged. It's vitrified clay, as I
mentioned, is brittle and it cracks. When we did some sewer rehab projects in
the late '70's in Meridian, all the pipe that was replaced as vitrified clay. It was
replaced because it was cracked, longitudinal cracks, permitting ground water to
infiltrate. We're doing this project, one, because of the alley improvements being
done by Generations Plaza and the Benoit building; and, second, other project
location is because of the other vitrified clay
Anderson: Mr. Mayor, given Gary's explanation, I guess I would go ahead and
make a motion to award the bid for the Plaza Sewer Rehabilitation Project to
Bodiford Construction of Boise in the amount of $70,352 and authorize the Mayor
to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and seconded to award the Plaza Sewer Rehabilitation
Project to Bodiford Construction in the amount of $70,352. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
5. Request for extension of existing contract for Brown
and Caldwell for Wastewater Plant QAQC:
Smith: Thank you, Mayor, members of the Council. The last item I have is a
request for an increase in a contract amount that Wastewater Department has
with Brown and Caldwell Engineering for the operation of a laboratory quality
assurance manual. This was a requirement that EPA placed on us through our
last MPDS permit.
Bird: Excuse me. The last thing we got - City Water Residents turn-off.
(inaudible). We didn't get that. Did anybody get-
(inaudible discussion amongst Council members)
Corrie: This one that we've got will be on the next.
Meridian City Council Meeting (
October 3, 2000
Page 33
Smith: That's on the turn-off?
Bird: I'm trying to read with you, Gary.
Smith: Mr. Mayor, do you have a copy of the letter from Brown and Caldwell at
all?
Bird: We do. The attorney had one.
Smith: I can make some copies of this if you like. Brown and Caldwell ran into
some difficulties in some extra work required to complete this laboratory quality
assurance manual beyond the scope that they originally contracted for. In order
to satisfy the requirements from EPA Region 10, it almost sounds like our
Wastewater Treatment Plant placed a little more workload on them also through
their laboratory supervisor Brian Wright and our superintendent John Shawcroft
that Brown and Caldwell's requesting an addition of $2,000 of their contract
amount to complete this manual. That's all the information I have.
Bird: Mr. Mayor, Gary, what was the - what had they been contracted to - was it
EPA or our people that caused to get out of the scope of work that they had bid?
Smith: I think it was a combination of the two, Councilman Bird. From the letter
that Pat Brown wrote, which I have a copy of - by the time I got this reviewed, I
wasn't able to catch up with Mr. Shawcroft. I had the same question in my mind
as to why the change occurred. In reading the letter that Pat Brown wrote, I think
it's pretty evident that the scope changed on them from a combination of the
quality assurance officer from EPA and Brian Wright, our laboratory supervisor
and our wastewater superintendent that there was some additional work required
of Brown and Caldwell to complete the manual. I'm sorry, but that's all the
information that I have. I don't -
Bird: Mr. Mayor, Gary, as I read the letter here, that is an estimate of labor,
expense, of $2000 -
Smith: Yes, sir.
Bird: And then down below it says an estimate of direct costs not to exceed
$200?
Smith: Yes, sir.
Bird: So we're looking at $2200? Not to exceed $2200?
Smith: Well, as you point out, the $2000 is an estimated labor expense to
complete that. The $200 is a not-to-exceed. Yes.
Meridian City Council Meeting (
October 31 2000
Page 34
Bird: So how do we approve something like this without saying "not to exceed
$2200?" Because $2,000 is an estimated cost.
Smith: I think at this point, well, I guess you can do it on a time-and-material
basis with an estimated amount of $2,000. That's - if that's going to run over
that they could bring that back to us for - to plead their case for any amount
beyond that estimate.
Bird: So-
Smith: We've had our other engineering contracts - there are some portions of
those that are time-and-material expense with an estimated amount. There are
other items that are lump sum not to exceed. Direct. costs are generally
estimated because they're not exactly sure what the direct costs are going to be.
Bird: This is just an estimate on labor. I'm sure it's pretty close, but it could run
over. How do you want - do you want to do it on a time-and-material and the
direct costs not to exceed $200? Is this is a company you work with enough that
you feel secure with it?
Smith: John Shawcroft has worked with them quite a bit. I think we could put - I
guess you could do it either way. You could set it up as a not-to-exceed $2000
on the labor.
Bird: Mr. Mayor, I move that we approve the request for extension of the existing
contract for Brown and Caldwell at the Wastewater Plant, QAQC, with the labor
not to exceed $2,000 in addition and the direct costs not to exceed $200 for a
total of $2200.
Corrie: Do I hear a second?
McCandless: Second.
Corrie: Motion is made and seconded of the request for an extension of the
existing contract for Brown and Caldwell for the Wastewater Plant, QAQC, by the
motion of Mr. Bird. Any further discussion? Hearing none, all those in favor of
the motion say aye. .
MOTION CARRIED: ALL AYES
Smith: Thank you, Mr. Mayor, Council.
Corrie: With that, if there's nothing else on the agenda.
Meridian City Council Meeting ('
October 3,2000
Page 35
McCandless: Mr. Mayor, I don't know the code section by heart, but I am asking
for an Executive Session to discuss the salary issue, and I would like to - okay. I
would like to include Bill Gordon.
Corrie: Motion made to go into Executive Session of the Idaho Code Section 67-
2345, subsection C. All those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion to come out of Executive Session.
Bird: So moved.
McCandless: Second.
Corrie: Motion made to come out of Executive Session. All those in favor say
aye.
MOTION CARRIED: ALL AYES
(Meeting reconvenes from Executive Session at 10:20 p.m.)
Corrie: Came out of Executive Session at 20 minutes after 10. No decision was
made in the Executive Session. Council, any discussion? Hearing none, I'll
entertain a motion on -
McCandless: Mr. Mayor, you're confusing me. I move that we instruct our
attorney to draw a resolution paying an extra 95 cents an hour to the two K-9
officers who are maintaining their dogs; that he do this by putting an asterisk on
the step-program by the names of those two with the explanation.
Corrie: No, no.
Bird: Cherie, excuse me a minute.
McCandless: Would you do it?
Bird: Cherie, seriously, we don't want to limit it to two. We just want an asterisk
that any K-9 officer will receive a 95-cent per hour worked for -
McCandless: It's not per hour worked, is it?
Bird: Per hour worked, yes.
McCandless: Ninety-five cents an hour, period.
Meridian City Council Meeting (
October 3, 2000 '
Page 36
Bird: Ninety-five cents an hour for K-9 duty, period, and for patrolman, sergeant
and detective. That's it.
Corrie: I think that does it anyway.
Bird: 1'(1 second it.
Corrie: Motion made by Councilwoman McCandless and seconded by
Councilman Bird to the motion as stated, and the attorney will draw up the
appropriate form. Okay. Any other discussion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion to adjourn.
Bird: So moved.
De Weerd: Second.
Corrie: Motion made and seconded. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 10:25 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~
LLIAM G. BERG, JR.
(
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF ROD &
SHERRIE EISELE, FORA
VARIANCE FOR FROM THE
REQUIREMENT TO PLACE A
BUILDING A MINIMUM OF 1-
FOOT ABOVE THE ELEVATION
OF THE 100 YEAR FLOOD PLAIN
IN NORTH BALTIC PLACE,
MERIDIAN, IDAHO
)
)
)
)
)
)
)
)
)
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 the 19th day of September, 2000, and the City Council having received the
transmittal to agencies and having received the variance application, having heard the
testimony presented, being fully advised in the premises does hereby mal(e the following
Findings of Fact and Conclusions of Law and Order of Decision, as follovvs to-wit:
FINDINGS OF FACT
1. The City Council tal(es judicial notice of its Zoning, Subdivision and
Development Ordinances codified at TItle II Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps.
2. The requirements of Idaho Code 99 67-6509,6516 and 99 11-2-416 E and
419 D as evidenced in the record of this matter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE
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t
3. The Applicants are Rod & Shenie Eisele whose address is 645 Edgwood
Lane, Eagle, Idaho. The location of the subject property is in North Baltic Place in the
Meridian Business ParI" Idaho.
4. The proposed land use of subject property is to develop the subject property
in the following manner: Construction of a commercial building.
5. That a schematic drawing, of which is attached to these findings marl<.ed
Exhibit "A" has been supplied.
6. The Applicant requests a variance of the provisions of Section 11-11-3A2 of
the Floodplain Overlay District which requires that no structure shall be erected unless
the main floor is placed a minimum of I-foot above the elevation of the 1 CO-year
floodplain. The elevation of the floodplain on-site is 26 11ft. The floor elevation of the
structure is only 2609.25 ft., nearly 2 feet below flood level (and 2. 75 feet below the
required I-foot above flood elevation.)
11. Cornell Larson testified representing the Applicant and Gary Smith
testified on behalf of the City of Meridian.
12. The existence of special circumstances or conditions affecting the property are:
12.1 The applicant has stated that to raise the building above the flood
level, it would require filling three feet above the existing road,
requiring steep slopes contrary to ngood engineering practices." In
addition, the proposed building "has the least number of construction
joints, solid concrete walls, the heaviest structural components and will
not rupture if contacted by floating debris.ff
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE 2
(
13. Strict compliance with the requirements of S 11-11-3.A.2 of the Municipal
Code of ~he City of Meridian would result in extraordinary hardship to the owner
because of the size of the site and the fact that the use is of a type that it would be less
impacted by flooding it flooding should OCCUf.
14. The granting of the requested variance will not be detrimental to the
public's welfare or injurious to other property in the area.
15. The granting of this variance will not have an effect of altering the interest
and purpose of the Floodplain Ordinance and Of the City's Comprehensive Plan.
16. The applicant paid the fee established by the City Coundl for application
variance.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, TItle 67, and in particular, by the
provisions of Idaho Code g 67-6516 to provide as part of its zoning ordinance for the process
of applications for vari3!lce permits.
2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by
the enactment as a part of its Zoning and Development Ordinance variances, as set forth in
9 11-2-419 of the Municipal Code of the City of Meridian.
3. That the requirements for the processing of a variance request are set forth in
Idaho Code ~~ 67-6509, 6516 and g~ 11-2-416E and 418E Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE 3
(
Meridian.
4. Application and standards for variances are set forth in s 11-2-419B Municipal
Code of the City of Meridian, and the findings which are required are set forth in S 11-2-
419C, include required findings that there are special circumstances or conditions affecting
the property that strict application of the provisions of Zoning and Development Ordinance
would clearly be impracticable and unreasonable, and a finding that strict compliance with
the requirements of the Zoning and Development Ordinance would result in extraordinary
hardship to the owner, subdivider or developer because unusual topography, the nature or
condition of adjacent development, or other physical conditions or other conditions that
make strict compliance \Vith the ordinance tu1reasonable 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 injtuious to other property in the area in which the
property is situated, and that such variance will not have the effect of altering the interest
and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive
Plan.
5. Section 11-11-3A2 of the Floodplain Overlay District requires that no
structure shall be erected unless the main floor is placed a minimum of I-foot above the
elevarion of the 1 DO-year floodplain. The elevation of the floodplain on-site is 2611 ft. The
floor elevation of the structure is only 2609.25 ft., nearly 2 feet below flood level (and 2.75
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE 4
(
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feet below the required 1-foot above flood elevation.)
DECISION AND ORDER -
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF lAW, the Gty Cormcil does hereby
Order and this does Order:
1. That Rod and Sherrie Eisele are hereby granted a variance of the flood plain
ordinance subject to the following conditions:
1.1 The applicant shall provide proof of the structural integrity of the building to
the City of Meridian Building Department prior to issuance of building
permits.
1.2 The sewer and water systems shall be floodproofed and approved by the
District Health Dept. of the Department of Health and Welfare as per
Ordinance 11-11-3 .A. 1. An engineer must certify that the floodproofing
requirement has been fulfilled as per Ordinance 11-1 1-3.A.3. The applicant
is proposing to add shut~off valves to prevent seepage into the City sewer in
the event of a flood. The engineer's certification that this requirement has
been met shall be submitted with the application for a Certificate of Zoning
Compliance, prior to building permits.
1.3 Materials that are buoyant, flammable, noxious, toxic or otherwise potentially
injmious if transported by floodwaters are prohibited as per Ordinance 11-11-
5.
1.4 All machinery and equipment that provide utility seIVice to the building shall
be set a minimrun of I-foot above the established base flood elevation.
1.5 A Flood Plain Development Permit from the Meridian Building Department
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE 5
shall be required for this application.
1.6 The granting of approval of any structure or use shall not constitute a
representation, guarantee or warranty of any ldnd or nature of the City
governing body or the Commission, or by an officer or employee thereof of the
practicality or safety of any structure or use proposed and shall create no
liability upon or cause action against such public body, officer or employee for
any damage that may result pursuant thereto. (Ord. 430, 4-2-1984).
1. 7 It should be noted that this variance is granted specifically to this one project
and does not mean that other requests for variances from the Flood Plain
Overlay Ordinance will be granted to others.
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE 6
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 9 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 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 October 3,2000.
ROLL CALL:
VOTED~tc
VOTED~tL-
VOTED ~
VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED
MOTION: APPROVED:-,;~ . DISAPPROVED:
COUNCILMAN I<EITH BIRD
COUNCILMAN RON ANDERSON
COUNCILMAN TAMMIE DeWEERD
COUNCILMAN CHERIE MCCANDLESS
Copy served upon Applicant, the Planning and Zoning Department and the Public
W orl<5 Department.
By:
Dated:
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ey\Z:\W ork\M\Meridian 15360M\Eagle Concrete Pwnping Appeal\FfCLord.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE 7
(
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF DAROL )
FORSYTHE/ SEVEN GATES )
PROPERTIES, REQUEST FOR )
VAillANCEFORTHE )
REDUCTION OF LANDSCAPING )
REQUIREMENTS TO ALLOW )
NEW CONSTRUCTION SITE TO )
MATCH EXISTING AND TYPICAL )
FOR THE AREA AND )
SUBDIVISION, LOCATED AT )
LOTS 8,9 AND 10 OF BLOCI( I OF )
THE LAYNE INDUSTRIAL PARI(, )
MERIDIAN, IDAHO )
C/C 09-13-00
CASE NO. V AR-OO-020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
DENYING VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on September 5, 2000, and continued until September 13, 2000, and Steve
Siddoway, Planner for Planning and Zoning, appeared and testified at the hearing, and
appearing and testifying on behalf of the applicant was Russ Dane, and Walt Morrow
appeared and testified in opposition, and the City Council having received the transmittal
to agencies and having received the variance application, having heard the testimony
presented, being fully advised in the premises does hereby make the following Findings of
Fact and Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (V AR-OO-020)
Page 1 of 7
(
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may ta!(e judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
I. The City of Meridian has authority pursuant to the enactment of the
"Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in
particular in S 67-6516 to provide as part of its zoning ordinance for the process of
applications for variance pennits.
2. The City of Meridian has duly 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 g 11-18.
3. That the requirements for the processing of a variance request are set
forth in Idaho Code ss 67-6509,6516 and Meridian City Code ss 11-15-5 and 11-17-
5.
4. Application and standards for variances are set forth in Meridian City
Code S 11-18-2, and the findings which are required are set forth in Meridian City
Code S 11-18-3, include required findings that there are special circumstances or
conditions affecting the property that strict application of the provisions of Zoning a~d
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (V AR-OO-020)
Page 2 of 7
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Development Ordinance would clearly be impracticable and unreasonable, and a
finding that strict compliance with the requirements of the Zoning and Development
Ordinance would result in extraordinary hardship to the owner, subdivider or developer
because unusual topography, the nature or condition of adjacent development, or other
physical conditions or other conditions that malce strict compliance with the ordinance
unreasonable under the circumstances, or that the conditions and requirements of sa.id
ordinance will result in inhibiting the achievements or the objectives of the ordinance,
and that the granting of a specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated, and
that such variance will not have the effect of altering the interest and purposes of the
Zoning and Development Ordinance and the Meridian Comprehensive Plan.
5. Meridian City Code, S 11-13-4 B 3, DESIGN STANDARDS FOR OFF-
STREET PARIGNG, SCREENING, LANDSCAPING AND DRAINAGE,
SCREENING, and in the I-L zone, which provides as follows:
11-13-4 DESIGN STANDARDS FOR OFF-STREET PARIGNG:
B. Screening, Landscaping And Drainage:
3. Screening:
a. Whenever a commercial off-street parl<ing area is located
in or adjacent to a residential district, it shall be effectively
screened on all sides which adjoin or face any property used
for residential purposes by a wall, fence, or planting screen
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (V AR-OO-020)
Page 3 of 7
(~--
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that is not less than four feet (4') in height plus a planting
strip of four feet (4') minimum vvidth or in an alternate
arrangement as approved by the Commission.
b. Suitable landscaping and ground cover shall be provided
and maintained on a continuing basis vvithin the planting
strip. Planting screens or hedges shall not exceed two feet
(2') in height where location is such that sight lines are
necessary for vehicular movement across pedestrianways.
c. At least one tree of not less than three inches (3")
diameter size class shall be provided for every one thousa~d
five hundred (1,500) square feet of pavement area.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. The applicant, Darol Forsythe/Seven Gates Properties, owner of
the property, 2657 Windmill Parkway, Suite 390, Henderson, Nevada 89014, filed for
a variance of the landscaping requirements at Meridian City Code S 11-15-5 and 12-
11-3.
2. Applicant, Darol FOl)'sthe/Seven Gates Properties, seelcs a variance
of the landscaping requirements because applicant seeks reduction to allow new
construction site to match existing and typical for the area and subdivision for lots 8, 9,
and lOin Block 1 in the Layne Industrial Parle.
3. The location of the subject property is located in an Light Industrial District
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (V AR-OO-020)
Page 4 of 7
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(I-L) at 2269, 2307 and 2393 E. Commercial Street, Meridian, Idaho.
4. The legal description of the property appertains to the real
property that is included within the Vicinity Map as appears in the record of proceeds
of this matter, and is described as follows:
Lot 8, 9, and 10 in Block 1 of Layne Industrial Park Subdivision, according to the plat
thereof, filed in Book 69 of Plats at pages 7113 and 7114, records of Ada County,
Idaho.
5. Pursuant to the staff testimony and action of the City Council at
their September 13, 2000 meeting, that the request for variance should be denied, and
that the prior plan be affirmed.
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. Pursuant to S 11-13-4 B 3 of the Meridian City Code, the Applicant is
hereby denied the reduction of landscaping variance as per the decision of the City
Council at their September 13,2000, meeting, for the real property located at 2269, 2307
and 2393 E. Commercial Street, Meridian, Idaho.
NOTICE OF FINAL ACTION
Please ta](e notice that this is a final action of the governing body of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (V AR-OO-020)
Page 5 of 7
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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 fence variance of 11-13-4 B 3 Screening as provided
in the Section 11-2-410 A, and may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
2/2,1J
By action of the City Council at its regular meeting held on the c;r -- day of
t9~~
, 2000.
ROLL CALL:
COUNCILWOMAN CHERIE McCANDLESS
VOTED$-
VOTED~
VOTED*'-
VOTED~'--
COUNCILMAN RON ANDERSON
COUNCILMAN I<EITH BIRD
COUNCILWOMAN TAMMY deWEERD
MAYOR ROBERT D. CORRIE (TIE BREAl<ER) VOTED
DATED: I () .~ (J -00
MOTION: APPROVE~_v&J
------
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (V AR-OO-020)
Page 6 of 7
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,
r ~~ ~
!
Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.s
Department, and the City Attorney office.
fl-
Dated:
msg/Z:\Work\M\Meridian 15360M\Seven Gates Deny V AR020\FfClsDenyVariance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING V ARlANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (V AR-OO-020)
Page 7 of 7
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A CARL'S JR
RESTAURANT WITH DRIVE
THRU
GREENSTAR FOODS &
TFCM/DA!(OTA COMPANY,
Applicant
)
)
)
)
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Case No. CUP-OO-042
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled cOI1ditional use pemlit application having CaIne before
the City Council on SepteInber 19,2000, at the hour of 7:30 p.m., at Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, and representatives of the Planning and
Zoning Administrator appeared and testified, and the Applicant appearing and
testifying, a11d the City Council having duly considered the evidence and the record in
this Inatter and the Recolrunendations to City Council issued by the Planning and
Zoning COlnrnission who COllducted a public hearing a11d the Council having heard
and taken oral and written testimony, and having duly considered the matter, the City
Council hereby lnakes the following Findings of Fact, Conclusions of Law and Decision
and Order to-wit:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- I
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20007 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 extern.al bormdaries of the property under consideration more than fifteen (15)
days prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing and the copies
of all notices were made available to newspaper, radio and television stations as public
service announcements; and the matter having been duly considered by the City Council
at the September 19, 2000, public hearing; and the applicant, affected property owners,
and government subdivisions providing seIVices 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 g67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-5
as evidenced by the Mfidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. This proposed development request is in an I-L zone, by reason of the
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the
City Conncil on this application.
4. The pro~y is located at Meridian Crossroads Shopping Center, Meridian,
Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 2
4. The property is located at Meridian Crossroads Shopping Ce11ter,
Meridian, Idaho.
5. The ovvner of record of the subject property is TFCM Associates, LLC of
Beachwood, Ohio.
6. Applical1t is Greenstar Foods of Boise do Dakota COlnpal1Y of Boise.
7. The subject property is currently zoned I-L. The zoning district of I-L is
defined within the City of Meridian ZOni11g and Development Ordinance, Section 11-
7-2.
8. The proposed application requests a conditional use pem'lit for a Carl's Jr.
restaurant with drive-thru window and related ilnprovelnel1ts. The I-L zonil1g
desigr1ation within the City of Meridian ZOnil1g and Development Ordinance requires a
conditional use pennit be obtained for most uses including those requested by tl1e
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian Plalming and Zoning COmmiSSi011 recognizes that the
proposed application is in cOlnpliance with the Meridian COluprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as detennined by City Ordina11ce.
11. The Meridian City Council takes judicial notice of its ZOni11g,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 3
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/
I,
Subdivision and Development Ordinances codified at Titles 11 al1d 12, Meridian City
Code and all current zoning Inaps thereof and the Conlprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the COlTIlnent received froIn the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed developInent wil1110t ilnpose expense
upon the public if the following conditions of developIuent are imposed and the
following is also found to be required to Initigate the effects of the proposed use and
development upon services delivered by political subdivisiol1s providing services to the
subject real property within the planning jurisdiction of the City of Meridian:
Adopt the ReCOITIlnendations of the Planning and Zoning and EngineeriI1g staff
as follows:
12.1 Any existing inigatioIvdrainage ditches crossing the property to be
included in this project shall be tiled per City Ordinal1ce 12-4-13. Plans
will need to be approved by the appropriate irrigation/drainage district,
with written confirmation of said approval sublnitted to the Public W orl<.5
Departlnent. No variances have been requested for tilil1g of any ditches
crossing t11is project.
12.2 Any existing don1estic wells and/or septic systelus within this project will
have to be relTIoved from their dOInestic service per City Ordinances 9-1-4
and 9-4-8. Wells Iuay be used for non-domestic purposes such as
lal1dscape irrigation.
12.3 Off-street parking shall be provided in accordance with City of Melidian
Zoning and Development Ordinance 11-13.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 4
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12.4 Paving a11d striping shall be in accordance 'With the standards set forth in
the City of Meridian ZOni11g aI1d Developmel1t Ordinance 11-13-4 and in
accordance 'With Americans 'With Disabilities Act (ADA) requireluents.
12.5 A drainage plan designed by a State of Idaho licensed architect or
el1gineer is required and shall be subn1itted to the City Engineer for all
off-street parking areas as per City Ordinance 11-13-4.B.4. All site
drainage shall be contained and disposed of on-site.
12.6 Outside lighting shall be designed and placed so as not to direct
illun1ination on any nearby residential areas al1d i11 accordance 'With City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
12.7 All signage shall be in accordance 'With the standards set forth in the City
of Meridian Zoning and Developluent Ordinance 11-14. No teluporary
signage, flags, banners or flashing signs 'Will be pennitted.
12.8 Provide five-foot-'Wide sidewalks in accordance 'With City Ordinance 12-5-
2.1(.
12.9 All construction shall conform to the requireluents of the Americans 'With
Disabilities Act (ADA).
12.10 Salutary sewer and water service to this site will be provided by extension
of existing lines 'Wit11in the Family Center. The Sewer Departluent
require a lniniluulu 1,000 gallon exterior interceptor for this project.
12.11 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreen1ent 'With the City of Meridian.
12.12 Ullderground pressurized irrigation IUUSt be provided to all landscape
areas on site. Please submit hool(-up and design details based on the
proposed landscaping. Landscape irrigation shall be via the pressurized
irrigation system beil1g installed in the Family Cel1ter.
12.13 A detailed landscape plan was sublnitted with the application and is
approved as part of this CUP . Verification of the location of the two
additional Turkish Filbert trees shown on sheet L-l must be sublnitted
'With the Certificate of Zoning COlnpliance application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 5
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12.14 The proposed 12-foot drive aisles for the drive-thru are subject to
Meridian Fire DepartInent approval.
12.15 Coordinate screened trash enclosure location and construction
requirements with Sanitary Service COIl1pany. SUbInit a letter of approval
froln Sanitary Services Corp. (SSe) wheIl applyillg for a building pennit.
All trash area,s are to be enclosed by a screening fence on at least three (3)
sides.
12.16 The proposed pedestrian walkway is less tllall five feet wide behind the
trash enclosure. Applicallt shalllTIodify the site plan to provide
continuous five-foot wide sidewalks as per Ordinance 12-5-2.1<"
12.1 7 Dilnensions of all standard parking stalls shall conform to lninilTIUlll
dinlensions as per city ordinallce. City ordinance requires 9 X 19 standard
stalls and 25-foot-wide IniniInum driveways. All handicap-accessible
parkillg spaces nlust Ineet lninilnuln dimension and sigrlage requirell1ents
per ADA standards.
12.18 Freestanding signs for the project will be limited to the single lnonument
sign shown on the plan. All sigrlage will be subject to desigrl review and
requires separate pennits. AllY telnporary or A-fralne signs shall be
prohibited as a condition of approval, and will be relTIoved upon 3 days
110tice.
13. The proposed uses within the subject application will be harmonious
with alld in accordance with the Meridian COll1prehensive Plan and the City of
Meridian ZOlung and Development Ordillance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Existing Urban".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and Inaintained to be
hannonious and appropriate in appearance or intended character of the general vicinity
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 6
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and that such uses will110t change the intended essential character of the sall1e 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, drai11age structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, luaterials, equipment and conditions of operation that will be
detrilnental to any persons, property or the ge11eral welfare by reason of excessive
production of traffic, 11oise, sluoke, funles, glare or odors.
18. The developluent will not result in the destruction, loss or dalnage of
natural or scenic feature of major ill1portal1ce relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian City Council filay exercise all the powers required and
authorized Ullder the "Act" except the power to adopt ordina11ces by the establishment
of a Planning and ZOni11g COlnmission by ordina11ce pursuant to Idaho Code Section
67-6504 which the City Council of the City of Meridian has established by the passage
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO..042)
.. 7
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of the "City of Meridian Zoning and Developluent Ordinance" at Titles XI alld XII,
Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provisioll required, provide for the process of special and/or conditional use
penTuts which a proposed use is otherwise prohibited by the temlS of the ordinance but
allowed with conditions under the specific provisions of the ordinallce wllich 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
circunlstances of each application for special use permit to determine prior to granting
the saIne that the evidential showing supports the finding that the following standards
are met and that the proposed developluent: (Meridian City Code S 11-1 7 -3 )
a. Will, in fact, COllstitute a COllditional use as detennilled by City policy;
b. Will be hannonious with and in accordallce with the COluprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and lnaintained to be
hannonious and appropriate ill appearance with the existing or intended character of
the general vicinity alld that such use will not change the essential character of the
saIne area;
d. Will not be hazardous or disturbing to existing or future neighborillg
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 8
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f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detri111ental to the econolnic welfare of the
cOlnmunity;
g. Will not involve uses, activities, processes, Inaterials, equipment and
conditions of operation that will be detrilnental to any persons, property or the gelleral
welfare by reason of excessive production of traffic, noise, slnoke, fumes, glare or odors;
h. Will not result in the destruction, loss or danlage of a natural or scelUC
feature of 111ajor importallce.
5. Prior to granting a conditional use pennit in a Light Industrial District
(I-L), a public hearing shall be conducted with notice to be publislled and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideratioll for the conditional use pennit all
in accordance with the provisions of Meridian City Code S 11-17 -5 City of Meridian
ZOlung and Developlnent Ordinance, which provides as follows:
"Prior to approving a Conditional Use PenIut, the applicant and the
Comlnission alld 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 alld conunercial districts shall only be
required to have OIle public hearing which shall be held before the Planning and
Zoning COlmnission; and after the recolmnendation of the Conunission is
made, the application shall go before the City Council without a public hearing
and the Council may approve, deny, or modify the recolmnendation of the
COI1Unissioll. "
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Conunission shall, trallSInit its reconunendations to the
Meridian City Council with supportive reasons. The Conunission shall reconunend
that the application be approved, approved with conditions or denied. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 9
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COlmnission shall e11sure that any approval or approval with conditions of an
application shall be in accorda11ce with Meridian COluprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code S 11-17-6)
7. VVhen the City Council approves a conditional use pennit it 111ay ilnpose
conditions of that approval that reasonably:
A. Minilnize adverse ilnpact on other developlnent;
B. Control the sequence and timing of developn1ent;
c. Control the duration of developluent;
D. Assure that the development is luaintained property;
E. Designate the exact location and nature of the developlnent;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those ge11erally required, i11 this
Ordinance.
8. The City of Meridian has, by ordinance, established the Ilnpact Area and
the COll1prehensive Plan of the City of Meridian, which was adopted Decelnber 21,
1993, Ord. 629, January 4, 1994 a11d Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP..OO-042)
.. 10
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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 COUllCil does
hereby ORDER and this does Order that:
1. That the above named applicant is granted a conditional use permit for
construction of a a Carl's Jr. restaurallt with drive-thru window and related
ill1provenlents in an I-L zone at Meridian Crossroads Shopping Center, subject to the
following conditions of use and developll1ent:
Adopt the Recollunendations of the Plaruung and Zoning and Engineering staff
as follows:
1.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance 12-4-13. Plans
will need to be approved by the appropriate irrigation/drainage district,
with written confirmation of said approval sublnitted to tlle Public Works
Departll1ellt. No variances have be~n requested for tiling of any ditches
crossing this project.
1.2 Any existillg domestic wells and/or septic systelTIS within this project will
have to be relTIoved from their dOlnestic service per City Ordinances 9-1-4
alld 9-4-8. Wells lnay be used for non-dolnestic purposes such as
landscape irrigation.
1.3 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Developmellt Ordinance 11-13.
1.4 Paving and striping shall be in accordance with the stalldards set forth in
the City of Meridian ZOnil1g and Developluent Ordinance 11-13-4 and in
accordance with Alnericans with Disabilities Act (ADA) requirelnellts.
1.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas as per City Ordinance 11-13-4.B.4. All site
draillage shall be contained and disposed of on-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- II
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1.6 Outside lighting shall be designed and placed so as not to direct
illulnination on al1Y nearby residential areas and in accordance with City
Ordii1ance Sections 11-13-4.C. and 12-5-2.M.
1. 7 All signage shall be in accordance with the standards set forth in the City
of Meridian ZOlung and Developn1ent Ordina11ce 11-14. No te111porary
signage, flags, banners or flashing signs vvill be pennitted.
1.8 Provide five-foot-wide sidewalks in accordance with City Ordi11ance 12-5-
2. !(.
1.9 All construction shall confon11 to the requirelne11ts of the A111ericans with
Disabilities Act (ADA).
1.10 Sanitary sewer and water service to this site will be provided by extel1sion
of existing lines within the Fal1uly Center. The Sewer Departlnent
require a minilnulll 1 ,000 gallon exterior interceptor 'for this project.
1.11 Assessment fees for water and sewer service are deten1uned during the
building plan review process. Applicant shall be required to enter into an
Assesslnent Agreelnel1t with the City of Meridian.
1.12 Underground pressurized irrigation lTIUSt be provided to allla11dscape
areas on site. Please SUblnit hook-up and design details based on the
proposed landscaping. Landscape irrigation shall be via the pressurized
irrigation system being installed in the Fmnily Center.
1.13 A detailed landscape plan was subl1utted with the application and is
approved as part of this CUP . Verification of the location of the two
additional Turldsh Filbert trees shown on sheet L-I must be sublnitted
with the Certificate of Zoning COlnpliance applicatio11.
1.14 The proposed 12-foot drive aisles for the drive-thru are subject to
Meridian Fire Departlnent approval.
1.15 Coordinate screened trash enclosure location and C011struction
requirements with Sanitary Service Company. SUblnit a letter of approval
from Sanitary SelVices Corp. (SSC) whel1 applying for a building pennit.
All trash areas are to be enclosed by a screelung fence on at least three (3)
sides.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP..OO..042)
- 12
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1.16 The proposed pedestria11 wallevvay is less than five feet vvide behind the
trash enclosure. Applicant shall modify the site plan to provide
continuous five-foot vvide sidewall<s as per Ordinance 12-5-2.1(,
1.1 7 Diluensions of all standard parking stalls shall conform t~ IninilllUlTI
dilnensions as per city ordinance. City ordinance requires 9 X 19 standard
stalls and 25-foot-vvide Ininiluwn driveways. All handicap-accessible
parking spaces luust lueet lniniluum din1ension and signage requirelnents
per ADA standards.
1.18 Freestandi11g signs for the project vvill be lilnited to the si11gle Inonument
sign shown on the plan. All signage will be subject to design review al1d
requires separate pennits. Any telnporary or A-fralne SigI1S shall be
prohibited as a condition of approval, and vvill be rellloved upon 3 days
notice.
2. The C011ditions shall be reviewable by the COUl1Cil pursuant to Meridian
City Code S 11-17 -9.
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 pennit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance vvith this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Departlnent, the Public Works Departlnent and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 13
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NOTICE OF FINAL ACTION
Please tal(e notice that this is a final action of the governing body of the City
of Meridian, pursual1t to Idaho Code S 67-6521 an affected person being a person
who has an interest in real property which l11ay be adversely affected by the issuance
or denial of the conditional use permit lnay within twenty-eight (28) days after the
date of this decisiol1 al1d order seek a judicial review as provided by Chapter 52, Title
67, Idaho Code.
By action of the City Council at its regular meeting held on the ?"~
day of {YelP b,e1./, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED ~<-
COUNCILPERSON KEITH BIRD VOTED *
COUNCILMAN TAMMY de WEERD VOTED ~
COUNCILMAN CHERIE McCANDLESS VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED
DATED: /0--.3-00
(
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO..042)
- 14
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicallt, Plal1TIing and Zoning Departlnent, Public Warks
Departlnent and the City AttoDley.
By:
City ClerIc
Dated:
:
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ey/Z:\Work\M\Meridian 15360M\Carl's Jr. CUP042\CUPFindings042.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP-OO-042)
- 15
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATIER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FORA CARL.S JR
RESTAURANT WITH DRIVE
THRU
GREENSTAR FOODS &
TFCWDAKOTA COMPANY,
Applicant
)
)
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)
)
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)
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Case No. CUP-OO-042
ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE
PERMIT
This matter corning before the City Conncil on the 19th day of September, 2000,
under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use
permit application and the Council having received and approving the Recommendation of
the Planning and Zoning Commission the Council takes the following action:
1. That the Applicant is granted a conditional use pennit for construction of a Carl's Jr.
restaurant with drive-thru. window and related improvements, subject to the following
conditions of use and development,
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1 ~ 1 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance 12-4-13. Plans
will need to be approved by the appropriate irrigation/drainage district,
with written confirmation of said approval submitted to the Public
ORDER GRANTING CONDITIONAL USE PERMIT
/ (CUP-OO-042) - 1
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Warks Department. No variances have been requested for tiling of any
ditches crossing this project.
1.2 Any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service per City
Ordinances 9...1-4 and 9-4...8. Wells may be used for non-domestic
purposes such as landscape irrigation.
1.3 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance 11-13.
1.4 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance 11-13..4
and in accordance with Americans with Disabilities Act (ADA)
requirements.
1.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas as per City Ordinance 11-I3-4.B.4. All site
drainage shall be contained and disposed of on-site.
1.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance vvith
City Ordinance Sections 11-13-4.C. and 12-5..2.M.
1.7 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance 11-14. No
temporary signage, flags, banners or flashing signs will be permitted.
1.8 Provide five-foot -vvide sidewalks in accordance vvith City Ordinance 12-
5-2.1<'
1.9 All construction shall conform to the requirements of the Americans
with Disabilities Act (ADA).
1.10 Sanitary sewer and water service to this site will be provided by
extension of existing lines within the Family Center. The Sewer
Department require a minimum 1 ,000 gallon exterior interceptor for
this project.
ORDER GRANTING CONDITIONAL USE PERMIT
I (CUP -00-042) - 2
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1.11 Assessment fees for water and sewer senrice are determined during the
building plan review process. Applicant shall be required to enter into
an Assessment Agreement with the City of Meridian.
1.12 Undergronnd pressurized inigation must be provided to all landscape
areas on site. Please submit hook..up and design details based on the
proposed landscaping. Landscape inigation shall be via the pressurized
inigation system being installed in the Family Center.
1.13 A detailed landscape plan was submitted with the application and is
approved as part of this CUP . Verification of the location of the two
additional Turldsh Filbert trees shown on sheet L-l must be submitted
with the Certificate of Zoning Compliance application.
1.14 The proposed 12-foot drive aisles for the drive-thnt are subject to
Meridian Fire Department approval.
1.15 Coordinate screened trash enclosure location and construction
requirements with Sanitary Senrice Company. Submit a letter of
approval from Sanitary Services Corp. (SSe) when applying for a
building pennit. All trash areas are to be enclosed by a screening fence
on at least three (3) sides.
1.16 The proposed pedestrian -walkway is less than five feet wide behind the
trash enclosure. Applicant shall modify the site plan to provide
continuous five-foot wide sidewall<s as per Ordinance 12..5-2.I~
1.1 7 Dimensions of all standard parking stalls shall conform to minimum
dimensions as per city ordinance. City ordinance requires 9 X 19
standard stalls and 25...foot-wide minimum driveways. All handicap--
accessible parking spaces must meet minimum dimension and signage
requirements per ADA standards.
1.18 Freestanding signs for the project will be limited to the single
monument sign shown on the plan. All signage will be subject to design
review and requires separate pennits. Any temporary or A-frame signs
shall be prohibited as a condition of approval, and will be removed
upon 3 days notice.
ORDER GRANTING CONDITIONAL USE PERMIT
/ (CUP -00-042) - 3
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3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use pennit.
4. Notice to Pennit Holder, this conditional use pennit is not transferable without
complying with the provisions of Meridian City Code ~ 11-17-8, a copy of -which is attached
to this pennit.
By action of the City Cormcil at its regular meeting held on the
3~
day of
,(lea?) ~
, 2000.
D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Warks
By: .
City Clerl<
{J.-. 3 -co
ey!Z:\Wotk\1vf\Meridian 15360M\Carl's Jr. CUP042\CUPOrder042.wpd
ORDER GRANTING CONDITIONAL USE PERMIT
/ (CUP.OO-042) - 4
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF THE BOWER )
STREET, LC, FORA VARIANCE )
OF THE REQUIRED SIZE AND )
NUMBER OF TREES FROM )
37THREE-INCH CALIPERS TO )
27 TWO-INCH CALIPERS FOR A )
PROPOSED WAREHOUSE )
BUILDING AT 301 E. 5TH )
STREET, MERIDIAN, IDAHO )
C/C 09-13-00
V AR-OO-O 19
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 September 5, 2000, and continued until Septelnber 13, 2000, and at the
September 13, 2000 meeting, Steve Siddoway, Planner for Planning and Zoning, appeared
and testified, and Walt Morrow appeared and testified in opposition, and the City Council
having received the transmittal to agencies and having received the variance application,
having heard the testimony presented, being fully advised in the premises does hereby
malce the following Findings of Fact and Conclusions of Law and Order of Decision., as
follows to-wit:
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
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Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps.
2. The requirements of Idaho Code 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 Bower Street, LC, whose address is 5446 W. State
Street, Boise, Idaho 83703.
4. The owners of the property are The Bower Street, LC, whose address is
5446 W. State Street, Boise, Idaho 83703.
5. The location of the subject property is presently located in the Light
Industrial District (I-L) zone, and which subject property is located at 283 and 301
East Fifth Street, Meridian, Idaho 83642.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map as appears in the record of proceeds of this matter,
and is described as follows:
A parcel of land being part of Lot 6, and all of Lots 7 and 8, in Block 1 of Meridian
Business Park, a subdivision, according to the official plat thereof, records of Ada
County, Idaho, which parcel is more particularly described as follows:
Commencing at the Northwest corner of said Lot 8, Block 1, of Meridian Business
Parl<.; thence South 00018'57" West 85.25 feet to a point; thence
South 00031'11" West 252.03 feet to a point on the Westerly boundary of said Lot 6;
thence
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (W AREHODSE/OFFICE)
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North 89020'30" East 260.05 feet to a point on the Easterly boundary of said Lot 6;
thence
North 00031' II" East 312.21 feet to a point of curve; thence
along a curve to the left, said curve having a central angle of 90003'57", a radius of
20.00 feet, and a long chord bearing North 44030'47" West 28.30 feet to a point;
thence
North 89032'46" West 240.28 feet to the point of beginning.
7. The present land use of subject property is presently zoned Light
Industrial (I-L), and which subject property is presently vacant.
8. The proposed land use of subject property is to develop the subject
property by building a 25,000 square foot warehouse with 4,000 square foot office.
9. That a vicinity map, attached hereto as Exhibit "A", consisting of one
page, of the proposed scale approved by the City Council shovving property lines,
existing streets, proposed district and such other items as required have been furnished.
10. The Applicant seelcs a variance of the follovving provision of the Meridian
City Code, 9 11-13-4 B 3, DESIGN STANDARDS FOR OFF-STREET PARlGNG,
BLOCI<S, SCREENING, and in the I-L zone it provides as follows:
11-13-4 B 3: SCREENING:
a. Whenever a commercial off-street parl<ing area is located in or adjacent to
a .residential district, it shall be effectively screened on all sides which
adjoin or face any property used for residential purposes by a wall, fence,
or planting screen that is not less than four feet (4') in height plus a
planting strip of four feet (4') minimum width or in an alternate
arrangement as approved by the Commission.
b. Suitable landscaping and ground cover shall be provided and maintained
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
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on a continuing basis within the planting strip. Planting screens or
hedges shall not exceed two feet (2') in height where location is such that
sight lines are necessary for vehicular movement across pedestrianways:
c. At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousand five hundred (1,500) square feet of
pavement area.
II. All property owners within three hundred feet (300') of the external
boundaries have been notified by mail, and their mailing addresses may be obtained
from the list on file with the Planning and Zoning Department.
12. The characteristics of the subject property which prevent compliance with
the requirements of the ordinance are that the three lots have 3 unusual easements that
do not allow the planting of trees or other shrubs as follows:
a. Bower Street has an original townsite 80' right-of-way.
b. Ada County Highway District has an additional ten-foot-wide easement
to allow for a street drainage drainfield.
c. Along the entire west property line, Nampa-Meridian Irrigation District
has a 40' easement.
Also, in regard to the 3" caliper trees, due to the fact that many nurseries are
reporting a shortage or complete laclc of 3" caliper trees, the applicant requests a
reduction in the minimum tree caliper size to 2".
13. The miniInum requirements of the ordinance that need to be reduced to
pennit the proposed use would be the elimination of the requirement of one 3" caliper
tree per 1,500 square feet of asphalt. Applicant requests reduction from 37 trees to 25
trees, with reduction in caliper froIn 3" to 2". Due to the easements involved, applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (W AREHODSE/OFFICE)
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feels they have maximized the number of trees provided on the site. The variance
requests a reduction in the required trees to 25 two-inch caliper trees.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that the property is hindered by
unusual drainage and irrigation easements. If required to follow the ordinance, the lot
becomes non-functional and will not meet the requirements of the business.
15. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with, and the special conditions and
circumstances that exist, are that other properties are not burdened with the easements
and rights-of-way. At this time the 3" caliper trees are not able to be obtained which'
are needed for the building which is now under construction. Additionally, the
property has drainage and irrigation easements which are peculiar to the land.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the provisions of the Ordinance would malce the property
unusable by the intended tenant, and a certificate of occupancy will not be issued if the
site does not comply with City Ordinance.
17. The existence of special circumstances or conditions affecting the
property is that the circumstances of the property, in regard to the easements, were the
result of governmental actions and not those of the applicant. Nurseries in the valley
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (W AREHODSE/OFFICE)
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are reporting unavailability of certain species in the 3" caliper trees.
18. Granting the variance would maintain rights which would be afforded to
others in the same situation.
19. The Comprehensive Plan for the 1- L District is to provide for light
industrial development and opportunities for employment for Meridian citizens and
area residents and reduce the need to commute to neighboring cities; to encourage the
development of manufacturing and wholesale establishments which are clean, quiet and
free of hazardous or objectionable elements, such as noise, odor, dust, smolce or glare
and that are operated entirely or almost entirely within enclosed structures; to
delineate areas best suited for industrial development because of location, topography,
existing facilities and relationship to other land uses.
20. The variance would allow the applicant to maximize the most efficient
use of the land and maximizing the landscaping with the usage.
21. The granting of the requested variance will not be detrimental to the
public's welfare or injurious to other property in the area of the proposed plat, and, in
fact, the development of the plat in accordance with the conditions of approval and the
requirements of the Subdivision Ordinance will prevent the conditions which are th~
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER S1'REET, LLC (W AREHODSE/OFFICE)
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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
vanance.
CONCLUSIONS OF LAW
1. T11e City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance pennits.
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. Tllat the requirements for the processing of a variance request are set forth
in Idaho Code SS 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-
18-3, include required findings that there are special circumstances or conditions affecting
the property that strict application of the provisions of Zoning and Development
Ordinance would clearly be impracticable and unreasonable, and a finding that strict
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (W AREHODSE/OFFICE)
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compliance with the requirements of the Zoning and Development Ordinance would re~ult
in extraordinary hardship to the owner, subdivider or developer because unusual
topography, the nature or condition of adjacent development, or other physical conditions
or other conditions that make strict compliance with the ordinance unreasonable under
the circumstances, or that the conditions and requirements of said ordinance will result
in inhibiting the achievements or the objectives of the ordinance, and that the granting of
a specified variance will not be detrimental to the public's welfare or injurious to other
property in the area in which the property is situated, and that such variance will not h,ave
the effect of altering the interest and purposes of the Zoning and Development Ordinance
and the Meridian Comprehensive Plan.
5. Meridian City Code,S 11-13-4 B 3, DESIGN STANDARDS FOR OFF-
STREET PARIGNG, BLOCI(S, SCREENING, and in the I-L zone if granted the
fe-zone, provides as follows:
11-13-4 B 3: SCREENING:
a. Whenever a commercial off-street parking area is located in or adjacent to
a residential district, it shall be effectively screened on all sides which adjoin
or face any property used for residential purposes by a wall, fence, or
planting screen that is not less than four feet (4') in height plus a planting
strip of four feet (4') minimum width or in an alternate arrangement as
approved by the Commission.
b. Suitable landscaping and ground cover shall be provided and maintained on
a continuing basis within the planting strip. Planting screens or hedges shall
not exceed two feet (2') in height where location is such that sight lines are
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
necessary for vehicular movement across pedestrianways.
c. At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousand five hundred (1,500) square feet of
pavement area.
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 screening
requirements for The Bower Street, LC project for a 25,000 square foot warehouse with
a 4,000 square foot office in the I-L zone. Applicant shall only be required to install
twenty-five (25) trees that are two inch (2") caliper diameter, as detailed in the site plan
submitted with the variance application.
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 Screening Requirements in the 1- L .
Zone as provided in the Section 12-4-5 and 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (W AREHODSE/OFFICE)
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? 1J,j)
By action of the City Council at its regular meeting held on the ~ - day of
CJGfv~
, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
VOTED~
VOTED$'--'
VOTED ~
COUNCILMAN ICEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
----
MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED
DATED: / (J.- .3 -t)O
MOTION: rAJ
APPROVE. ~
DISAPPROVED:
rnsg/Z: \ W ork\M\Meridian 15360M\Bower Street LLC V AR -00-0 19\FfClsGran tVariance
Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.S
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Department, and the City Attorney office. '\\\\\\of lAC~.:"11111
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-019
THE BOWER STREET, LLC (W AREHODSE/OFFICE)
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR
PRELIMINARY/FINAL PLAT
FOR PRESIDENTIAL
SUBDIVISION FOR THREE
BUILDING LOTS ON 10.99
ACRES IN AN I-L ZONE,
LOCATED AT THE
SOUTHEAST CORNER OF
PRESIDENTIAL DRIVE AND
EAGLE ROAD AT THE
MERIDIAN CROSSROADS
CENTER, MERIDIAN, IDAHO
BY: DEVELOPERS
DIVERSIFIED / DAI(OTA
COMPANY ;,
C/C 09-13-00
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Case No. P/FP-OO-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF
PRELIMINARY/FINAL PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on September 5,2000, and continued until September 13,2000, and
Steve Siddoway, Planner for Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III for Public Works Department, appeared and
testified at the hearing, and appearing and testifying was the Applicant, Tom
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION /
BY DEVELOPERS DIVERSIFIED / DAI(OTA COMPANY (PFP-OO-002)
- I
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Bauwens of the Dal(ota Company, Inc., for Developers Diversified Realty
Corporation, and the City Council having received a report from Shari Stiles, the
Planning and Zoning Administrator, and the City Council having received as part of
the record of this matter the recommendation to City Council of the Planning and
Zoning Commission and the applicant having submitted the Plat Drawing described
as follows, "Preliminary Plat Presidential Subdivision, PRE-PLAT3.dwg, 9-7 -00,
Sheet I of I, Quadrant Consulting, Inc.", 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 conformance with the
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION /
BY DEVELOPERS DIVERSIFIED / DAICOTA COMPANY (PFP-OO-002)
.. 2
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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 preliminary plat approval.
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Engineering Technician
III 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
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat as hereinafter set forth.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT.. PRESIDENTIAL SUBDIVISION /
BY DEVELOPERS DIVERSIFIED / DAI(OTA COMPANY (PFP..OO-002)
.. 3
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Final Plat of the applicant as evidenced by "Preliminary Plat Presidential
Subdivision, PRE-PLAT3.dwg, 9-7-00, Sheet 1 of 1, Quadrant Consulting, Inc.",
submitted for preliminary/final plat.
2. The conditions of Staff comments as set forth in the Memorandum to the
Mayor and City Council from Steve Siddoway, Planner for Planning and Zoning, ~nd
Bruce Frecldeton, Engineering Technician III, dated August 2, 2000, listing 11
General Comments, 9 Preliminary Plat Comments, and 6 Final Plat Comments, a
true and correct copy of which is attached hereto marked Exhibit "A", and consisting
of four pages, and by this reference incorporated herein, with the additional
requirement from the City Council meeting of September 13,2000, and the
requirements as follows, to-wit:
2.1 The City Council, at their September 13, 2000 meeting, additionally.
requires that the buffer wall be built before any structural building
permits are issued.
2.2 Fire Chief, I(enny Bowers, requires that all codes need to be met. All
water supplies and hydrants need to be installed and working before
construction shall begin.
2.3 The Central District Health Department requires after written approval
from the appropriate entities are submitted, they can approve this
proposal for central sewage and central water; that plans must be
submitted to and approved by the Idaho Department of Health and
Welfare, Division of Environmental Quality for central sewage and
central water; that run-off is not to create a mosquito breeding problem;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT.. PRESIDENTIAL SUBDIVISION /
BY DEVELOPERS DIVERSIFIED / DAI(OTA COMPANY (PFP..OO..002)
.. 4
(
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and that it was suggested that the stormwater be pretreated through a
grassy swale prior to discharge to the subsurface to prevent impact to
groundwater and surface water quality; that engineers and architects
should obtain current best management practices for stormwater
disposal and design a stormwater management system that is preventing
groundwater and surface water degradation. Manuals for guidance: .
2.3.1 State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2.3.2 Stormwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, January 1997.
2.4 The Nampa & Meridian Irrigation District requires all laterals and
waste ways be protected. All municipal surface drainage must be
retained on site. If any surface drainage leaves the site, Nampa &
Meridian Irrigation District must review drainage plans. The Developer
must comply with I.C. 31-3805.
2.5 The Ada County Highway District in their letter, dated August 3,2000,
Subject: MPFP-OO-002- REVISED, stating the staff report shall be
prepared for the project, when the report has been completed is shall be
attached hereto as Exhibit "B", and shall pertain to the conditions of the
Ada County Highway District.
2.6 The water line easement shown on the plat on the south boundary may
be eliminated since a water main exists in the right-of-way for Pine
Avenue.
3. The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT.. PRESIDENTIAL SUBDIVISION /
BY DEVELOPERS DIVERSIFIED / DAICOTA COMPANY (PFP..OO..002)
.. 5
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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
::J /ZIJ
By action of the City Council at its regular meeting held on the a - day of
tJGllf~
, 2000.
RT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s
Department and City Attorney.
By~Jt$~b;Xu7?~
City Clerk tI .
Dated:
/t}~3~OO
msg/Z:\ W ork\M\Meridian 15360M\PresidentialSub PFP002\Pre&FinaIPlatFfCls
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT.. PRESIDENTIAL SUBDIVISION /
BY DEVELOPERS DIVERSIFIED / DAI(OTA COMPANY (PFP..OO-002)
.. 6
I1 UD . U r l.f\C../'1JJU.J. u.:.. Y~.J..
Keith Bird
Tammy deWeerd
O:terie McCandless
> A Good Place to Live "
C~.t Y OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433. FA){ (3:>8) 887-4813
City Oerk Office Fax M 888-4218
PL\NNI}.1G Al'ID ZONIN'G
DEP ARIMENr
(:08) 884-5533 . ~.A.X 888-6854
LEGAL DEP.~ThffiNT
(:08) 288-2499 · Fu 288-2501
PUBliC WDRKS
BUIIDING DEPARTMENr
(:08) 887-:?211 . Fax 887-1297
MEMORANDUM:
August 20009
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To:
Mayor, City Council, Planning & Zoning
Bruce Freckleton, Assistant to City Engineer ~
Steve Siddoway, Assistant Planner ~~
From:
Re:
Request for Preliminary/Final Plat Approval for Presidential Subdivision
By Developers Diversified Realty Corp., c/o Dakota Company, Inc.
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
GENERAL COMMENTS
1. Any existing irrigatiOn/drainage ditches crossing the property to be included in this project
shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, with written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling of any ditches crossing this
project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service .per City Ordinance 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance 11-13.
4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance 11-13-4 and in accordance with Americans with
Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking areas as per City Ordinance
11-13-4.B.4. All site drainage shall be contained and disposed of on-site.
6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-:5-2.M.
PFP~
Presidential Sub.PFP.doc
€~lub"f jt1- /
"yor, Council and P&Z/..
rtgust 2, 2000 (
,/,'p~ge 2
7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning
and Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs
will be permitted.
8. Provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.K.
9. All construction shall conform to the requirements of the Americans with Disabilities Act.
10. 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.
11. Please respond in writing to all comments contained in this memo by 12:00 ,noon August 7,
2000, prior to the scheduled meeting of the Meridian Planning and Zoning Commission.
PRELIMINARY PLAT COMMENTS
1. Sanitary sewer and water service to this site shall be via main extensions from the existing
mains installed as part of the Family Center and Lewis & Clark Middle School projects.
2. An additional common lot shall be added along Eagle Road, Pine Avenue, and adjacent to
Crossroads Subdivision to accommodate the required landscape buffers. Twenty (20) feet
minimum is required along Eagle Rd as an entryway corridor and to match phase 1 of the
Family Center. Twenty (20) feet minimum is required along Pine Ave as an Urban
Collector. Twenty (20) feet minimum is also required adjacent to Crossroads Subdivisio~ as
a buffer between incompatible land uses. All buffers are measured from the property line,
beyond all future road right-of-way.
3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense.
4. Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by an association or the Nampa & Meridian
Irrigation District. If the system is being proposed as a private system, plans and
specifications for the irrigation system shall be reviewed by the Public Works Department as
part of the development plan review process. A draft copy of the pressurized irrigation
system O&M manual must be submitted prior to plan approval. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water. If a
creek or well source is not available, a single-point connection to the culinary water system
shall be required. If a single-point connection is utilized, the developer shall be responsible
for the payment of assessments for the common areas prior to signature on the final plat by
the Meridian City Engineer. If City water is proposed as a secondary source, developer shall
be responsible to pay water assessments for the entire common open area
PFP..00-002
Praidential Sub.PFP.doc
Edt /6/1 'lI" :J-
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Detailed landscape plans for all common lots shall be submitted for review and approval
prior to signature on the Final Plat. A letter of credit or cash surety will be required for the
improvements prior to City signature on the Final Plat.
6. A six to eight-foot-high, permanent perimeter wall shall be required along the east property
line, similar to the wall already in place along Phase 1 of the Family Center. Submit detailed
fencing/wall plans for review and approval prior to City signature on the Final Plat. All
required walls/fencing is to be in place prior to issuance of building permits.
7. All signage for the subdivision is subject to the requirements placed on the Conditional Use
Permit for the Family Center and requires separate permits.
8. Staff requests that the sidewalks 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. Detached
sidewalks will be more comfortable for pedestrians to walk on and will provide a buffer
between the pedestrian and traffic on Eagle Road.
9. Submit 10 copies of the revised plat that conforms to these requirements at least one week
prior to the public hearing with City Council. Also submit one 8 ~ x 11 legible copy of the
revised plat.
FINAL PLAT COMMENTS
1. Revise Note 1 to read, "This subdivision is subject to all requirements of the approved
Conditional Use Permit."
2. Please add the following final plat notes:
(2) Any re-subdivision of this plat shall comply with the applicable zoning
regulations in effect at the time of re-subdivisio~ or as allowed by conditional
use.
(6) Delete
(7) Building setbacks and dimensional standards in this subdivision shall be in
compliance with the applicable zoning regulations of the City of Meridian, or as
allowed by conditional use.
(8) Delete
(9) Delete
(12) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is
responsible for the maintenance thereot: unless such responsibility is assumed by
an irrigation/drainage district.
(13) The bottom elevation of structural footings shall be set a mlnimum of 12 inches
above the highest normal ground water elevation.
3. Please clarify the distance calls along the north boundary of Lot 1, Block 1.
PFP-00-002 Presidential Sub.PFP.doc
E~;',.bi{ i'I.~
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 may also be charged againstlthis parcel to help reimburse the parties responsible for
installing the water and sewer mains to their current points.
5. The bearing and distance shown on the final plat map for the tie to the east west mid-
section line and Pine Street does not match the corresponding call in the Certificate of
Owners. Please revise the appropriate call to match.
6. Please execute the Certificate of Owners and its accompanying Acknowledgement.
PFP..00-002 Presidential Sub.PFP.doc
t:V&,'b,'I ill" ~
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September 29, 2000
AZ 00-017
MERIDIAN CITY COUNCIL MEETING
October 3, 2000
APPLICANT Primeland Development, Co., LLP ITEM NO. 2
REQUEST Ordinance - Annexation and zoning of 52.90 acres from RT to R-4 for proposed
Bridgetower Subdivision - n/o Ustick Road and eto Ten Mile Road
AGENCY
COMMENTS
2una oC - 5 PM 1: 32
See attached Ordinance SI.0f
RECO~~€~\~~~BL ('I
fEE- +-_OEPU1'< .j;tJ..
1ft \ 0 0 0 19 863
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
~ OP, COU~HY RECORDER
M ~ Df~V\O NAVARRO
.. .. r"\ r'" 1 0 I'd) 0
D 0 i 2~ !... l. i.,' i
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: ~ dut f:t;vw cu;t( Date: q /2A
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Phone: lAG ~.
Materials presented at public meetings shall become property of the City of Meridla~.
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WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
JULIE KLEIN FISCHER
WM. F. GIGRA Y, In
BRENT J. JOHNSON
D. SAMUEL JOHNSON
WILLIAM A. MORROW
WILLIAM F. NICHOLS*
CHR.:rSTOPHER S. NYE
PHILIP A. PETERSON
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE**
ATTORNEYS AT LAW
NAMPA OFFICE
104 9TH AVE. SOUTH
POST OFFICE Box 247
NAMP A, IDAHO 83653-0247
TEL. (208) 466-9272
FAX (208) 466-4405
200 EAST CARLTON AVE., SUITE 31
POST OFFICE Boxl150
MERIDIAN, IDAHO 83680-1150
* Also admitted in OR
** Also admitted in W A
TEL (208) 288-2499
FAX (208) 288-2501 EMAIL @WPPMG.COM
PLEASE REPLY TO
MERIDIAN OFFICE
September 13,2000
William G. Berg, Jr.
Meridian City Hall
33 E. Idaho Street
Meridian, Idaho 83642
Re: BRIDGETOWER SUBDIVISION AZ-OO-OI7 / ANNEXATION AND
ZONING ORDINANCE (R-4)
Dear Will:
Please find enclosed the above ordinance for the annexation and zoning for Primeland
Development Co., LLP. Please place this ordinance on the City Council agenda. This ordinance
should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning are adopted.
Additionally, I did not include any of the conditions of development set forth in part
3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning
ordinances should not contain conditions other than a reference to a development agreement if so
ordered. A development agreement was requested in this matter so I have fashioned the language
in the Decision and Order to address the conditions of within the Development Agreement and that
the property is to be developed under the planned unit development process and conditional use
permit process. Please supply this letter to the Mayor and Council for their consideration of these
Findings and Ordinance.
If you have any questions arise, please advise.
Wm. F. Nichols
Illsg\Z:\Work\M\Meridian I 5360M\BridgeTower AZOl7 CUP043 PPOI7\Clerk on Ord .Ltr
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CITY OF MERIDIAN
ORDINANCE NO. g 0/2-
AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<NOWN AS
BRIDGETOWER SUBDIVISION LIES CONTIGUOUS OR ADJACENT TO THE CITY
LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND
FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY
OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL
DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL
MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE
CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP
OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR,
TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE
OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1.
FINDINGS: That the following described land is
contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has
received a written request for annexation to the City of Meridian, Idaho, by the owner of said
Property to-wit:
A parcel of land located in the South 1/2 of Section 35, Township 4 North, Range I West,
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-OO-017) - 1
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Commencing at the southeast corner of the Southwest 1/4 (South 1/4 corner) of Section 35,
Township 4 North, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of
this description;
Thence N 89015'23" W 688.00 feet along the south line of said Southwest 1/4 to a point;
Thence N 06003'43" E 431.45 feet to a point on the southerly right-of-way of Fivemile Creek;
Along the southerly right-of-way of Fivemile Creek;
Thence N 62008'33" W 431.54 feet to a point;
Thence N 81001'45" W 280.82 feet to a point on the right-of-way of the Creason Lateral;
Leaving said Fivemile Creek right-of-way, and along the right-of-way of the Creason Lateral;
Thence N 00040' 14" E 590.43 feet to a point;
Thence N 45043'33" E 72.70 feet to a point;
Thence S 89013'09" E 989.10 feet to a point;
Leaving said right-of-way;
Thence N 10050'08" W 30.61 feet to a point;
Thence S 89013'05" E 52.47 feet to a point on a curve;
Thence along a curve to the left 20.69 feet, said curve having a radius of 20.00 feet, a delta
angle of 59015'59", tangents of 11.38 feet, and a long chord bearing S 62022'01" E 19.78 feet
to a point of tangency;
Thence N 88000'00" E 16.57 feet to a point;
Thence N 00026'55" E 237.28 feet to a point;
Thence S 89013'05" E 276.33 feet to a point;
ANNEXATION AND ZONING ORDINANCE (AZ-OQ-017) - 2
(-
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Thence S 39022'16" E 282.38 feet to a point;
Thence S 00026'55" W 21.92 feet to a point;
Thence S 26024'21" E 65.90 feet to a point;
Thence S 50025' 12" E 784.17 feet to a point;
Thence S 25017'47" W 204.78 feet to a point;
Thence S 35000'00" W 140.55 feet to a point;
Thence S 29000'00" W 173.61 feet to a point;
Thence S 37000'00" W 100.84 feet to a point;
Thence N 53000'00" W 102.00 feet to a point;
Thence S 37000'00" W 50.00 feet to a point;
Thence S 53000'00" E 110.00 feet to a point;
Thence S 31000'00" E 154.95 feet to a point on the northerly right-of-way of Fivemile Creek;
Thence S 00045'38" W 65.00 feet to a point on the south line of the Southeast 1/4 of said
Section 35;
Thence N 89014'22" W 660.60 feet along said south line to the REAL POINT OF
BEGINNING of this description, said parcel comprising 52.90 acres, more or less.
SECTION 2:
That the above-described real property be, and the same is
hereby annexed and made a part of the City of Meridian, Ada County, Idaho.
ANNEXATION AND ZONING ORDINANCE (AZ-OO-017) - 3
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SECTION 3:
That the real property herein by this ordinance annexed to
the City of Meridian hereinabove described shall be zoned Low Density Residential District
(R-4).
SECTION 4:
That the City Engineer is hereby directed to alter all use
and area maps as vvell as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5:
The zoning designation set forth in Section 3 of this
ordinance is subject to the terms and conditions of that certain Development Agreement by
and between the City of Meridian and the owner of the land described in Section 1 dated the
/b1J . ~
3- - day of em b-ev, 2000, 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 ordinance shall be in full force and effect from and
after its passage, approval and publication, according to law.
SECTION 8:
The Clerk of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, 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
ANNEXATION AND ZONING ORDINANCE (AZ-OO-017) - 4
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shall also file simultaneously a certified copy of this ordinance and map with the State Tax
Conunission of the State of Idaho, all in cOlnpliance with Idaho Code 963-2215 and 950-
223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this JI?::P day
of tJc.ftJ~, 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this :J ~
day of Ook 6e~ ,2000.
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STATE OF IDAHO,)
County of Ada. )
On this~ day of OoHrrKA-- ,2000, before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal.~~y.~d year first above wri en. "
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. 812;.
passed by the City Council of the City of Meridian, on the 3P.JL day of ~~
2000, 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.
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/J/lC?~,this 8rd day of. ~0.vv, in the year 2000, before me,
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WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
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September 28, 2000
MERIDIAN CITY COUNCIL MEETING October 3,2000
APPLICANT Department Report - Janice Smith ITEM NO. 7-A-l
REQUEST Treasurer's Report
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
fv
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF G. L. VOIGT
AND OVERLAND LLC AND
JOINT SCHOOL DISTRICT NO.
2, FOR APPROVAL OF FINAL
PLAT FOR RESOLUTION
BUSINESS PARI( LOCATED
SOUTH OF OVERLAND AND
EAST OF LOCUST GROVE,
MERIDIAN, IDAHO
C/C 10-03-00
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CASE NO. FP-OO-019
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to Meridian City Code S 12-3-7 on October 3,2000, and the Council finding
that the Administrative Review is complete which has included certain comments and
conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning
and Zoning Administrator, and Bruce Frecldeton, Engineering Technician III, listing 12
General Comments and 13 Site Specific Comments, which are herein found fair and
reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at
the hearing, and no one appeared to testify, and the Council having considered the
requirements of the preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF -- PAGE 1 OF 3
FINAL PLAT FOR RESOLUTION BUSINESS PARlC (FP-OO-019)
(
(
IT IS HEREBY ORDERED THAT:
1.
The Final Plat of "RESOLUTION SUBDIVISION NO. I" as
evidenced in Plat bearing the File name: SHEET I OF 2,0101 \0 10 I-PLAT. MNM,
dated: 08/17/00 and stampedAUG 23 2000, BRIGGS ENGINEERING, INC.,
Consulting Engineers, RESOLUTION BUSINESS P ARI(, LLC, Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Frecldeton, Engineering
Technician III, and Shari Stiles, Planning and Zoning Administrator, dated September
29,2000, listing 12 General Comments and 13 Site Specific Comments, a true and
correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages,
and by this reference incorporated herein.
2.
The final plat upon which there is contained the Certification and signature
of the City Clerl( and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer; and
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.
ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 3
FINAL PLAT FOR RESOLUTION BUSINESS PARI( (FP-OO-OI9)
(
By action of the City Council at its regular meeting held on the ~,.e.b oay of
t9~ ,2000.
By: , ~
~ BERT D. CORRIE
'Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
Dated:
/ /J.- J1--tJ 0
msg\Z:\Work\M\Meridian 15360M\Resolution Business Park AZ RZ CUP PP\Order FP
ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 3
FINAL PLAT FOR RESOLUTION BUSINESS PARlC (FP-OO-019)
1\L\ YOR
Robert D. Corrie
HUB OF TREASURE VALLEY
1"
{, A Go.xl Place to Live
CITY COUNCn.. j\1B.\ffiERS
CITY OF l\1ERIDIAN
LEGAL DEPARTMENT
(208) 288-2499 ~ Fax 288-2501
Ron J\nderson
33 EAST IDAHO
1\.1ERIDIAN, IDAHO 83642
(208) 888-4433 . FiLX (208) 887-4813
City Oerk Office Fax (208) 888-4218
PUBUC WORKS
BUILDING DEP1\RThfENT
(208) 887-2211 . Fax 887-1297
Keith Bird
Tammy deWeerd
Cherie McCandless
PL\.1'JNING ",-\NO ZONING
DEPARThIENf
(208) 884-5533 . F ~X 888-6854
MEMORANDUM:
September 29, 2000
To:
Mayor and City Council
Bruce Freckleton, Assistant to 7~inee~
Shari Stiles, P&Z Administrato
From:
Re:
Request for Final Plat for Resolution Subdivision - 10 Buildable Lots and 1
Common Lot on 91.83 Acres in an L-Q Zone (File# FP -00-019)
This subject property was rezoned from R-4 to L-O in July 2000 (Ordinance No. 880) and is
subject to terms of a development agreement (Resolution No. 332). All development is to
conform to the requirements of the preliminary plat and the conditional use permit for a planned
development. Staff's failure to specifically identify requirements in this memorandum does not
relieve developer of responsibility for compliance.
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
GENERAL COMMENTS:
1. Any existing active irrigation/drainage ditches crossing the property shall be tiled per
City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans
. will need to .be approved by the appropriate irrigation/drainage di~ct, or lateral users
association, with written confirmation of said approval submitted to the Public Works
Department
2. Any existing domestic wells and/or septic systems .within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. Two-hundred-fifty-watt and IOO-watt, high-pressure sodium streetlights will be required
at locations designated by the Public Works Department. All streetlights shall be installed
at subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
4. Submit a "Final" letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
5. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
FP-004>] 9 ResolutionSub.fp.doc
EXA,'b:f 'Jq" / 011
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Mayor and City Council (-
September 29, 2000
Page 2
6. Provide five-foot-wide sidewalks throughout the development in accordance with City
Ordinance Section 12-5-2.K
7. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
8. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
9. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
10. Assessment fees for water and sewer service are determined during the building plan
review process. Each individual building owner shall be required to enter into a Re-
Assessment Agreement with the City of Meridian for all uses. An assessment agreement
is a vehicle that protects the City of Meridian and the developer in the event that
estimated assessments are not in line with actual usages. The agreement provides for
reimbursement to the developer for overpayment of assessments and payment to the City
of Meridian of any shortfall in assessments. The overpayment/shortfall is determined
after adequate historical usage.
11. Applicant has indicated the pressurized irrigation system within this development is to be
owned and maintained by the Nampa & Meridian Irrigation District. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round source
of water. If a creek or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas prior
. to signature on the final plat by the Meridian City Engineer. If City water is proposed as
a secondary source, developer shall be responsible to pay water assessments for the entire
common open area
12. Due to the completeness of the application and minor nature of the remaining issues
involved, a response from the applicant is not necessary.
SITE SPECIFIC COMMENTS:
1. Sanitary sewer service to this site will be via extensions from the Five Mile Trunk that is
currently under construction by this applicant. Applicant will be responsible to construct
the sewer mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Sewer manholes
are to be provided to keep the sewer lines on the south and west sides of the centerline.
2. Water service to this site will be via extensions from newly constructed mains under the
interstate, and from extensions of existing mains installed in adjacent developments.
FP-oO-O 19 ResolutionSub.fp.doc
E!./z. 'b,r "/1" c:( ofJ~
Mayor and City Council _
September 29, 2000 (
Page 3
Applicant will be responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Please provide the Public works department with information on
anticipated fire flow and domestic water requirements for the proposed site. Water
service to this development is contingent upon positive results from a hydraulic analysis
by our computer modeL Flow and pressure from the existing mains should be monitored
with the Meridian Water Department.
3. Detailed landscape plans for all landscape buffers must be submitted for review and
approval prior to signature on the final plat. Interior landscaping will be dealt with on a
site-by-site review basis with future CUP applications. A letter of credit or cash surety
will be required for the improvements prior to signature on the Final Plat.
4. Six-foot-hig~ permanent fencing shall be required prior to issuance of building permits.
Submit detailed fencing plans for review and approval prior to signature on the final plat4
5. The Hunter Lateral is located along the westerly boundary of the property. 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. A letter of credit or cash will need to be submitted for tiling of the ditches
prior to signature on the final plat.
6. Building permits will be subject to any trunk line extension fees in existence at the time
of application4
7. Add or revise the following notes:
2. . . .zoning regulations of the ~ity of Meridian, ldab.o~ or as allowed by conditional
use.
8. . Please complete the Certificate ofOvvner and accompanying Acknowledgment.
9. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, road base approved by the Ada County
Highway District, and perimeter fencing is to be in place prior to any building permits
being issued. All landscape setback areas are to be constructed prior to issuance of
Certificate of Occupancy for any building within the subdivision. A letter of credit or
cash surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat.
10. Please correct the curve table information for Cl.
11. The easement for the temporary turnaround shall be dedicated outside of the plat;
reference the recordation instrument number on the face of the plat.
FP"{)O-O I 9
ResolutionS ub. fp.doc
Exn,l),.f 11 N c3 of 4
Mayor and City COlU1cil~- -
.... f
S~ptember 29, 2000 {
Page 4
(
12. S. Red Cloud Avenue is shovm adjacent to this subdivision on the southern boundary.. E.
Blue Tick, in Raven Hill Subdivision, is also adjacent to this subdivision. Either show all
adjoining public roadways consistently or remove them from the face of the plat.
13. The Final Plat must be recorded prior to issuance of any building permits or Certificates
of Zoning Compliance.
FP -00-019 Resal utionS ub. fp.dac
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September 28, 2000
MERIDIAN CITY COUNCIL MEETING October 3, 2000
APPLICANT Department Report - Tom Kuntz ITEM NO. 7-B-2
REQUEST Storey Park Irrigation System Bids
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: ~v_ LlI__I._J r._
kJl--#J
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(if
Contacted:
r __I _ ___J n I J"
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
~0.38tid
10S~ 868 80c
'.
MERIDIAN PARKS
-v/~-- .. - -
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Memorandum
To: Mayor Corrie, and City Council
From: Elroy Huff
Date: 10-02-00
RECEIVED
OCT 0 3 2000
CITY OF MERIDIAN
CITY CLERK OFFICE
Re: Storey Park Inigation Bids
The bids on the Storey Park irrigation system were opened on September 8th. The
low bid was submitted by Hillside Nursery at $159, 139.23. A.l was the only other
bidder at $170,818.00.
We recommend that both bids be rejected and the project be re-advertised for the
following reasons:
1. Last October, our budget was $80,000 for the project. The low bid came in at
$126,000.00. This means that the project has increased by $33,000.00 in eleven
months~
2. Our staff and the architect estimate was $145,000.00 low bid was $14,000.00
over that amount.
3. The biddjng could have been more competitive with more than two bids~
4. If we award the contract of $159,000.00 we would have no funds left to
administer the contract, to address change orders, or complete fencing along the
southern boundary.
5. In 2003, Franklin Road from 1st Street to Locust will be reconstructed to a five-
lane road. The Rutledge Irrigation Lateral will have to be moved out if the right-of-
way along the edge of the park grounds. There will be considerable amounts of
fill work done to re-Iandscape the area from 151 to the Chamber of Commerce
Building. This will require the pump station be moved to another area that will not
be affected by the widening of Franklin road.
1 0/02100
(
(
September 28, 2000
MERIDIAN CITY COUNCIL MEETING October 3, 2000
APPLICANT Department Report - Tom Kuntz ITEM NO. 7-B-3
REQUEST Brick Pavers at Generations Plaza II
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: See attach'ed from Parks and Rec
COMMENTS
v~
~~
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
c0.3~tid
10SS 868 80c
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MERIDIAN PARK
Memorandum
To: Mayor Come, City COWlcil
Fron1: Tom Kuntz 'l"~~
Date: 09..29-00
Re: Bricks at Generations Plaza Phase 2
RECEIVED
OCT 0 3 2000
CITY OF MERIDIAN
CITY CLERK OFFICE
We are starting construction of Generations Plaza Phase 2, which will include two new walls
that will hold a total of 336 engraved brick pavers. The revenue generated from the sale of the
bricks will help offset the constJuction costs.
We are requesting Council's approval to set the price at $100.00 per brick. The Parks and
Recreation Commission unanimously supported the fee at their September meeting.
09129/00
(
September 28, 2000
MERIDIAN CITY COUNCIL MEETING
October 3, 2000
APPLICANT Department Reports - Gary Smith
ITEM NO.
7 -0-3
REQUEST Award of the Meridian Ustick Reservoir Landscape Project Re-Bid
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
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Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
4~
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To: Mayor Corrie
From:Gary D. Smith, PE
CC: file
Date: 09/25/00
Re: Meridian Ustick Reservoir Landscape Project
Mayor: Bids were opened at City Hall at 3:00 P.M., September 22, 2000 for this
project to landscape the area around the City water reservoir tank at Ustick and
Meridian Roads.
This was a re-bid project and two bids were received. The bidder names and
amounts bid are as follows:
A to Z Sprinklers, Inc.
Hillside Nursery
$78,925.00
$79,956.00
The bids were reviewed for completeness and found to conform to the bidding
requirements.
In that regard, we recommend the following action by the City Council:
That the City of Meridian award this contract to A to Z Sprinklers, Inc., of Boise,
Idaho, for $78,925.00 and authorize Mayor and City Clerk to sign the Notice of
Award and subsequent required contract documents.
Gary Smith
/
From the desk of. . .
Respectfully submitted,
Gary D. Smit~ PE
Meridian City Engineer
Meridian Public Works Departrralt
20J E CarltonSt, Suite 100
Meridi.an Idaho 83642-2600
. Page 1
(208) 887-2211
Fax: (208) 887-1297
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= THE LAND GROU~ INC.
,\.ir:'~ r.i
Landscape Architecture · Civil Engineering · Environmental & Site Plannillg III
128 S. Eagl t~ Road · Eaglt.,'/ daho 83616 · Phone (208.J 939-4041 · Fax (208 j 939 -4445 A S L ,\
. September 25, 2000
Gary Smith
City of Meridian
'Public Works Director
200 E. Carlton
. -Meridian, ID 83642
Dear Gary:
. .
We are excited to notify the City of Meridian a list of contractors bidding on the Ustick Reservoir Landscape
. Project.
Following is a list of contractors and their bid costs.
Project:
. Bid Opening
USTICK RESERVOIR LANDSCAPE
September 22,2000 @ 3:00 pm
BIDDER A to Z Sprinklers, Hillside Nursery
Inc..
Proposed Properly X X
Completed & Signed
General lnfonnatjon X X
Requ ired of Bidders
TOT AL BID $78,925~OO $79,956.00
After revie\ving the bids and the forms ~ we suggest to the City of Meridian to award the project to the
apparent low bid, A to Z Sprinklers, Inc., Boise, Idaho.
SEP 25 '00 10:47
2089394445
PAGE. 01
.A. ~II- 0' '-JUr-' ~ II......
c:...UOuvu.,..,..,..,J
p. I
CITY OF MERIOrAN
USTICK RESERVOIR LANDSCAPE
NOTICE OF AWARD
TO:
A to Z Sprinklers, Inc.
DATED:
1 0/4/00
9635 Halstead Drive
Boise, Idaho 83704
PROJECT DESCRIPTION: USTICK RESERVOIR LANDSCAPE
The OWNER has considered the Bid submitted by. you for the above
described Work in response to its Advertisement for Bids and Information for
Bidders.
You are hereby notified that your Bid has been accepted for (description):
USTICK RESERVOIR LANDSCAPE
rn the amount of : Seven
Dollars ($781925.00
Etht Thousand, Nine HundredTwent Five
l.
You are required to fully execute the Agreement and furnish the required
Contractor's Performance bond, Payment Bond and Certificates of Insurance within
ten (10) calendar days from the date of the notice to you, that is by October 14,
2000.
If you fail to execute said Agreement and to furnish said bonds and
certificates of insurance within ten (10) calendar days from the date of this Notice,
said OWNER will be entitled to consider all your rights arising out of the OWNER's
acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The
OWNER will be entitled to such other rights as may be granted by law.
You are required to return the attached ACCEPTANCE OF NOTICE OF
AWARD to the OWNER.
OWNER:
A lTEST:
CITY OF MERIDIAN, IDAHO
By:
By:
Name: ROBERT D. CORRIE
Title: MAYOR
Approved by City Council: 1 0/3/00
Name: WILLIAM Go BERG, JR.
Title: CITY CLERK
23
SEP 25 '00 10:49
2089394445
PAGE. 07
(
(
September 28, 2000
MERIDIAN CITY COUNCIL MEETING
October 3, 2000
APPLICANT Department Reports - Gary Smith
REQUEST Award of the Plaza Sewer Rehabilitation Project Bid
ITEM NO.
7 -D-4
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
See attached
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Vi
V . ·
vlfJIV. J-
t(; - fdv
J-I . rfJ' ory
to .'f10 ~ tJ 1; ;
~ LDI
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
City of Meridian
Public Works Dept.
To: Mayor Corrie and City Council
From: Brad Watson, P.E. ~a..J
CC: File, Gary Smith, PE
Date: 09/29/00
Re: 1)
PLAZA SEWER REHABILITATION PROJECT
I am requesting the following item be placed on the City Council meeting agenda, under
Public Works Department Reports, for their consideration at the October 3 meeting.
Plaza Sewer Rehabilitation Proiect. Bids were opened September 28 for this project. The
first phase of this project replaces 630 feet of sewer in the alley that runs by Generations
Plaza from East 1st Street to East 3rd Street. The second phase replaces 375 feet of sewer in
the alley that runs behind Chapel of the Chimes from East 1 st Street to East 2nd Street Four
bids were received and are summarized below:
Bodiford Construction (Boise)
Watton, Inc. (Heybum)
Brown Construction (Nampa)
Sommer Construction (Meridian)
Engineers Estimate
Bid Schedule #1
Ocen Cut/ReDlace
$70,352.00
No Bid
$78,294.00
$93,938.00
$75,000
Bid Schedule #2
PiDe Burstin~
$70,352.00
$71 ,272.00
$88,244.00
No Bid
Two methods of completing the project were allowed: 1) traditional open cut and 2) pipe
bursting. Since the low bidder submitted identical bids for either method, the City will be able
to choose which method is more appropriate after evaluation of references and the
contractor's prior experience~ Evaluation of Bodiford Construction's references, qualifications
and license will be completed prior to the Council meeting.
The Public Works Deparbnent recommends that City Council award the
contract for this project to Bodiford Construction subject to satisfactory
evaluation of their references, qualifications and license.
Please contact me if you have any questions or need additional information~
Thank you
. Page 1
(
(
City of Meridian
Public Works Dept.
Memo
ski 67
To: Mayor Conie and City Council
From: Brad Watson, P.E.~.?LJ
CC: File, Gary Smith, PE
Date: 09129/00
Re: 1)
PLAZA SEWER REHABILITATION PROJECT
I am requesting the following item be placed on the City Council meeting agenda, under
Public Works Department Reports, for their consideration at the October 3 meeting.
Plaza Sewer Rehabilitation Proiect Bids were opened September 28 for this project The
first phase of this project replaces 630 feet of sewer in the alley that runs by Generations
Plaza from East 1st Street to East 3rd Street. The second phase replaces 375 feet of sewer in
the alley that runs behind Chapel of the Chimes from East 1 at Street to East 2nd Street Four
bids were received and are summarized below:
Bodiford Construction (Boise)
Walton, Inc. (Heybum)
Brown Construction (Nampa)
Sommer Construction (Meridian)
Engineer's Estimate
Bid Schedule #1
Ooon CutlReDlace
$70,352.00
No Bid
$78,294.00
$93,938.00
$75,000
Bid Schedule #2
PiDe Burstina
$70,352.00
$71 ,272.00
$88,244.00
No Bid
Two methods of completing the project were allowed: 1) traditional open cut and 2) pipe
bursting. Since the low bidder submitted identical bids for either method, the City will be able
to choose which method is more appropriate after evaluation of references and the
contractor's prior experience. Evaluation of Bodiford Construction's references, qualifications
and license will be completed prior to the Council meeting.
The Public Works Deparbnent recommends that City Council award the
contract for this project to Bodiford Construction subject to satisfactory
evaluation of their references, qualifications and license.
Please contact me if you have any questions or need additional information.
Thank you
. Page 1
(
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September 28, 2000
MERIDIAN CITY COUNCIL MEETING
October 3, 2000
APPLICANT Department Reports - Gary Smith ITEM NO. 7-0-5
REQUEST Request for extension of existing contract for Brown and Caldwell for Wastewater
Plant QAQC
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
See attached
~
.-r9~ , ~.e~ 1lrPOo
{jJrFf ~f ~ 1jJ
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
- - - - - - -. - - - · · ..... ." .. ., II. ~ I ... .... ~ '-' .I. .L. "M .I. J:.. l'\
BROWN AND
CALDWELL
EnvfrcmmonWI t:ng1neenng & Consulting
SEP 28 '00 15:30
"16-"l?th Avenue: South, Suite 11;?
NAmps. ID 83651
Tal: (2 -S.~l?,
Fax: (::.. S5..80A1
ID=2t9B8B4t9744
P~l/~l
(
September 27) 2000
Mr. John Shawcrofr
Public Works Superintendent
City of Meridian
3401 N. Ten :Mile Road
Me.rid.ian~ ill 83642
Dear John:
The purpose of this letter is to provide you \Vith an update on the status of the
Laboratory Quality Assurance (QA) manual. There have been sc.."Vcral steps involved
that have effected the completion of the fmal product. As we have worked through
the review process, the modifications su&,O"ested by Bruce Woods, QA Officc:r from
EPA, Region X, Brian Wright, and yourself have been incorporatc:d into the first
version of the manual. Your contract laboratory, Analytical Laboratories, Inc. of
Boise, was also required to personalize their testing procc::dures to specifically reflect
their laboratory protOcoL This has been completed.
As you requested) I am asking for an increase in the budget to cover completion of
the final submittal document. The labor required t\Va days of my time and some
clerical assistance. I estimate this labor expense at _~~!,9_oq, in addition to what you
have aJready paid to Bro\vn and Caldwell) and any remaining direct COSts will be for
reproduction and binding of the manual. There will be two copies produced. Ont
will be subtnitted for signature by all parties), aJ.ld one for backup in the Lab
Supervisor's office. I will include a complete copy of the manual on a zip disk for
your files and internal backup. I estimate: the direct costs at pot to ~"tcecd $200.
Thank you for the opportunity to work 'rhrough the developmC11t of this mal1ual. As
always, I appreciate your cooperation and support.
Sincerely,
Patricia Brown
Project Manager
cc: Brian Anderson, PIC) Boise
1 EP .t\., State of Idaho, Brown and Caldwell, City of 1vferid.L1l1.
2088840744
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