HomeMy WebLinkAbout2000 03-07
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-2501
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 · Fax 888-6854
NOTICE OF PRE-COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday, March 7,2000 at 6:30 PM. The Meridian City Council
will discuss agenda items, which are on the regular scheduled City Council
meeting and lessen to a brief presentation by Steve Sedlacek from sse and
the Solid Waste Ad-Hoc Advisory Committee.
The public is welcome to attend.
DATED this 3rd day of March, 2000.
-
-
Solid Waste Advisory Ad-hoc Committee Report
(J/t 1ft ('{/WYL d
RECEIVED
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on the
Curbside Recycling Program
March 7, 2000
INTRODUCTION
In January 2000 each residential and commercial customer was mailed a survey that
first described a potential curbside recycling program and then requested the public's
opinion regarding whether they would support such a program. The surveys were
returned with utility payments. The results of the survey have been tabulated. The
purpose of this report is to discuss the results of the survey with the Mayor and the City
Council and determine what future course of action the City would like to pursue.
SURVEY RESUL T8
As of March 3, 2000, there have been 4,236 responses received at City Hall. All been
sent to Sanitary Services for review and evaluation. Assuming there are 10,906 homes
in the City, this is a response rate of 38.8%.
The survey questionnaire asked the following three questions:
1. Would you like to have curbside recycling as part of the basic solid waste
collection program in Meridian?
2. Would you like to participate in a curbside recycling program as described
above?
3. Would you be willing to pay no more than $2.10 per month in addition to the
basic current $7.20 solid waste collection rate for this service?
The responses to these questions generally fell into three categories:
Category 1: Those that answered "yes" to all three questions.
Category 2: Those that answered "no" to all of the questions.
Category 3: Those that answered "yes" to the first two questions and "no" to the final
question.
Typical responses within each of the categories are included as Appendix A to this
report. The responses by category were as follows:
Category 1: 2,115 responses (50.00/0)
Category 2: 1,294 responses (30.5010)
Category 3: 826 responses (19.50/0)
ISSUES TO BE ADDRESSED
There were two issues that came up repeatedly in the responses that we need to
respond to:
Issue 1: Sanitary Service will make a huge profit off of this program.
In October 1993 the National Solid Waste Management Association (NSWMA)
estimated that the cost to operate a curbside collection vehicle to be approximately
$100,000 per year (excluding the cost of the containers.) It is anticipated that Sanitary
Service will buy and operate three recycling trucks on a daily basis. Thereforet based on
national averages we can expect to spend $300,000 per year in truck costs and labor
alone. This is equivalent to $25,000 per month or $2.27 per month per home (assuming
11,000 homes in the City) to break even. Obviously we feel that we can operate more
efficiently than these numbers indicate but nevertheless Sanitary Service will make very
little profit on this program.
Another way that some customers feel we will make too much profit is through the sale
of the recyclables. Last year in Ada County, BFI collected recyclables from
approximately 10,000 homes and collected a total of $22,054.21 in recyclables, or about
$2,000 per month. (Interestingly enough, BFI charges $2.51 per house per month for
recycling in the county and keeps all of the commodity revenue.) Meridian can expect to
see about the same amount of revenue from the sale of recyclables. Rather than argue
about the disposition of this money we would propose to give the recyclable revenue to
the City to support an ongoing household hazardous waste collection program and
development of parks.
Issue 2: The City of Boise provides a rebate to those who recycle. Why can't
Meridian do the same?
It is a common misperception that the City of Boise gives a "rebate" to those who
recycle. Indeed the City of Boise's rate structure is such that if you choose to participate
in the residential curbside recycling program you will pay $1.00 less than if you choose
not to participate. Unfortunately this is not a true indication of the costs of the program.
Actually, when the program in the City was implemented in the 1990's the basic rate for
service went up $1.80 per house and if you chose not to participate it went up $2.80 per
month. The differing rate structure was intended to be a punishment to those who don't
recycle rather than a "rebate" to those who do.
We can implement such a rate structure in Meridian also, if the City Council so chooses.
The rate for participation could be increased to $9.20 per month if you participate and to
$10.20 per month if you do not.
OPTIONS FOR THE FUTURE
Depending upon how the Mayor and the City Council feel about the survey responses
there are three general options to proceed with the program:
Option #1: The Council feels that there is adeauate support to move ahead with the
development of a curbside recvclina proaram. In this case the SWAAC and Sanitary
Services should work toward the development of a proposal to present to City Council to
implement the program. The proposal would include rates to be charged, disposition of
the money collected from the sale of recyclables, and a timetable for implementation. At
this time we would anticipate that the rate would increase about $2.00 per month and the
City would receive all of the recyclable commodity revenue. This revenue would then go
to pay for a monthly household hazardous waste collection program ($700 to $1,000 per
month) with any remaining money going to the City to support the Parks Department or
any other department that the City so chooses.
Option #2: The response from the citizens was equivocal and a different form of a
recvclina proaram should be explored. The SWAAC and Sanitary Services could
determine the feasibility of greater public education of nearby drop off locations or work
toward the implementation of a drop off recycling center in Meridian in conjunction with a
new shop and office for Sanitary Services.
Option #3: The survey responses were not compellina enouah to proceed with the
development of a proaram. In this case further work on the recycling issue would be
dropped until a later date.
Appendix A
Example Reponses to the January 2000 Recycling Questionnaire
Arranged by Category of Response
Category 1: "Yes" to all of the questions.
" I am very pleased and excited you are considering this program. We all need to be
more environmentally conscience.H
"It's about time!H
"If we think of this as an attempt to reduce landfill costs in the future, it is maybe
justifiable. It's a shame we have to pay so that some recycling companies can benefit."
"I would be happy to pay more to see things recycled. I am thankful they recycle our
Christmas trees."
"Our family already recycles the products listed on front side. We are glad to hear, and
hope that Meridian does implement a recycling program. Thank you for giving us the
opportunity for input. JJ
"It is about time Meridian provided curbside recycling. I do not recycle because I have to
transport everything to Boise. I would love to participate if it was picked up at my
home II"
"I am disappointed that we will have to pay for this service - but I feel it is the
environmentally responsible thing to do."
"Recycling is a must in most parts of the country. It's a shame that Idaho does not
support the idea. If anything a fee should be assessed to the folks who are too lazy to
sort their own waste. I have been taking all of my recyclables to Boise for years. I will
FULLY support any type of curbside service!1 Thank you. Make Recycling Mandatory.
"I think this would be a great help. I always feel guilty for throwing away so much stuff
that could be recycled. I hope you get good results."
"I would be willing to pay the extra $2.10 to have items recycled. However, when I lived
in West Boise, I believe we received some small reduction in our trash service billing for
putting recycle items out. As a public school teacher, I encourage students & their
families to recycle, and I do recycle paper in the classroom."
Category 2: "No" to all of the questions:
"This would require space in our home dedicated to storing these separate containers
until trash day. Who has space for all of these dedicated containers?"
"If I want to separate my garbage for recycling, I will do it on my own, not pay someone
else to have me do all the work for them. I do realize, however, that the cost involved for
you to do this service will be tremendous. I am just not interested in the program at this
time. JJ .
"We feel the recycling is a wonderiul idea but why do we pay for it when I know Western
Recycling will pay you for the materials brought in?"
"Getting paper bags may be difficult, since most groceries seem to prefer to use plastic
bags. We would like to support this program and would pay the extra money for its
implementation, but we simply do not have the space needed to maintain a refuse
separation program for the 6 categories described."
"Who pays for all these paper bags? That cost plus the extra work for the customer -
then we are expected to pay more!!! From my 6 years of experience with this while living
in Florida, I think it's a waste of time and effort for the city and the consumer - also,
subject to fraud!!! Cans and bottles need rinsed wasting time and water. And all that
sorting. If you do start this, it might be helpful to consider the plan we had in Florida.
The pickup trucks were divided into compartments, the consumer put everything but
newspapers and cardboard in a container. Those two items were put under or beside
the container. The driver did the sorting."
"I would like to recycle when we are there but we're already paying for garbage, sewer,
etc. when we're not there (winter snowbirds) so I don't want additional charges."
"We recycle our own materials commercially, and receive cash for that effort. The
suggested program would force me to pay the City to pick up those materials for which I
now receive cash payment (or, if we chose not to participate, would effectively reduce
my small receipts for my efforts.) That would constitute nothing less than 'involuntary
servitude' imposed by the City."
"I think this program cost more than it is worth the City and the customer don't stand to
gain from this, maybe the Recycling Co. and the Sanitary Service would. I'm not sure
Recycling saves much for anyone - Also, we have a lot of places for landfill."
"Reason I would choose not to participate is I have seen other programs and sometime
waste personnel fail to clean or pick up all recycling bins. Curbs tend to be a mess."
"Their should be no charge for the Recycling service - money is made off of this."
Category 3: "Yes" to the first two questions and "No to the last question:
"There shouldn't be a n extra charge for recycling. I'd do it if it didn't cost extra."
"Recycling is essential and makes total sense. I recycle and put the money in savings.
You would charge us then sell the material to pay for handling but we would have to
apply more effort to make this happen. Not to mention space. Provide bins at a location
for paper and plastics, like Kiwanis."
"We would be happy to recycle, but we will not pay for it - that's ridiculous!"
"We would love to participate if the cost were less than $1.00 or if we didn't have to do
the sorting. It isn't right to charge someone to do more work."
"I would love to see it happen but don't want to pay extra."
"We lived in Northern California where we had recycling and liked it. 3 bins ere provided
- paper, glass, cans. Bins stacked on top of each other. A large can was provided for
grass clippings and tree trimmings. Your paper sack idea sounds like a hassle that most
people would object to."
"I believe these programs should be self-sufficient. I doubt people would like to pay
additional money while doing additional work separating and preparing garbage. If its
not self-sufficient the economy is not right for it yet."
"The convenience to have my items picked up would be nice! However, I am not willing
to pay an extra amount to do it. I feel as though there should be credit given to those
donating - probably more people would be recycling."
"Yes we would like a program to recycle. No we don't want to pay to have it. If Westen'~
Recycling pays for the material, whoever is being paid, should pay for this service. By
billing the customer somebody is getting paid twice!"
"Perhaps sse could run the program SFI does - not only do they (SFI) not charge for
the recycling program they give a $1 credit per month for those that participate on a
regular basis."
Meridian City Pre-Council Meetina
March 7. 2000
The Meridian City Pre-Council Meeting was called to order at 6:35 p.m. on
Tuesday, March 7, 2000, by Mayor Robert D. Corrie
Members present: Bob Corrie, Cherie McCandless, Ron Anderson, Tammy
deWeerd, Keith Bird.
Others Present: Gary Smith, Brad Hawkins-Clark, Bill Gigray, Eric Rossman,
Ken Bowers, Will Berg.
Corrie: Okay. I'm going to open the Pre-Council meeting at 6:35, and the
Council will discuss some agenda items. Also, we will have a presentation by the
Committee that was on the building of the police building, and then Steve
Sedlacek's group, sse, and the Wastewater Ad Hoc Committee. At this time I'll
open the Pre-Council meeting. Council, questions, staff - (inaudible) yourselves
on Items on the Consent Agenda. Anything else you want to talk about other
than that?
Item N.
Findings of Facts and Conclusions of Law: AZ 99-021 Request
for annexation and zoning of 8.25 acres to R-8 for proposed
Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of
Eagle Road between Overland and east Victory:
Anderson: Mr. Mayor, Item N on the Consent Agenda, the Findings of Facts for
Woodhaven, is that the one that we got the letter (inaudible)?
Corrie: yes. The request was to hold it, and if you want to hear the - look at the
full Woodhaven Subdivision preliminary plat, it's No. 16. If you like you can table
N and put it next to 16, and then if you wish - don't wish to have the preliminary
plat the way it's set up as an R-8, then you can reject that and you can reject the
others as well and go back to the regular R-4 and have to come back. So we
can do that if you like.
Anderson: Well, if the (inaudible) public testimony that Councilwoman deWeerd
was asking to see those two together, I guess I wouldn't have any problem if we
wanted to pull that one and put it in with the others.
Bird: I'm fine with that. Make it 16 A and the other one 16 B.
Corrie: Okay. We can take a look at them and then - we'll put 16A and 16B.
Okay.
Item T.
Request for connection to City services for the LOS Church by
James K. Lystrup:
(
>t
I had a question with the City Clerk. Do we have the agreement to annexation
for the LOS Church on Item T?
Berg: Mr. Mayor, members of the Council, no, we do not have an agreement.
This is just a request to be hooked up. The process is for you council members
to approve that request and then we'd enter into an agreement, then that
agreement would be written up by the attorney's office. That's normal procedure.
Bird: Is this the one on North Locust Grove that's come to us before?
Corrie: It says the owner is prepared to enter into an agreement to become
annexed and zoned into the City of Meridian. Have they - so they will do that?
Berg: Mr. Mayor, members of the Council, yes, they said they would enter into
an agreement to be annexed. Right now they just need to be hooked up to water
and sewer for their construction of the building.
Item F.
Resolution naming and approving trustees of the City of Meridian,
non-qualified deferred Comp Plan:
deWeerd: Mr. Mayor, I have several questions. The first one would be on Item
F. I just wanted to have an explanation of what that is.
Corrie: Okay. I can give you that. Now, this is a trustees on deferred Compo
We have to have - run through a trustees of the City whenever anybody wants to
go out of the deferred Camp or wants to take money out of it, the trustees is the
one that they make the application and the trustees to the American Funds of
whatever they are. So that's whoever they have, I think we had the trustees are
Gary Smith, Janice Smith, Will Berg and myself as a trustee. Is Janice here?
Oh. She left. I think there was also the Council President was involved. Pardon?
Oh. He needs to sign the resolution. Okay. You know, that's - those need to
have the authorized officers of the deferred Camp. So, in other words, anybody
wants any money out or they make the change, they go through the trustees, and
the trustees issue that resolution to - not a resolution, but to the American Fund
to give them the money or whatever they want.
Item S.
Findings of Facts and Conclusions of Law: Adult entertainment
ordinance relating to zoning schedule:
deWeerd: Also, Item S, I'd like to pull that off and put it on the regular agenda.
Item S.
Corrie: Okay.
Bird: And put it to Agenda Item No. 238?
Item Q.
Findings of Facts and Conclusions of Law: CUP 00-004
Request for Conditional Use Permit for commercial expansion of
the Meridian Crossroads Shopping Center (Wal-Mart) by
Developers Diversified Realty Corp., clo the Dakota Company, Inc.
- southeast corner of Records Drive and Fairview Avenue:
deWeerd: And just to make special note on Item Q, I will be abstaining on a vote
on that one.
Item I.
Tabled from February 15, 2000: Findings of Facts and
Conclusions of Law: CUP 99-034 Request for a Conditional
Use Permit to construct a single-tenant commercial building with a
drive-thru window (Walgreen's) by Hawkins Smith Management,
Inc. - NW corner of Fairview and Locust Grove:
deWeerd: I have a question for Staff on Item I. Brad, can you tell me why ACHD
changed their sidewalk plans? I know you made comment to it; were they able to
respond to you on why they changed them?
Hawkins-Clark: Councilman deWeerd, I have not received a response. Gary
Smith, do you know why? As I understand it, those plans were set early on, but I
do not know why they moved the sidewalk.
Smith: Mayor and Council, Councilman deWeerd, the 95 percent complete plans
on Locust Grove improvement show a sidewalk against the back of curb on that
length of roadway. On the west side. In other words, the piece fronting
Walgreen's. The sidewalk north of is it Doris Street that comes out of that -
Carol Street that comes out of that Subdivision, the section of street north of
Carol does have a detached sidewalk, but the section south of Carol, the
sidewalk is against the back of curb. So it's the same as it is on the other side of
the street along Fred Meyers' side. That sidewalk is against the back of the curb
also. You can't, just the construction techniques, you have to construct the curb
and gutter first before you can construct the sidewalk when it's like that, when the
sidewalk is contiguous to the back of the curb.
deWeerd: But originally they had approved the detached sidewalk, and after all
the approvals they changed their mind?
Smith: "They" being ACHD?
deWeerd: Yes.
Smith: I haven't seen the detached sidewalk detail. I looked at the 95 percent
complete plans on Locust Grove Road, and it shows it up against the back curb.
So I have not seen the detached section.
/
deWeerd: I have no more items.
Corrie: Any other questions, Council? Okay. Hearing none, Bill, if you want to
have your - ready to give your presentation to the Council?
Gordon: Mr. Mayor and Council, approximately two or three months ago, I was
charged with getting conceptual drawings of Police Station and site plan and also
a needs assessment review which the architects are Russ Moorhead and Steve
Simmons. We formed a Citizens Advisory Committee to help design the outside
and inside of the new police station. I would like to give you those names real
quick. Karen Schow, Craig Rom, Judy Collins, Elaine Walcroft, Allen Walters,
Wayne Fuches, Walter Johnson, Rich Cotner, Malcolm McCoy, Frank
Thomasen, Cherie McCandless, Steve Bradley, myself, of course, and Dottie
Hook. The Committee feels that they are ready to make that presentation at this
time, and I've asked the architects to give you guys a short run-down on what
we've done so far. So with that, I'll turn it over to Steve Simmons.
Simmons: Mr. Mayor, members of the Council, I'm Steve Simmons with
Lombard Conrad Architects, 1221 Shoreline Lane, Boise, Idaho. I also have
Russ Moorhead and Mike Thomas from the office as well that are going to go
through a short presentation for you. As you can imagine, this sort of process is
very interactive, so we don't want to keep this very formal. So feel free to ask
questions throughout our presentation as necessary. As Bill mentioned, there's
been a lot of work done by a lot of people in a very short duration, and we've just
been real pleased to be part of this team. As you can tell, there's been a lot of
interest in the community; a lot of them will want to get up here and speak as
well. So we want to leave time for them as well so they can give their comments
as well. What we'd like to do is have Russ and Mike start to go through the site
plan and then the floor plans, excuse me, the conceptual elevations. Just so you
know, we do have packets for you afterwards that we will give you individually so
you can look at those in a little bit more detail a little bit later as you have time.
So with that, 1'1) turn it over to Russ.
Moorhead: Mayor, members of the Council, what we have here in front of you on
the board is a copy of the site concept that we've developed for the project. If I
can get Steve's assistance in pointing out a few items; it's anticipated that
Watertower Road would be extended by the developer on the purchase of the
property through that site at least through to the end of the site. The road coming
off the north of this site is a proposed extension that would go through to the
office complex that is built that's across the field that's there. The rest of the site
at some time, Watertower Road, we're assuming, will be extending to Locust
Grove and be a thoroughfare. When Locust Grove is also improved and brought
through. Off the front of the building, we have a public parking area that
accommodates roughly 150 cars. Excuse me. 75 cars on the front for public
parking. Then coming to the back of the area, we have a drive and an entryway
with kind of a circular drive-thru with police traffic and staff vehicles to be parked
('
in a secure parking area. So we do have the site fenced on that site plan to
afford that security for the staff as well as the police vehicles. The first row of
parking that the drive-thru would have the patrol vehicles parked in it and the
patrol deputies are coming back in and bringing a suspect or something into the
- to have a DUI test or something done on them, they're not driving through the
staff cars and identifying who the staff and the police are. So the staff are parked
away from that screened area. Then on the other side, administrative staff,
dispatch staff and some detectives would be parked. We also, to the back of the
building, have a detached storage and maintenance building. That maintenance
building would include storage for both PAL, COP, some large storage items. It
would also be big enough for the Police Department to pull an impounded car in
there and dust it down on a temporary basis. Usually that doesn't take very long
when that occurs and doesn't occur that often, but it would be large enough to do
that. The site is kind of bisected by a canal. We've kind of used about two-thirds
of the site. The site is roughly 10 acres. We're using about 6-1/2 to 7 acres of it.
We're not proposing at this time to relocate the canal but to leave it in that
location and to develop the entire site of it. We've also located the building in the
center and allowed the parking to go to the extreme extent of the site without
relocating the canal in anticipation that some time in the future this building may
need to be expanded, and that's what we've allowed for with the expansion
areas. We've also allowed for areas to retain on-site water for drainage
purposes. They're kind of shown on there. Then, the other side - on the other
side of the canal, for this part of the project, that would pretty much be left as
undeveloped, but I know PAL and some other people have expressed an interest
in maybe getting volunteers to do something to use that site until such time as
Police Department may need to relocate the canal around that site and expand
parking into that site or expand the building into that site. Going through the floor
plan of the building, on the first floor, we have 12 distinctive areas within the
building. This is a two-story concept that we've developed on the building. The
first distinct area is the public spaces which is comprised of, of course, the
vestibule, the lobby which has seating for 25 people, public restrooms. Off of
that we also have some interview rooms that are directly off the public lobby that
also have access through a secure door where the police can come in and meet
somebody up there. So if public is coming in, they're not bringing them back into
the building. It's anticipated that the lobby will be unsecure for the majority of the
time that the building is open during the day. After hours, the lobby will be locked
down. The vestibule will be left open 24 hours a day. Inside the vestibule there
will be an intercom station, CCTV, for somebody who's coming up that could get
hold of the dispatch which is 24 hours which would be within the building and get
assistance. Off of that we also have a large community meeting room. It's large
enough to accommodate 100 people. It's also dividable, so it can be used in
smaller groups. Also, attached to that there's an equipment room for multi-media
equipment to be stored in and a storage room because that is anticipated to be a
multi-purpose space. There may be times when tables and stuff need to be
stored and mats brought out for the police department to do their training in that
room when they need. We also, off of the lobby, have a COP office and a PAL
office. Off of that we have a reception counter. The reception counter would be
a secure counter. We do have some images that we brought of some similar
facilities that the Police Department, a couple of the Lieutenants took some tours
on and looked at a couple of facilities. So a representation on that other one, you
would have is on the other one that has some typical lobby areas, shots of a
meeting area. Large meeting room. That would be typical of that. We also have
a couple of images that are there of particularly the buildings that they looked at
were Sunnyside Police Department in Sunnyside, Washington and Deschutes
County Sheriff Office in Bend, Oregon. So directly behind the reception counter
which is a secure counter, it would be bullet-proof with a bullet-resistant glass,
but we also want to maintain a friendly image in that reception area. Even
though they're behind glass, we also want to protect staff that are working there
in case somebody disgruntled comes in and walks into the building. Behind that,
we have a records area; a workroom; a supervisor's office; transcription office big
enough for three people; supply and storage room for the entire building; and you
don't see it there, but we also have part of this as a records archive room. That's
on the upper level. The records archive room is quite large because there is a
need to keep public records, the actual hard copy of these public records almost
forever. So there is a great need for archiving. It's anticipated in the records
area down below that they would keep anywhere from two to five years' of
records and then records would be moved up and stored in the archives here.
The administration area which is actually on the second level, if you want to go to
the second level, the administrative area is comprised of two Captain's offices,
the Chiefs office, work area, secretary. Across the hall you'll see a large
conference room to seat 25 people. We also have staff restrooms up on that
upper level. If we go back to the lower level, part of the administrative offices,
part of the things we've got in here is some space for the prosecuting attorneys
to have some offices in here with the clerk there as well since they do a lot of
work with the Police Department. We also, on the upper level, have a dispatch
area. The dispatch area has - is big enough for ten stations; has a supervisor's
office; a break room; locker, toilet and shower areas; equipment room for all the
equipment that staff needs. This is a self-contained area. That's why it has its
own restrooms and its own locker rooms so that when they're in there, currently,
the dispatchers are kind of tied to their consoles with an umbilical cord and a
headset, so they don't go very far. We also have, back down to the lower level,
the patrol deputies area; the patrol area has open office area for ten report-
writing stations; work and file area; three kind of private offices for them to share
in case they need to do private conversations or do dictation so they're not out in
an open-office environment where it's a little noisier; sergeants' offices, we have
four of them. Those sargeants' offices are big enough to accommodate two
people in each of them. Lieutenant's offices, we have two of those. A work and
a briefing area big enough for 12 people to do briefings in. We also have two
kind of medium interview rooms for them to bring suspects in that are off the
lower level and do recording and dictation in those. There's also equipment
rooms and storage rooms with that area. The detective's area which is back up
to the upper level is kind of developed - we've kind of gone around the horn in
the detective's office in going for the need of private offices for the officers to
going back to an open office environment. They're currently in an open-office
environment, and like the ability to share information but need a little more
privacy because they've got too many people in a small area and it gets a little
noisy where they can't hear when they need to. What we've done is we've
divided that area which will accommodate 18 detectives into three kind of open-
office pods. Off of those pods we have some individual offices where they can
do dictation and make private phone calls if they need to. We have storage
rooms for each one of them. We have two sergeants' offices and a lieutenant's
office and an area for a secretary up there. We also, in the middle of that area is
a work and a briefing area that would accommodate 15 people. We also, for the
detectives' interview rooms on the upper level and storage rooms. We also have
a soft interview room that would be on the upper level for victims to use as
opposed to somebody coming in that's a suspect. Down on the lower level we
have a staff services area that's comprised of a break room big enough for 25
people, a training room big enough for five people; lockers, both male and
female; male showers and toilets; female showers and toilets. These locker
rooms are big enough to accommodate 1 00 people in this office at its capacity.
We've kind of oversized the staff services area because it's kind of a core area,
and it's hard to add on once you lock in shower rooms and toilet rooms. Right
now it's big enough to accommodate 100 people even though the entire facility is
only big enough to handle somewhere around 80 staff people in it at one time.
We also have suspects' toilets for the people using the interview rooms for them
to use. We have a library that's common for the entire building. Back in the back
of the area which is something the Police Department doesn't have right now, we
have a personal processing area which will be a drive-thru sallyport big enough
for four cars. This is a roofed area but it's not a heated area. So it would be
secure with roll-down grills and it's enclosed by the building so that when you do
drive them in there, they can't escape when they let them out of the car. Off of
that they'll go into a processing room where they'll do photo 10, fingerprinting; off
of that they have some in-tax and some DRE rooms for them to use, and then
there are also some secure interview rooms, four of those, to do some short-term
holding of prisoners until they can be transported to Ada County. There's also a
secure toilet and there's a room back there for the canine dogs to be kept when
one of the canine officers is in the facility. We also have, on the first level, an
evidence area that is comprised of a processing room; a large evidence vault for
storage of the evidence; an evidence office; and a large item processing room;
large evidence storage is off-site at that old dog pound, so we don't have that
accommodated on-site since that is already in existence off-site. We also have
an armory which is comprised of a weapons cleaning area and a secure vault for
the arms to be kept. Then, scattered through both floors, we have some support
facilities, electrical rooms, tel-com rooms, emergency generators, mechanical
rooms, janitor rooms. We also have a work and storage area to accommodate
them. Then we also have accommodated in here an area for parole and
probation which is a state agency to be leasing some space in this since they do
do a lot of work also with the Police Department which ahs about seven offices,
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seven or eight offices and its own separate entrance from the public entrance.
We have secure staff entrances for the employees that are separate from the
public entrance. It's anticipated that the building would be secured by using
some type of a card swipe or keypad entry system for security for officers coming
in and out of certain areas. There would be an intercom system on most of the
exterior doors with CCTV cameras monitoring most of the site and some of the
public lobby areas that would go back up to the dispatch area where they would
be monitored 24 hours a day. We have a total square footage on the building of
26,000 square feet on the lower level, first floor, and we have an additional
16,000 square feet on the upper level. Included in that total of 42,000 square
feet, there is 3500 square feet of what we're calling unfinished space. Some of
that unfinished space is for future expansion for them to use. It's mostly pretty
economical space because it's stacked on top of the lower level and we just
didn't have enough of these departments to stack them, so we ended up with a
little bit of extra space that we enclosed in there to allow that. We also ended up
with future unfinished space that's about three times as large as it needs to be for
records archive that they would be using the unfinished space for the records
archive. Only a portion of that would be needed for records archive and the rest
of it would actually be for future expansion. The exterior elevations for the
building, we have a sloped hipped roof facility that would be comprised of what
we're anticipating would be some type of composition shingle on the roof, either
a block or a brick venire on the exterior of the building. Coming in the front entry
we have a pretty dominant entry with a clear story lights going back into the two-
story public lobby. Lots of glassed area in the front into the meeting rooms with a
separate entrance into the parole probation on each side. Kind of the same thing
going around if you're looking at the rear elevation. We have the auto sallyport
which kind of softens the height of the building since this is a two-story building,
we had a request to design a building that had sloped roofs on it as opposed to
flat roofs because there's been some problems with flat roofs, so this is what
we've done. The height of the building does look pretty high. It's probably about
35 to 36 feet in height to the peak of this two-story building. That's kind of why
we've separated some areas where single-story gables and hips come into it to
kind of soften the height of the building and bring it down to a scale. Same thing
with the site elevation where we've got some separate smaller one-story areas
that kind of bring down the scale of the building. The next board that we have up
there is the proposed cost for the facility. We have, based on our opinion of
probably costs for this facility, we have approximately 38,500 square feet of
finished space at $75 a square foot plus 3500 of unfinished space, and
anticipated site work which would include landscape, irrigation, the fencing, the
automatic gates that would be required for the secure parking area, all of that
with a design and construction contingency on it, subtotals on the construction
costs to $3,877,000. We also have added to that some non-construction costs to
give you a total project budget for the project because with a facility like this,
you'll have some non-construction costs. You'll have some architects and
engineers fees, some reimbursable expenses, there will need to be a site survey
and a geotechnical study done on the site, quality control and testing not during
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construction will need to be done. There's also going to be a need for furnishings
for the site. Some of these areas are open-office areas so there will need to be
some open-office furniture for the building. There will also have to be a phone
and a data network brought into the building. We have miscellaneous item which
is where the contingency on the non-construction costs there. The non-
construction costs were, our opinion would run about $585,000 for a total project
cost of $4,462,125. We also have a proposed schedule that we've put together.
This is proposed. The - I know the Police Department is pretty crowded right
now and they would like to get into the building and a new building as soon as
possible. About the soonest we can do this building if we get approval to go
ahead with this project would be on our timeline, we'll need to start this project,
officially kick it off within about two weeks if we want to start construction by the
first of October. The schedule is broken down into individual tasks. It's also in
there - I won't take the time to go through all of those, but we do have design
development, CD, bidding for the project, timeframes in there for the building
department claim review, the award and mobilization for the contractor and a
date to start building construction. We're anticipating that the construction would
take anywhere from nine to ten months on the construction which would take you
back out to about August of 2001 before anybody's moving into the building. Are
there any questions?
Bird: Russ, how much - if we go construction manager, not only will it probably
help with the costs, but it can speed up the time and stuff; am I not right?
Moorhead: Construction manager process would speed up the time quite a bit.
That would give us the ability to break the project down into packages where we
could get out-of-site work done ahead of time and start site work before that
without some other packages for long-lead bid purchase items. It would speed
up construction. Typically in construction management, there would be a
construction manager fee that would be involved in that. That would be the only
additional cost that you would incur by going with the CM method over a
traditional design bid build.
Bird: But most of the time the CM method will bring the costs down if you bring it
down at the front. If you bring them in the front, they're going to look for the
owner and make sure we keep the costs down. And they'll help you guys.
Moorhead: They would help us with constructability reviews with value
engineering to make sure that we kept within our budget. They would also help
define the budget a lot more accurately than what we have.
Bird: Do you believe this is a large enough job to do that on?
Moorhead; Yes, it is.
Bird: We know at the fire station it wasn't large enough. The police station is
large enough that I think it would police station, but I think it would save the City
not only money but time in the long run.
Moorhead: Yes.
Anderson: How close do you think that $75 a square foot building price with our
recent experience with the fire station it was closer to $100 a square foot than it
was $75. I mean, do you have some good feel for what that cost might be?
Moorhead: Yes, we have. There are two extremes to give you the other
extreme, Garden City police station was built for around $65 to $70 a square
foot. We actually have by the time - I don't know if the cost of your fire station
includes site work cost, -- the site-work costs on top of this average around $15 a
square foot where the building costs - we're really talking almost $90 a square
foot for the construction costs. We've done a couple of these facilities, actually
more than a couple of them. We feel pretty comfortable with the costs at $75 a
square foot. It's going to get you a good commercial-grade building that will be
low maintenance, give you something that's going to last.
Anderson: So the construction, the block and that kind of stuff is similar to what
you're talking about in Garden City? Will the costs be comparable?
Moorhead: No. The costs will not be comparable. The quality would be a little
bit greater than - not a little bit, it'd actually be a lot greater than what Garden
City police station was built at - we're looking at getting something that will be
low maintenance and last 15 or 20 years in that building and not be a
maintenance problem for you down the road. We can certainly build it for a lot
less, but you're going to get it for a lot less. We don't have a high-quality building
budget, but we don't have a low-quality building budget, either.
Anderson: The A & E on the non-construction costs, what does that include?
Moorhead: That includes architects' and engineers' fees, reimbursables like
running bid sets for contractors, those types of things.
Anderson: Some of the items that you were talking about like the card-swipe
system and the surveillance cameras, are they included in here somewhere?
Moorhead: They are included in the construction costs or - most of the built-in
stuff would be included in the basic construction costs. Some of the other items
would be in the furnishings budget that we've established for the project.
Anderson: Thank you.
Bird: Any other questions? Very nice job, gentlemen.
Moorhead: I don't know if there was any of the Citizens Committee that would
like to speak. We have a couple of them that would. So if you've got a couple of
minutes for them -
Corrie: Cut it short if you can. We've got three minutes. We've got another
presentation, too.
Walters: My name is Alan Walters. I think what the architects have done is a
really fantastic job. The only comment that I have is given the explosive growth
in Meridian, I'm a little bit concerned that we haven't planned for enough growth
in the police station, so I'm urging you not to try to cut it back. I think given the
current growth that we have, we're cutting it very short for a ten-year project.
That's all.
Rom: Council, Mayor, being on this Committee you've got a chance to see -
Corrie: Your name, please.
Rom: Craig Rom. Sorry. This is a first for me, so bear with me. We've toured
quite a few of the - two of the local Police Departments and they brought up the
fact that Garden City was built fairly inexpensively. The other reason why was
they used household bids basically to build it and possibly in ten years they're
going to put a lot of maintenance in that building to just keep it going. Nampa
was built more of a commercial type building. It's a lot - you can look at it and
see that it's going to last: steel doors instead of wood. It's a lot better building.
Also the building itself is designed with security for the people that work there,
and it's also a real good tool for our Police Department. It's also designed - we
wanted them to build the - a way to expand the building in about ten years. As a
taxpayer I don't want to hear about this building being too small in three years
because that's not acceptable and you need to plan this building for ten years.
That's why we put the future expansion in it. It's designed for two stories so
when you expand onto this building you automatically double your footage as it
goes out. So I think the architects have done a very good job. I think the
Committee has done a very good job and put a lot of forethought into it. One
thing that we were told by everybody that's gone through this process, don't build
it too small because they're already looking at - Garden City is a prime example.
They're already looking at building 5,000 square feet (inaudible) behind the
building. So it's been a learning process. The main thing is we're always going
to use the space and we can't go too small on this. I hope you approve it.
Corrie: Thank you. I have one question - I'm sorry, go ahead, Malcolm.
McCoy: Malcolm McCoy, Meridian. Mayor, Council, having background in
architecture, civil and structural engineering and license, I was very happy to be
able to sit on this committee. I will state before you that you have a very
substantial, a very good architect working on this that knows the business and
has really bent over backwards to work with us. The Chief has put together a
group of citizens that really came with a good desire with just what we want with
the City. A very good police station. We emphasized the ten-year situation and
know there will be growth later on. (inaudible) change after ten years. The
material that went into this thing, we've all scrutinized and looked at a lot of work
that has been done elsewhere, and I will stand up here and assure you that your
total committee, that includes all the officers. The police officers all had input into
this thing which I thought was tremendous on the standpoint - came in and made
statements, they planned with us and we helped work that out so that it came
together. The architect (inaudible). I think you're going to see this is built -
something that is very much a proud building in your city and you'll be very glad
you have it. Thank you.
Corrie: Thank you. Council, any other questions? All right. Steve and Russ and
Mike, thank you very much for the presentation and appreciate it very much.
Thank you. Okay. Steve Sedlacek. Okay.
deWeerd: Sure hope you have colored pictures.
Slonaker-Mann: Mayor and City Council, my name is Nancy Slonaker-Mann. I'm
the chairperson of the Solid Waste Ad Hoc Advisory Committee. We've been
meeting for about one year, and we finally have gotten to our largest agenda item
which we initially formed to work on which is curbside recycling in the City of
Meridian. There have been many projects which we have accomplished prior to
this. I won't go over that tonight because that's water under the bridge, so to
speak, but this has been the project we've been looking most forward to
presenting to you. Back in October of '99, we came and asked you if you were
interested in us proceeding in looking at curb-side recycling, and we almost
heard a unanimous yes. You'd been hearing from citizens that they wanted this
program and asked us to do some research. So in December, January, in the
utility bills we sent out a survey to these people in the City of Meridian asking if
they wanted a curb-side recycling program. Here's our visual aid. On the desk
to my right, you will see the surveys as they have come back from the people in
Meridian that responded. This is our live bar graph. We have 38 percent
response rate which we thought was pretty darn good for a mailed survey asking
people to send it back. You don't often see survey results come back in those
kinds of numbers. On the right-hand .Ue, you will see the yes, the total yes
response which was 50 percent, the middle section are the definite nos which I
believe were - 30 percent said no and category number three are the mixed
surveys; people that, yes, want recycling, but no, they don't want to pay for it. I
initially got on this committee because one of the very first phone calls I made
when I moved to Meridian about six years ago, I called down here to City Hall
and said where can I pick up my recycling bin. Much to my dismay I was told
there weren't any recycling bins. So this has sort of been a vendetta of mine.
I'm glad that we finally at least have gotten this far to get people's responses and
know that obviously we have at least a 50 percent interest in curb-side recycling
if not more because there is a lot of other people that want it but they're not sure
that they want to pay for it. They seem to have this perception that we're going
to make a lot of money off of this; that we're going to pick up their trash and turn
it into gold coins. Well, they all know that's really not what works, but in this
proposal, I'm going to let Steve explain to you how he's come up with this great
plan where we are going to be able to benefit the City of Meridian with a really
nice program and that I don't know how anybody could say no to it. Right,
Steve? So I'm going to let him sell you on that idea.
*** End of Side 1 ***
about the survey results. Okay. Thank you.
Sedlacek: Mayor, members of the Council, I'll make this brief. We did get a
majority of the people that were responding positively to each survey question.
There were - I've handed out a briefing document for everybody. You should
have it in your large pile of papers in front of you. I'm sorry I made your pile
bigger. There are a couple of issues that were raised in the questionnaire that I
won't go through tonight. Basically, one is that people think that we're going to
be filthy rich by doing this. Because - (inaudible) aluminum cans are worth so
much money, and basically I'm here to tell you tonight that we give the City all
that money, every dime, and it won't go that far. What we're proposing to do if
you feel like this is a compelling result that we should move forward is that there
be about a two dollar a month charge to all the residents and that would pay for
the recycling program. Any benefit and commodities prices that we get, we give
back to the City. What we'd like to do is as follows: We'd like to take the money
and fund a monthly household hazardous waste collection in the City. That
would cost about $700 to $1000 per month. We've spoken with the contractor
about it and they're very firm on the price. That would leave about another
$1 000 a month that would go to the City. There's about a $2000 a month
revenue gain by selling this material. Okay? Now it costs $25,000 to run the
program. That's part of the two dollars a month. The commodities price would
come back to the City. You could take that $1000 and put it in the Parks
Department, you could pay down that $4 million on that police station. It might
take you a long time, but for the two dollars a month that the citizens could get
three things: recycling, household hazardous waste collection every month, and
a benefit to the Parks Department or whatever department you feel is justified.
Now, it would be important to say to the citizens what it's going to. I think that
would improve your participation in the program. People would feel like they're
really giving back to their community. Also who (inaudible) stigma that we're all
driving around in Cadillacs. I don't really understand that. Anyway, so there are
three options that we can move forward with that type of program. If you don't
like that program, we can go to something different. I'm not sure what you might
have in mind. The third option is there isn't compelling evidence to move
forward~ I don't know if that's how you feel or not. I'm not here to advocate
recycling or not advocate it. We're here to provide the service if you're
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interested. We'd love to do it if you want. We're here to do what the citizens
want. So I don't know if we should come back before you and talk about options
in a regular Council meeting or what, but that's where we're at right now.
Corrie: Council, I know what I'd like to do, but let's hear what you have to say.
deWeerd: Mr. Mayor, I would like them to proceed forward with this and bring it
to a regular - as a regular agenda item.
Bird: I agree with that.
Anderson: Mr. Mayor, I tend to agree. I want to see a recycling program here in
the City of Meridian. I guess the obvious question, though, is if we can put
money toward the Parks Department and if we can afford to implement a
household hazardous waste, then the obvious question is a third option or a
fourth option, basically, is why not lower the overall cost and make it a break
even cost?
Sedlacek: Right now you get about 20 cents per house per month in recyclable
material. The problem is the commodity marks fluctuate hugely. They go to zero
at times.
Slonaker-Mann: You're looking at (inaudible) or $1.80 to actually fund (inaudible)
Sedlacek: Our hope was not to stake our future on the commodity price, but if
you've got some back, that was just a bonus. That's my only concern. I
understand your point.
McCandless: Mr. Mayor, I think that the recycling program is wonderful because
I know of a lot of people that have to take elsewhere, and if we had it right here in
Meridian, I think it would be very well received.
Sedlacek: In the last three pages of the briefing document, there are comments
that I've typed up from the responses just sort of example comments that people
have put in. Some are very - a little off the wall, some are not. Just in case you
don't get through that stuff tonight.
Corrie: Okay. Seems to be the rule of the Council to have you back with the
option of number one, let's make a presentation to the Council and we can get
together and set a date and time when the Council feels -
Sedlacek: We'll move forward with more formal proposal then.
Corrie: Thank you for your time. I appreciate it. Council, do you have any other
items that you want to look over on the Pre-Council meeting? With that, I'll
entertain a motion to close the Pre-Council meeting.
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Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the Pre-Council meeting. All those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 7:30 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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Meridian City Council
Agenda
Tuesday, March 7, 2000 @ 7:30 P.M.
Roll Call:
City Council Chambers
X Ron Anderson X Cherie McCandless
X Tammy deWeerd X Keith Bird
X Mayor Robert Corrie
Fire Department Presentation - Present Firefighters' Prayer to firefighters
Consent Aaenda
A. Approve minutes of February 15, 2000, Special Pre-Council meeting:
Approve
B. Approve minutes of February 15, 2000, City Council meeting: Approve
C. Approve minutes of February 22, 2000, Special City Council meeting:
Approve
D. Approve minutes of February 29, 2000, Special City Council meeting:
Approve
E. Request for $1000 limit for "City Seal" design by Tammy deWeerd:
Approve
F. Resolution naming and approving trustees of the City of Meridian, non-
qualified deferred Camp Plan: Approve
G. Development Agreements: AZ 99-019 Request for annexation and
zoning of 4.34 acres to C-G (Walgreen's) by Hawkins Smith
Management, Inc. - NW corner of Fairview and Locust Grove:
1. Brent E. and Luana B. Barris I Hawkins Smith Development
Company:
2. Cheri Mansayon I Hawkins Smith Development Company:
3. Kevin D. and Lila L. Bates I Hawkins Smith Development Company:
4. John A. and Cheryl Wardle I Hawkins Smith Development
Company: Approve
City Council Agenda - March 7, 2000
Page 1
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H. Tabled from February 15,2000: Development Agreement: AZ 99-018
Request for annexation and zoning of 7.25 acres to C-G by Overland Mini
Storage, LLC: Approve
I. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: CUP 99-034 Request for a Conditional Use Permit to construct a
single-tenant commercial building with a drive-thru window (Walgreen's)
by Hawkins Smith Management, Inc. - NW corner of Fairview and Locust
Grove: Approve
J. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: CUP 99-033 Request for Conditional Use Permit for 81,000 s.f.
mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision
by Overland Mini Storage, LLC - 1230 East Overland Road: Move to
regular agenda - Item No. 23C
K. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L-
a for proposed Magic View Office Complex by W.H. Moore Company-
Eagle Road and Magic View: Approve
L. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: CUP 99-040 Request for Conditional Use Permit to provide
multiple buildings on a single site and an ancillary restaurant in proposed
L-Q zone for proposed Magic View Office Complex by W.H. Moore
Company - Eagle Road and Magic View: Approve
M. Findings of Facts and Conclusions of Law: CUP 00-001 Request for
Conditional Use Permit for proposed temporary parking and product
storage on adjacent lots zoned C-G by Gary Bodily of Bodily RV -
Meridian Road between Franklin Road and Gem Street: Approve
N. Findings of Facts and Conclusions of Law: AZ 99-021 Request for
annexation and zoning of 8.25 acres to R-8 for proposed Wood haven
Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between
Overland and east Victory: Move to regular agenda to/with Item No. 16
o. Findings of Facts and Conclusions of Law: RZ 00-001 Request for
rezone of 1.761 acres from R-8 and R-15 to entirely R-15 by Lynd
Hoover-1318 E, 4th: Approve
P. Findings of Facts and Conclusions of Law: AZ 00-001 Request for
annexation and zoning of 7.99 acres to R-4 by Robert Glenn - Ustick
Road west of Locust Grove Road: Approve
City Council Agenda - March 7, 2000
Page 2
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Q. Findings of Facts and Conclusions of Law: CUP 00-004 Request for
Conditional Use Permit for commercial expansion of the Meridian
Crossroads Shopping Center (Wal-Mart) by Developers Diversified Realty
Corp., clo the Dakota Company, Inc. - southeast corner of Records Drive
and Fairview Avenue: Approve
R. Findings of Facts and Conclusions of Law: CUP 00-002 Request for
Conditionar Use Permit for expansion of existing church facility in an R-4
zone by Meridian Friends Church - 1021 West Pine Avenue: Approve
s. Findings of Facts and Conclusions of Law: Adult entertainment
ordinance relating to zoning schedule: Move to regular agenda - Item
No. 238
T. Request for connection to City services for the LDS Church by James K~
Lystrup: Approve
U. Approve bills: Approve
Reaular Agenda
1. Ordinance No. 859: AZ 99-019 Request for annexation and zoning by
Hawkins Smith (Walgreen's): Approve
2. Ordinance No. 860: AZ 99-006 Request for annexation and zoning for
Wilkins Ranch Subdivision: Approve
3. Tabled from February 15, 2000: Ordinance No. : AZ 99-018
Request for annexation and zoning of 7.25 acres to C-G by Overland Mini
Storage, LLC: Move to regular agenda -Item No. 23C
4. Tabled from February 15, 2000: AZ 99-010 Request for annexation and
zoning of 150.79 acres to R-4 by Bear Creek, LLC - east of Stoddard
Road and south of Overland: Notice for new public hearing 4-4-00
referring to memo dated 3-6-00
5. Tabled from February 15, 2000: PP 99-010 Request for preliminary plat
for proposed Bear Creek Subdivision - 326 single-family lots on 150.79
acres by Bear Creek, LLC - east of Stoddard Road and south of
Overland: Notice for new public hearing 4-4-00 referring to memo
dated 3-6-00
City Council Agenda - March 7, 2000
Page 3
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6. Continued Public Hearing from February 1, 2000: Amendment of
Fireworks Ordinance and adoption of new fees: Continue public hearing
to 3-21-00
7. Continued Public Hearing from February 15, 2000: AZ 00-003
Request for annexation and zoning of 3.68 acres to R-4 for proposed
Pintail Pointe Subdivision by Jeff Manship - south side of Cherry Lane,
east of Black Cat Road: City Attorney to prepare Findings of Fact and
Conclusions of Law for approval
8. Continued Public Hearing from February 15, 2000: PP 00-001
Request for preliminary plat for 11 lots on 3.68 acres in proposed R-4
zone for proposed Pintail Pointe Subdivision by Jeff Manship - south
side of Cherry Lane, east of Black Cat Road: City Attorney to prepare
Findings of Fact and Conclusions of Law for approval
9. Continued Public Hearing from February 15, 2000: CUP 00-005
Request for Conditional Use Permit for Papa John's Pizza in an L-Q zone
- take-out, delivery and eating establishment by Cole Associates
Architects - 1580 4th Street, Suite 103: City Attorney to prepare
Findings of Fact and Conclusions of Law for denial
10. Continued Public Hearing from February 15, 2000: AZ 00-002
Request for annexation and zoning of 5.029 acres to L-O and R-8 by
Centers Construction, Inc. - west side of Locust Grove % mile north of
Fairview: City Attorney to prepare Findings of Fact and Conclusions
of Law for approval
11. Public Hearing: CUP 00-009 Request for conditional use permit for
proposed office building and townhouses in an L-Q and R-8 zone of 5
acres by Centers Construction - west side of Locust Grove % mile north
of Fairview Avenue: Tabled until 3-21-00
12. Public Hearing: PP 00-002 Request for preliminary plat for proposed
Wesley Subdivision for 32 townhouse lots and one office lot of 5.029
acres by Centers Construction - west side of Locust Grove % mile north
of Fairview Avenue: Tabled until 3-21-00
13. Public Hearing: CUP 00-008 Request for conditional use permit for time
extension of temporary clubhouse by Cherry Lane Recreation, Inc. -
4100 W. Talamore: City Attorney to prepare Findings of Fact and
Conclusions of Law for approval for 8-month time extension
City Council Agenda - March 7, 2000
Page 4
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14. Public Hearing: CUP 00-007 Request for daycare group with 6-12 kids
in an R-8 zone by Anna Kukay - 2512 E. Clarene: City Attorney to
prepare Findings of Fact and Conclusions of Law for approval
15. Public Hearing: VAR 00-001 Request for a variance to allow building
height of 55'6" in a C-G zone for United Heritage Corporate
Headquarters by BRS Architects: City Attorney to prepare Findings of
Fact and Conclusions of Law for approval
16. Public Hearing: PP 00-016 Request for preliminary plat for 45 building
lots on 8.25 acres for proposed Wood haven Subdivision by Dan
Wood/D.W., Inc., - west of Eagle Road between Overland and east of
Victory: Continue to 3-21-00
N. Findings of Facts and Conclusions of Law: AZ 99-021 Request for
annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven
Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road between
Overland and east Victory: Continue public hearing to 3-21-00
17. Public Hearing: PP 00-003 Request for preliminary plat for Woodbridge
Subdivision of 164 lots on 50.9 acres by Woodbridge Community, LLC -
east side of South Locust Grove Road % mile south of Franklin Road:
Continue public hearing to 3-21-00
18. Public Hearing: PFP 00-001 Request for preliminary/final plat for
proposed Records East Subdivision, three commercial lots on 23.6
acres by Developers Diversified Realty Corp. - southeast corner of
Records Drive and Fairview Avenue: City Attorney to prepare Findings
of Fact and Conclusions of Law for approval
19. Public Hearing: VAR 00-002 Request for a sign variance allowing a
directional to be placed off premise at the north side of the entrance on
Meridian Road by Home Federal: City Attorney to prepare Findings of
Fact and Conclusions of Law for approval
20. Public Hearing: VAC 00-001 Request for vacation of 10..foot wide utility
and drainage easement centered on lot line common to Lots 5 and 6,
Block 2, Commerce Park Subdivision located % mile east of Eagle Road
on Commercial Court by 4M Leasing/Canvest: City Attorney to prepare
Findings of Fact and Conclusions of Law for approval
21. Public Hearing: VAC 00-002 Request for vacation of two 6-foot
easements, north/south and east/west, by Hawkins Smith - northwest
corner of Fairview and Locust Grove: City Attorney to prepare Findings
of Fact and Conclusions of Law for approval
City Council Agenda - March 7, 2000
Page 5
22. Water I Sewer I Trash Delinquencies: Approve
23. Department Reports:
A. City Engineer - Gary Smith
1. Proposed "Construction, Operation and Maintenance Agreement"
between Gemtone, Inc. and the Settlers Irrigation District: Approve
2.. WWTP Digester and Clarifier Facilities - Change Order No.2:
Approve
B. Police Chief - Bill Gordon
c. (Item S.) Findings of Facts and Conclusions of Law: Adult
entertainment ordinance relating to zoning schedule: Tabled to
3-21- 00
D. (Item J.) Tabled from February 15, 2000: Findings of Facts and
Conclusions of Law: CUP 99-033 Request for Conditional Use
Permit for 81,000 s.f. mini-storage on Lot 2 of proposed Overland
Mini Storage Subdivision by Overland Mini Storage, LLC - 1230
East Overland Road: Tabled to 3-21-00
c. (Item No.3) Tabled from February 15, 2000: Ordinance No.
AZ 99-018 Request for annexation and zoning of 7.25 acres to C-G by
Overland Mini Storage, LLC: Tabled to 3-21-00
City Council Agenda - March 7. 2000
Page 6
r
I
Meridian City Council
Agenda
Tuesday, March 7, 2000 @ 7:30 P.M.
City Council Chambers
Roll Call:
Ron Anderson Cherie McCandless
Tammy deWeerd Keith Bird
Mayor Robert Corrie
Consent Aaenda
Approve minutes of February 15, 2000, Special Pre-Council meeting:
Approve minutes of February 15, 2000, City Council meeting:
Tammy deWeerd - $1000 for City seal:
Tabled from February 15,2000: Findings of Facts and Conclusions of Law:
CUP 99-034 Request for a Conditional Use Permit to construct a single-tenant
commercial building with a drive-thru window (Walgreen's) by Hawkins Smith
Management, Inc. - NW corner of Fairview and Locust Grove:
Tabled from February 15, 2000: Findings of Facts and Conclusions of Law:
CUP 99-033 Request for Conditional Use Permit for 81,000 s.f. mini-storage on
Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini
Storage, LLC - 1230 East Overland Road:
Tabled from February 15, 2000: Findings of Facts and Conclusions of Law:
AZ 99-022 Request for annexation and zoning of 10 acres to L-Q for proposed
Magic View Office Complex by W.H. Moore Company - Eagle Road and
Mag ic View:
Tabled from February 15, 2000: Findings of Facts and Conclusions of Law:
CUP 99-040 Request for Conditional Use Permit to provide multiple buildings on
a single site and an ancillary restaurant in proposed L-O zone for proposed
Magic View Office Complex by W.H. Moore Company - Eagle Road and
Magic View:
Findings of Facts and Conclusions of Law: CUP 00-001 Request for
Conditional Use Permit for proposed temporary parking and product storage on
adjacent lots zoned C-G by Gary Bodily of Bodily RV - meridian Road between
Franklin Road and Gem Street:
City Council Agenda - March 7,2000
Page 1
Findings of Facts and Conclusions of Law: AZ 99-021 Request for
annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven
Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland
and east Victory:
Findings of Facts and Conclusions of Law: RZ 00-001 Request for rezone of
1.761 acres from R-8 and R-15 to entirely R-15 by lynd Hoover-1318 E. 4th:
Findings of Facts and Conclusions of Law: AZ 00-001 Request for
annexation and zoning of 7.99 acres to R-4 by Robert Glenn - Ustick Road west
of Locust Grove Road:
Findings of Facts and Conclusions of Law: CUP 00-004 Request for
Conditional Use Permit for commercial expansion of the meridian Crossroads
Shopping Center (Walmart) by Developers Diversified Realty Corp., c/o the
Dakota Company, Inc. - southeast corner of Records Ddrive and Fairview
Avenue:
Findings of Facts and Conclusions of Law: CUP 00-002 Request for
Conditional Use Permit for expansion of existing church facility in an R-4 zone by
Meridian Friends Church - 1021 West Pine Avenue:
Findings of Facts and Conclusions of Law: Adult entertainment ordinance
relating to zoning schedule:
Approve bills:
Reaular Aaenda
Continued Public Hearing from February 1, 2000: Amendment of Fireworks
Ordinance and adoption of new fees:
Continued Public Hearing from February 15, 2000: AZ 00-002 Request for
annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction,
Inc. - west side of Locust Grove % mile north of F airview:
Continued Public Hearing from February 15, 2000: AZ 00-003 Request for
annexation and zoning of 3.68 acres to R-4 for proposed Pintail Pointe
Subdivision by Jeff Manship - south side of Cherry Lane, east of Black Cat
Road:
City Council Agenda - March 7 f 2000
Page 2
(
Continued Public Hearing from February 15, 2000: PP OO~001 Request for
preliminary plat for 11 lots on 3.68 acres in proposed R-4 zone for proposed
Pintail Pointe Subdivision by Jeff Manship - south side of Cherry Lane, east of
Black Cat Road:
Continued Public Hearing from February 15, 2000: CUP 00-005 Request for
Conditional Use Permit for Papa John's Pizza in an L-Q zone - take-out,
delivery and eating establishment by Cole Associates Architects - 1580 4th
Street, Suite 103:
Tabled from February 15, 2000: Ordinance No. AZ 99-018
Request for annexation and zoning of 7.25 acres to C-G by Overland Mini
Storage, LLC:
Tabled from February 15, 2000: AZ 99-010 request for annexation and zoning
of 150.79 acres to R-4 by Bear Creek, LLC - east of Stoddard Road and south
of Overland:
Tabled from February 15, 2000: PP 99-010 Request for preliminary plat for
proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by
Bear Creek, LLC - east of Stoddard Road and south of Overland:
Public Hearing: VAR 00-001 Request for a variance to allow building height of
55'6" in a C-G zone for United Heritage Corporate Headquarters by BRS
Architects:
Public Hearing: PP 00-016 Request for preliminary plat for 45 buiding lots on
8.25 acres for proposed Woodhaven Subdivision by Dan WoodN'J.D., Inc., -
west of Eagle Road between Overland and east of Victory:
Public Hearing: CUP 00-007 Request for daycare group with 6-12 kids in an R-
8 zone by Anna Kukay - 2512 E. Clarene:
Public Hearing: CUP 00-008 Request for conditional use permit for time
extension of temporary clubhouse by Cherry Lane Recreation, Inc. - 41 00 W.
Talamore:
Public Hearing: CUP 00-009 Request for conditional use permit for proposed
office buiding and townhouses in an L-O and R-8 zone of 5 acres by Centers
Construction - west side of Locust Grove % mile north of Fairview Avenue:
Public Hearing: PP 00-002 Reqest for preliminary plat for proposed Wesley
Subdivision for 32 townhouse lots and one office lot of 5.029 acres by Centers
Construction - west side of Locust Grove % mile north of Fairview Avenue:
City Council Agenda - March 7,2000
Page 3
(
Public Hearing: PP 00-003 Request for preliminary plat for Woodbridge
Subdivision of 164 lots on 50.9 acres by Woodbridge Community, LLC - east
side of South Locust Grove Road % mile south of Franklin Road:
Public Hearing: PFP 00-001 Request for preliminary/final plat for proposed
Records East Subdivision, three commercial lots on 2346 acres by Developers
Diversified Realty Corp. - southeast corner of Records Drive and F airview
Avenue:
Public Hearing: VAR 00-002 Request for a sign variance allowing a directional
to be placed off premise at the north side of the entrance on Meridian Road by
Home Federal:
VAC 00-001 Request for vacation of 10-foot wide utility and drainage easement
centered on lotline common to Lots 5 and 6, Block 2, Commerce Park
Subdivision located % mile east of Eagle Road on Commercial Court by 4M
Leasing/Canvest:
V AC 00-002 Request for vacation of two 6-foot easements - north/south and
east/west by Hawkins Smith - northwest corner of Fairview and Locust Grove:
Request to connect to City water and sewer by the LOS Church:
Water I Sewer / Trash Delinquencies:
DepartrnentReports:
City Council Agenda - March 7 J 2000
Page 4
(
(
Meridian City Council
Agenda
Tuesday, March 7,2000 @ 7:30 P.M.
City Council Chambers
Roll Call: X Ron Anderson >< Cherie McCandless
X Tammy deWeerd X Keith Bird
X Mayor Robert Corrie
Are. DejJtVt-/~ Prt'j-?~ Agenda
A. Approve minutes of February 15, 2000, Special Pre-Council meeting: apJ?;vv~
B. Approve minutes of February 15,2000, City Council meeting: 4:1J1TOW--
C. Approve minutes of February 22, 2000, Special City Council meeting: af1J't'&lI-<-
D. Approve minutes of February 29, 2000, Special City Council meeting: ?l7pv-e-
E. Request for $1000 limit for "City Seal" design by Tammy deWeerd: #J')l}'l?~
F. Resolution naming and approving trustees of the City of Meridian, non-
qualified deferred Comp Plan: ~~ "eeJ~fjnn-- B 3t?5
G. Development Agreements: AZ 99-019 Request for annexation and
zoning of 4.34 acres to C-G (Walgreen's) by Hawkins Smith
Management, Inc. - NW corner of Fairview and Locust Grove:
1. Brent E. and Luana B. Barris / Hawkins Smith Development
Company: l2-.er ~f, ~ Ii 304- .
2. Cheri Mansayon / Hawkins Smith Development Company: f!eru-&1--h~ i:fJo5""'
3. Kevin D. and Lila L. Bates / Hawkins Smith Development Company: /-.cJ~';'" "70.
4. John A. and Cheryl Wardle / Hawkins Smith Develbpment "'''
Company: ;2rzJeJ-Cu.f7;:"" #:5 1/( ~v.e-
H. Tabled from February 15, 2000: Development Agreement: AZ 99-018
Request for annexation and zoning of 7.25 acres to C-G by Overland Mini
Storage, LLC:
I. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: CUP 99-034 Request for a Conditional Use Permit to construct, a
single-tenant commercial building with a drive-thru window (Walgreen's)
City Council Agenda - March 7, 2000
Page 1
(
by Hawkins Smith rvlanagement, Inc. - NW corner of Fairview and Locust
Grove: ClfjJrov<..---
-" J. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: CUP 99-033 Request for Conditional Use Permit for 81,000 s.f.
mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision
by Overland Mini Storage, LLC - 1~30 East Overland Road:
~ vl:t/L To l1. ;2:3 # C A<! ttl,Ltpl h; _3 ~~; ~D
K. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L-
a for proposed Magic View Office Complex by W.H. Moore Company-
Eagle Road and Magic View: I<-fJI/'ov-,<--
L. Tabled from February 15, 2000: Findings of Facts and Conclusions
of Law: CUP 99-040 Request for Conditional Use Permit to provide
multiple buildings on a single site and an ancillary restaurant in proposed
L-Q zone for proposed Magic View Office Complex. by W.H. Moore
Company - Eagle Road and Magic View: aHTI7~
M. Findings of Facts and Conclusions of Law: CUP 00-001 Request for
Conditional Use Permit for proposed temporary parking and product
storage on adjacent lots zoned C-G by Gary Bodily of Bodily RV -
Meridian Road between Franklin Road and Gem Street: ar?f'Yt'v'~
- N. Findings of Facts and Conclusions of Law: AZ 99-021 Request for
annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven
Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road between
Overland and east Victory: ~ov..e Ie /WIC'A- #16 ~ii'rl-~ 3'<8/-00
O. Findings of Facts and Conclusions of Law: RZ 00-001 Request for
rezone of 1.761 acres from R-8 and R-15 to entirely R-15 by Lynd
Hoover - 1318 E. 4th: a?fJrcv~
P. Findings of Facts and Conclusions of Law: AZ 00-001 Request for'
annexation and zoning of 7.99 acres to R-4 by Robert Glenn - Ustick
Road west of Locust Grove Road: arlY'Pv-<,-
Q. Findings of Facts and Conclusions of Law: CUP 00-004 Request for
Conditional Use Permit for commercial expansion of the Meridian
Crossroads Shopping Center (Wal-Mart) by Developers Diversified Realty
Corp~J c/o the Dakota Company, Inc. - southeast corner of Records Drive
and Fairview Avenue: u/fJYo v...e--
City Council Agenda - March 7,2000
Page 2
(
R. Findings of Facts and Conclusions of Law: CUP 00-002 Request for
Conditional Use Permit for expansion of existing church facility in an R-4
zone by Meridian Friends Church - 1021 West Pine Avenue: 1?PfOV~
-~. S. Findings of Facts and Conclusions of Law: Adult entertainment
ordinance relating to zoning schedule: ,. .>"< . <;? _ "'/_ tJO
/Vt ov.e ~ 2:3 13 7ztbe:L 10 ./ ~,
T. Request for connection to City services for the LOS Church by James K.
Lystrup: af'fJrt7v~ ·
U. Approve bills: afprov-fL/
Reaular Aaenda
1. Ordinance No. g 5 r : AZ 99-019 Request for annexation and
zoning by Hawkins Smith (Walgreen's): ~fJ /rt/v.e.--
2. Ordinance No. 8 {. 0 : AZ 99-006 Request for annexation and
zoning for Wilkins Ranch Subdivision: ~pr&VfL-
3. Tabled from February 15, 2000: Ordinance No. : AZ 99-018
Request for annexation and zoning of 7.25 acres to C-G by Overland Mini
Storage, LLC: f?1-tJtre !o#;t3 <L
4. Tabled from February 15, 2000: AZ 99-010 Request for annexation and
zoning of 150.79 acres to R-4 by Bear Creek, LLC - east of Stoddard
Road and south of Overland:
i1~h 'cR- 4J r fVZ ~V frllff 1- 4- -c? () tr e h rnh:; /-I.? ~ 3 - 6 - 00
5. Tabled from February 15, 2000: PP 99-010 Requestfor preliminary plat
for proposed Bear Creek Subdivision - 326 single-family lots on 150.79
acres by Bear Creek, LLC - east of Stoddard Road and south of
overlah~~c...e. M f\,ew jJl/{' 4-1-00 refe--vz.'h-J?:- ~ 3--6-00
6. Continued Public Hearing from February 1, 2000: Amendment of
Fireworks Ordinance and adoption of new fees:
~t;7}1./-A.j/t~ ;2/1/ fv 3.U -00
7. Continued Public Hearing from February 15, 2000: AZ 00-003
Request for annexation and zoning of 3.68 acres to R-4 for proposed
Pintail Pointe Subdivision by Jeff Manship - south side of Cherry Lane,
east of Black Cat Road: /) /'f''''' I
CI 'hJ tl/lr~J Iv f^1l1 ~ r II f c:-/..R
City Council Agenda - March 7, 2000
Page 3
(
----
8. Continued Public Hearing from February 15, 2000: PP 00-001
Request for preliminary plat for 11 lots on 3.68 acres in proposed R-4
zone for proposed Pintail Pointe Subdivision by Jeff Manship - south
side of Cherry Lane, east of Black Cat Road:
flU, cultrv}~ Iv jTXjJtv..e .//;: (t!/-e.
9. Continued Public Rearing from February 15, 2000: CUP 00-005
Request for Conditional Use Permit for Papa John's Pizza in an L-Q zone
- take-out, delivery and eating establishment by Cole Associates
Architects - 1580 4th Street, Suite 103:
c/fzJ a..-dlrll,.e:; f<7 r-;; 4/l.L /' //-/ c/-e,
10. Continued Public Hearing from February 15, 2000: AZ 00-002
Request for annexation and zoning of 5.029 acres to L-Q and R-8 by
Centers Construction, Inc. - west side of L.ocust Grove 'X mile north of
Fairview: 8/& tuX~j k Jhi-fJN~ -//-/' I (J I L
11. Public Hearing: CUP 00-009 Request for conditional use permit for
proposed office building and townhouses in an L-Q and R-8 zone of 5
acres by Centers C.onstruction - west side of Locust Grove 'X mile north
of Fairview Avenue: L / - - ~,.L L'
~~6/i~ ~~/*1rrcL~/ I & fJ~r(~--c /11 f CI (;.> ~/;J.l::e ~/ l 3- () --00
12. Public Hearing: PP 00-002 Request for preliminary plat for proposed
Wesley Subdivision for 32 townhouse lots and one office lot of 5.029
acres by Centers Construction - west side of Locust Grove ~ mile north
of Fairview Avenue: , '2?L
7Z--~ ~II /~-(lO
13. Public Hearing: CUP 00-008 Request for conditional use permit for time
extension of temporary clubhouse by Cherry Lane Recreation, Inc. -
4100 W. Talamore: ' "
&/"0 cut;;t?J-~~ /-0 ~j/'~ /'I,c % c l-e
14. Public Hearing: CUP 00-007 Request for daycare group with 6-12 kids
in an R-8 zone by Anna Kukay - 2512 E. Clarene:
e 1'?:1 ?a;ttr~YI-E,1I-o fhR-p ifrve. J! ~ 4' c /...e.-
15. Public Hearing: VAR 00-001 Request for a variance to allow building
height of 55'6" in a C-G zone for United Heritage Corporate
Headquarters by BRS Architects: ~
t?/ tr #Ja7/JU 1. -Ie ;:Jl-e r~-/ / ~ I c /--t
16. Public Hearing: PP 00-016 Request for preliminary plat for 45 building
lots on 8.25 acres for proposed Wood haven Subdivision by Dan
Wood/D.W., Inc., - west of Eagle Road between Overland and east of
~i9tory: (}trn~ ~'7 J--- :Z/I~tliJ
~Af~
17. Public Hearing: PP 00-003 Request for preliminary plat for Woodbridge
Subdivision of 164 lots on 50.9 acres by Woodbridge Community, LLC -
east side of South Locust Grove Road % mile south of Franklin Road:
C~~ ~-7 3~21--00
City Council Agenda - March 7, 2000
Page 4
18.
19.
20.
21.
22.
23.
:lk,~ .f"
JJe~ r
I Ie- :3
f
t.
(
Public Hearing: PFP 00-001 Request for preliminary/final plat for
proposed Records East Subdivision, three commercial lots on 23.6
acres by Developers Diversified Realty Corp. - southeast corner of
Records. Drive and Fairview Avenue: /
C<Z Iv; ~~(j~J:. p ~/)&~ -r1.?'1" t? /--t
Public Hearing: VAR 00-002 Request for a sign variance allowing a
directional to be placed off premise at the north side of the entrance on
Meridian Road by Home Federal: ~
C' /hj ~ tJ ;fo;-:;-e /"~ /'I/' 'f' c/.-e
Public Hearing: VAC 00-001 Request for vacation of 10-foot wide utility
and drainage easement centered on lot line common to Lots 5 and 6,
Block 2, Commerce Park Subdivision located % mile east of Eagle Road
on Commercial Court by 4M Leasing/Canvest:
{!;h;~~ 10 ~/?C-~ /y,ctlc/..-fL
Public Hearing: VAC 00-002 Request for vacation of two 6-foot
easements, north/south and east/west, by Hawkins Smith - northwest
corner of Fairview and Locust Grove:
c?hj~/ fo pve-pt~ //.?I c/--<-
Water I Sewer I Trash Delinquencies: t'l/IYOv.fL..-
Department Reports:
A. City Engineer - Gary Smith
1. Proposed "Construction, Operation and Maintenance Agreement"
between Gemtone, Inc. and the Settlers Irrigation District:
tlpl7rW~
2.. WWTP Digester and Clarifier Facilities - Change Order No.2:
tf:- ;? j:J r (;7 v...e-
{2;;.
CAle f. 6(,~ trr->
1u-6/€ bv~ I J~:JI-t!li7
Ia-~ u//"';?l 3- 21-&0
/-a.Bee tt,~J./ t 5' ~ 1/ - & ()
City Council Agenda - March 7,2000
Page 5
(
Meridian City Council Meetina
March 7. 2000
The regularly scheduled City Council Meeting of the Meridian City Council was
called to order at 7:45 p.m. on Tuesday, March 7, 2000 by Mayor Robert D.
Corrie.
Members present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy
deWeerd, Keith Bird
Others present: Eric Rossman, Gary Smith, Brad Watson, Brad Hawkins-Clark,
Ken Bowers, Joe Silva, Will Berg
Corrie: Okay. I'll call the meeting of the City Council to order at 7:45, Tuesday,
March 7, 2000. At this time, I'll have the City Clerk call roll-call.
Corrie: Thank you. I'd like to welcome every one here this evening. It's good to
see the crowd and nice to see the Fire Department here; people standing up
we're overcrowded, but the Fire Marshall's not here, I don't think. Also like to
welcome the Scout Troop 316, 198 and 5 here this evening. Welcome. I hope
you learn a lot about the civics of our city. At this time, I'd like to have the Fire
Chief, Kenny Bowers, come forth, and we have some presentations to the Fire
Department members.
Fire Department Presentation
Bowers: Mayor Corrie and City Council members, February 9th of this year there
was a family get-together in Meridian here. It was a birthday party, and these
people had just moved from California to this area. Over visiting their brother's
place having a birthday party, and one of the little kids around two years old
walked outside, playing in the pond out back trying to catch the fish in it, throwing
balls, throwing rocks, of course, at the fish, and slipped in the pond and
presumed drowned at that time. The father went looking for him, found him in
the pond, pulled him out of the water after they called 911 at this time, and we
received the emergency call of a drowning in a pond. We had a volunteer
firefighter that lives just a few houses down that was home for some reason that
day, and there was a City of Meridian water department personnel that was
driving by the house at the same time as the call came in, so we have a little
certificate to give the gentlemen tonight that helped out on the emergency call.
Nice little certificate with the Fireman's Prayer on the front of it with the seal of
Meridian. I would like to have Ren Thompson, Jamie Allen, Captain Jeff Murray,
Brian Zimmerman, Nick Corral please come forward. Also I'd like to have Mayor
Corrie, President of the Council Keith Bird, and Ron Anderson, our Council
person for Fire come down. Presenting Jamie Allen from the City of Meridian as
he was driving by, he heard the call, was able to stop. Ren Thompson which just
lives a couple of houses down was able to come over and help out. This is our
engine crew that was on duty at the time that came in about two minutes later.
(
Meridian City Council Meeting
March 7, 2000
Page 2
(
Ren and Jamie was really looking for the help and all the equipment they could
have in order to do CPR and the whole works. We got Captain Jeff Murray,
we've got Brian Zimmerman and Firefighter Nick Corral. We would like to give
them the Fireman's Prayer. Mayor, you can give this to them. The little boy just
got out of the hospital the other night, the other day. He's doing fine. There will
not be any problems with the little boy. Saturday we were able to finish the
birthday party for the little boy and his family. We took him in the fire truck, took
him on a tour of the new fire station. Had some balloons, cake and ice cream.
We really had a fun time. It brought some tears to your eyes. Appreciate it.
Thank you, guys. I appreciate it, Mayor Corrie and City Council for allowing us to
do the certificates tonight. Thank you. Councilman Ron Anderson had a little
word to say.
Anderson: I would like to especially thank the two gentlemen that collected their
award and left now, but the two that are - the volunteer firefighters. Normally
what happens when a call comes in, the on-duty firefighters will respond to that
call) and in this case, they would have had a response time that would have been
probably three or four minutes getting across town and getting there. Those two
volunteer firefighters who had been trained in CPR and First Aid procedures
normally their assignment would be to report to the station, but they exercised
what I thought was extremely good judgment, and they knew that their
involvement would have made a difference, and so they proceeded directly to the
scene and started administering First Aid within a matter of probably less than a
minute. I think those valuable minutes made a difference in this case in saving
that little child's life. I think those two men deserve a big hand.
Corrie: Thank you very much.
Item A.
Approve minutes of February 15, 2000, Special Pre-Council
meeting:
Item B.
Approve minutes of February 15, 2000, City Council meeting:
Item C.
Approve minutes of February 22, 2000, Special City Council
meeting:
Item D.
Approve minutes of February 29, 2000, Special City Council
meeting:
Item E.
Request for $1000 limit for "City Seal" design by Tammy deWeerd:
Item F.
Resolution naming and approving trustees of the City of Meridian,
non-qualified deferred Camp Plan:
(
Meridian City Council Meeting
March 7,2000
Page 3
Item G. Development Agreements: AZ 99-019 Request for annexation and
zoning of 4.34 acres to C-G (Walgreen's) by Hawkins Smith
Management, Inc. - NW corner of Fairview and Locust Grove:
1. Brent E. and Luana B. Barris / Hawkins Smith Development
Company:
2. Cheri Mansayon / Hawkins Smith Development Company:
3. Kevin D. and Lila L. Bates / Hawkins Smith Development Company:
4. John A. and Cheryl Wardle / Hawkins Smith Development
Company:
Item H. Tabled from February 15, 2000: Development Agreement: AZ 99-
018 Request for annexation and zoning of 7.25 acres to C-G by
Overland Mini Storage, LLC:
Item I. Tabled from February 15, 2000: Findings of Facts and
Conclusions of Law: CUP 99-034 Request for a Conditional Use
Permit to construct a single-tenant commercial building with a drive-
thru window (Walgreen's) by Hawkins Smith Management, Inc. - NW
corner of Fairview and Locust Grove:
Item J. Tabled from February 15, 2000: Findings of Facts and
Conclusions of Law: CUP 99-033 Request for Conditional Use
Permit for 81,000 s.f. mini-storage on Lot 2 of proposed Overland Mini
Storage Subdivision by Overland Mini Storage, LLC - 1230 East
Overland Road:
Item K. Tabled from February 15, 2000: Findings of Facts and
Conclusions of Law: AZ 99-022 Request for annexation and zoning
of 10 acres to L-O for proposed Magic View Office Complex by W.H.
Moore Company - Eagle Road and Magic View: Apprve
Item L. Tabled from February 15, 2000: Findings of Facts and
Conclusions of Law: CUP 99-040 Request for Conditional Use
Permit to provide multiple buildings on a single site and an ancillary
restaurant in proposed L-O zone for proposed Magic View Office
Complex by W.H. Moore Company - Eagle Road and Magic View:
Item M. Findings of Facts and Conclusions of Law: CUP 00-001 Request
for Conditional Use Permit for proposed temporary parking and product
storage on adjacent lots zoned C-G by Gary Bodily of Bodily RV -
Meridian Road between Franklin Road and Gem Street:
Item N. Findings of Facts and Conclusions of Law: AZ 99-021 Request for
annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven
Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road between
Overland and east Victory:
Meridian City Council Meeting
March 7, 2000
Page 4
Item O. Findings of Facts and Conclusions of Law: RZ 00-001 Request for
rezone of 1.761 acres from R-8 and R-15 to entirely R-15 by Lynd
Hoover -1318 E. 4th:
Item P. Findings of Facts and Conclusions of Law: AZ 00-001 Request for
annexation and zoning of 7.99 acres to R-4 by Robert Glenn - Ustick
Road west of Locust Grove Road:
Item Q. Findings of Facts and Conclusions of Law: CUP 00-004 Request
for Conditional Use Permit for commercial expansion of the Meridian
Crossroads Shopping Center (Wal-Mart) by Developers Diversified
Realty Corp., c/o the Dakota Company, Inc. - southeast corner of
Records Drive and Fairview Avenue:
Item R. Findings of Facts and Conclusions of Law: CUP 00-002 Request
for Conditional Use Permit for expansion of existing church facility in
an R-4 zone by Meridian Friends Church - 1021 West Pine Avenue:
Item S. Findings of Facts and Conclusions of Law: Adult entertainment
ordinance relating to zoning schedule:
Item T. Request for connection to City services for the LOS Church by James
K. Lystrup:
Item U. Approve bills:
Corrie: Okay. Council, we have the Consent Agenda in front of you. Is there
any items that you want to pull or revisit later in the evening?
Anderson: Mr. Mayor. I would make a motion that we pull Item J, Nand S.
Move Item J to 23C and combine Item N with Item 16, and move Item S to 23B.
Then I would make a motion that we approve the Consent Agenda.
Bird: Second.
Corrie: Okay. Motion has been made for Item J to be placed on Item 23C, Item
N will be going to Item 16 as Item B, and also Item S will be Item 23B. Then also
to approve the Consent Agenda.
deWeerd: Mr. Mayor. I would just like to know again that my vote would include
to abstain from Item Q.
Corrie: Okay. Any other discussion? Okay. Hearing none, roll-call vote on all
consent items as stated in the agenda except Q. Roll-call vote, Mr. Berg.
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Meridian City Council Meeting
March 7, 2000
Page 5
Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. All ayes on that. Now let's have a roll-call vote, please, on Q.
Roll-call: Anderson, aye; McCandless, aye; deWeerd, abstain, Bird, aye.
MOTION CARRIED: THREE AYES, ONE ABSTENTION.
Corrie: As you can see, we have quite a regular agenda in front of us, ladies and
gentlemen. So we're going to try to get through as many as we can. Hopefully
we're going to get through all of them by about 10:30, but because of the
different department reports we have, so about 9:30, we'll let you know where we
are and we'll see what we can do there.
Item 1.
Ordinance No. 859: AZ 99-019 Request for annexation and
zoning by Hawkins Smith (Walgreen's):
Corrie: Item No. 1 on the regular agenda is Ordinance, AZ 99-019, request for
annexation and zoning by Hawkins Smith, Walgreen's. Mr. Clerk, what
Ordinance No. will that be? 859? Okay. Will the Clerk please read Ordinance
No. 859 by title only, please?
Berg: Thank you, Mr. Mayor. Ordinance No. 859: An ordinance finding that
certain land lies contiguous or adjacent to the city limits of the City of Meridian,
County of Ada, State of Idaho; and findings 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 general retail and service commercial district
(C-G); and declaring that said land, by proper legal description as described
below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing
all ordinances, resolutions, orders or parts thereof in conflict herewith; and
directing the City Engineer to add said property to the official maps of the City of
Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified
copy of the ordinance and map of the areas to be annexed with Ada County
Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of
the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215.
Corrie: Okay. Is there anyone from the audience that would like to have
Ordinance 859, request for annexation and zoning by Walgreen's, read in its
entirety? Hearing none, 1'(1 entertain a motion by Council on Ordinance No. 859.
Anderson: Mr. Mayor. I would make a motion that we approve Ordinance No.
859, a request for annexation and zoning for Hawkins Smith, Walgreen's, with
suspension of the rules.
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Meridian City Council Meeting
March 7,2000
Page 6
Bird: Second.
Corrie: Okay. The motion has been made by Mr. Anderson, seconded by Mr.
Bird to approve Ordinance No. 859 with the suspension of rules. Any further
discussion? Hearing none, Mr. Clerk, will you take roll-call vote, please.
Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 2.
Ordinance No. 860: AZ 99-006 Request for annexation and
zoning for Wilkins Ranch Subdivision:
Corrie: Item No. 2 on the agenda is Ordinance No. 860. This is a request for
annexation and zoning, is that correct, Mr. Berg? For annexation and zoning for
Wilkins Ranch Subdivision. Mr. Clerk, will you read Ordinance No. 860 by title
only, please.
Berg: Thank you, Mr. Mayor. Ordinance No. 860: An ordinance finding that
certain land lies contiguous or adjacent to the city limits of the City of Meridian,
County of Ada, State of Idaho; and finding that the owner has made a request for
annexation in writing to the Council; and that said land be annexed to the City of
Meridian and zoning designated low density residential district (R-4); and
declaring that said land, by proper legal description as described below, be a part
of the City of Meridian, County of Ada, State of Idaho; repealing all ordinances,
resolutions, orders or parts thereof in conflict herewith; and directing the City
Engineer to add said property to the official maps of the City of Meridian, Idaho;
and directing the Clerk of the City of Meridian to file a certified copy of the
ordinance and map of the areas to be annexed with the Ada County Recorder,
Auditor, Treasurer and Assessor, and the State Tax Commission of the State of
Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215.
Corrie: You've heard the reading of Ordinance No. 860 for request for
annexation and zoning for Wilkins Ranch Subdivision. Is there anyone from the
audience that would like to have the Ordinance 860 read in its entirety? Hearing
none, I'll entertain a motion from Council on Ordinance No. 860.
Bird: Mr. Mayor. I move that we pass Ordinance 860, the request for annexation
and zoning for Wilkins Ranch Subdivision with a suspension of rules.
Anderson: Second.
Corrie: Motion is made by Mr. Bird, seconded by Mr. Anderson to approve
Ordinance No. 860, request for annexation and zoning for Wilkins Ranch
Subdivision with the suspension of rules. Any further discussion? Hearing none,
roll-call vote, Mr. Berg.
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Meridian City Council Meeting
March 7,2000
Page 7
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Berg: Thank you, Mr. Mayor.
Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 3. Tabled from February 15, 2000: Ordinance No. AZ
99-018 Request for annexation and zoning of 7.25 acres to C-G by Overland
Mini Storage, LLC:
Corrie: Item No. 3 was tabled from February 15, 2000, Ordinance No. - is that
861 or is that a different Ordinance number? That's what - This is for ordinance
on the request for annexation and zoning of 7.25 acres to C-G by Overland Mini
Storage, LLC. Staff, Brad, do we have a problem here?
Hawkins-Clark: Mayor, I would request that since you've moved the Item J which
is the Findings of Fact for the CUP on this same project to the regular hearing,
and since some of the conditions that are attached to the Development
Agreement may change because of moving that to a public hearing, then that
Item 3, the annexation and zoning ordinance should also be held until those
conditional use permit is finalized so those conditions could be determined and
put into the Development Agreement.
Corrie: Okay. I'll entertain a motion to move Item No.3 to Item 23CA.
Bird: Mr. Mayor. I move that we take Item No.3 which is the Ordinance No. for
annexation and zoning of 7.25 acres by Overland Mini Storage and place it down
on Item No. 230, I guess. C. Okay. 23C.
Anderson: Second.
Corrie: Okay. Motion is made and seconded to move Item No.3 to Item 23CB
at this time. Any further discussion? Hearing none, all those in favor say aye.
MOTION CARRIED: ALL AYES
Item 4.
Tabled from February 15, 2000: AZ 99-010 Request for
annexation and zoning of 150.79 acres to R-4 by Bear Creek, LLC
- east of Stoddard Road and south of Overland:
Item 5.
Tabled from February 15, 2000: PP 99-010 Request for
preliminary plat for proposed Bear Creek Subdivision - 326
single-family lots on 150.79 acres by Bear Creek, LLC - east of
Stoddard Road and south of Overland:
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Meridian City Council Meeting
March 7, 2000
Page 8
Corrie: Item No. 4 was tabled from February 15, 2000, the request for
annexation and zoning of 150.79 acres to R-4 by Bear Creek, LLC, east of
Stoddard Road and south of Overland. Staff, comments here?
Hawkins-Clark: Mr. Mayor, members of the Council, on the screen is the
property in question. This is a tabled item, I believe, but you know most of the
issues that are involved with it from the previous staff reports. This is the
proposed plat that accompanies the next item on the agenda. I think 1'1) just
leave it at that in terms of staff since it is a continued item.
Corrie: Any other staff reports, Gary?
Smith: Mr. Mayor and Council, I recently transmitted some information to you
that I received from a property owner to the south of Kentucky Ridge Estates
which is south of the Victory Road boundary of this subdivision. It concerns
conditions that were placed on approval of Kentucky Ridge and Meridian Heights
NO.2 Subdivision by Ada County. I don't know whether those comments that
were received from that landowner and also a letter that was received from Ada
County Director of Development Services appropriate for the annexation and
rezone or if it's more appropriate for the preliminary plat. But there is an issue
that needs to be addressed there; primarily the sewering of the Meridian Heights
and the Kentucky Ridge Subdivisions. I think that's more of a preliminary plat
issue, but it's going to - I think it could affect the sewerage system for Bear
Creek.
Corrie: Thank you. Council, discussion?
McCandless: Mr. Mayor. I'm very disturbed about this subdivision. I feel like
they're putting the cart before the horse. They don't have all their ducks in a row
out there, and the traffic problem that we've received letters on is really bad out
there. Do we have to have somebody killed or two or three people killed trying to
get out on Highway 69 or wherever they're coming from? ACHD has said that
they're not prepared at this time to put lights out there. There's an awful lot of
houses going in there and adding to the traffic problem. I just don't think they're
ready.
Corrie: Any other comments?
Bird: Mr. Mayor. I agree with Cherie to a degree that we've probably got our
horse before the cart. I think the cart's done got ahead of us. The thing I'm
concerned of, I think that the developer if, as I understand it, with this new
sewage deal, that that's going to maybe cause our sewer line to run within their
development. I'm not sure. That was one proposal that was brought to me this
morning. I'd like Gary to clarify that for a little bit. Him or Brad if they would if
that's a real possibility. IF that will have some outcome on probably, they'd like
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Meridian City Council Meeting
March 71 2000
Page 9
to know if we were going to run a sewer line through their property where they
don't plan on it. So I'd like Gary or Brad to answer to that. It's probably plat.
Smith: Mayor and Council, the little arrow on the screen is right there - is a
lagoon sewage treatment lagoon for the Meridian Heights and the Kentucky
Ridge Subdivision which off the screen you can just barely see the edge of
Kentucky Ridge right there. There's an access road for Kentucky Ridge to get up
to it. I can't recall if that's the edge of Meridian Heights or not. It may be. But,
anyway, the lagoon that treats the sewage for those two subdivisions is right
here. The wastewater facility plan that was prepared by our consulting engineer
shows a 21-inch diameter sewer coming down this line along the west side of
Meridian Heights to Victory Road and then east along Victory Road it becomes a
24 at that point, I believe, east on Victory Road to Kuna-Meridian Road, and then
north of Kuna-Meridian to a drainage that would go across diagonally, I think that
drainage is called the Harden Drain, and it goes across diagonally, and
eventually gets into the Black Cat drainage as it progresses north and west. We
don't have at the moment enough information, physical, ground elevation
information to tell whether the route that the consulting engineer for our facility
plan proposed for this trunk line should go in that direction that I outlined to you
previously or if it should go through Bear Creek generally like this and out to
Stoddard and then up to Harden Drain and then northwest. We don't have that
ground information yet to know which would be the most logical direction to
construct that sewer line. Bear Creek will be required to extend a 24-inch line
across their property on this Harden Drain anyway to pick up flow. There will be,
eventually, crossing through Bear Creek under Kuna-Meridian Road to the
southeast. One of the issues or one of the questions that I had with the
correspondence from Ada County that was provided to us by a gentleman that
owns property south of Kentucky Ridge was a statement that Kentucky Ridge
and Meridian Heights Subdivision was approved by Ada County with certain
conditions. One of those conditions which is No. 30 in their list of conditions
stated, and I'll paraphrase it, but generally that the sewerage system for treating
the waste from Kentucky Ridge and Meridian Heights was to be discontinued and
that system connected to Meridian sewer when it was reasonably available. In
talking with the Director of Development Services at Ada County on Monday
morning, he couldn't tell me what "reasonably available" meant. I don't know
what it means, either. In the County, in the City of Boise and the City of
Meridian, whenever a public sewer is within 300 feet of a piece of City property
and it's developing, then it's required to connect to the sewer within a certain time
period, but I don't know what it means in Condition No. 30 that was issued for
approval of Kentucky Ridge Estates. Once Bear Creek Subdivision development
reaches victory Road, then it will be within 300 feet, for example, of the lagoon. It
will be contiguous, as I understand it, to the boundary of what the lagoon
occupies which is part of the Homeowners Association of Meridian Heights and
Kentucky Ridge. So Bear Creek would be contiguous to, as I understand it, the
property that is owned and managed by the Homeowners Association of those
two subdivisions. Well, if that's the case, then I would assume that sewer is
Meridian City Council Meeting
March 7, 2000
Page 10
reasonably available, and I don't know how enforceable that condition is by the
County; I don't know what they do; if DEQ gets involved in it or someone else
gets involved in it and forces the connection, then two things happen. One is that
we get 300 dwelling units into our system in a very short period of time which is
what the numbers are, I believe, for Meridian Heights and Kentucky Ridge
combined, and secondly, those 300 residences out there pay us $1580 each for
that connection. I talked to some time ago, I believe he was or is the President of
Meridian Heights Homeowners Association. He asked that question of me on
required connection. At that time, I wasn't aware of the conditions that Ada
County had placed on Kentucky Ridge. So I told him the only, as far as I
understood, the only way they could be required to connect was if an outside
agency made that requirement and had that ability to make that requirement of
the City of Meridian to accept those wastes. So I don't have an answer for you
on that one. I just don't know. I don't have an answer for you on what the best
direction would be for this trunk line to be extended, in which direction; whether it
should go through Bear Creek, out to Stoddard and then up to Harden Drain and
then northwest or if it should follow the alignment that our consulting engineer
gave us in the study that they prepared for us and come out to Victory and to
Kuna-Meridian Road. As I mentioned earlier, I don't know that this is an
annexation and zoning issue or if this is a preliminary plat issue, but it certainly is
a question right now that I don't have an answer for and I can't give you any
guidance on it. I think I would really like to know the legalities of the County's
requirements and just how they enforce it, how they can enforce it, or what they
would do to enforce it. I've been told that DEQ has an annual requirement on
that lagoon to test the quality of the effluent from the lagoon. I've also been told
that the effluent is pumped out of that lagoon periodically. They do have a land-
application site. It's on the west side of Meridian Heights No.2 Subdivision and
they pump the effluent from the pond periodically.
Anderson: Gary, your concern is more with Meridian Heights and Kentucky
Ridge and how they would tie into sewer then; not necessarily Bear Creek and
their ability to sewer? Where does their sewer go and are we at capacity? Is
there a line in place or is that going to take a lift station or what?
Smith: Bear Creek's?
Anderson: Yes.
Smith: Bear Creek Subdivision will have to have a lift station to pump into the
Ten Mile Creek drainage or the Ten Mile drain sewer, excuse me. That's been
the proposal from the very beginning. The question that we've been wrestling
with was whether the lift station should be sized for Bear Creek Subdivision or,
as you mentioned, Councilman, at one of the meetings, was to move it west and
size it for a larger service area. Now, even if the lift station stayed at Bear Creek,
and if we are required to connect those two other subdivisions, then all of a
sudden, the lift station changes from what it would have been to serve Bear
Meridian City Council Meeting
March 7,2000
Page 11
Creek of 326 units to what would be required to serve 626 units. So there's a big
difference, a big change. There would be a big change on the size of the pipe
going through Bear Creek if that was the logical route or the interceptor that we
were planning, the future interceptor.
Anderson: And is capacity on that Ten Mile line, is that an issue?
Smith: Mayor and Council, I don't remember. Brad Watson is here, and he
remembers the numbers better than I do. The Bear Creek Subdivision, as I
recall, there was a bottleneck at the - in our existing interceptor line at
Crestwood Subdivision from Crestwood Subdivision at Linder and Franklin north
to the railroad tracks on Linder, there was a bottleneck in there for capacity. The
proposal, part of the proposal for Bear Creek was to parallel-pipe that section of
our sewer line. They picked it up from Ten Mile Drain, ran it through Crestwood
to Franklin, down Franklin to Linder, and then north on Linder.
(Unidentified): May I make a point of order at this point?
Corrie: Hang on just a minute. We'll get to you. Go ahead, Gary. We'll get to
you.
Smith: And at that point, they were going to parallel-pipe it, and that changed the
available capacity in the sewer line. I don't remember how many it increased, but
it made the capacity available for Bear Creek and it increased capacity for
additional homes south and east on Ten Mile Drainage.
Corrie: This is not a public hearing, but - would you come up and identify
yourself and we'll find out whether or not we're going to have your point taken or
not.
Spink: My name is Michael Spink. I'm the attorney for Bear Creek. I appeared
at the last hearing at which time you, the Council, closed the public hearing on
both items. The public hearing has been extended for three months. This
testimony is not appropriate. You gave specific directions to the City Attorney
and my office to come back with agreed language dealing with all of these issues
which we have done. That has been submitted to you and agreed by the
applicant. The public hearing is closed at this point. We have done what you
asked us to do. The City Attorney and my office has agreed to the language for
your consideration. We have had no notice of any of the things that the City
Engineer who resides in the neighboring subdivisions has raised tonight without
any notification hopefully either to the City Attorney's office or my office. So we
think that the testimony probably is not even appropriately part of the public
record although we would appreciate the City Attorney's comments on the
procedural status of the hearing because we are here prepared tonight only to
discuss the language that we negotiated at your specific request after the public
hearing was closed.
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Meridian City Council Meeting
March 7, 2000
Page 12
Corrie: Mr. Attorney. (inaudible) Court of Law here. Let's not let it get too long.
Rossman: Yes, Mayor. Mr. Spink is, of course I wasn't at the last hearing on this
project, but it is my understanding as well that all that was going to be addressed
today was going to be the specific issues that were raised after the public hearing
was closed at the last public hearing at the last City Council meeting. If this is a
new issue that was not raised at the public hearing, it certainly isn't appropriately
raised after the public hearing's been closed. Bear Creek hasn't been given the
opportunity to address that issue and certainly would be deprived of the
opportunity to address that issue if the public hearing has been closed. My
recommendation would be one of two different things. One would be to
disregard any new information that's been raised and continue as proposed at
the last City Council meeting; the alternative if any City Council is inclined to re-
open the public hearing, it certainly can do that. This hasn't evolved to the point
where they can't re-open the public hearing, issue proper notice and address any
new issues that should be raised.
Corrie: Well, hearing that, I would suggest that the Council not be required to
hear what the Council, Mr. Smith has said, and it would be my recommendation
to the Council to table this and - maybe not table it, but remand it back for a
public hearing again to take on the new testimony. (inaudible) received by letter.
Bird: How does the Council feel? Cherie?
McCandless: I'm certainly willing to do that. That's the legal way to proceed.
just have a lot of concerns. I have had all along.
Anderson: My feeling is if there's new information that's pertinent to this, we had
some real concerns about sewer issues as well as traffic issues prior to this. If
there's additional information that we need to hear, I would by all means support
more public testimony to find out all we can about this project before it is
approved.
deWeerd: I don't know. At this point I'm not sure about how these other
subdivisions are influencing this. I guess I would like the definition from the
County as to what that actually means; otherwise, the additional 300 homes
really has no bearing on this application. So until we get that defined, I guess I'd
be supporting of tabling this. Otherwise, if we do re-open the public hearing~ I
would think that it should be specifically for this reason only. We've hashed out
everything over and over, and I don't think there's more that can be said. If it's
for an additional information as new testimony, I can understand that. But to re-
open everything, you know, it's all been said.
Rossman: Mr. Mayor, that's perfectly acceptable if I understand Council member
deWeerd about re-opening the meeting and having another free-for-all public
testimony. The City Council can certainly if they choose to re-open the public
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Meridian City Council Meeting
March 7,2000
Page 13
hearing, can limit the issue to be addressing the public hearing to that which was
raised by Mr. Smith.
Bird: I agree with Ron and Tammy that I think that we need to - I have no
problem either voting on it or re-opening the public hearing, but I don't want to sit
through and hear the same concerns that we heard on everything else. I'd like it
to be just strictly new testimony. So if the other Council members are for it, I'm in
favor of tabling this until I guess two weeks so we can get the notices out in time.
That's one month.
Corrie: Councilor, it wouldn't be a table. It'd be a new public hearing for new
testimony only.
deWeerd: Mr. Mayor, at this point, we don't know if that influences this property
or if this has any influence on this application or not, so I would like to get - I
don't know if the procedure is to go ahead and notice it for public hearing, but if it
comes back from the County that this does not affect this application, then we're
re-opening it for no other reason. So, Gary, would you be able to enlighten us on
that?
Smith: Mr. Mayor, Council members, the impact that this would have would have
to do with the development plans that would be prepared for this subdivision.
The development plans for the sizing of this sewer line within the subdivision and
the sizing of the lift station. I don't know - I guess I just don't have an answer for
you, like I said earlier, is what the County - how enforceable the County's
requirement is because the subdivisions, those two subdivisions are outside the
city limits~ It would be a county subdivision. It would impact the capacity of the
Ten Mile drain interceptor by the additional 300 homes, and I won't say that that
would cause an over-capacity situation because I don't think it would with the 300
homes. It would just decrease whatever reserve capacity or whatever excess
capacity there is in that line that is being built up by the parallel pipe. But it would
influence the development plans for the subdivision in terms of lift station size
and possibly a sewer line in the subdivision to the south boundary that would be,
say, of a 24-inch diameter. I did want to comment - do want to comment that as
soon as I receive this information from the County, I sent it for distribution to all of
you and to the representative for the developer and the representative for the
developer has also been in conversation with Ada County's Development
Services on this before I talked to her this morning again after I received the
letter from them. It's been kicking around for about a week, I think, is all.
deWeerd: So they were aware of it, thought? Okay.
Corrie: Anybody want to -
Bird: Mr. Mayor. I hope I do this right. I move that Item 4, the request for
annexation and zoning of 150.79 acres to R-4 by Bear Creek, LLC, east of
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Meridian City Council Meeting
March 7, 2000
Page 14
Stoddard Road and south of Overland be continued and a new public meeting be
set where only new items will be addressed, existing items have been taken care
of, and that - I guess it'll have to be the first one in April. April 4th.
deWeerd: Second.
Corrie: Okay. Motion has been made to have new testimony given to the City
Council in a hearing to hear only new testimony in reference to the annexation
and zoning and to be on April the 4th. Motion made and seconded. Further
discussion?
Anderson: On the part of the motion while we're talking about only new
testimony, does that need clarification that we're only talking about a single issue
or are we talking about new testimony on any topic?
Bird: New testimony on the issue of the sewer. We've hashed over the traffic,
the other stuff, but when you get into the issue of the new sewer, it impacts the
developer because if what I understand will be 24, 25 feet deep, and if we go this
other way with our sewer line so it's going to have to - it's going to impact the lift
station. That is the only new stuff that would be bringing forward. That's what I
intended in the motion.
Rossman: Mr. Mayor, so for clarification, a new issue is what?
Bird: Is the impact of the possible addition of 300 to 400 new homes onto this
sewer line. The impact of the sewer and the lift station. That's it.
deWeerd: Mr. Mayor.
Corrie: Mr. Attorney, this might be a preliminary plat problem as well, rather than
annexation. Should we have Item 4 and 5 both included into that?
deWeerd: If you could just reference Gary's memo. Would that be most
appropriate?
Rossman: Yes. Gary did issue a memo. You could limit it to the issues raised in
Gary's memo and then ensure that the public hearing, that the memo is made a
part of the record.
Bird: That's the memo from March 6th.
McCandless: Mr. MayoL I have no objection to the motion, and I will vote for it.
We may have talked about the traffic problems, and they have been brought out,
but they haven't had us - I'm still very, very concerned about them. Whether we
talk about them in the public hearing or not. That will influence my vote on the
annexation and everything else.
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Meridian City Council Meeting
March 7, 2000
Page 15
(
Bird: That's your purrogative. Is everybody clear?
Rossman: Mr. Mayor, if I could summarize --
*** End of Tape 1 ***
-- continue to April 4, 2000, for a re-opening of a public hearing on both Items 4
and 5 for new testimony regarding the issues raised within Gary Smith's
memorandum dated March 6, 2000. I think that would cover it.
Bird: That's my motion, Mayor.
deWeerd: Second.
Corrie: All right. Any further discussion? Hearing none, then all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. April 4th we will have the public hearing for that new testimony
only from the memo that was brought out by Mr. Smith on the 6th of March.
Item 6.
Continued Public Hearing from February 1, 2000: Amendment
of Fireworks Ordinance and adoption of new fees:
Corrie: That will move us down to Item No.6, the continued public hearing from
February 1, 2000,the amendment of Fireworks Ordinance and adoption of new
fees. At this time, I will continue the public hearing and invite staff comments
first. Chief.
Bowers: Mayor Corrie and City Council members, Bill Nichols and myself have
only been able to meet one time and go through the testimony that was put
before you on the new fireworks ordinance. We put a draft together. Possibly
this afternoon. I have not seen it yet at this time. We would like to continue this
on the 21 st if possible.
Corrie: All right. Thank you. We'll consider that. Since this is still a public
hearing, is there anybody in the audience that would like to issue testimony on
this continued public hearing at this time with the idea that we will probably table
it until the 21st again, you know, have another shot at it. Okay.
Anderson: Mr. Mayor. Seeing no one came forward, I would make motion that
we close the public hearing. Continue it. Sorry.
Bird: Second.
Meridian City Council Meeting
March 7, 2000
Page 16
Corrie: Motion by Mr. Anderson, seconded by Mr. Bird to continue the public
hearing on the amendment of the fireworks ordinance until March the 21st. Any
other comments? All those in favor say aye.
MOTION CARRIED: ALL AYES
Item 7.
Continued Public Hearing from February 15, 2000: AZ 00-003
Request for annexation and zoning of 3.68 acres to R-4 for
proposed Pintail Pointe Subdivision by Jeff Manship - south side
of Cherry Lane, east of Black Cat Road:
Corrie: Item No. 7 is a continued public hearing from February 15, 2000, request
for annexation and zoning of 3.68 acres to an R-4 for proposed Pintail Pointe
Subdivision by Jeff Manship, south side of Cherry Lane, east of Black Cat Road.
At this time I'll invite staff to start the comments.
Hawkins-Clark: Yes, Mayor and members of the Council, again, just to reiterate,
this is the site here on the screen. Cherry Lane, Black Cat Road. Here to the
west is 3.68 acres. There is a proposed English Gardens which is already an
approved subdivision. Phase I here, north of the Ten Mile which runs this way.
There has been some discussion between the developer, Jeff Manship, and the
developer of English Gardens regarding a couple of the outstanding issues on -
here is a site photo. Here is the plat which is the next item. English Gardens,
again, is here. There was some discussion and concern about this plat more or
less being a continuation of English Gardens since the only way to exit the
subdivision is through this stub street here on the south end. It does not take
direct access onto Cherry. So the English Gardens is here. There has been an
agreement that they will share in terms of Homeowners Association, they will
share responsibility in terms of maintenance of this landscaped lot on Cherry,
and in terms of the pressurized irrigation, that will also be a shared agreement
between the two subdivisions. So I think we just requested all staff comments be
incorporated, and the Planning and Zoning recommendations be incorporated in
your motion. Thanks.
Corrie: Thank you. Anyone from the public that would like to issue testimony on
the proposed annexation and zoning? Okay. Hearing none, Council?
Anderson: Mr. Mayor. I would make a motion that we close the public hearing.
Bird: Second.
Corrie: Motion is made and seconded to close the public hearing on Item NO.7.
Any further discussion?
deWeerd: Mr. Mayor. Does Mr. Manship have any further comment?
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Meridian City Council Meeting
March 7,2000
Page 17
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Corrie: Get a second crack at it, I guess.
Manship: Just to go over what Brad said, we did last Thursday, on my birthday,
got together and had a discussion. Everything was approved and no problems
came up. I think a letter was given to Brad on the Development Agreement. I
have nothing further.
Corrie: Thank you. Any other discussion?
deWeerd: Mr. Mayor, that letter is a part of public letter now, correct?
Corrie: This letter is a part of public record now? So it can be put as part of the
conditions?
Rossman: If it's been submitted through the Clerk, then it's part of the record.
deWeerd: Okay.
Corrie: Has it been submitted?
Bird: Yes.
Corrie: Oh. There it is. Okay. Yes. To answer your question, that is yes.
deWeerd: Okay. Thank you.
Corrie: Any other discussion? Hearing none, all in favor of closing the public
hearing, say aye.
MOTION CARRIED: ALL AYES
Corrie: Public hearing is closed. Council comment?
Bird: I have none.
deWeerd: I have none.
Corrie: Then you have - entertain a motion to accept the recommendations of
the Planning and Zoning for the Findings of Facts and Conclusions of Law.
Bird: Mr. Mayor. I move that we have the attorney draw up the Findings of Facts
and Conclusions of Law, Decision of Order in favor of the request of annexation
and zoning of 3.68 acres to R-4 for proposed Pintail Pointe Subdivision by Jeff
Manship, south of Cherry Lane and east of Black Cat Road and to include the
letters and decision of the Planning and Zoning.
deWeerd: Second.
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Meridian City Council Meeting ,
March 7,2000
Page 18
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(
Corrie: Motion made by Mr. Bird and seconded by Mrs. deWeerd to approve the
Findings of Facts and Conclusions of Law, recommendations of the Planning and
Zoning and have the attorney to draw up the appropriate ordinance for the
development. Any further discussion? Hearing none, roll-call vote, Mr. Berg.
RoIl-calI: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 8.
Continued Public Hearing from February 15, 2000: PP 00-001
Request for preliminary plat for 11 lots on 3.68 acres in proposed
R-4 zone for proposed Pintail Pointe Subdivision by Jeff
Manship - south side of Cherry Lane, east of Black Cat Road:
Corrie: Item No.8 is a continued public hearing from February 15, 2000, request
for preliminary plat for 11 lots on 3.68 acres in proposed R-4 zone for proposed
Pintail Pointe Subdivision by Jeff Manship, south side of Cherry Lane and east of
Black Cat Road. At this time, I'll continue the public hearing and have staff
comments.
Hawkins-Clark: I just ask that we incorporate all testimony from the previous
item.
Corrie: Is there anyone from the audience that would like to issue testimony on
Item No.8?
deWeerd: Mr. Unger?
Unger: Mr. Mayor and Council members, my name is Bob Unger with Pinnacle
Engineers. We represent the developer of English Gardens. I just want to make
sure that the letter of March 3rd, reviewing our understanding on the - between
the two developers that those are added into the conditions of approval on this
plat. That's all we would ask. Thank you.
Corrie: Mr. Clerk, if you'll add those in, please. Anyone else from the public that
would like to issue testimony at this point?
deWeerd: Mr. Mayor. I move that we close the public hearing.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
March 712000
Page 19
Corrie: Motion is carried. Public hearing is closed. Further comments?
Bird: I have none.
Corrie: Okay. I'll entertain a motion on the request for preliminary plat.
deWeerd: Mr. Mayor. I move that we approve the request for preliminary plat for
11 lots on 3.68 acres for Pintail Pointe Subdivision by Jeff Manship and ask that
the attorney draw up Findings of Facts and Conclusions of Law and Decision of
Order and to include all staff comments and the letter of March 3rd and P & Z
recommendations.
Bird: Tammy, is it for R-4?
deWeerd: Uh-huh.
Anderson: I'll second that.
Corrie: Motion is made and seconded, and it is an R-4, yes. Any further
discussion? Hearing none, roll-call vote, Mr. Berg.
Roil-cali: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 9.
Continued Public Hearing from February 15, 2000: CUP 00-005
Request for Conditional Use Permit for Papa John's Pizza in an L-
a zone - take-out, delivery and eating establishment by Cole
Associates Architects - 1580 4th Street, Suite 103:
Corrie: Item No. 9 is a continued public hearing from February 15, 2000, it's a
CUP, request for conditional use permit for Papa John's Pizza in an L-O zone,
take-out, delivery and eating establishment by Cole Associates Architects, 1580
4th Street, Suite 103. At this time I'll continue the public hearing. Staff,
comments.
Hawkins-Clark: Mayor, members of the Council, it's my understanding that the
applicant is to request withdrawal of the application. I do not have in our
department files that request yet. I would ask the City Clerk if they've received it.
If not, I guess it's - unless if the applicant is here and something has changed, I'd
ask that it be continued until we receive a letter of withdrawal.
Berg: Mr. Mayor, members of the Council, I have not received any other
correspondence other than the recommendations from the P & z.
Meridian City Council Meeting
March 7,2000
Page 20
Corrie: Thank you. Okay. Continued public hearing, is the representative from
Papa John's here? I guess we don't know for sure, then, do we? We can
continue the public hearing, I guess, if the Council so desires.
Bird: Mr. Mayor. I move that we continue the public hearing for Papa John's
Pizza in an L-O zone, take-out, delivery and eating establishment by Cole
Associates Architects until March 21 st.
Corrie: Okay. Do I hear a second?
deWeerd: Second.
Corrie: Okay. Motion is made and seconded to continue the public hearing until
March 21st on Papa John's Pizza. Any further discussion?
Anderson: Mr. Mayor, I guess I have a question on legal counsel. Is there
anything else we can do with this besides just continue the public hearing? I
think everybody is pretty clear that the intent is that this person doesn't want this
anymore, but if they don't come back, are we going to just keep continuing this,
or is there a tabling that we can do and if they want to re-introduce it?
Rossman: At any point you can choose to open the public hearing. If no one
testifies, you can close it and do with it as you choose. I think a continuance at
this point to give them an additional opportunity to come forward with
recommendations would be appropriate.
Anderson: This is the second one that -
Rossman: You're certainly free to do it at this point, too.
Corrie: That's right. If you want to close it, then you can direct the attorney to
draw Findings of Facts and Conclusions of Law with the denial and then certainly
(inaudible)
Bird: I will withdraw my motion if the second will withdraw. I'll make another one.
deWeerd: I sure will.
Corrie: Motion's been withdrawn.
Bird: Mr. Mayor, I move that we close the public hearing regarding Papa John's
Pizza.
Anderson: Second.
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Meridian City Council Meeting
March 7, 2000
Page 21
(- -
Corrie: Motion made and seconded to close the public hearing on Item No.9.
All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Bird: Mr. Mayor, I move that we have the attorney draw up Findings of Facts and
Conclusions of Law on the request for conditional use permit for Papa JohnJs
Pizza in an L-O zone, take-out, delivery and eating establishment by Cole
Associates Architects with denial.
Anderson: Second.
Corrie: Okay. Motion's made and seconded to have the attorney draw up the
Findings of Facts and Conclusions of Law with the recommendation of denial on
the Papa John's Pizza. Any further discussion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: ALL AYES
Item 10.
Continued Public Hearing from February 15, 2000: AZ 00-002
Request for annexation and zoning of 5.029 acres to L-O and R-8
by Centers Construction, Inc. - west side of Locust Grove 'X mile
north of Fairview:
Item 11.
Public Hearing: CUP 00-009 Request for conditional use permit
for proposed office building and townhouses in an L-O and R-8
zone of 5 acres by Centers Construction - west side of Locust
Grove Y4 mile north of Fairview Avenue:
Item 12.
Public Hearing: PP 00-002 Request for preliminary plat for
proposed Wesley Subdivision for 32 townhouse lots and one
office lot of 5.029 acres by Centers Construction - west side of
Locust Grove 'X mile north of Fairview Avenue:
Corrie: Item No. 1 0 is a continued public hearing from February 15, 2000, a
request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers
Construction, Inc., west side of Locust Grove 'X mile north of Fairview. At this
time I'll continue the public hearing and invite staff comments.
deWeerd: Mr. Mayor, can we deal with all three of these at the same time?
Corrie: If you want to, you can. As long as you vote.
Bird: we can vote separately, can't we?
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Meridian City Council Meeting -
March 7,2000
Page 22
Corrie: Do you want to open up - one is a continued public hearing and the
others are regular public hearings. So we can do that if you so desire all at one
time. All right. Then I'll - we've got a continued public hearing and public
hearings on Item No. 11 which is a request for a conditional use permit for
proposed office building and townhouse and the same construction company and
the same zone and also No. 12, request for preliminary plat for proposed - no.
I'm sorry. 10, 11 and 12. Is that the same one? Okay. And Wesley Subdivision
for 32 townhouse lots and one office lot of 5.029 acreage by Centers
Construction. So I'll open the public hearing and we'll also open the continued
public hearing and staff will make comments for all three.
Hawkins-Clark: Mayor, members of the Council, again, here is the subject site
and parcel. Chief Joseph School being situated up here. Locust Grove Road,
the proposed other item tonight, the Walgreen's down here. Here is a photo of
the site as it currently sits. Here is a proposed - the conditional use permit with
some landscaping. This does not reflect the Planning and Zoning's
recommendation for two lots to be no longer townhouse lots but to be converted
to open space. Just be aware of that. Elevation of the proposed L-Q parcel
which actually fronts on Locust Grove. The office building, again, another
perspective of it. Then here is the plat itself. I would - the recommendations
from the Planning and Zoning Commission, there is one item that to my
understanding has not been resolved, and there was a recommendation that a
pedestrian pathway be constructed here to the south. It would more or less be a
stub easement which would then be continued through the property owner which
resides in the Doris Subdivision here. The location of that pedestrian pathway,
the purpose being to allow children access to walk to Chief Joseph up here.
There's also, the developer's agreed to construct a pedestrian pathway to
connect these two cul-de-sacs on the west end of the project. So that would give
continued pedestrian access; however, staff feel that unless the property owner
to the south is willing to dedicate a permanent pedestrian easement, the purpose
of this easement is nullified, and there would be really no purpose in it. There is
some discussion about relocating this pedestrian pathway which I think I'd like to
leave it up to the applicant to present in terms of where they're at on that.
Mainly, our position in staff would be that unless a permanent pedestrian
easement is granted to the south to give access - depending on what happens
with this subdivision down here; that's the big question. If you just have a
gentlemen's agreement to allow children to access and put a gate, should this
redevelop in the future into some other use where other property owners don't
want the pedestrian access, the point of the this path is moot. So I'll leave it at
that.
Corrie: Okay. Since we're taking in Items 10, 11 and 12, I'd invite the public
testimony. Anybody that would like to testify on Items 10, 11 and 12? Yes, sir.
Canning: Yes, Mayor, members of the Council, my name's Joe Canning
employed by B & A Engineers in Boise. My address is 5505 West Franklin. I'm
i
Meridian City Council Meeting
March 71 2000
Page 23
here tonight with the applicant regarding this project. It might be helpful just to
give a few specifics. But before I do, I do have some handouts I'd like to present.
Just to cover this briefly, it's just a compilation of several items I think are
pertinent to the project. The cover sheet I think is quite important. There are
some renderings there of the proposed townhouses that we're looking at
constructing within this project. The next sheet is a floor plan of the proposed
townhouses. The next sheet after that's the original site plan that was submitted
to the City. The next sheet is a floor plan of the proposed office in the front
portion of the project. There were some elevation views that are up on the
projector a few minutes ago of the office. The next couple are some possibilities
for signage, and the loose pages in the back, number 1 is a revised site plan
based upon some of the discussions that occurred at the Planning and Zoning
Commission. We have included a copy of the Ada County Highway District
approval regarding this project, and then there is a - the last item is a letter
regarding a pedestrian pathway on the west side of the project connecting the
two cul-de-sacs is included in the handout. This entire project is five acres.
Actually, it's 4.8 acres if you exclude the Locust Grove right-of-way. We are
proposing two particular uses in this project. The front - approximately one acre,
nine-tenths of an acre, for a limited office zoning with the office that's shown on
the site plan. Originally there were 32 single-family townhouses on about 3.9 or
4 acres. There were originally three common-area lots proposed with the
development. This is an in-fill site. It's entirely surrounded by development.
Subdivisions to the north and to the west and an older Ada County subdivision to
the south. To the east, of course, is a development, and then to the southeast is
a storage facilities, mini-storage and Fred Meyers site. All these adjoining
properties are zoned R-8, in particular, to the northwest and the south. Across
Locust Grove there is a parcel that's R-4, and then, of course, to the southeast
Fred Meyer and the mini-storage is commercial zone. The dimensions of this
site make it a little bit difficult to work with. It's approximately 240 feet in our
south dimension, and 980 in east-west dimension. There were no stubs provided
to this particular property regarding a transportation network. Its only access is
to Locust Grove Road and this is essentially what we have left after
development. It's an undeveloped parcel that's completely surrounded by
existing developments. We are proposing the office building toward the front of
the project right next to Locust Grove essentially as a buffer (inaudible) proposed
townhouse development (inaudible) west park the project. Also, I'd like to direct
your attention to those renderings again on the cover sheet. I think it's very
important to point out that we are proposing single-story structures in this project.
There will be no two-story buildings. We feel that's quite important as an asset to
the area. The Jackson stub drain runs north of this project. Actually, it's
adjacent to the north property line through the Gem Park Subdivision. I just
mention that because it is a Nampa Meridian facility, drainage facility. There is
an existing 50-foot easement in the Gem Park Subdivision that is adjoining this
site. Of course, all homes placed in that Gem Park development must be at least
50 feet from our north property line because of that easement. We have
proposed several open areas with this project, essentially in the extreme
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Meridian City Council Meeting
March 7,2000
Page 24
northwest corner. On the entry road as it comes in from Locust Grove, there is a
triangular area there that we're proposing for an open area. The applicant is
proposing to entirely fence this property with 6-foot vinyl, and, of course, also
contained in the handout was the ACHD approval letter. I think it's appropriate to
spend just a moment on how that entry location was chosen. Actually, it was the
Highway District's recommendation to place it there. There are existing driveway
and road approaches up and down Locust Grove, and in particular on the east
side of the road. They're interested in getting as much separation as they could
from roadways on the east side of Locust Grove to the entry into this particular
project. So their recommendation, of course, was to slide that entry road clear
up against our south boundary where it could function as two things, actually.
Number one as an access to this particular property, but also provide access in
the future to a portion of Doris Subdivision should that redevelop. So there is
some potential for joint access through there. Regarding the staff report for this,
I'll just touch on this briefly. I will certainly concur with the report with a few minor
exceptions. I think there will be a gentleman speaking in a moment regarding
specifics of that report. I just wanted to touch on a couple of things. Number
one, we have, since the original concept was submitted, proposed or included, a
public pedestrian bicycle pathway on the west end of the project. You'll see that
in the handout that I provided in one of the last sheets. It's in yellow in that
particular handout. Open areas, of course, are shown in green on that same
handout. That is a revised site plan. There is a slight difference in that. We
have taken one lot out on the north side. That did increase the amount of open
space in the project. The Planning and Zoning's recommendation was for
approval for this project. We obviously request that the City Council also
approve this project. It did include some specific items which I just wanted to
point out that had been included in that small revised site plan (inaudible). One
request was to take the lots on the north side of the project, shift them five feet to
the east, basically encroach slightly into the L-Q building area. We originally had
a 25-foot setback from the back of that L-Q or the office building to the property
line. So we just shifted that five feet to the east to provide more open space on
the west end up there on the north side. That was one request that they had
made. Another request was to construct the entry road, particularly the south
side of the entry road, with sidewalk. We showed a small - right there - small
area of landscaping. The request was to delete that landscaping, extend the
sidewalk entirely along that south side out Locust Grove. We certainly would
intend to do that. There is no issue with that. There was a neighbor that was
concerned to the south about an irrigation facility, a well, a shallow well, for
irrigation water that was in the open area just off Locust Grove. It was going to
be right in this area. We were going to - the suggestion was to relocate that to
the north side of the road which we certainly can do. That's no problem. The
original request from P & Z was to reduce the amount of lots in this development
by two, and the intent of that, at least we believe, of course, was to increase the
amount of open space in the project. The site plan submitted with the packet I
just gave you actually reduces the layout by one. Also, of course, increase the
open area. We would request that be approved. Regarding that open area, with
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Meridian City Council Meeting
March 7,2000
Page 25
(
that revised site plan on that land-use table on the bottom of that handout that
just making those minor adjustments (inaudible) recommend by Planning and
Zoning Commission actually increased out percent of common area to 1.4
percent if you exclude the right-af-way for Locust Grove Road, or, of course, 10.8
percent if you include the right-af-way if you include the right-of-way on Locust
Grove. I wanted to give you both of those numbers. Once again, we are
proposing to provide this pedestrian pathway to the west. We feel that's an asset
to the neighborhood. The gentleman that was just west of us that signed that
letter has been a pleasure to work with, and he's willing to provide an easement
for that to be permanent. Regarding the pedestrian pathway to the south as staff
had pointed out a few minutes ago, we can certainly incorporate that into the
project. We didn't include it on that revised site plan that you have before you
because we were still uncertain as to whether it will occur or not. It depends on
the gentleman to the south of whether that goes in or not. We certainly can
incorporate that. I think with that, I'll probably end my comments. I wanted to
give basically an overview of the site, some of the surroundings, et cetera. We
are requesting this as a PUD, and I guess with that, I'd open it up for questions
unless Mr. Spink would like to address right now.
Corrie: Mr. Anderson.
Anderson: I had one question. Refresh my memory. Why is it, it we have a cul-
de-sac right on the other side of this one, why are we not connecting those two
streets?
Canning: Well, there is no right-of-way to the west to connect the streets.
Currently, there are two lots there that have I think 30 feet of separation between
our west property line and where the cul-de-sac is. So there is an area there
that's not owned as right-at-way. It's not public right-at-way. Same thing to the
north in Gem Park.
Anderson: Both streets will be named the same street name, just have to know
which - what the last number is on each street?
Canning: That's what we're proposing, yes.
Corrie: Any other comments? Questions? Thank you.
Can~ing: Thank you.
Spink: Mayor, Council, my name is Mike Spink. I reside at 101 South Capitol
Boulevard in Boise. As you can tell from Mr. Canning's comments, there's really
very little disagreement with the staff recommendation to the City Council. We
have prepared a red line copy that incorporates some of the changes that have
already been discussed both by staff and by Mr. Canning it I may distribute
these. I really have very few comments to add except as you look at the
recommendations, one thing that we would like to point out that yau can see trom
Meridian City Council Meeting
March 7,2000
Page 26
the elevations that are contained in the handout that Mr. Canning gave to you is
that these homes have been designed all as single-story (inaudible) some
interest in the elevation, but basically single-story homes with the intent to make
this infill project which is a fairly difficult five-acre parcel to fill more compatible
with, a little more acceptable to the neighboring properties. With respect to
recommendation 1.2, we would not that what the applicant is asking for is one
deletion of a lot as Mr. Canning indicated which would change the wording on the
ten percent open space requirement. With respect to paragraph 1.3, the
language as originally drafted on bonus density would indicate that the necessary
amenities wasn't required, but with the addition of the bike path and to the west,
the necessary amenity and the extra open space, both of those would help
qualify that for the bonus density. I've changed the language accordingly. In
paragraph 1.6, the language is somewhat confusing, and I would simply note that
the road alignment as you get to Locust Grove and the sidewalk alignment is as
recommended by ACHD. With respect to the proposed pedestrian easement to
the south, the applicant is requesting that it not be required at this time as part of
the approval since we have not been able to negotiate or obtain an easement
from the neighbor to the south as staff suggested in staff comments. Final two
comments are in paragraphs 1.17 and 1.18. Storage areas and maintenance; I
should point out that this was a fairly small project, and in terms of storage areas
for RVs and that type of thing, the CC and R's for the subdivision will require that
storage be off-site, and keeping in mind that immediately across Locust Grove
from this site is a storage facility. People would be able to store there. But
they're not going to be given the ability under the CC and R's to store vehicles on
their property or boats and that type of thing. Finally, with respect to the
maintenance area, it's also under the CC and R's, the intent of the developer to
have the Homeowners Association hire professional lawn care maintenance so
that storage sheds and separate facilities on site wouldn't necessarily be
required. The maintenance company would typically bring their lawnmowers and
whatever equipment they needed in trailers as they did the work, and that would
be it. So other than questions, those are the only brief comments that we have
with respect to the staff recommendations.
Bird: Mr. Mayor. Mr. Spink, has our staff had a chance to look at these, or did
they just get out?
Spink: No. I did these late this afternoon, but Mr. Rossman hasn't seen them,
staff hasn't seen them. We're not proposing them as final because at the time
that I drafted these, I wasn't aware that the applicant was requesting a reduction
of one lot rather than two.
Bird: I like the idea, the way that you did these. I do like that.
Spink: Thank you.
Meridian City Council Meeting
March 7,2000
Page 27
Corrie: Any other comments or questions? Okay. Anyone else that would like to
issue testimony?
Mortenson: My name is Tina Mortenson, and I live at 2092 North Sapphire
Place. We are located on the north side of where these townhouses are located.
We will have five townhouses butted up against the back of our fence. My
concern being is our property sets approximately three-and-a-half feet higher
than what the property is where they want to build the townhouses. If they put a
six-foot fence along that property line, I'm going to be able to sit in my backyard
and view what these people are doing in their homes. I'll be able to look in their
back windows. That's the concern of mine. Also, I have a question regarding
from where the property line is to where the back of the house is, it's my
understanding that there's 11 feet. Isn't it supposed to be 15 feet, the distance?
I don't know what that is for sure. Can somebody help me there?
Hawkins-Smith: Yes. That's true. The type of project that they're doing is
planning and development, so they can request reductions in those kinds of
instances if they provide other open space.
Mortenson: Okay. I just wanted to bring that to your guys' attention, because
that's a concern. That puts them even closer to me now. Okay?
Corrie: Thank you. Anyone else that would like to issue testimony?
Powell: I'm Julie Powell, ( live at 2089 North Sapphire. I live next door to Tina.
We'll have three new neighbors against our back fence. I'm a little confused on
the issue of what our subdivision's going to be called now. This seems to be the
third name change, and we still don't see good proposals to us. (would prefer to
see it go L-O and R-4, put bigger lots in there so we don't have as many
neighbors. It sounds like we're going to get new neighbors no matter what which
is no big deal, but first they presented that it was going to be professional people
or retirement. Retirement sounds more reasonable if you're going to have
somebody that close and that many neighbors. At one point they had also said
something about the traffic issues. I know that's been brought up. If we're going
to have this many neighbors times two cars, probably, for the place, we already
have X-amount of wrecks on Fairview in front of Fred Meyer as it is. So this is
going to cause more traffic problems. I'm not as concerned on Locust Grove
itself, but on Fairview.
Weaver: Good evening. My name's Bill Weaver. (live at Sapphire also; 2137.
I've voiced my concern about this project last week. Again, my concern is while
indeed the property surrounding this is all zoned R-8, it has the density of R-4.
We've seen the plat. I wish we had the two together so you could see how badly
those townhouses look when they're stuffed into that small area. (think it's just
too many homes in a small area. According to ACHD, you're talking about an
additional 400 cars coming out of one entry coming onto Locust Grove. Also,
(
Meridian City Council Meeting
March 7, 2000
Page 28
we've got the new store going in on the corner of Fairview and Locust Grove,
Waf-Mart additional traffic. The traffic in that area is going to be horrendous,
quote, unquote, because the plan is to widen Locust Grove. We know how that
works, folks. I mean, you know, next year, next year turning into two years down
the road, three years down the road. We have an additional 1500 cars on that
road. You have trouble getting in and out of there early in the morning as it is
now let alone adding an additional 400 cars on there. (inaudible) said we would
really like to see it zoned R-4. I would prefer to see the L-Q dropped, but I'll work
with the (inaudible) and say, okay, put your building in, but let's make sure we do
have professionals in there. Make sure that it fits with the community that exists
now. I mean, there are other concerns we have. Water pressure is one thing. In
the summer time, we don't have any. Okay? Now we're putting in 32 more
homes? What's going to happen to our water pressure? So there's a lot of
concerns with this. My big concern is with the L-O, he can't get the doctors, he
can't get the eye doctors, he's going to ask for a special to come in and have his
conditional use permit dropped or even ask to have a conditional use permit to
have a bar put in there. That's not something that we need in that area. I
appreciate your time. Thank you.
Corrie: Anyone else?
Powell: Wes Powell, 2089 North Sapphire Place. I'm agreeing on the density.
I'd like to see if it's going to be an R-8, I want the same density as the existing
area. The houses are already on - quite a few of them are on quarter-acre lots.
We're going to have three new neighbors. It's kind of - it's hard enough to get
along with some neighbors let along you're having three more that you're unsure
about. I know concerns of neighbors as it is now, they're talking about already
selling if it's townhouses. The ones that you do like are talking about moving. I'd
rather see houses can go in like a new subdivision, not townhouses. The white
vinyl fence, that's nice and dandy, because we're the ones that have the white
vinyl fence. So if that's the case, I want - they can either, they're not adding on
my fence. They're going to have to build in front or by mine. I bought it because
we wanted to make it nice. But I'm not making it nice for three more people or
six more neighbors or whatever. The density of the houses being lowered to 11
feet rather than 15, I disagree on that one. I hope that they can keep it at 15 and
not try to cram us even tighter, but that's my feelings. Thank you.
Corrie: Thank you.
Jones: Good evening. You guys are doing great. This is a nice long evening.
My name is Jay Jones, and I live at 1426 North Carol. I am the person you
talked about on the south of this property in regards to the pedestrian pathway
and the easement through there. What I'd like to say, I have met with the
neighbors in my subdivision, that's the Doris Subdivision, and they had a real
concern that they have is access for the children to get to school. (inaudible) get
to school, there were some concessions made on my part. I have worked with
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Meridian City Council Meeting
March 7, 2000
Page 29
the developer's son, and (inaudible) in just a minute. I like the fact that they're
proposing 124,000'5 what they mentioned in their paperwork with nice reviews of
these townhomes. I like the fact that it would be more of a (inaudible) group, if
you would, rather than a first-time homebuyer that would come into this particular
subdivision. That should help our property values maintain as well as I like the
single-story. From my house you'll see (inaudible) we do have openness in our
subdivision. Most of our lots are on - lawn the two lots, the small lots on the
north end of the Carol Circle. I have (inaudible) yes. Those two. I have a house
on the right one right now. My intent now (inaudible) my parents will buy that
from me, and I will build on the neighboring lot. It's a vacant lot at this time, and
in order to do so, I'd like to maintain openness between those properties where
the developer's proposed to have a bike path come through. I have agreed that
if we can line up on the west end of the lot I haven't built on, that we can create
some kind of an easement through there. At this point, the developer - it doesn't
fit in his plans for a lot line currently about 14 feet - 145 to 164 (inaudible).
Anyway, we're a little ways away on that. Here's the reasons I'm concerned
about having that easement come between the two properties. Pictures of my
backyard. Also a picture here of the front of the property looking down (inaudible
- away from mic) Originally I talked to the developer about this project. He liked
the idea of having a way for the kids to get to school which did the people in our
subdivision. Also, within this proposal I think you have comments from P & Z that
there's potential that he can allow stub line for sewer for these two properties.
So this would serve as a joint purpose where I could apply later for sewer
connection through this easement, that ten-foot easement that could go through
his side of the property. But because of how it would effect, as you can see in
front of you there, it would take out part of that (inaudible) retaining wall in front of
my property, it would go down right between the telephone poles as well as
there's a tree there in the backyard that you can see it would take out as well. I
would like to remove the fence there, combine the two properties (inaudible)
would adjoin my folks' .place and my place -
*** End of Side 2 ***
(inaudible) to Mr. Centers' property and on into where the easement is going to
go on the west end of his property where the kids walk to school. I would like to
have something in effect that maybe there is an easement that they can get to
and from school during those hours that require you to get to and from school. I
would really not like to have that as an easement where people can get through
the back of my property in the middle of the night or any other time. There could
be some kind of a chain fence there that could be closed on the off-times that
they wouldn't need access to the school. Any questions?
Corrie: Council?
Jones: Thank you.
~
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Meridian City Council Meeting
March 7,2000
Page 30
deWeerd: Mra Mayor. I guess I'd have a question for staff. If that was not a
permanent easement and that is county property, how does that all work? It
can't, can it?
Hawkins-Clark: Can you please clarify?
deWeerd: The fact that the property owner wanting to give permanent easement
to that and we're annexing, so we'd be creating a city pathway into a non-
permanent county use of property. We would have any enforcement or
continuity that - how would that work? How would the agreement even work?
Hawkins-Clark: Commissioner deWeerd, it would more or less be a plat issue.
You're correcta It is technically Ada County jurisdiction, so any calls for children,
graffiti on there or leaving trash or whatever, I guess technically it is outside our
jurisdiction. Our thinking is long-term. It's more or less an infill section there. At
some point it's going to become City. At either rate, the County or us, you've got
an issue of just providing accessibility and really no way to enforce the purpose
of the easement which is permanent accessibility. At any point, whether this
property owner chooses to move or something happens, the next one comes in,
maybe they're not so kind. So you've got that question.
deWeerd: Even if we were to put a condition that that pathway existed and the
developer would have to maybe move Lot 34 and do some adjustments so they
can go along his property line unless the property owner's willing to grant the
easement, we still couldn't really do it in a temporary manner, could we? And we
couldn't close it off since it'd be public at certain hours.
Hawkins-Clark: That's correct. That's my understanding.
deWeerd: Okay.
Corrie: Okay.
Tron: I'm Corliss Tron, and I live at 2153 North Sapphire Place, and besides
(inaudible) mentioned, I have one particular concern about the value of the
neighborhood homes and that conditions be put on this property so that we will
not - the value, the units that are built look like the (inaudible) of the homes in the
neighborhood and approximate square footage and double or triple garages.
Colter: I'm Kathleen Colter. I live at 2085 North Amethyst Place. I live to the
north, the first cul-de-sac in, and lawn property that abuts this. I, too, will be
looking at new neighbors 11 feet away from my fence line. I can sit on my deck
or I can look at them. My property is 3 % feet higher than the property that's
going to be developed. I can also look into the new neighbors' houses. That
kind of concerns me. I'm concerned about the density. If you go back to the
other slide that - no. that shows a roof (inaudible) subdivision. True, our
(
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Meridian City Council Meeting
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(
subdivision is zoned R-8 but it is not developed R-8. If you take a look at even
the first cul-de-sac in, flip those houses - there's 11 in there and (inaudible) feels
that one space that you're trying to develop. So we can see that there are 11
houses in the first cul-de-sac right there, I think there are about 11. If you kind of
flip it, it almost covers that lot. So you can kind of see that if you put in 32
houses plus an office building, it's going to be almost two-far-one. I think it's too
dense. I'd like to see it filled because I don't like looking at weeds, but I'd like to
see it (inaudible) less. Less people coming out onto Locust Grove because as it
is now, I go to work at 7:00 in the morning just to avoid the 8:00 traffic onto
Locust Grove turning left onto Fairview.
Corrie: Thank you. Anyone else?
Brian: I just have a question. Are we - my name is Don Brian. I reside at 2070
North Locust Grove Road which is just directly east of the development. I have a
question of whether we - are we addressing the annexation or the CUP? All at
once? We can talk about the conditional use without getting yelled at? Okay. I
have a few questions with the CUP and the office building that's going out front
on what would be the traffic alignment on the proposed subdivision going in that
road that goes full length. As we're coming out, those headlights would be
directly in front of my living room window, and I was wondering if we could put
some kind of a berm or a dumpster enclosure or a fencing or trees or something
that deflects that lighting down that long street from the cul-de-sac. Right along
side of that office building it shines right into my property. Pressurized irrigation?
Does this property have pressurized irrigation? Does anybody know? Are they
required to have it and if they do have it, and if they do make the improvements
to require it, is it coming off of my feed? I don't know where the feed is for that
property on the irrigation, but I don't want to be responsible for turning on my
water and giving any problems across the street with 32 families that are running
water. I'm also concerned about hours of operation and how you define that in
your conditional use. You just have a list in the conditional use on what they can
and can't do and how that exactly works. As far as the subdivision itself goes, as
you're all aware, Ada County Highway District traffic report states that we're
dumping another 400 vehicle trips per day off the end of that lane right across the
street from my driveway. Everybody knows how bad traffic is now and it's going
to make it worse. That's just something to think about. As far as anything else,
that's probably all that I had.
Corrie: Don, how many lanes are out there in front of your house now? Lanes of
traffic -
Brian: There's two lanes and one turnlane going into Oakcrest. There should be
an additional turn lane with this project, I believe, on their side. Thank you.
Corrie: Anyone else? Okay. Hearing none, developer, you've got a list of
questions here if you were taking notes.
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Meridian City Council Meeting
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J
(
Canning: I was taking some notes, yes. Joe Canning, again. I'll probably make
some general statements; I think I'll cover most of the questions that were
addressed. Number one, I do want to point out again to the Council, and, as a
matter of fact, I do have the area slide up on the screen. There it is. I just want
to point out again that the size of those Gem Park lots are large, once again, right
in that area, because of that Jackson Drain easement. All the homes are set
back a considerable distance from that north property line. If you look to the
north up in these lots, those are considerably smaller, and their purpose, or the
reason for that, is because of that Jackson stub drain. I agree there are several
townhouses that are going to front on the back of those large lots on the ends of
those cul-de-sacs, but there's a lot of frontage. There's a lot of rearage, I guess,
on those particular lots right there at Gem Park. So I think that's important to
point out. We personally think that's a setback - an asset for both. Agreed,
we're getting darn close to that north property line, and we feel that somewhat of
an offset to that is those large backyards to the Gem Park development to the
north. It's quite important to point out. Once again, it's an infill project; this is
what we've got left. That gray area there is what we're looking at developing.
There were some possibilities or suggestions that perhaps in doing some single-
lot homes in there. The problem with that is essentially you're constructing a
public road along that extreme south boundary all the way back in the project.
Essentially you're creating double-frontage lots on Doris Subdivision to the south
and not to speak of the large infrastructure costs of installing that public road. It
just doesn't work. We're trying to do the best we can, at least in my opinion, with
the property we've got there. I think it's also important to point out, we really
went into this trying to think of the neighborhood, and perhaps they don't think so,
but we're not proposing apartments. We're proposing single-family homes
although they are townhouses. They are attached. And we feel it's an
appropriate use in this area; it is developing. There is commercial area out there,
and we hope that these pedestrian connections we're proposing will actually
encourage foot traffic and help reduce vehicle traffic a little bit. Obviously, the
connection on the west side's important even to this development for kids to get
out to the elementary school. Also, we're hoping to encourage traffic, foot-traffic,
through the project even from the neighbors from the west through the project
going to perhaps Fred Meyer and the commercial areas. Agreed, we have to go
down into probably Fairview to cross, but we still feel that this would help
encourage foot-traffic in the area. There was a question regarding water
pressure. I'd essentially refer that to the City Engineer; however, I do know that
there were some recording devices put on at least one of the homes in Gem Park
development after the original annexation meeting before the Planning and
Zoning Commission. Actually, it's a high pressurized zone. I think the recording
on the meter was anywhere from 90 to 100 psi. There's actually quite a high
pressure for water in this area. As I understand from talking to the staff, there
may be some partially corroded valving in the meter casing that may be causing
some of the problem. I'm just guessing. I'll direct that answer to Gary. I believe
he knows more about that than we do. Regarding uses within the L-Q zone, as
l
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Meridian City Council Meeting
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(
far as we're concerned, it's what's permitted in that L-Q zone. I don't believe
bars and other commercial establishments such as that are permitted in that L-O
zone. That would probably require a rezone. At the very least another
conditional use process to come through to do something for in there. We are
really looking. The idea is for professional office buildings to go in that area.
Regarding the pedestrian path to the south, we certainly entertain what we can
do there. The issue is what we can do. We know we can get the one to the west
side, and, of course, most happy with that one that is working out. But we're
certainly open to options on that path to the south. We do have an issue with
that extreme west property line of Mr. Jones' who spoke a little earlier. The
problem is the spacing with our lot sizes that are on our side. It just doesn't
work. Hands up it is his - property line is right in the middle of two of those units.
I guess the last thing that I'd point out, and maybe it's an odd number, but I think
it might be helpful. Even though we're looking at density as in dwelling units per
acre that is fairly high, we actually look at the structure in this facility. In my
opinion, it is somewhat comparable to the adjoining development other than
Doris. Doris Subdivision is a county sub; those are one-acre lots. But we just did
some quick counts of structures in the area, and if you except, and I have to
admit without excepted, if you take those rural lots out right there in Gem Park
and look at all these lots up in there, that's approximately six acres, and you'll
see that it is larger than our project, but not much. There's approximately six
acres up there, and in that area, the actual lot count works out to about four
buildings per acre, four lots per acre, also, but four buildings per acre, and if you
look at a similar count for our project, we're actually at about 3.6 buildings per
acre. Now, agreed, the lot density is considerably different, but that lot coverage,
we feel, is somewhat comparable. Now, we add garages and et cetera, looking
larger structures because there's two homes in one of those buildings, but that
footprint is a good-size area. I think it's an important thing to point out. It's
somewhat comparable, at least in my opinion, for an infill site. We're trying to
develop this property in a way we can afford to do it. I think with that, I'd be
happy to answer any questions.
Anderson: Mr. Mayor. Couple of the people testified about a difference In
elevation and looking down. Could you address that?
Canning: I'm not sure what to say. We're proposing single-story structures. I
guess most of the opposition you run into is when our development's higher.
That was part of the reason for that single-story to prevent two-story windows
looking back onto those lots. I guess most of the objections I hear is when
people from our proposed development looks onto adjoining neighbors rather
than neighbors looking into our project. Being lower, it's just going, to me, help
accent those roof lines rather than those windows. It will be lower. I'm not quite
sure what the issue there is.
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Meridian City Council Meeting
March 7, 2000
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(
Anderson: The issue was visibility, it sounds like to me, and if something could
be done to maybe fill, bring the grade up closer to where one side or the other
isn't looking down or up at the other one.
Canning: That could be done. As far as the people to the north, that's just going
to put more structure in their view. Most people don't like that, but - it's just
going to raise the roof line is all that's going to do. We're trying to keep it low.
deWeerd: Mr. Mayor. Would you be able to raise the backyard so where your
fence - where just the area where your fence line is rather than elevating the
structure?
Canning: Well, I think so, yes. Of course, there will be some fill placed in that
development just because of the compact size with that road going in. By the
time you essentially cut your roads out, you're going to generate some material,
and those will be placed on the property. We're not planning on hauling it off.
And it is a low area. You know, I'll admit. That Jackson stub drain went through
there for a reason. It was a low area. We'll be using whatever materials we can
generate to fill.
deWeerd: So you're not talking about bringing any fill in at this point?
Canning: We don't - not at this particular point in time. We'd projected our
grades for the infrastructure improvements. The issue was sewer. Sanitary
sewer is the issue on this particular site as you're extending from the west toward
Locust Grove which is where the sanitary sewer is available. It does get fairly
shallow, so when we originally projected grades on the project, it fit, but not with
a lot of extra cover. So when we first ran through it, it worked, but if it's just
elevated (inaudible) going to help. But that was the criteria to make sure the
sanitary sewer would get into the project.
deWeerd: One other question. The pathway you're been talking about with Mr.
Jones about, was your intent to develop that through to his south property line?
Canning: His north boundary - oh. You mean clear down to the south property
line? Actually, I'd probably have to have the applicant come up. The applicant
himself is the one who's had the discussions with Mr. Jones, and not myself. We
have -
deWeerd: That would be my first question, and then, I guess, any other
questions would be directed to Mr. Jones.
Centers: Lee Centers, 325 Meridian Street. What was your question?
Meridian City Council Meeting
March 7 I 2000
Page 35
deWeerd: My question was if you did get the pedestrian pathway on the south
side of your development, would you be developing that path on your side of the
development as well as on the other side?
Centers: No. The agreement I have with him is we'd bring it up to the property
line; we'll take it from there.
deWeerd: So he would have to make the improvements himself?
Centers: We never talked about that on his side. I just said I'd bring it up to his
side. We would create a common lot between two lots, run the sewer and a
pathway to that property line, and then he would take it from there. Now, going
to the cul-de-sac to Mr. Shin, going to the west, I plan to improve that all the way
to the asphalt.
deWeerd: I don't follow what you're saying.
Centers: Cul-de-sac, right there, to the west. I'll improve that all the way. Mr.
Shin, I've got to point out, he has no interest in this. He just cooperated and said
he'd do it. He said the kids come through there anyway. So we plan to fully
develop that.
deWeerd: And will you be fencing that?
Centers: Yes. Both sides. There was a limited amount of people that come
through Doris going to the west. That's very important. What I'm trying to do is
help out Mr. Jones a little and anybody else that wants to come and use it
coming from Doris. You're not going to have the kind of traffic going through
there like you would that west connection.
deWeerd: Unless you open it up and they're going to Walgreen's and anything
else once you do open that up. There could be increased traffic.
Centers: Yes. The opportunity is there if Mr. Jones can work it out.
deWeerd: Okay. Thank you.
Corrie: Do you have the private irrigation rights there? Are you using (inaudible)
city water for irrigation?
Centers: No, we are planning a pressurized system.
Corrie: Pressurized irrigation? Where are you getting the water?
Centers: Nampa Meridian delivery ditch comes in at the extreme, southeast
corner of the property.
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Meridian City Council Meeting
March 7,2000
Page 36
Corrie: On Locust Grove?
Centers: Correct. I guess that was one of the items I missed.
deWeerd: Mr. Mayor. I just have another question. If you were able to work with
Mr. Jones and get the westerly property line that he suggesting, I know that P &
Z had asked you to dedicate two lots to open space, and you've dedicated one
on the north. If you were to open up one on the south, you could do some lot
adjustments to accommodate that; could you not?
Centers: I agree, we could. We had actually done a quick sketch trying to utilize
that property line, and I'll be honest. It can be done. The issue that came up
was we were concerned about the amount of usable open space that was on the
west, so to speak, to make those adjustments work, we have to basically put a lot
line right on that west property line, and then by the time you swung over to the
west from there, it left an unusual shaped open space. It still counts as open
space, I presume, but that was the issue. Whether it's large enough to be
functional, I'm not sure.
deWeerd: If what piece was large enough to be functional?
Centers: If you look at the handout and the sketch, you'll see basically on the
south side that lot 22, just to the south of there, there's a little line that stubs
across. That's Mr. Jones' extreme northwest corner. So you can see, because
that comes right in the middle of the Lot 22, you have to basically take 21 and 22
and shift them over to the west. Then you might end up with a single unit with
20, but what it does is it leaves that 19 area as open, so to speak. It's slightly
larger than that; it's about one and-a-half lots, and whether that's a functional
area, I guess, is questionable. We looked at it and we didn't think it was.
deWeerd: Well, could you not broaden the area where your pathway is and
dedicate - and with the adjustment there?
Centers: Instead of ten feet, go wider?
deWeerd: Yes.
Centers: I presume we could. It's still (inaudible) -
deWeerd: Then you wouldn't have that awkward piece.
Centers: I still think it'll be there one way or the other. There is one other issue
that I think is somewhat important to point out that because of that Jackson stub
drain that runs along the north property line, we are planning on using that parcel
18 for a shallow storm water detention facility. We're not retaining the water, but
we proposing to detain it. The idea is to make that as shallow as possible. Any
(
Meridian City Council Meeting I
March 7,2000
Page 37
open space we do move over to the other side of the road is on the high side, so
to speak, and it's very difficult to use as a detention facility.
deWeerd: I'm not talking about loosing the lot that you use to gain more on 18.
I'm talking about loosing a lot then on the south end of that. So just bring me
back to the original intent of the P & Z, our recommendation.
Centers: And, of course, their original recommendation is actually two on the
south. We would obviously prefer not to do that.
deWeerd: Okay.
Corrie: Any other questions? Okay. Thank you.
deWeerd: Mr. Mayor, could we ask Mr. Jones to come back up for a moment?
Jones: Jay Jones, 1426 North Carol.
deWeerd: Thank you, Mr. Jones. I guess my question to you would be if they
could work with you to get it on your westerly property line, would you be willing
to give a permanent easement to that, and would you be willing to do the
improvements necessary to make that a pathway? Would your Homeowners
Association help you with that? The primary question would be would you be
willing to dedicate a permanent easement?
Jones: For that primary question, I think we would be able to do it on that
western property line. In the middle it just doesn't work, and essentially, our
understanding was we could have the access and not disrupt any of the usable
part of my property. Just so the 8 or 9 children in our subdivision can get to
school. Basically the primary purpose, you know, to satisfy the request in the
neighborhood. There is not a Homeowners Association associated with our
subdivision, and with our discussions in funding, the concerns of the Walgreen's
store, I don't see too many people wanting to cough up anything for that, but I
think we could go in - if it was required, okay, rather than just an easement, you
know, across a driveway on that end of the property, if it was required to have a
dedicated pathway, I would entertain a split cost with the developer, but I would
first maybe request an easement that across a gravel driveway that - you know,
under my proposed new structure (inaudible) property that would be the access
rather than the full ten-foot width which I understand by staff in speaking to them
today that that is a requirement on any pathway that it is ten feet. Initially I'd
hoped for maybe six feet, but something like that that would, you know, not take
up quite so much length.
DeWeerd: Okay. Thank you.
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Meridian City Council Meeting
March 7,2000
Page 38
Corrie: Okay. Council, any other questions that you have? Let's - you have the
last crack. If you have questions or answers - question?
Canning: I have a proposal. I just chatted with the applicant, and what we could
do is perhaps switch - I guess the concern we've got is having two single units in
the project makes it a little bit difficult. Perhaps if we could take one off the south
side and then put it back into the east end of that lot 18, that would work fine.
That would put a two-unit structure back on the north side which is the way it was
originally submitted.
Corrie: In other words, you're taking 22 and putting it over there next to 17?
Canning: Essentially, yes. Thank you.
Deweerd: Joe, then you would open up 21 and 22?
Canning: Just 22, essentially.
Corrie: Twenty-two would just flip over and be 17 and (inaudible).
Canning: With the one loss, we're actually exceeding the open space
requirement, so the idea being keeping the number the same, it's just putting it in
a different location.
DeWeerd: So you would still have that kind of width, then? Then you would just
- you'll have a single unit there, then?
Canning: Somewhere along there.
DeWeerd: Okay. Well, when this is all over, I guess I'd like to' get staff's reaction
to all of this. Thank you.
Corrie: Okay. Any other questions that staff has? I don't want to get into this.
Unidentified Audience Member: I just want to clear up one point on property
sizes. They implied to property in Gem Park are small. I have one of the
smallest lots in Gem Park, and it's over a quarter of an acre.
Corrie: Thank you. Any questions? Staff, for the record? Okay. Hearing none,
1'(1 entertain a motion to close the public hearing on 10, 11 and 12.
Bird: So moved.
DeWeerd: Mr. Mayor. Do 1-
Corrie: Is there a second?
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Meridian City Council Meeting
March 7} 2000
Page 39
Anderson: I will second it.
Corrie: Okay. Now, Mrs. deWeerd.
DeWeerd: I just - Brad, did you have any comments on the proposed path and
how that would all work?
Hawkins-Clark: Commissioner deWeerd, I guess in terms of the goal of the
common space is to be usable. The whole idea is probably very few people are
going to make much use out of an 18-foot deep front yard and an 11-foot back
yard. I think, obviously, usable open space is always up for interpretation, but I
think, to me, you keep contiguous, larger open space area, you can fit your
volleyball courts, you can fit a horseshoe - it's more usable. So as compared to
putting a single open-space lot on the south, I think it would in terms of getting
that goal of planned unit development achieved, it would be better to keep them
contiguous.
DeWeerd: Rather than getting the connectivity to other neighborhoods?
Hawkins-Clark: I think so. If I could point out there, Item 1.4 on the annexation
recommendation from legal regarding the Development Agreement, it does need
a decision from the Council. It was left rather open in terms of whether a
Development Agreement would be required or not. That's Page 3 of the legal
recommendation on the annexation.
Corrie: Any other questions?
Bird: I have none.
DeWeerd: I have none.
Corrie: We have a motion before the Council to close the public hearing. Any
further discussion? Hearing none, all those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: Comments from staff for Council?
Bird: Are we going to take them one at a time? The annexation and zoning first?
Corrie: Correct. So if there's no further discussion, Item No. 10 is a request for
annexation and zoning. 1'(1 entertain a motion for the annexation and zoning.
Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts
and Conclusions of Law, Decision of Order regarding the annexation and zoning
of 5.29 acres to L-O and R-8 by Centers Construction, Inc., with all staff
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Meridian City Council Meeting
March 7, 2000
Page 40
comments included; also, on 1.4 staff on the - we will have a Development
Agreement.
Anderson: I'll second that.
Corrie: Okay. Motion made and seconded to have the attorney draw up the
proper Ordinance for the annexation and zoning and also the Development
Agreement at the same time. Any further discussion? Hearing none, roll-call
vote.
Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye
MOTION CARRIED: ALL AYES
Corrie: Okay. Let's do the request for conditional use permit for the proposed
office building and townhouse, L-O and R-8 zone, five acres. I'll entertain a
motionon the conditional use permit.
Bird: Mr. Mayor. Discussion on that. That is the one that they have -
Corrie: Let's entertain a motion first and then we'll do the discussion.
Bird: Okay.
Corrie: I hate to cut you like that, but if we need to have the discussion - Do I
hear a motion on the conditional use permit?
Anderson: I'll make a motion that we approve the conditional use permit for
proposed office building and townhouses in an L-Q and R-8 zone on five acres
by Centers Construction and instruct the attorney to draw up the Findings of
Facts and Conclusions of Law.
Bird: With the Planning and Zoning's recommendations?
Anderson: With staffs recommendations; yes.
Bird: I'll second that, then.
Corrie: Motion is made and seconded to approve the conditional use permit for
proposed office building and townhouses and instruct the attorney to draw up the
Findings of Facts and Conclusions of Law and include staff recommendations.
Discussion? Now, Mr. Bird.
Bird: My discussion is on this proposal that their attorney presented to us with all
this marked out stuff and without the staff having it, I - kind of looking it over
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Meridian City Council Meeting
March 7,2000
Page 41
which we just got. I just didn't know if we wanted to charge ahead and do it or let
them look at it. But Ron made the motion to the fact that's inclusive. So go for it.
DeWeerd: Mr. Mayor. Planning and Zoning's recommendation included two lots
to be dedicated to that open space. So that would be the intent?
Anderson: I'd like to discuss that because I guess I favor the proposal you were
working on or the angle you were working is to get the interconnectivity into the
other subdivision rather than having the lots together there in the northwest
corner, I would prefer to have that Lot 22 opened up so it would have a pathway
into the other subdivision. Is it your intent to have two of the lots given up?
That's not what I heard the developer offer up as a proposal.
DeWeerd: No, but that doesn't mean we can't require it as a condition. If having
a usable open space as staff mentioned, and I agree with that argument, that I
would also like to see that connectivity as well.
Corrie: The motion is to -
Bird: You'd have to amend the motion. The motion is to go with the staffs
comments and that stuff, so they have to come up with two? It doesn't say
anything about taking 22 up. They have to come up with two. That's what the
staff -
DeWeerd: And they only have one. (inaudible); although they suggesting 17
and 18.
Anderson: One more comment I'll offer, then. I think that the discussion here
and what's going on in this meeting is all stuff that ought to be handled at staff
level and we shouldn't be deciding these issues or debating these issues at a
Council meeting, and I guess I would be in favor of tabling this particular issue
and have staff try to work out some of these items as far as the connectivity to
the subdivision to the south and whether we want two lots or one lot and give
them some direction on how to go on it instead of us debating that and trying to
negotiate in the middle of a City Council meeting.
Bird: Mr. Mayor. I agree with you 100 percent, Ron, and I think that's why - I
mean, we get this change from the owner, developer wanted in here tonight, and
that's why I was asking you if we were going to use that or not. I don't think it's
fair to the developer or to our staff at all without the both of them getting to look at
it. That's why I'd be for tabling.
Corrie: What I need is for you to make a motion - withdraw and a motion to
table.
DeWeerd: We still have a little bit of discussion.
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Meridian City Council Meeting
March 7, 2000
Page 42
Corrie: You can discuss anything you want. I hear options here.
DeWeerd: Well, Mr. Mayor, I agree with Councilman Anderson that I think we
should give staff what our desire would be and my opion would be that the desire
would be to have still those two lots and where you put them would be for your
discussion with the applicant and perhaps the adjoining property owner. And I
would also like to see how they could work out the back, the north property line
so we could get it a lower - elevation back there.
Bird: I withdraw my second.
Anderson: I'll withdraw my motion. I will make a new motion that we table this
request for a conditional use permit for Centers Construction subject to staff
going back and working out the details on what Councilwoman deWeerd has
stated as the Council's desire.
Corrie: March 21st or April 4th?
Anderson: That be brought back on March 21st.
DeWeerd: Second.
Corrie: Motion is made and seconded to have the Item No. 11 tabled to March
21St, have staff work with the recommendations of the Council with the developer
on the conditional use permit. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Now we have the preliminary plat. Do you want to table that as well? I'll
entertain a motion on that.
Bird: Mr. Mayor, I move that we table the preliminary plat proposal for Wesley
Subdivision until March 21St, 2000.
DeWeerd: Second.
Corrie: Motion made and seconded to table the request for preliminary plat until
March 21 st. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. It looks like most - raise your hands for who is here for the next
one. The hour, we may have a little longer than 10:30, so I would like to take a
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Meridian City Council Meeting
March 7 I 2000
Page 43
five-minute break and have a discussion with Council and see what they would
like to do with the public hearings after 13. We may table those until the 21st. So
stick around for just a minute and we'll find out. I'll entertain a motion for a five-
minute break.
Bird: So moved.
DeWeerd: Second.
Corrie: Motion made and seconded to take a five-minute break. All those in
favor say aye.
MOTION CARRIED: ALL AYES
(Meeting reconvened at 10:23 p.m.)
Corrie: Okay. I'll call the meeting back to order. Let me see a show of hands -
anyone here for Item No. 18 on the public hearing? That's the Records East
Subdivision. Other than one. Okay. Council, we're going to hear the requests
13, 14, 15, and we're going to hold public hearing 16 and Band 17 until the 21 st
because those are going to be rather lengthy. Council has a lot of questions on
those. Then we'll finish up the others very quickly so we're not here until three
o'clock in the morning. So anybody that was here for 16 and 17, we'll hold those
the 21st. Okay.
Item 13.
Public Hearing: CUP 00-008 Request for conditional use permit
for time extension of temporary clubhouse by Cherry Lane
Recreation, Inc. - 41 00 W. T alamore:
Corrie: Okay. We're on No. 13 now, the public hearing on the request for
conditional use permit for time extension of temporary clubhouse by Cherry Lane
Recreation, Inc., 4100 W. Talamore. At this time I'll open the public hearing and
hear from staff.
Hawkins-Clark: Mayor and Council, I'll simply refer you again to the site here on
the screen. I believe you're all familiar with this one. Actually directly apply to
the issue of extending the issue of the time extension on this, but I believe there
has been submitted for the record a memo from the City Clerk, Will Berg,
regarding some of the financing issues. Again, here is the location of the
temporary clubhouse and the permanent clubhouse. Temporary being here and
permanent here. We can't resist showing you the sewer truck either. Thank you.
Corrie: Okay. Since this is a public hearing, let me make a comment first. Have
you got all the -
*** End of Side 3 ***
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Meridian City Council Meeting
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Page 44
-- three parties, Will?
Berg: Mr. Mayor, Members of the Council, I have that agreement in our hands.
We are getting it recorded, but all three parties have signed the agreement as of
last - whatever the date of my memo was. Thursday or Friday.
Corrie: Good. That will cut the time considerably. Okay. It's a public hearing.
The developer first.
Spink: Mayor, Council, Michael Spink, 101 South Capital Boulevard, Boise, for
the applicant. I couldn't possibly know as much about this application as any
member on the Council, but I do know that all we're talking about was a request
for a change to condition 1.20 in the conditional use permit that was granted Isat
summer for an extension for six months. Planning and Zoning Commission
recommended approval. The only comment I would have is that we would ask
that the extension commence at the point that the Council entered any formal
order to that effect.
Corrie: Okay.
Spink: Any quiestions?
Bird: I have none.
Corrie: Anyone else like to Issue testimony for this conditional use permit
request? Okay.
Margulieux: My name's Gordon Margulieux. I live at 2040 Interlachen. I guess I
want to say a little bit longer, I could say good morning, but it's still good evening.
I just want to come out right oft the bat and say I am for this extension, I am for
the new clubhouse. I would like to see it completed, and so I just want to make
that clear. I'd also like to ask what we're voting on, because I'm kind of
confused. The letter I received in the mail said that we're voting on the
application that was submitted. It was submitted on Oecembe 29th of 1999, and
although what we're talking about is an extension, what the application is asking
for is an extension of six months as soon as the agreement, the letter of credit,
the developer has already conceded that he'll accept the letter - the six-month
extension from the time of your approval which is actually the recommendation of
the Planning and Zoning which is different than they had said because their
recommendation is that they approve the conditional use permit as requested by
the applicant. The applicant requested it from a letter of credit which is still a
moot point because their bank has already said that the letter of credit is already
there. All we have to do is approve this. But it also covers a conditional - it also
modifies the existing one to allow the immediate occupancy of the trailer that's
already been there for five months. The trailer which is illegally placed at the
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Meridian City Council Meeting
March 7,2000
Page 45
new section already was not supposed to be there until the letter of credit was
signed. That's already been recognized by the Planning and Zoning in a letter on
the 8th of February this year which said that it was there when it wasn't supposed
to be there. It wasn't supposed to be there until the letter of credit. It's been
there - not only has it been there, but they've been using it, and you can go there
tomorrow and have lunch there because they're serving food out of it, too. They
have no permit to have it there. We're actually asking not for an extension,
though. The conditional use permit ended on the 22nd of January of this year.
That's when the seven months ended. I'm not sure if this is really an extension
since the conditional use permit has already expired. But we're asking not what
the City Council had agreed to back in early July, actually late June, was seven
months. They had asked for six. They were given seven, and they said they
would have it out in seven months. It's been two months since it's expired, a
month and a half ago. So, actually what they're asking for is an eight month
extension of a deadline that they were given already which makes it a total of 13
months that they were working out there when they said they were only taking six
and you gave them seven. So I'm not quite sure what we're voting on. Are we
voting on an extension on something that's already expired? Are we voting on a
six-month extension or an eight-month extesnion? Are we voting for the
applicant's request of the extension from the day of the letter of credit or as the
recommendation, the real recommendation which is in the minutes of Planning
and Zoning which is to delay it - to have it extend from the day of your approval.
So I'm not sure what we're voting on. The reason I'm concerned about it is when
I read the agreement, I read the agreement that you guys signed at Council -
signed for the bank, and one thing that concerns me is that although you agree
on certain things, there is no dollar amount listed over there. So you're basically
signing an almost blank check over there because what it is, it's for
improvements, capital improvements which we were told back when they asked
for the conditional use permit that the money to build a house was there. The
only thing they needed was a loan for the letter of credit. This agreement says
that it's for - that the money can be borrowed on not just the letter of credit, but
also on capital improvements. So it's not $500,000. It could be a lot more.
Whatever it takes, because we don't know. That's a private business. So those
are the types of things that I'm concerned about. What are we voting on? I'd
like to see it clarified a little bit. Just where we sit in this whole thing. Any
questions?
Bird: I have none.
Margulieux: Thank you very much.
Corrie: Anyone else? Okay. There's no one else testifying? Does the
applicant want to say anything after that? Probably hear what the motion will be
very quickly.
Spink: No comment.
Meridian City Council Meeting
March 7 I 2000
Page 46
Anderson: I would make a motion that we close the public hearing.
Bird: I would second that.
Corrie: Motion made and seconded to close the public hearing. All those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion - let me state something first. We've got the letter
of credit ready to give to us, been signed, the agreement has been signed,
Cherry Lane has signed their part of it, City has signed their part of it, bank has
signed their side. Cherry Lane wants to get going with this clubhouse, last I
heard it was, and we do, too. They've got to have a place to have people come
out there while they're bulding it, so I would ask the Council to kind of take that
into consideration when you make your motion and put this thing to bed once and
for all, and let's get on with it and get it (inaudible).
Bird: Mr. Mayor. I'll try to make a motion that will be acceptable, I hope. I move
that we extend the conditional use permit for the extension of the temporary
clubhouse at Cherry Lane Recreation, Inc., for eight months, and in that same
time maybe we'll have the new one up and running within eight months.
Anderson: I second that.
Corrie: Thank you. Motion is made to extend the conditional use permit to
include the temporary clubhouse to be for eight months at which time the
clubhouse will be built and the temporary clubhouse will be gone. I added that. I
guess I shouldn't take liberties. Okay. Any discussion?
DeWeerd: Mr. Mayor, just a point of clarification, that eight months would be
after the official signing of the extension?
Bird: After the enact - when they get their building permits.
Corrie: It'll be March 21st when we vote on (inaudible)
McCandless: Mr. Mayor, does this include - does that motion include full use of
the temporary clubhouse while it's being built?
Bird: Yes, ma'am.
Corrie: They get water and the whole thing. It'll be after the Council approves
the Findings of Facts and Conclusions of Law that the attorney draws up for the
21 st. Any further discussion?
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Meridian City Council Meeting
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Page 47
McCandless: Mr. Mayor, is there any possibility that there's any other - I don't
know who to ask this, maybe to legal, that there would be any other hurdle that
they would have to go over before the 21st?
Corrie: No. We just have to approve it.
McCandless: Thank you.
Corrie: I take that back. We've got an attorney (inaudible). Mr. Attorney.
Rossman: I'm just looking at my notes from talking with Bill Nichols this
afternoon. I understand that the applicant is anxious to begin on this and we've
already directed our staff to begin preparing Findings. We would have those
Findings available for the March 15th special meeting if you prefer to get this
rolling, or we can set it over for the 21st. Whichever you -
Bird: Bring it the 15th.
Corrie: 15th, that's a meeting with the sewer? That's a special meeting.
Bird: We're having an executive session, too.
Corrie: You'll have the Findings of Facts and Conclusions of Law for that
meeting?
Rossman: We'll have them the Friday before at the latest.
Corrie: We can do it the 15th . Okay. Any objections to that?
Bird: No.
Corrie: Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES
Corrie: The 15th of the month you can dig your holes and put your water and
hallelujah and get this thing going. Thank you, Wally. Thanks for your patience.
Okay.
Item 14.
Public Hearing: CUP 00-007 Request for daycare group with 6-
12 kids in an R-8 zone by Anna Kukay - 2512 E. Clarene:
Corrie: Okay. Item No. 14, public hearing, rquest for daycare group with 6 to 12
kids in an R-8 zone by Anna Kukay at 2512 E. Clarene. At this time I'll open the
public hearing and invite staff comments.
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Meridian City Council Meeting
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Page 48
Hawkins-Clark: Mayor, Council, I just request that you approve the
recommendation from the Planning and Zoning Commission dated March 22nd.
On the screen is the location here in the Dove Meadows Subdivision. The site
plan, the site is fenced. Their proposing to increase 6 kids maximum to 12 kids
maximum, and I do not believe that there's any testimony in oppositition to this at
the Planning and Zoning Commission meeting. Thanks.
Bird: Mr. Mayor. Brad, that was February 22nd, not March 22nd, don't you mean?
Hawkins-Clark: Oh, yes. I'm sorry. February 22nd, you're right.
Corrie: This is a public hearing. Is there anyone from the public - applicant
here tonight?
Kukay: Anna Kukay at 2512 E. Clarene if you have any questions for me.
Bird: I have none.
Corrie: Anyone else from the public that would like to issue testimony on Item
14, request for daycare group of 6 to 12 children in an R-8 zone? Okay. Hearing
none, I'll entertain a motion to close the public hearing.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and secondd to close the public hearing on Item No. 14.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain amotion on the recommendation - the request for the
conditional use permit.
Bird: Mr. Mayor. I move that the request for daycare conditional use permit of 6-
12 kids in an R-8 zone by Anna Kukay at 2512 E. Clarene, that the attorney draw
up the Findings of Facts and Conclusions of Law with recommendation and
Decision and Order with the Planning and Zoning recommendations included.
Anderson: Second.
Corrie: Okay. Motion is made and seconded to have the attorney draw up the
Findings of Facts and Conclusions of Law and recommendation of acceptance of
the conditional use permit for Item No. 14. Any further discussion? Roll-call
vote, Mr. Berg.
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Meridian City Council Meeting
March 7,2000
Page 49
Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 15.
Public Hearing: VAR 00-001 Request for a variance to allow
building height of 55'6" in a C-G zone for United Heritage
Corporate Headquarters by BRS Architects:
Corrie: Item No. 15 is a public hearing; request for variance to allow building
height of 55'6" in a C-G zone for United Heritage Corporate Headquarters by
BRS Architects. Staff comments first and I'll open the public hearing.
Hawkins-Clark: Mayor and Council, the request for the variance is to exceed the
maximum height in a C-G zone which is 40 feet. Initially the application did
request 55'6" at its highest point. You should have in your packets a February
23rd letter from BRS Architects requesting a change to that to 59'8-3/4" which
would be just about 20 feet exceeding the height in the C-G. Staff doesn't have
any problems with the request. It's in the Central Valley Corporate Park. The
site here is on the screen, and here's an elevation which they are proposing -
you can see that the towers are where the height variance would be. Three-story
building, and they are apparently looking to raise the interior roof on each floor by
a foot or something, so that increases the overall of the building. Staff
recommends approval.
Corrie: Is the applicant here this evening?
Hawkins-Clark: We had received them at some point, but they should get on
over to you, Will.
Capshaw: Mayor and Council, my name is Mike Capshaw with BRS Architects.
I reside at 2025 South Phillipe. I'm representing United Heritage in this matter.
Initially we had asked for 55'6" (inaudible - walked away from mic) and we went
into our construction design and ran into some problems with structural and
HVAC and we needed to raise the floor elevation, finished floor to finished ceiling
just a little bit on (inaudible). This is going to be the corporate headquarters for
United Heritage, and because it is going to be such, we've gone to extremes to
design something very nice, not something with a flat top. We wanted some
sloped roofs, we wanted some interest. We wanted to make sure that we hid any
mechanical units that we had so some of those towers in the center of the
building (inaudible). So that's pretty much where we came from on that. We
tried to make something that will be an asset to Meridian. Any questions?
Bird: I have none.
Anderson: I have none.
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Meridian City Council Meeting
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Page 50
DeWeerd: It looks like a read asset.
S i rd : Sea utifu I.
Anderson: Nice looking building.
Windrow: Mayor and Council members, I'm Jack Windrow. 1212 12th Avenue in
Nampa. I'm Senior Vice President with United Heritage. First of 'all, I guess I"d
like to say how excited I am to be moving our corporate headquarters to
Meridian. United Heritage is the original grange mutual life. We've been
affilitated with Idaho, associated with Idaho since 1935. We've been located in
our current headquarters for over 40 years on 12th Avenue in Nampa. We are
very excited to be moving to Meridian. This is going to be our corporate
headquarters. This is going to be a Class-A building. I think it will reflect very,
very well in Meridian. We're excited. Our grand opening is intended to be May
15. We're going to be sending all of you an invitation; I'm going to offer mine
tonight, a personal invitation to come to the ground breaking, and I think this
could be the start of some wonderful things in the park out there. Thank you.
Bird: Thank you for coming to Meridian.
Corrie: Yes. Thank you very much. You can't imagine my thrill to talk to the
Mayor of Nampa. She's a nice lady and she understood. Thank you for
choosing Meridian. Beautiful building. Anybody else from the public that would
like to issue testimony in this?
DeWeerd: Mr. Mayor, I would like to close the public hearing.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing. All those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES
Bird: Mr. Mayor. I would move that we approve the variance to allow buiding
height of 59 feet instead of 55. Let's just hit it at 60 feet in the C-G zone for the
United Heritage Corporate Headquarters by BRS Architects and for the attorney
to draw up the proper Findings of Facts and Conclusions of Law and Decision of
Order.
DeWeerd: Second.
Corrie: Motion made and seconded to approve the variance of the United
Heritage Corporation Headquarters to a height of 60 feet and to draw up the
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Meridian City Council Meeting
March 7 I 2000
Page 51
proper order. Is there any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES
Item 18.
Public Hearing: PFP 00-001 Request for preliminary/final plat for
proposed Records East Subdivision, three commercial lots on
23.6 acres by Developers Diversified Realty Corp. - southeast
corner of Records Drive and Fairview Avenue:
Corrie: Now we will move to Item 18 and open the public hearing on the request
for preliminary/final plat for proposed Records East Subdivision, three
commercial lots on 23.6 acres by Developers Diversified Realty Corp.
DeWeerd: Mr. Mayor, I move to be excused myself from this item.
Corrie: I don't think so.
Bird: (inaud ible)
DeWeerd: I didn't ask. I said I would.
Corrie: Okay. I'll open the public hearing and invite staff comments first.
Hawkins-Clark: Mayor, Council, there is a recommendation dated February 22nd
from the Planning and Zoning Commission for you. Represented here on the
screen we have the proposed plat. We would, again, point out that it is
preliminary and final plat application, joint. Other than the Planning and Zoning
recommendation, we don't have any comments. Unless Gary - that's it.
Corrie: Okay. Public hearing, I'll invite the developer to speak.
Durkin: My name is Larry Durkin, my address is 380 E. Parkcenter Boulevard,
Boise, Idaho. Mr. Mayor, City Council, I'm speaking to you tonight on behalf of
Developers Diversified Realty Corporation. I'm with Dakota Company, a Boise
based development company. This will be the briefest presentation you will ever
hear. We are in support of all the recommendations from Meridian Planning and
Zoning. We, too, will be issuing an invitation to our ground breaking ceremonies
as fast as we can, and I'll happily answer any questions about the plat. This is
related to the project earlier tonight with the conditional use permit that was
approved on the Consent Agenda.
Corrie: Thank you. Any questions from Council? Okay. Since there's no one
else in the public for testimony, I'll entertain a motion to close the public hearing
on Item 18.
Meridian City Council Meeting
March 7,2000
Page 52
Bird: So moved.
Durkin: Mayor, I'm sorry. There was testimony.
Corrie: There was, so I'll take that back.
Bird: I'll withdraw my motion.
Corrie: Okay. Thank you.
Woodvine: My name is Woodvine. I live on the corner of Records and Florence,
and I just have one question. Is the Wal-Mart (inaudible) is there going to be any
work done on that this year? If I can get an answer to that, I can step down and
head home.
Corrie: I think there is.
Bird: I would imagine.
Corrie: There is going to be starting (inaudible)
Woodvine: Well, the problem that I've got with this thing is the water. The - not
the domestic water, but the irrigation water. They're going to have to, according
to Meridian law, they've got to tile that ditch, and if they get in and do that, it
would only take, we're only talking a matter of two, two and-a-half days to put
that whole thing in, but if they wait until some time after April 15th, between April
15th and October 15th, then it's going to cause all of the work that the Nampa
Meridian water district has put into our deal to make the water better this year
than last year for not. They've - the thing about everything, they've put
additional filters in, they're going to have a blow-out before the water comes in,
and they've taken all the precautions that they can take, and if they don't tile that
ditch prior to a lot of work they do in there, I mean, if they just put it off until
sometime between April 15th and October 15th, then we're going to have all that
work for nothing. It would just cause us nothing but problems. If we could
address that situation to them before, we're only talking - then they're not going
to have to juggle too much of their schedule, anyway. It's only a matter of a
couple of days to put that line in. So I just to - so I could tell my people there in
the subdivision that I live in that we have made our deal, brought it to their
attention, and I would just like to find out - we called the company, and they said
they would have to talk it over with their Wal-Mart engineers. They would have to
get back with Wal-Mart engineers, and I don't have any idea of how to get in
touch with the Wal-Mart engineers to see if they would address this problem for
us first. So that was a concern that we had.
Corrie: Okay. While you're here, you said domestic water. You mean the
irrigation water.
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Meridian City Council Meeting
March 712000
Page 53
Woodvine: I said irrigation, not domestic.
Corrie: Okay. Gary, is there anything on that - I guess I can ask the developer
here too. Let's get Gary's answer and then we'll get the developer's answer.
Smith: Mr. Mayor, Council members, I'm not sure what improvements have been
made by Nampa Meridian. I know they were having problems, the subdivision
was having problems last year with debris in the water, and I don't know what
Nampa Meridian did to help clear that up.
Corrie: Okay.
Durkin: We had an application into, and the drawings have been submitted to
Nampa Meridian Irrigation District to handle the tiling in accordance with their
standards. It isn't a Wal-Mart criteria. It's a Nampa Meridian Irrigation District
criteria, and really strict rules on how we can do that. There could be a
circumstance, it's speculative at this point, that the irrigation water may be turned
off for a day or two or a period of time during that tiling, but it's - the matter is in
the control of Nampa Meridian Irrigation District since they enjoy the easement to
have that drainage ditch (inaudible). Our plans have been submitted in
accordance with their requirements. I think that it won't be an issue. It goes on,
for your information, Council, the ditch goes on a park of the property - Brad,
maybe you could just point with your pointer where that ditch comes in to the -
right there. It comes in from the south at that point and goes west. So it isn't the
full length of the property. While the development is all the way back to the east,
there is a very small portion that has to be tiled, and we'reunder the rule - their
rules and regulations to do it in accordnance with their standards, and I assure
you that's what we're doing.
Corrie: Did that answer the question? It's under Nampa Meridian rules, so they'll
tell them when they have to do it and how they'll do it.
Woodvine: Yes. That'll be fine.
Corrie: Thank you. Any other testimony on this item? Okay. Hearing none,
then I'll entertain a motion to close the public hearing.
McCandless: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing. All those in
favor of the motion say aye.
"
I.
Meridian City Council Meeting
March 7,2000
Page 54
MOTION CARRIED: ALL AYES
Corrie: Request is for a preliminary and final plat for proposed Records East
Subdivision, commercial lots. Mrs. McCandless.
McCandless: I'm sorry (inaudible).
Corrie: I'm sorry. I'll take that back. Whoever wants to speak.
McCandless: What motion did you want me to make?
Corrie: The request on the preliminary and final plats.
McCandless: Oh, good. I move that we approve the preliminary/final plat for the
proposed Records East Subdivision, three commercial lots on 23.6 acres by
Developers Diversified Realty Corporation on the southeast corner of Records
Drive and Fairview Avenue and ask that the attorney prepare Findings of Facts
and Conclusions of Law.
Corrie: Do I hear a second?
Anderson: Second.
Corrie: Motion is made and seconded to approve the - have the attorney draw
up the Findings of Facts and Conclusions of Law and approve the preliminary
plat for proposed Records East Subdivision, three commercial lots of 23.6 acres
by Developers Diversified Realty Corp. Any further discussion? Hearing none,
all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSTAINED
Item 16.
Public Hearing: PP 00-016 Request for preliminary plat for 45
building lots on 8.25 acres for proposed Woodhaven Subdivision
by Dan Wood/D.W., Inc., - west of Eagle Road between Overland
and east of Victory:
Item 17.
Public Hearing: PP 00-003 Request for preliminary plat for
Woodbridge Subdivision of 164 lots on 50.9 acres by
Woodbridge Community, LLC - east side of South Locust Grove
Road ~ mile south of Franklin Road:
Item N.
Findings of Facts and Conclusions of Law: AZ 99-021 Request
for annexation and zoning of 8.25 acres to R-8 for proposed
Woodhaven Subdivision by Dan Wood / D.W., Inc. - west of
Eagle Road between Overland and east Victory:
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Meridian City Council Meeting
March 7,2000
Page 55
Anderson: Mr. Mayor. We probably need to go back and do a continued public
hearing on Items 16 and 17 to fulfill the legal requirements there, so I would
make a motion that we continue the public hearings on Items 16 and 17 for the
preliminary plat for Woodhaven Subdivision and the annexation for Wood haven
Subdivision. Sixteen and seventeen.
Bird: Second.
Corrie: Motion is made that we continue the public hearing on Item 16 which is
the preliminary plat for Woodhaven Subdivision and also the request for
annexation and zoning on the Woodhaven Subdivision as well as the No. 17, the
public hearing for Woodhaven Subdivision.
Bird: I second it.
Corrie: Okay. Motion is made and seconded. That was - Item N. Okay. Roll-
call vote, Mr. Berg.
Roll-call." Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 19.
Public Hearing: V AR 00-002 Request for a sign variance
allowing a directional to be placed off premise at the north side of
the entrance on Meridian Road by Home Federal:
Corrie: Item No. 19 is a request for a sign variance allowing a directional to be
placed off premises at the north side of the entrance on Meridian Road by Home
Federal.
Anderson: Mr. Mayor, I would request that I step down for this. You see the
applicant, you'll know exactly why.
Corrie: Permission granted. Okay. I'll open the public hearing and invite the
staff comments first.
Hawkins-Clark: Yes, Mayor and Council, here's the proposed location. Franklin
Road and Meridian Road. The purpose being that the site technically for the
proposed sign is Meridian running along the west boundary of this site. There is
a lot line which creates two separate lots, functionally, because of ACHD's
requirement to offset the driveway from the intersection. They are required to put
their entrance drive to this site down here. The proposed directional sign would
be here, and that would require a variance because of the off-premise sign.
Technically it is an off-premise sign, but functionally it is part of the same site.
That is the reason for the application. As long as the sign's kept out of the right-
(
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Meridian City Council Meeting
March 7, 2000
Page 56
of-way and less than three feet to keep the clear vision triangle open, staff
supports it.
Corrie: Okay. Thank you. It's a public hearing. Is the - silly asking this
question, but the applicant's representative here this evening?
Anderson: Debbie Anderson, Idaho Electric Signs, 6528 Supply Way. The
directional that we are proposing is less then three feet. We do meet that criteria.
Basically, it's a technicality. The area where we are proposing the installation of
that sign is to be maintained by Home Federal, and it was a requirement by
ACHD that they have their entrance this far out of the property. We're also trying
to minimize some of the incoming traffic off of Franklin Road. The drive-thru
actually faces toward Franklin Road, so we will have traffic crossing there, so
we're hoping to minimize a little bit of the incoming traffic and bring it around so
that they can go up and around the property into the drive-thru and we're not
crossing so much of the traffic that way. We believe that we do meet all these
specifications other than the fact that we are technically an off-premise sign.
Corrie: Questions of Council?
Bird: I have none.
Anderson: Thank you.
Corrie: Anyone else from the public that would like to issue testimony at this
time? Hearing none, I'll entertain a motion to close the public hearing on Item 19.
McCandless: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on the request for
sign variance on No. 19. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Thank you. Council. Questions, discussion?
McCandless: I have none.
Bird: I have none.
Corrie: I'll entertain a motion for the request for sign variance allowing the
directional to be placed off premise on the north side of the entrance on Meridian
Road by Home Federal.
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Meridian City Council Meeting
March 7,2000
Page 57
(
Bird: Mr. Mayor. I move that we approve the sign variance allowing a directional
to be placed off premise at the north side of the entrance on Meridian Road by
Home Federal and for the attorney to draw up the proper papers.
McCandless: Second.
Corrie: Motion is then made to approve the request for sign variance by Home
Federal. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES
Corrie: Council President, if you would be so kind as to do No. 20 for me, I'm
going to leave the room for a minute.
Council President Keith Bird presides over meeting. (Mayor Corrie steps away
from meeting.)
Item 20.
Public Hearing: VAC 00-001 Request for vacation of 10-foot wide
utility and drainage easement centered on lot line common to Lots
5 and 6, Block 2, Commerce Park Subdivision located % mile east
of Eagle Road on Commercial Court by 4M Leasing/Canvest:
Bird: No problem. Public hearing, request for vacation of 1 O-foot wide utility and
drainage easement centered on ot line common to Lots 5 and 6, Block 2,
Commerce Park Subdivision located 'Y4 mile east of Eagle Road on Commercial
Court by 4M Leasing I Canvest. Staff, please.
Hawkins-Clark: Yes, Council, this arrow is pointing to the lot line subject. This is
the Nelson McAlvain warehouse that currently sits on the east lot. They are
proposing to put an addition onto their building which would actually extend over
the lot line. In order to do that, they need a lot line adjustment. To do a lot line
adjustment, they need to vacate the easement. Planning and Zoning
Commission has the recommendation before you dated February 22nd which we
ask to be incorporated.
Bird: Okay. Anybody from the public? The developer?
Washburn: Jim Washburn, Hubble Engineering, 9550 Bethel Court. I don't
have any statements. If there's any questions?
Bird: Council have any questions for him? Okay.
DeWeerd: Mr. Chairman, I move that we close the public hearing.
Bird: Do I have a second?
(
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Meridian City Council Meeting
March 7,2000
Page 58
McCandless: Second.
Bird: Okay. It's been moved and seconded to close the public hearing. All in
favor?
MOTION CARRIED: THREE AYES
Bird: Okay. Council, anymore discussion? If not, I'd entertain a motion.
DeWeerd: Mr. Chairman, I move that we approve the request for vacation of a
10-foot wide utility and drainage easement centered on the lot line common to
Lots 5 and 6, Block 2, Commerce Park Subdivision by 4M Leasing / Canvest and
for the city attorney to draw up the appropriate paperwork.
McCandless: Second.
Bird: Any discussion? We've got a motion and a second there. We'll have roll-
call vote. Mr. Clerk.
Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye
MOTION CARRIED: THREE AYES
Mayor Corrie returns (Council President Keith Bird steps down from presiding
over the meeting)
Bird: Mayor, I'll let you have it back. Thank you.
Item 21.
Public Hearing: V AC 00-002 Request for vacation of two 6-foot
easements, north/south and east/west, by Hawkins Smith -
northwest corner of Fairview and Locust Grove:
Corrie: Item No. 21 is a public hearing, request for vacation of two 6-foot
easements, north/south and east/west by Hawkins Smith, northwest corner of
Fairview and Locust Grove. At this time, I'll open the public hearing and invite
staff comments first.
Hawkins-Clark: MayorJ Council, again, the similar situation. There are existing
four lots, and in order to get the configuration for the proposed Walgreen's site,
this is the existing survey here on the screen which shows a fairly standard
quadrant configuration. I apologize; I don't have a copy of their proposed lot line
adjustment, but more or less, they're talking about shifting this north/south line
over. They're talking about shifting this east/west line south to create a lot here
which would be the largest for the Walgreen's, will remain to be four lots. In
order to do that, there are existing easements here, and that's the request for the
Meridian City Council Meeting
March 7, 2000
Page 59
vacation that is before you, and there is a recommendation dated February 25th
that we ask to be incorporated.
Corrie: Is the applicant here this evening?
Boyle: Clinton Boyle representing Hawkins Smith Developers, 8645 West
Franklin Road. Mayor and City Council, I appreciate you hearing this item tonight
and staying up at the late hour of 11 :00 to hear it. I just have to state that we
agree with the staff comments on this simply vacating some existing utility
easements that traverse through the middle of the site to accommodate the
infamous or famous or whatever you want to call it, Walgreen's project that has
been before you in the past. If there's any questions, I'll answer those.
Corrie: Questions from Council?
Bird: I have none.
McCandless: I have none.
Corrie: Thank you. Anyone else from the public that would like to issue
testimony on Item NOa 21, request for vacation? Hearing none, I will entertain a
motion to close the public hearing.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 21.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. I'll entertain a motion if there's no other discussion on the request
for vacation.
DeWeerd: Mr. Mayor, I move that we approve the request for vacation of two 6-
foot easements, north/south and east/west, by Hawkins Smith and incorporate
the staff comments and the recommendations by Planning and Zoning and ask
the attorney to draw up the - do we have Findings? Findings of Fact and
Conclusions of Law and Decision of Order. The appropriate paperwork.
Bird: Second.
Corrie: Motion is made and seconded to approve the request for the vacation of
the two 6-foot easements, north/south and east/west, by Hawkins Smith and to
include the staff comments, Planning and Zoning comments and have the
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Meridian City Council Meeting
March 712000
Page 60
attorney draw up the proper papers. Any further discussion? Hearing none, roll-
call vote, Mr. Berg.
Roll-ca/t Anderson, aye; McCandless, aye; deWeerd, aye,~ Bird, aye.
MOTION CARRIED: ALL AYES
Item 22.
Water I Sewer I Trash Delinquencies:
Corrie: Now we have water, sewer and trash delinquencies. Mr. Clerk, I didn't
notice anything in the Consent Agenda to approve the bills. There was a -
Bird: Yes. It's No. -
Corrie: I stand corrected. Thank you. Okay~ This is to inform you in writing, if
you choose to, you have the right to a predetermination hearing at 7:30 p.m.,
Tuesday, March 7, 2000, before the Mayor and City Council to appear in person
to be judged on the facts and to defend the claim made by this City that your
water, sewer and trash bill is delinquent. You may retain counsel. This service
will be discontinued on March 7, 2000, unless payment is received in full. Is
there anyone present who wishes to contest his or her water and sewer
delinquency? No response. They are hereby informed that they may appeal or
have the decision of the City reviewed by the Fourth Judicial District Court
pursuant to Idaho Code. Even though they appeal, their water will be shut off.
The amount of the turn-off list is $39,343.85. Council, I'll entertain a motion to
approve the delinquency turn-off schedule list.
Anderson: Mr. Mayor, I'd make a motion that we approve the water delinquency
turn-off list schedule for March 7, 2000.
Bird: Second.
Corrie: Motion made and seconded to approve the delinquency turn-off list
schedule for March 7, 2000. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Item 23. Department Reports
A. City Engineer- Gary Smith:
1. Proposed "Construction, Operation and Maintenance
Agreement" between Gemtone, Inc. and the Settlers
I rrigation District:
Meridian City Council Meeting
March 7 I 2000
Page 61
Corrie: Department Reports, City Engineer, Gary Smith.
Smith: Mr. Mayor, Council members, two items. The first is a proposed
"Construction, Operation and Maintenance Agreement" between Gemtone, Inc.
and Settler's Irrigation District. This concerns a pressurized irrigation system
pump station that they will be constructing, the developer of Gemtone will be
constructing to provide irrigation water to Gemtone No.2, 3 and 4. Previous to
this request, the City of Meridian, you approved an easement for Gemtone to
construct a pump station on the access to a piece of ground that we have for well
No. 16, and -
*** End of Side 4 ***
-- agreement since we granted them or granted the developer the easement to
construct the pump station. I don't have any other comments.
Bird: Mr. Mayor, has Bill Nichols seen it? I know Eric hasn't, but-
Smith: I don't know. I transmitted it over for him to take a look at it, and I don't
know whether he has or not.
Bird: Is this kind of a standard agreement that we've done before, Gary?
Smith: Never seen one. We haven't done this before.
Bird: We never have? Okay.
Smith: We haven't had an occasion to do it before, I should say.
Bird: Is it going to hurt if we set this back two weeks and let Eric look at it qnd
make sure it's okay for the Mayor to sign and the Clerk to attest?
Smith: I don't think so, Councilman Bird. I think that they -
Anderson: Or we pass it subject to review by the attorney.
Bird: That's a good idea. Let's do that. Mr. Mayor, I make a motion that we
approve the "Construction Operation Maintenance Agreement" with Gemtone,
Inc. and the Settler's Irrigation District upon approval by the City Attorney and for
the mayor to sign and the clerk to attest.
Anderson: Second.
Corrie: Okay. Motion made and seconded to approve the proposed
"Construction Operation Maintenance Agreement' between Gemtone, Inc. and
the Settler's Irrigation District with the condition of approval of the City Attorney
Meridian City Council Meeting
March 7,2000
Page 62
and the Mayor to sign and the Clerk to attest. Any further discussion? All those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
2. Request of Change Order No.2 for the wastewater treatment plant:
Smith: Thank you. The second item I have is a request for Change Order No.2
for the Wastewater Treatment Plant digester clarifier facility project. (inaudible)
with our design engineer, Keller Associates, is here this evening, and Dennis will
be happy to answer any questions you might have on the items that are being
requested for change order. The total amount of the change order request is an
increase of $13,062.75 and an increase of three days in time schedule.
Anderson: What's the total, Gary?
Bird: $13,062.75. I want you to look out at that big of job and look at $24,672 in
change orders; something about 8/1 0 of a percent of the total for change orders?
I think the designer and our staff, Brad and Gary, and the builder needs to be
complimented. This is fantastic when you have this large of a job and only have
that kind of a change to change orders. I've seen the billing come through this
morning, Gary and Brad had taken me through this, and I'm just - the fire station
went the same way, and I think it just - we had very little change orders, and you
get jobs like that, it just makes it go so much better to not have a whole bunch of
change orders. I sure appreciate it as a citizen of the City of Meridian.
Anderson: Mr. Mayor, I would make a motion that we approve Change Order
No.2 in the amount of $13,062.75 for the Wastewater Treatment Plant digester
and clarifier facilities.
Bird: Second.
Corrie: Motion has been made and seconded that we approve the amount of
$13,062.75 for the Wastewater Treatment Plant digester and clarifier facility
Change Order No.2. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES
Smith: Thank you. That's all I have unless you have any questions of me on
anything.
Corrie: I'm going to ask Bill to ask a question of the Council. Bill, will you kind of
- then we'll do Items Sand J that was pulled off, and then we'll be (inaudible).
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Meridian City Council Meeting
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Gordon: I guess my question is where do I go from here. Were you pleased?
Were you satisfied? Were you astounded? Are you mad? The Design
Committee was - they didn't - I think they kind of expected you guys to grill them
and line them up against a wall where you could have a shot at them, and they -
it was kind of a letdown for them to be not quizzed, and I assured them that was
not the problem. I think the architects answered all the questions. They were
ready for you guys. I don't know if they did any practicing or what, and they all
left word they want me to call them tonight when this is all over with to find out
what's next. I guess that's where I'm at.
Bird: Mr. Mayor, as one Councilman, I would say we need to get on with - and I
don't know how we can do this. I would hope that we would be able to attain the
services of the architects that have gotten us to this point to do the finals. I would
like to see that. I think we can get the financing. The price didn't shock me at all.
In fact, it was -- $20 a square foot cheaper than I thought it'd come in at. I think
that we need to get a construction manager on within a couple of months. He'll
save us lots of money because he'll help with the architects, and he'll take all the
- he or she - anyway, that's my opinion. I would like to go on forward, and that
leaves it up to us to find the financing, and we'll do that. I believe we need it.
There's no question about the necessity. Now, how about the ground?
Gordon: I talked to Dave Williams today, and - I knew that question was going to
come up. The seller has agreed to everything that you guys have proposed.
The only thing that he's looking at changing is that canal that cuts across that
property, they're considering relocating that canal now because it - when it
crosses a road, it just takes one corner off one of his lots and is going to cause
problems for him trying to sell that lot or get it so that he can use all that property.
He's looking at relocating it along the back property line and then come straight
across and go right up the property line so he doesn't lose any property. Other
than that, everything is moving right along. He's got Gary Lee from one of the
architectural firms that does their work. He'll have the estimate on the road for
you guys early part of next week long before the 21st date that was requested.
He said it's coming in less than what they anticipated. So, it's all moved, a go,
they like what they see on the building, and the seller's still anxious to sell us the
land.
Anderson: On that canal, Bill, if he wants to relocate that, from the looks at the
way that thing crosses our property, he's going to want to locate it back at the
start of the piece of property we want to buy from him, too; is that correct?
Gordon: Yes.
Anderson: Otherwise, he's got to take it across the front of his property. SO I
mean, if the canal where it's at really doesn't bother us at all, so I mean, is he
willing to pay for the relocation of that on the piece of property that we're talking
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Meridian City Council Meeting
March 7, 2000
Page 64
about buying, or is he wanting us to pick up the tab of relocating that to help him
out, too?
Gordon: I knew somebody was going to ask that question, so I asked it, and he
said no, the seller is - he's looking at the property across the road therea The
way the canal is now, it's not sellable. He needs to re-route that before, and
that's what he's looking at now is the cost. He would foot the entire bill on that. It
would be a contingency of the sale. It - we had talked about that was going to
have to be done at a later date anyway if we expanded or if we wanted to put
something else out there. If he's going to do that now, that would help. But he's
going to pay.
Corrie: South side and come north - property line?
Gordon: Right.
Anderson: As far as a comment about what we saw on the conceptual drawings
tonight, I was very impressed. It looked like there had been a lot of thought and
hard work went into it on everybody's part. That was a - really squinting trying to
see some of that stuff. Does he have some smaller drawings that -
Bird: You got a packet, Ron.
Gordon: Yeah. The fold-outs.
Bird: Ron, I got a question for you. How did you go with ZGA, you hired them to
do the conceptual on the fire and they just kept right on drawing the thing - how'd
we do that?
Anderson: For services like that, you have to -
Bird: We have to get a bid, don't we?
Anderson: No, you don't. You qualify somebody based off of their expertise and
stuff like that.
Bird: Well, that's what we did -
Anderson: That's what you've done already -
Bird: -- already, so we can just continue them on?
Anderson: So if you like that company and the work they've done, you can just
continue right on with that.
Bird: Is that satisfactory with you, Chief?
/,
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Meridian City Council Meeting
March 7, 2000
Page 65
Gordon: Extremely so. These guys have been really a pleasure to work with.
They're reliable, knowledgeable.
Anderson: I'm still a little bit pessimistic that we're not going to meet the
timeframe that they're talking about, and even they talked about. That could be
some problems. All the approvals and everything slows that up. I think,
realistically, we're looking at a two-year deal to get it done, not necessarily a year
and-a-half. I think we may need another six months behind what they're
projecting.
DeWeerd: However it works out is-
Gordon: They don't see any problems with the dates they gave you.
Anderson: They haven't taken anything before our P & Z and Building
Department.
Gordon: Steve Simmons said that they would even draw up the RFPs for the
construction manager for us, no charge, to get that thing moving if that's what we
wanted him to do.
Bird: I think we need to discuss this. We've got a month or so to do that. I think
we need to have 8, truthfully, an executive session with the Council and with
Steve and yourself, and decide if that's the way we want to go. I'm just one
person and I feel that on this large of job that I'd like some other input on a
construction manager.
Anderson: My other issue, too, is again funding. I'd like to sit down with, number
one, we need to have the person who did our audit go over the audit with us and
then we need to go through the finances and then figure out where we're at. I,
too, would like to have an executive session and maybe discuss finances and a
couple of other issues.
Bird: We can do that maybe the 21st during the regular Council meeting.
McCandless: May 1 ask a question? Since I served on that Committee, and
since I'm so close to the whole thing and the whole project, and since I'm the
Police Liaison, should I excuse myself from any of this?
Bird: No.
McCandless: Okay. I won't, then. I just thought I'd ask.
Corrie: Okay, Bill, if you would get everybody together, then we'll do an
executive session on the 21st. Is that what you want to do?
Meridian City Council Meeting
March 71 2000
Page 66
Bird: I think -
Corrie: I'd like to know where this is coming from, the money. I know you've got
ideas and I don't question it, but I'd just like to know what it is.
Bird: I've got an idea.
deWeerd: Me, too.
Anderson: I guess what I'm envIsioning in that executive session is maybe
Janice for finance purposes, and Bill to represent the Police Department and the
city counsel.
Bird: That's great.
Corrie: So I'll arrange it for those three to be there.
Gordon: That's for the financing? DO you want me to go ahead and get them
started on the plans? Get the contract drawn up? I was thinking maybe to go
ahead and tell them to give us a proposal on what they're going to charge.
Anderson: That's the next step.
Gordon: Okay, I'll bring that before you guys. Did everybody see the bill that
they gave us for the work so far?
Bird: No. I don't know why I got the bill. It was In my - a letter in there
addressed to me.
Gordon: We had three bids, and it was $23,000, $18,000 and then these folks
was not an hourly rate not to exceed $10,000. Their bill came in at $5,300 for
everything that they've done so far. I'd say that's considerably less than what we
were looking at.
Bird: They've done a lot of public safety buildings all over the country.
Item S.
Findings of Fact and Conclusions of Law: Adult Entertainment
Ordinance
Corrie: Okay, Bill. You've got it. Item No. S which is the Findings and
Conclusions of the adult entertainment ordinance. Tammy asked to have pulled
off and - Tammy, questions?
Meridian City Council Meeting
March 7 I 2000
Page 67
DeWeerd: Well, just back to my original comment when these Findings were
ordered and we were told that we could change them. At this point, I would like
to strike on Page 2 the RSC and the C-G and leave only the I-L zone.
Bird: What? Where at, Tammy?
DeWeerd: Page 2, the last sentence on -
Bird: Oh, the RSC.
DeWeerd: That the I-L zone should be the only zone that this is allowed in.
Bird: As a Conditional Use?
DeWeerd: As anything.
Bird: I don't know if that's - just a second. I don't know if that's going to change
that. It might not be the right wording.
(inaudible discussion amongst Council members)
Corrie: Mr. Attorney, I don't know if we can do that or not. It was a public
hearing and we made the recommendations in the public hearing. I like her idea,
I have no problems with it, I just wonder if we can do it.
Rossman: At the public hearing, the only discussion was whether or not - well,
the proposal was that it be limited to these three zones?
Bird: Right, on Conditional Use.
Rossman: I'd have to talk to Bill who was present at that hearing, but my initial
impression was that if all three were addressed, I'm not sure that you would be
restricted from cutting it back to just the I-L as long as all those zones were
discussed and there was full opportunity for the public to testify with regard to all
three of them.
Corrie: Well, I have no problem with RSC and C-G, getting them out of there
because I don't want those in a shopping center.
Rossman: Let me talk to Bill and, if necessary, review the minutes, and we'll - I
can have an answer for you. I can't necessarily right now.
DeWeerd: Okay.
Corrie: Table that one and then we'll get back and put it on the Consent Agenda
on the 21st? Those two stricken out and just the I-L. The motion? He's going to
(
Meridian City Council Meeting
March 71 2000
Page 68
look at the whole thing. Okay. That takes care of your question? Thank you. I
need a motion.
Bird: Mr. Mayor, I move that we table the Item No. S, Findings of Facts and
Conclusions of Law for the adult entertainment ordinance relating to zoning
schedule to March 21st, 2000.
DeWeerd: Second.
Corrie: Motion made and seconded to table Item No.2, Findings on the adult
entertainment ordinance to 3/21/2000. Any further discussion? Hearing none,
roll-call vote, please.
Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item J.
Tabled from February 15,2000: Findings of Facts and
Conclusions of Law: CUP 99-033 Request for Conditional Use
Permit for 81 ,000 s.f. mini-storage on Lot 2 of proposed Overland
Mini Storage Subdivision by Overland Mini Storage, LLC - 1230
East Overland Road:
Corrie: The last item is J, this is the CUP for the mini-storage facility on Lot 2 of
proposed Overland Mini Storage Subdivision. Staff, I believe we had a comment
on that .one.
Hawkins-Clark: Yes, thank you, Mayor. The Findings of Fact and Conclusions
of Law, there are two items that have come up that I wanted to draw to your
attention for change. One of them is fairly insignificant. I think the other one
maybe deserves some discussion. 1.6 talks about the need for an off-premise
sign requiring a variance, so we just need to require that. The applicant has
agreed to put the sign on - they want to relocate it. They don't want to go with
the variance. They want to relocate the sign to put it on their legal parcel. So
this - that needs to be addressed. Item 1.14, the way that the Planning and
Zoning Commission saw this site plan, and I - I'm sorry. I haven't seen the
packet, so I'm not aware of - is there a landscape plan for Overland Mini Storage
in your packets? It's on an 11 x 17.
Bird: It was in the previous one. I've got it somewhere, but I'm not going to dig
through it.
Hawkins-Clark: yeah. We don't have it, but basically if you recall, there's - the
site is located on the north side of Overland, and the Nine Mile Drain actually
borders it on the north. They were required to put trees around the entire
perimeter of the project. That was Condition 1.14 of the Findings. At least 35
(
Meridian City Council Meeting
March 7, 2000
Page 69
feet on center, and there's a sewer easement that runs along that Nine Mile that
was not incorporated; so, in other words, they're going to have to remove all the
trees out of that sewer easement which means that there will be no trees, no
buffering along the north side of that project. So I guess it means that City
Council either needs to one, require that the trees be placed in a new landscape
buffer that is outside of the sewer easement which we would see the impact of
that would be reducing the building sizes. Would you like me to bring one of
them up if you don't have them? I can do that. So that's a modified plan there;
the landscape plan. The result is whether - the staff would like to see buffer
aroudn this. When you're driving down 1-84, you've got those storage units
smoewhat buffered from 1-84. The way that it's prposed, as you can see, it's just
landscape on the two sides on the west and the south. Either they need to
reduce the size of the buildings, they can put the trees still aroudn the perimeter,
but they're still going to have to put them outside of that sewer easement or, two,
just state that the submitted landcape plan is adequaste which is ladnscaping on
two sides and then strike this No.1 .14 from the Findings. SO those are the - in
terms of what's proposed, I understand it's not public hearing, it's just the
Findings of Fact. Bob Unger from Pinnacle Engineers is here. I guess it would
require a re-opening of the hearing to get that to take place, but that's - for staff,
that's what we see as needing to happen, and that, obviously, affects the
developement agreement because that means those conditions would need to
be reflected in the new development agreement, and it would also reflect the
ordinance which is the other two items that you shifted tonight.
Anderseon: mr. Mayor, Brad, looking at this plot plan that you have the Mayor, is
this Nine Mile Drain here? And if the freeway's out here, then isn't - there's a
piece of property there that something else is going to be developed on, right?
Hawkins-Smith: That's correct.
Anderson: So the back of htis isn't actually, long-term, going to be visible from
the freeway. Whatever gets built back behind here would be what's visible from
the freeway, isn't it?
Hawkins-Clark: Yeah. Depending on what's there. It's an R-T now. That's the
site that the Sundance Apartments, the 300 units came through a couple months
ago, and was denied. Zoned R-T still. It's mixed use in the Camp Plan. It could
be that there is actually four different parcels in there, but you're right.
Depending on how it would be laid out, it could provide some screening.
Anderson: Is there a fence that goes around that now? A proposed fence?
Hawkins-Clark: No. Well, around your project, yes. I thought you meant
existing.
Anderson: What kind of fence is it?
Meridian City Council Meeting
March 7,2000
Page 70
Hawkins-Clark: It's a chain-link.
Anderson: So it wouldn't do any screening? Put the litlte slats In it or
smoething?
Corrie: Okay. What's Council's pleasure? Do you want to have staff go back
with the developer or do you want to go ahead with (inaudible) take chances on
the-
Hawkins-Clark: I would point out, Shari did make comment on this even thought
she is out of the office. She feels that there - unless perimeter can be put
around, it's a significant modification and would need to be sent back to the
Planning and Zoning Commission.
Anderson: Mr. Mayor, I guess I kind of feel this is like one of those issues'
somewhere that we had earlier tonight with the other subdivision that, again, this
is something that the devleoper and staff have not spent enought time working
out the details and it's coming to us before it should. I would recommend tabling
and telling staff and the developer hammer it out. So we're not debating these
things at the City Council meeting.
Bird: Is that a motion, Councilman?
Anderson: I would make it that way.
Bird: I'll second it.
Corrie: We've got a motion before the Council. Any discussion? Evidently Bob
has something to say. The night is - it's not a public hearing. Can we hear from
what he has to say about that? He's the developer. I don't know -
Bird: I think we can, Mayor.
Corrie: -- if we can do that or not. I don't think we can.
Rossman: You can't take testimony. I guess if he has argument or opposition
about something, that's fine. But he certainly can't offer anything that would be
testimony that would be included in the record and would affect any
determination that you waul dmake. Okay. I don't have a problem with it.
Corrie: I just don't want to jeopardize the whole thing.
Bird: Just make sure you state it's a comment.
Meridian City Council Meeting
March 7, 2000
Page 71
Unger: I understand. Bob Unger. Actually, we have two things here. We have J
and we have No.3. This was the Ordinance. I guess what I want to point out to
you folks is that on February 15 you tabled thse items because of a problem with
the landscaping; apparently this problem. I tried to contact Shari Stiles on two
occasions, no response from her to find out what the problem was. Finally, I got
hold of some of the other staff members, they indicated what they thought the
problem was. So I tried to get together with staff to find out what the problem
was, how to resolve the problem, what we need to do. I did not get cooperation
to do that. Today at 4:00, I was informed by Steve, Planning staff, that, well, you
still have this issue that you're going to have to address this evening at the
hearing. Here I am on the Consent Agenda, and I can't say anything. I get
tabled to the last two items of the agenda. I'm not getting cooperation. We've
got a development agreement that's been prepared and signed. How did we get
this far with this issue? How did we get this far with this landscaping issue when
staff had the landscaping plan, the conditonial approval that we had to do the
perimeter landscaping. We didn't know the 50-foot easement for the sewer was
there until after we started - met with staff on puting in the improvements and
whatnot. Now we find out there's a 50-foot easement, and then we're told we
can't put anything within that easement. If we could put something - a five-foot
strip along the northern portion of that easement, we could get trees in to comply.
The only other way was - we would have to reduce everything else. So we're
trying to comply. We're trying to work with staff, and we're not getting
cooperation. We're hearing at the last minute such as the 15th when we originally
tabled, we didn't know there was a problem until I got to the meeting that night
and since I had a later item on the agenda, I didn't even show up for the Consent
Agenda, and Shari says you've been tabled because of landscaping and we'll
have to talk about that later. But nothing ever happened. Here we are, we're
getting tabled again. My clients are really under the gun, and I'd love to meet
with staff and work this thing out, but right now it's - Shari's out of town or she's
gone for a couple of weeks and can't work with her. You know, we'd like to
cooperate, we'd like to help out. If we can come up with some alternative way,
great. But let's get some direction to staff to meet with us ASAP. We're trying to
get our final plat through here, hopefully onthe agenda for the 21 st, but I still have
these issues out here. If we can get them all together and get them all done on
the 21St, I'm a happy camper. So, please, help us out and give us some
direction. Give somebody some direction, and let's move forward, please.
Thanks.
Corrie: Brad, what about that?
Hawkins-Clark: Easements are a matter of public record. Our opinion is it's the
developer's job to go and find out where those easements are. Staff has got a lot
of applications coming through us. We can't take every single one of them when
it comes in and verify every single little easemnt that's out there. We need to
have them pointed out on the plans that are submitted to us. In this case, it
comes out as policy. We're not going to plant trees in sewer easements. We still
(
Meridian City Council Meeting
March 7,2000
Page 72
feel like it's still important for them to comply with what Planning and Zoning
Commission recommended: perimeter landscaping. I guess that's what it comes
down to.
Bird: Mr. Mayor, Brad, I've got a - I realize you're very busy and stuff, but this
was turned down for this simple fact that the 22nd - the 15th of February and we
didn't - I don't know if Bob tried to get hold of you guys or what the deal is. I
don't know if there was some correspondence sent out from your office or what
telling them they had been turned down and the reason they had - we had to
table it was because we were short this which I would think would be the proper
steps to take. If we table it tonight, we better see some action by the 22nd on
both people's parts.
Hawkins-Clark: Understood.
Corrie: Can we do it? Brad, do you think you can do it? Can you get it
together?
Hawkins-Clark: Well, Steve's actually been the one working with him, but I'll
certainly pass it on.
Corrie: Okay. That being the case, let's - Council people like to do. Any other
discussion? Then I'll entertain a motion, Mr. Bird, to table these two items until
the 21st and have it-
Bird: I think Ron already made it. I'll second it. Ron already made a motion.
Corrie: I'm sorry. You did?
Anderson: I think I did.
Corrie: The motion is made to table Item J and 3 until the 21st of March whcih
gives time for the developer and staff to get together and take care of the
quetsions on the landscaping. Any fruther dsicsusion? Hearing none, all those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Well, that takes care of them all. I wish everybody pleasant dreams
tonight. 1'1) entertain a motion to adjourn.
Bird: So moved.
Anderson: So moved.
Corrie: Motion made and seconded. All those in favor say aye.
Meridian City Council Meeting
March 7,2000
Page 73
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 11:44 P.M.
(TAPE OF PROCEEDINGS ON FILE)
ATTEST:
20no HR 30 Pll I: 2 6
REed. ~~ iO - REOUEST OF
~EE~OEPU I
100023728
MERIDiAN CiTY
,"'OA C. O. UN. .T.. Y RECORDER ()~
J. ~~~lg t1.AYARRO C [)\l\rJ
ouf ~i~ ~ :D gHO '~J '{
CITY OF MERIDIAN
ORDINANCE NO. g 5?
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERlDIAN, 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 GENERAL RETAIL AND SERVICE
COMMERCIAL DISTRICT (C-G); 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 contiguollS alld
adjacellt to tIle City of Meridian, Idaho, and that the City of Meridian has received a \iVl~itten
reqllest for anllexatioll to the City of Meridian, Idaho, by tIle OvVller of said Property to-vvit:
HAWIGNS-SMITH DEVELOPMENT
DORIS SUBDIVISION PROPERTY
ANNEXATION DESCRIPTION
A parcel of land being all of Lots 1,2,7, and 8 of Block. I of Doris Subdivisioll as
recorded in Bool( 16 of Plats at Page 1080 of Ada County Records, alld also a
portion of the streets adjacellt to said Lots alld lying within the Southeast 1/4 of tIle
Southeast 1/4 of Sectioll 6, Township 3 North, Range I East, B.M., Ada COllllty,
Idaho, more particularly described as follows:
BEGINNING at the Southeast corner of said Section 6;
ANNEXATION AND ZONING ORDINANCE (AZ-99-019)- 1
(
Thence N 00000'00" E, along the East boundary of said sectioll, also being tile
centerline of Locust Grove Road, a distaIlce of 452.21 feet;
TheIlce N 90000'00" W, along the c.enterline of Carol Street as sllovvn 011 said
subdivision plat, a distance of 418.50 feet;
Thence S 00000'00" W, alo11g a line being the extensi011 of a11d the west bou1ldalY of
said Lots 2 and 7, a distance of 452.09 feet to the South boundary of said Sectio1l 6;
Thence S 89059'00" E, along said South boundary being witllin the right-of-\i\Tay of
Fairview Avenue, a distance of 418.50 feet, to the Real POiIlt of Begill1lil1g,
containing 4.34 acres of land, more or less.
SECTION 2: Tl1at the above-described real property be, al1d tIle saIne is hereby
allnexed a11d made a part of the City of Meridian, Ada COU11ty, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian herei11above described shall be zoned General Retail and Service Commercial District (C-
G).
SECTION 4: That tIle City Engineer is l1ereby directed to alter all use al1d area l1laps
as well as the official zoning maps, comprehensive plall and all official maps depicting the
bOUI1daries of the City of Melidian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordil1ance is sllbject to
the terms and conditions of that certain Development Agreement by al1d between the City of
Meridian and the owner of the land described in Section 1 dated the 7 f!:... day of
mtvLDA-
, 2000.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
ANNEXATION AND ZONING ORDINANCE (AZ-99-019)- 2
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 Clerl( of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance alld a lnap prepared il1
a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State of
Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simllltaneOllsly a
certified copy of this ordinance and map with the State Tax COffilnissioll of the State of Idaho, all
ill compliance with Idaho Code S63-221S and SSO-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1-13- day of
/11 /J/U:;IL/ ,2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
m ~(/IU ,2000.
1~
day of
ANNEXATION AND ZONING ORDINANCE (AZ-99-019)- 3
STATE OF IDAHO,)
: ss.
COUI1ty of Ada )
On this 1.1f- day of /l1-~ ,2000, before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE aI1d
WILLIAM G. BERG, JR., l<nown to me to be the Mayor and City ClerIc of the CITY of
Meridial1, Idaho, and who executed the within instrunlent, and aclmowledged to Ine that the
City of Meridian executed the saIne.
IN WITNESS WHEREOF, I have hereunto set Iny haI1d aI1d affixed IllY official
seal the day aI1d year first above vvrittel1.
(SEAL)
.......
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:4/., ~ .;... \.~.
:t:r:( *... * \N~
.001 I......... Ii
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. \ 1 a
. \ I .
.. \, ~ ~.-
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... ~1ii-.;..-~"~O. ~
.... OFID ....
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,fl
/"
NOT ;/ PUBLIC FOR IDAHO
RESIDING AT: fY\O;u.ti{~.
MY COMMISSION EXPIRES: {20{OD
msg\Z:\ Work\M\Meridian 15360M\ Walgreens\AZ. ORD
ANNEXATION AND ZONING ORDINANCE (AZ-99-019)- 4
~
.' R~ JRDEO~ REQUEST OF
ADA COUNTY RECORDER ~
,J. DAVID NAYARRO 1\ f'ft-
8"ISE. IDAHO \ V-\-..J FEE . EP
200n HR 3 0 P~i I: 2 6 I 0 0 0 2 3 7 2 9
MEFUDIAN CITY
CITY OF MERIDIAN
ORDINANCE NO. G60
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA,
STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR
ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW
DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO
THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE
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 la11d is
contiguous and adjacent to the City of Meridian, Idaho, a11d that the City of Meridia11 has
received a vvritten request for a11nexation to the City of Meridian, Idaho, by t11e 0W11er of said
Property to-wit:
A parcel of land located in the NWI/4 of Section 3, Tovvnship 3 North, Ra11ge
1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
ANNEXATION AND ZONING ORDINANCE - 1
/
<J
Commencing at the northeast comer of the NWl/4 of Section 3, T.3N.,
R.l W., B.M., the REAL POINT OF BEGINNING of this description;
Thence S 00027'29" W 73.00 feet along the east line of said NWl/4 to a point;
Thence N 89010'38" W 570.83 feet to a point;
Thence S 45049'22" W 28.28 feet to a point;
Thence S 00049'22" W 138.11 feet to a point;
Thence N 89010'38" W 20.00 feet to a point;
Thence S 45049'22" W 28.28 feet to a point;
Thence S 00049'22" W 38.07 feet to a point;
Thence along a curve to the left 24.13 feet, said curve havil1g a radius of
100.00 feet, a delta angle of 13049'22", tangents of 12.12 feet, and a long chord
bearing S 06005' 19" E 24.07 feet to a point;
Thence S 13000'00" E 61.41 feet to a point;
Thence along a curve to the right 54.28 feet, said curve having a radius of
225.00 feet, a delta angle of 13049'22", tangents of 27.27 feet, and a long cl10rd
bearing S 06005' 19" E 54.15 feet to a point;
Thence S 00049'22" W 133.20 feet to a point;
The11ce along a curve to the right 120.12 feet, said curve having a radius of
325.00 feet, a delta angle of 21010'38", tangents of 60.76 feet, and a long chord
bearing S 11024'4111 W 119.44 feet to a point;
Thence S 22000'00" W 77.25 feet to a point;
Thence S 85000'00" E 229.91 feet to a point;
Thence S 70000'0011 E 188.71 feet to a point;
Thence S 80000'00" E 85.85 feet to a point;
Thence S 89000'00" E 169.22 feet to a point on the east line of said NW 1/4;
ANNEXATION AND ZONING ORDINANCE - 2
Thence S 00027'29" W 523.50 feet along the east line of said NW 1/4 to the
southeast comer of the NE 1/4 of said NW 1/4;
Thence N 89018'58" W 834.84 feet along the south line of the NE 1/4 of said
NW 1/4 to a point on the centerline of the Eight Mile Lateral;
Along the centerline of the Eight Mile Lateral the following:
Thence N 35037'17" W 89.76 feet to a point;
Thence N 38008'17" W 153.90 feet to a point;
Thence N 43013'23" W 408.30 feet to a point;
Thence along a curve to the left 68.90 feet, said curve having a radius of
750.00 feet, a delta angle of 05015'48", tangents of 34.47 feet, and a I011g cl10rd
bearing N 4505111 7" W 68.87 feet to a point on the west line of the NE 1/4 of
said NW 1/4;
Leaving the centerli11e of the Eight Mile Lateral;
Thence N 00032'59" E 834.97 feet along the west line of the NE 1/4 of said
NW 1/4 to a point on the north line of said NW 1/4;
Thence S 89010'38" E 1314.18 feet along the north line of the NE 1/4 of the
NW 1/4 to the REAL POINT OF BEGINNING of this descriptio11, cOlnprisi11g
27.86 acres, luore or less.
SECTION 2:
That the above-described real property be, and the same is
hereby annexed and made a part of the City of Meridian, Ada COU11ty, Idaho.
SECTION 3:
That the real property herei11 by this ordinance anl1exed to
the City of Meridian hereinabove described shall be zoned Low Del1sity Residential District
(R-4).
SECTION 4:
That the City Engineer is hereby directed to alter all use
and area Inaps as well as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
ANNEXATION AND ZONING ORDINANCE - 3
r.
(
SECTION 5:
All ordinances, resolutions, orders or parts thereof il1
cOl1ilict herewith are hereby repealed, rescinded and annulled.
SECTION 6:
This ordinance shall be in full force and effect frol11 al1d
after its passage, approval and publication, according to law.
SECTION 7:
The Clerl, of the City of Meridian shall, within ten (10)
days followil1g the effective date of this ordinance, duly file a certified copy of this ordinal1ce
and a map prepared in a draftsman manner plainly and clearly designating the boundaries of
the City of Meridian, including the lands herein annexed, with the following officials of the
County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and
shall also file simultaneously a certified copy of this ordinance and map with the State Tax
COlmnission of the State of Idaho, all in cOlnpliance with Idaho Code S63-221S and SSO-
223.
PAS~ BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this II:!:: day
of t7Ltfl/lciv ,2000.
,. --
7~iL
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of Jpz tl/lUv ,2000.
,
ATTEST:
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ANNEXATION AND ZONING ORDINANCE - 4
(
STATE OF IDAHO,)
ss.
County of Ada, )
On this 7f!:J day of /71CL-rct-v ,2000, before me, the undersigned,
a Notal)' Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., l<nown to me to be the Mayor and City ClerIc of the CITY of
Meridian, Idaho, and who executed the vvithin instrument, and acl<nowledged to me that the
City of Meridian executed the saIne.
IN vyITNESS WHEREOF, I have hereunto set my hand and afflXed Iny official
seal the day and year first above written.
(SEAL)
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ANNEXATION AND ZONING ORDINANCE - 5
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, a11d
The State Tax Comlnission of the State of Idaho
I, WILLIAM G. BERG, JR., City ClerIc, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. 86C;;
passed by the City Council of the City of Meridian, on the '7 # day of /?ltlVlcA-,
2000, is a true and correct copy of the origil1al of said document which is in the care,
custody and control of the City ClerIc of the City of Meridian.
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COU11ty of Ada,
f 9n this 7-+-h day of {VlcA..-rcli... , in the year 2000, before me,
~eikn1 e. Ll~frl Zc-1../ , a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, al1d aclmowledged to me that
he executed the same on behalf of the City of Meridian.
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
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FEBRUARY 11, 2000
MERIDIAN CITY COUNCIL MEETING:
FEBRUARY 15, 2000
APPLICANT: HAWKINS SMITH MANAGEMENT; INC.
AGENDA ITEM NUMBER:
H
REQUEST:
CONDITIONAL USE PERMIT TO CONSTRUCT A SINGLE-TENANT COMMERCIAL BUILDING
WITH A DRIVE-THRU WINDOW (WALGREEN'S1
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
SEE ATTACHED FINDINGS
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
1/00
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ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
Jftl (00 m lit-fL' (~-h~U/~ 31& ~&521
VI
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
HAWIGNS-SMITH DEVELOPMENT CO., )
FOR A CONDITIONAL USE PERMIT FOR A )
SINGLE TENANT COMMERCIAL BUILDING )
WITH A DRIVE-THRU WINDOW )
(WALGREEN'S), LOCATED AT THE )
NORTHWEST CORNER OF FAIRVIEW )
AVENUE AND LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
02-09-00
CASE NO. CUP-99-034
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This luatter coming before the City Council on the 15th day of February, 2000,
Ul1der the provisions of S 11-2-418 E MUl1icipal Code of the City of Meridia11 for
final actiol1 on c011ditiol1al use permit application al1d t11e Coul1cil having received
and approving the Recommendation of the Plal111ing al1d Z011il1g COll1111issio11 the
Council tal(es the following actiol1:
I. That the Applicant and owner of the property is granted a conditional use
perluit for the proposed application request of a conditiol1al use perluit for the
COl1struction, developlnent, lnaintel1ance and use for a 15,120 sq. ft. retail store al1d
pharluacy with a drive-thru window as described in the PRELIMINARY SITE PLAN,
Dated: 1/24/00 (revised) and stalnped JAN 25 2000, Project NalTIe: Meridial1
Walgreens, Drawing Title: Preliluil1ary Site, Drawi11g No.: C-1 99-163-01,
C:\Clint\ W algreens\Meridian \F airview & LOCllst Grove\Meridia11 Walgreens 1. dwg,
HUBBLE ENGINEERING, INC. - Architects, for MERIDIAN WALGREENS, for
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6
HAWKINS-SMITH (W ALGREENS) / CUP-99-034
the developIuent of the aforementioned projects and which property is described as
follows:
HA WIONS-SMITH DEVELOPMENT
DORIS SUBDIVISION PROPERTY
ANNEXATION DESCRIPTION
A parcel of land being all of Lots 1,2,7, and 8 of Blocle 1 of Doris Subdivision as
recorded in BoDle 16 of Plats at Page 1080 of Ada County Records, and also a portion
of the streets adjacent to said Lots aI1d lying withil1 the Southeast 1/4 of the
Southeast 1/4 of Sectiol1 6, TOWl1Ship 3 North, Range I East, B.M., Ada COUl1ty,
Idaho, luore particularly described as follows:
BEGINNING at the Southeast corner of said Section 6;
Thel1ce N 00000'00" E, along the East boundary of said section, also being the
centerline of Locust Grove Road, a distance of 452.21 feet;
T11ence N 90000100" W, alol1g the cel1terlil1e of Carol Street as shown on said
subdivisiol1 plat, a distance of 418.50 feet;
Thence S 00000'00" W, along a line being the extension of al1d the west boul1dary of
said Lots 2 and 7, a distance of 452.09 feet to the South boundary of said Section 6;
Thence S 89059'00" E, along said South boundary being within the right-of-way of
Fairview Avenue, a distal1ce of 418.50 feet, to the Real POil1t of Beginnil1g,
COl1taiI1ing 4.34 acres of land, 1110re or less.
2. That the above named applical1t is granted a COl1ditiol1alllse perll1it for a
15,120 sq. ft. retail store a11d pharlnacy with a drive-thru window, located at the
Northwest corner of Fairview Avenue and Locust Grove Road, Meridian, Ida11o,
subject to the following conditions of use and developlnent:
2.1 Construct curb, gutter, and sidewall( on Locust Grove abutting the parcel in
compliance with ACHD plal1s and specifications for Locust Grove Road, prior
to obtail1i11g a Certificate of Occupancy.
2.2 That the hours of operatio11 be lilnited froIll 7 a.m. to lOp .111..
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6
HAWKINS-SMITH (W ALGREENS) / CUP-99-034
(
2.3 That the new signage be a 72 ft. mOnUITIent sign, but the existing sign on the
property curreI1tly used by a chiropractic clinic will remain and be available for
use.
2.4 OI1ly one drive-thru is approved aI1d it will be for the 15,120 sq. ft. bllildi11g
only.
2.5 The applicant willlnaintain the unfinished right-of-way (approxiInately 20
feet) and will not allow it to be weed-infested.
2.6 The landscape strip adjacent to Fairview shall be 25 feet wide.
2.7 Tl1e proposed detached sidewallc desigt1 along Locust Grove shows a 5-foot
planter strip between the sidewallc and road section. As long as this planter
remaiI1S in the ACHD design plans, Staff support the 15-foot la11dscape strip
shovvn since the total buffer width will be 20 feet.
2.8 There shall be no parking stalls adjacent to the Carol Street side of the parcel.
Parldng stalls may be placed adjacent to the north side of the proposed ITIulti-
teI1ant building.
2.9 Dedicate 48-feet of right-of-way froln the centerline of Locust Grove Road
abutting the parcel by lneans of recordatio11 of a fi11al subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to
process the right-of-way dedication after receipt of all requested material.
2.10 Construct a 5-foot wide concrete sidewalk on Fairview Avenue from the west
property line to the proposed driveway, approximately 130-feet east of the
west property line. Coordinate the location of the sidewall, with District staff.
2.11 Construct curb, gutter, and sidewalk on Carol Street abutting the parcel.
Ilnproveme11ts shall be constructed to 011e half of a 37 -foot street sectio11.
Coordinate the improvelnents to Carol Street with District staff
2.12 Construct a 24 to 30-foot wide driveway on Fairview Avenue located
approxilnately 220-feet west of Locust Grove Road. Pave the driveway its fllll
width and at least 30-feet beyond the edge of pavelnent of Fairview Avel1ue
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6
HAWKINS-SMITH (W ALGREENS) / CUP-99-034
and install pavelnent tapers with 15-foot radii abutting the existing roadway
edge. Construct a six-inch raised Inedian in the center of Fairview Avenlle,
from a point 10-feet west of the stop bar at the intersection to a POil1t 50-feet
west of the western edge of the driveway. Coordinate the desigl1 and location
of the median with District staff. Sublnit a design of the Inedian to the
District's Traffic Service's Supervisor for review and a letter of approval.
2.13 Construct a 41-foot wide driveway 011 Locust Grove Road located
approximately 220 feet north of Fairview Avenue. Pave the driveway its full
width and at least 30 feet beyond the edge of pavement of Locust Grove Road,
al1d install pavelnel1t tapers with IS-foot radii abutting the existil1g roadway
edge.
2.14 Provide a recorded cross access easelne11t for the parcel to the west to use tl1is
parcel for access to the public streets prior to issuance of a buildi11g perll1it (or
other required perlnits).
2.15 Other than the access points specifically approved with this application, direct
lot or parcel access to Locust Grove Road and Fairview Ave11ue is prohibited.
2.16 There shall be no north-facing illuminated Sigl1S 011 the pad site as well as 011
the main store.
2.17 That alllighti11g be shrouded to direct light down and to leeep it Ollt of the
neighborhood to the north.
2.18 Applicant shall construct a decorative, split-face block wall with a row of
colored blocle on the north side before construction of any buildi11gs is started.
2.19 Applicant shall construct a 20-foot landscape strip with a screenil1g wall
adjacent to Carol Street.
2.20 All landscape areas will be watered by pressurized irrigation. Applica11t will
submit hoole-up and design details for each landscape area. Applicant will
develop a water source separate and not a part of the City's potable water
distributiol1 system.
2.21 All driveways on the site shall be "right-in" and "right-out".
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6
HAWKINS-SMITH (W ALGREENS) / CUP-99-034
2.22 Applicant will construct a screen wall with adjacent 20-foot landscape planti11g
buffer strip along the west property line, adjacent to the existing residence,
extending from the fence that will border Carol Street at least the same deptl1
as said residential lot.
2.23 The existing building now 011 site which curre11tly houses a chiropractic clillic
will be removed within 60 days after the lllulti tenant building is ready for
occupancy.
2.24 Mter consultation with Sanitary Service C Olllp any, applicallt will construct
screened trash enclosure locations, which will include a screening fence 011
three (3) sides. The trash compactor area must be thorollghly enclosed to
preverlt disturballce to neighboring residential properties.
2.25 Applicant shall install a millimum of 011e (I) three-inch (3") caliper tree for
every 1,500 square feet of paved surface.
2.26 Except as modified by this document, applicant shall construct the landscapi11g
as shown on the last landscape design plan submitted prior to February I,
2000.
2.27 Halldicap parldng, associated signage alld buildillg constructioll will111eet tl1e
requirelnents of the funerica11s with Disabilities Act. Staff reCOlTI111el1ds tIle
nUluber of handicap-accessible stalls be i11creased beyond tIle ADA-required 1
to 25 ratio.
3. The above cOl1.ditions are concluded to be reasonable and the applicallt shall
meet such requirelnents as a condition of approval of the application for a conditiol1al
llse perluit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisio11S of S 11-2-418 J of the Municipal Code of the
City of Meridian, a copy of which is attached to this perl11it.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6
HAWKINS-SMITH (W ALGREENS) / CUP-99-034
I'
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By action of the City Council at its regular meeting held on the 7(!:. day of
Itl~ , 2000.
D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning a11d Zoning Departme11t, Public W or1<$
Department and City Attorney. \\\'f,"ttm"""11
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ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6
HAWKINS-SMITH (W ALGREENS) / CUP-99-034
(
MARCH 2, 2000
CUP 99-034
MERIDIAN CITY COUNCIL MEETING:
MARCH 7,2000
APPLICANT: HAWKINS SMITH MGT., INC.
AGENDA ITEM NUMBER:
'T
,.......-
REQUEST: FINDINGS/CONCLUSIONS - CUP TO CONSTRUCT SINGLE-TENANT COMMERCIAL BUILDING WITH
DRIVE-THRU WINDOW FOR WALGREEN'S
AGENCY
COMMENTS
CITY CLERK:
SEE 2/15/2000 ITEM PACKEr
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
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tVif p /u
t
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
No Ltal +v CLppti Ctl1At- - Sht1i/~ld ~6\.ve, tH;l~~.l\tl( jPlL(kJ~r j
plrL 3(b
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HAWIGNS-
SMITH DEVELOPMENT CO.,
FOR A CONDITIONAL USE
PERMIT FOR A SINGLE-
TENANT COMMERCIAL
BUILDING WITH A DRIVE-
THRU WINDOW
(WALGREEN'S), LOCATED AT
THE NORTHWEST CORNER OF
FAIRVIEW AVENUE AND
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
02-08-00
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-99-034
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
This above entitled conditional use permit application having COIne before
the City Council for public l1eariI1g on January 18, 2000, and COI1tiI1ued until February 1,
2000, at 7 :30 O'cloclc p.In. at the Meridian City Hall, 33 East Idaho Street, Meridia11,
Idaho, upon the FindiI1gs of Fact aI1d ConclllsioI1S of Law aI1d ReCOlTIIUe11datioI1 to City
Council issued by the PlanniI1g and Zoning COlTIlUission who conducted a public hearing
aI1d haviI1g heard and talcen oral aI1d vvritteI1 testilllony, aI1d Shari Stiles, Planni11g and
Zonil1gAdlninistrator, appeared and testified at the hearing, and appearing aI1d testifyi11g
011 behalf of the Applicant was Clint Boyle aI1d Bria11 Houghacre, and affected property
OWl1ers who appeared and testified were: Jay J011es, Debbie Woodall, and Dan Woodall,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE I OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
(
and having duly c011sidered the Inatter and the Planlung and Zoning COlnlnissiol1 made
the following Findings of Fact and C011clusions of Law and Reco111nlendation to City
Council, and the City Council havi11g received the staff report a11d the record Inade before
the Planning and Zoning COffilnission, and bei11g fully advised in the premises, the COll11Cil
finds a11d concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
1. Idaho Code S 67-6512 provides i11 part that:
(A) As part of a zOni11g ordil1al1ce the City Coul1cilluay provide
for the processing of applications for special or cOl1ditiol1al
use perl11its; and
(B) That a special use perlnit may be granted to al1 applicallt if
the proposed use is otheIWise prohibited by t11e ter111S of the
zonil1g ordinance, but filay be allowed with C011ditio11S
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisiol1s, il1cluding school
districts, to provide services for the proposed use, and whel1
it is not i11 conflict with the plan; and
(C) That UpOl1 the gral1ting of a special use perInit, COI1ditio11S
lnay be attached to a special use perInit, i11cluding, but 110t
limited to, those:
I ) Minilnizil1g adverse impact on other developIl1ellt;
2) Controlling the sequence al1d tilning of developll1el1t;
3) Controlli11g the duratio11 of developll1e11t;
4) Assuri11g that developl11e11t is Inail1tai11ed properly;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
(
5) Designating the exact location and nature of
developluent; requiring the provision for Ol1-site or
off-site public facilities or services; requiring lTIDre
restrictive standards than those generally required i11
an ordinance; requiring mitigatiol1 of effects of the
proposed developluent upon service delivelY by a11Y
political subdivision, i11cluding school districts,
providing services within the plal1ning jurisdiction.
2. The City of Meridia11 has exercised its authority to provide for the
processiIlg of applications for Conditional Use Permits by the el1actluent of S 11-2-418
Municipal Code.
3. Idaho Code S 67 -6504 provides that the City Councilluay exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
IcnOWl1 as the "Local Land Use PlaluungAct of 1975."
4. The City of Meridian has enacted the COlnprehel1sive Plan City of
Meridian adopted Decelnber 21,1993, Ordinal1ce No. 629, January 4,1994.
5. Prior to granting a conditional use permit in a General Retail and Service
COlnmercial zone (C-G), a public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record witl1i11 t11ree
hundred feet (300') of the external boul1daries of the lal1d U11der consideratiol1 for the
conditional use perlIDt all in accordance with the provisions of Section 11-2-418E City
of Meridian Zoni11g al1d Developlue11t Ordi11al1ce, which provides as follows:
"Prior to approvi11g a C011ditional Use Permit, the applicant a11d the
COlnmissio11 al1d Council shall follow notice a11d hearing procedures provided i11
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 OF 16
HA WIGNS-SMITH / WALGREEN'S (CUP-99-034)
(
Section 11-2-416, Zoning Amendme11t Procedures, of this Ordinance. Provided,
however, that Conditio11al Use applicatio11s for land in Old Town and in
I11dustrial and COlnmercial Districts shall only be required to have one public
heari11g which shall be held before the Planning and Zoning COlTIlTIissio11 and
after the reconunendation of the Commission is nlade the application shall go
before the City Council without a public hearing and the COU11Cil may approve,
deny, or modify the reconunendation of the Commission."
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
I. A notice of a public heari11g on the c011ditional use penl1it was published
for two (2) consecutive weel<.s prior to the said public hearing scheduled for Janllary 18,
2000, and C011ti11ued until February I, 2000, before the City COUI1Cil, the first
publicatio11 appearing and vyritten notice having been Inailed to property OWl1ers or
purchasers of record within three hundred feet (300') of the exter11al boundaries of the
property under consideration more than fiftee11 (15) days prior to said heari11g a11d
witl1 the notice of public hearings having been posted upon the property under
c011sideration nlore than one weel, before said hearing and the copies of al1110tices vvere
made available to newspaper, radio and television stations as public service
an110unceluents; and the lnatter havil1g been duly c011sidered by the City Council at
tl1e said January 18, 2000, and C011til1ued ul1til February I, 2000, public hearing; al1d
the Applicant, affected property O'Wl1erS, and goverrunent subdivisions providi11g
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
services within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express COll11nents and sublnit evide11ce.
2. There has been compliance with all notice and heari11g requirelnents set
forth i11 Idaho Code ss67-6S09 and 67-6512; and ssll-2-416E and 11-2-418E as
evidenced by the Mfidavit of Mailing, a11d the Mfidavit of Publication and Proof of
POSti11g filed with the staff report.
3. Cou11cil tal<.es judicial notice of its Z011ing, Subdivision and
Developn1ent Ordinances codified at Title II Municipal Code of the City of Meridia11
and all current zoning Inaps thereof a11d the Comprehensive Plan of the City of
Meridian adopted Decelnber 21, 1993 Ordinance #629 - January 4, 1994 a11d Maps
a11d the Ordina11ce establishi11g the Impact Area Boundary Ordinance and Map.
4. The property is located at the northwest corner of Fairview Ave11ue a11d
Locust Grove Road, Meridian, Idaho.
5. The owners of record of the subject property are:
John a11d Cheryl Wardle of 8995 Chinden Blvd. Meridian;
I(evi11 and Lila Bates, ISIS S. Carol, Meridia11;
Adrian a11d Cheri Ma11sayo11, 1555 S. Carol, Meridian;
Brent Luana Barrus, 5720 Overland Road, Meridia11.
6. Applicant is Hawldns-Smith Ma11agement, Inc. of 8645 W. Franldin
Road, Boise.
7. The subject property was z011edAda COU11ty (C-2) and (R-8) a11d t11e
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
Applicant herein has lnade an application to the City to annex and cha11ge the zOl1ing
to Meridian, General Retail and Service Commercial (C-G), in Case No. AZ-99-019,
which was granted subject to a Developlnent Agreement. The zoni11g district of C-G is
defil1ed withi11 the Meridian City Code Section 11-7 -2 1(.
8. The proposed application requests a conditio11al use perll1it for a 15,120
sq. ft. retail store and pharmacy with a drive-thru window. The C-G zOl1ing
designation withil1 the City of Meridian Zoni11g and Developlue11t Ordi11ance requires a
COl1ditio11al use permit be obtained for most uses includil1g those requested by tIle
Applica11t. (Meridian City Zoning and Developluel1t Ordi11al1ce, Sectiol1 11-2-409).
9. The Meridian City Council recognizes that the proposed application is in
cOluplia11ce with the Meridian Comprehensive Plan as enumerated i11 the
ReCOlumendations of Approval to the City COUI1Cil for Annexation and Zoning of tl1e
Subject Property.
10. The use proposed within the subject application will in fact, COl1stitute a
COl1ditional use as determined by City Policy.
II. The requested conditional use is required as a conditiol1 of t11e
developlnel1t agreelnent at Sections 6. Conditio11S Governing Develop111ellt of Sllbject
Property.
12. The requested conditional use is described in the PRELIMINARY SITE
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
PLAN, Dated: 1/24/00 (revised) and stamped JAN 25 2000, Project Name: Meridian
Walgree11s, Drawi11g Title: Prelilni11ary Site, Drawing No.: C-l 99-163-01,
C:\Cli11t\ W algree11s\Meridia11\Fairview & Locust Grove\Meridian Walgree11s 1.dwg,
HUBBLE ENGINEERING, INC. - Architects, for MERIDIAN WALGREENS, for tl1e
developlne11t of the aforeluentioned projects and which property is described as follows:
HA WIaNS-SMITH DEVELOPMENT
DORIS SUBDIVISION PROPERTY
ANNEXATION DESCRIPTION
A parcel of la11d being all of Lots 1,2, 7, a11d 8 of Blocl( 1 of Doris S ubdivisiol1 as
recorded in Bool( 16 of Plats at Page 1080 of Ada COU11ty Records, and also a
portion of the streets adjacent to said Lots and lying within the Southeast 1/4 of
the Southeast 1/4 of Section 6, Township 3 North, Range I East, B.M., Ada
COU11ty, Idaho, luore particularly described as follows:
BEGINNING at the Southeast comer of said Section 6;
Thence N 00000'00" E, along the East boundary of said section, also bei11g tl1e
centerline of Locust Grove Road, a distance of 452.21 feet;
Thence N 90000'00" W, alo11g the ce11terline of Carol Street as Sh0VV11 on said
subdivision plat, a distance of 418.50 feet;
Thence S 00000'00" W, along a line being the extensi011 of and the west
bOll11dary of said Lots 2 and 7, a distal1ce of 452.09 feet to the South bOl.l11dary
of said Section 6;
Thence S 89059'00" E, along said South boundary being within the right-of-way
of Fairview Avenue, a distance of 418.50 feet, to the Real Point of Begi11ning,
containing 4.34 acres of land, more or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 OF 16
HA WIGNS-SMITH / WALGREEN'S (CUP-99-034)
13. Giving due consideration to the COITIments received froIn t11e
governmental subdivisions providing services il1 the City of Meridian planning
jurisdiction, as herein provided for in the conditions of approval, public facilities al1d
services required by the proposed development will110t impose expense UpOl1 the
public if the conditions of development, as set forth il1 the Decisiol1 al1d Order 11l1111ber
2, are foul1d to lnitigate the effects of the proposed use and developlnent upon services
delivered by political subdivisions providing services to the subject real property withil1
the planning jurisdiction of the City of Meridian.
14. The Meridian City Council recogI1izes that the proposed applicatiol1 is il1
cOlnpliance with the Meridian COlnprehel1sive Plal1 as el1umerated il1 the
ReCOlTIlnendations of Approval to the City Council for Annexation and ZOnil1g of the
Subject Property il1 Case No. AZ-99-0 I 9 incorporated herein by reference.
15. The use proposed within the subject application will il1 fact, C011stitute a
conditional use as detennined by Coul1cil action al1d City Ordinance.
16. The use proposed within the subject application will be subject
to the COl1ditio11S as set forth in the Decisiol1 and Order under nUlnber 2, a11d will be
desigI1ed, constructed, operated and Inail1tained to be hanno11iollS a11d appropriate i11
appearance or intel1ded character of the general vicinity a11d that sucl1 use vvill110t
chal1ge the intended essential character of the saIne area.
17. The use proposed within the subject application will not be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
hazardous or disturbing to existing or future neighboring uses.
18. The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police a11d
fire protection, drainage structllres, refuse disposal, water al1d sewer.
19. The applicant has agreed to pay any additiol1al sewer, water or
trash fees or charges, if any associated with the use.
20. The use proposed within the subject application will not il1volve
uses, activities, processes, materials, equipment and conditions of operatio11 t11at will be
detrilnental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smol<e, fUlnes, glare or odors.
21. Sufficie11t parldng for the proposed use of the property will be
provided.
22. The use will not result in the destruction, loss or dalnage of 11atural
or scenic features of major importance relating to the property.
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 COll11Cil does l1ereby
ORDER and this does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 OF 16
HA WrGNS-SMITH / WALGREEN'S (CUP-99-034)
I. That the Applicant and owner of the property, is granted a conditional
use permit for the proposed application request of a conditional use permit for the
constructiol1, development, lTIail1tenance and use of a 15,120 sq. ft. retail store a11d
pharlnacy, and a 7,000 sq. ft. single story, lTIulti-tenal1t retail building, PRELIMINARY
SITE PLAN, Dated: 1/24/00 (revised) and stamped JAN 25 2000, Project NalTIe:
Meridian Walgreens, Drawil1g Title: Preliminary Site, Drawing No.: C-1 99-163-01,
C:\Clil1t\Walgreens\Meridian\Fairview & Locust Grove\Meridial1 Walgreel1s 1.dwg,
HUBBLE ENGINEERlNG, INC. - Architects, for MERlDIAN WALGREENS, for t11e
developmel1t of the aforementioned projects and which property is described as follows:
HA WIGNS-SMITH DEVELOPMENT
DORIS SUBDIVISION PROPERTY
ANNEXATION DESCRIPTION
A parcel of land being all of Lots 1,2,7, and 8 of Blocl( I of Doris Subdivisiol1 as
recorded in Bool( 16 of Plats at Page 1080 of Ada County Records, a11d also a
POrti011 of the streets adjace11t to said Lots and lying within the SOlltheast 1/4 of
the Southeast 1/4 of Section 6, Township 3 North, Ra11ge I East, B.M., Ada
County, Idaho, lTIOre particularly described as follows:
BEGINNING at the Southeast comer of said Section 6;
Thence N 00000'00" E, alo11g the East boundary of said sectio11, also being the
centerline of Locust Grove Road, a distance of 452.21 feet;
Thence N 90000'00" W, along the centerline of Carol Street as ShOWl1 on said
subdivision plat, a distance of 418.50 feet;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 OF 16
HA WIGNS-SMITH / WALGREEN'S (CUP-99-034)
I
(\
CHANGE ORDER
No. 2
PROJECT: Diaester and Clarifier Facilities
DATE: 2/15/00
OWNER: City of ~erjdian. Idaho
NAME & ADDRESS: City of Meridian
33 East Ida.ho
Meridian, Idaho 83642
CONTRACTOR: Turnkev, Inc.
ENGINEER: Keller Associates, Inc.
ENGINEER'S PROJECT NO. 197040
You are directed to make the following changes in the Contract Documents.
Description: See attached
Purpose of Change Order: See attached
197040/1/00-189 021500
Change Order
(Rev 4/89)
CHANGE IN CONTRACT PRICE:
Original Contract Price:
Previous Change Orders No.-L
to No.
Contract Price prior to this
Change Order
Net (Increase/Decrease) of this
Change Order
Contract Price with all approved
Change Orders
CHANGE IN CONTRACT TIME:
Original Contract Time:
Net change from previous
Change Orders
Contract Time prior to this
Change Order
Net (Increase/Decrease) of this
Change Order
Contract Time with all approved
Change Orders
('
$ 3,114.996.00
$ 11 ,604.23
$ 3,126,600.23
$ 13,062.75
$ 3,139,662.98
365 calendar days
o
365
3
368
RECOMMENDED: e.c..~~1...o- 'O....l,.~NGINEER
APPROVED: OWNER
APPROVED: CONTRACTOR
197040/1/00-189 021500
Change Order
(Rev 4/89)
(
CHANGE ORDER NO.2
CITY OF MERIDIAN
DIGESTER AND CLARIFIER FACILITIES
CHANGES AND JUSTIFICATION
Item 2-1 Realignment of Scum Line to Clarifier $1261.75
The new scum line to the clarifier had minimal grade available for slope and was determined to
conflict with free drainage of the clarifier launder channel. It also entered the new scum box
from the side and would not fit properly. The launder channel was modified and the scum pipe
realigned so that it entered the scum box from the back instead of the side to mitigate the
problem.
Item 2-2 Add 8-inch DIP for Future Digester $6077.00
In order to facilitate piping connection to the proposed future second mesophilic digester,
isolation plug valves and piping were added extending beyond the new road pavement so that the
pavement would not be disturbed in the future.
Item 2-3 Add 4 Flex I/O Panels $1809.07
It was assumed the new PLC control equipment would fit into existing MCC's.. Instead, the units
were larger than indicated by the supplier during design and would not fit. As a result the PLC
units required their own panel plus some additional wiring.
Item 2-4 Upgrade Hot Water Piping Insulation +$3914.93
The underground hot water piping from the existing boiler to the new boiler, and sludge piI?ing to
the new digester was inadvertently specified with an exposed insulation system that would not be
suitable for buried use. As a result the insulation for approximately 200 feet of buried hot water
supply and hot water return piping were upgraded. Insulation for the sludge feed line to the new
mesophilic digester was downgraded as heatloss was not as critical. The above price reflects the
additional cost plus credit given.
TIME EXTENSION
Considering all of the above items the only item which appears to impact the critical path
completion of the project was Item 2-1, which required 3 days to complete A Therefore, a time
extension of 3 days is recommended.
197040/1/99-686 be 012000
MARCH 2, 2000
MERIDIAN CITY COUNCIL MEETING:
MARCH 7, 2000
APPLICANT: DEPARTMENT REPORTS - GARY SMITH
AGENDA ITEM NUMBER: 2 3 · fJ. - Z
REQUEST: WWTP DIGESTER AND CLARIFIERS FACILITIES CHANGE ORDER NO.2
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITIEE:
y1JVV
curf
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
~
~
-yfb!O;iJ\
I
I
!
,-v- elf \
rG~\
I
--~I
Memo
vuJi -
f?e~
To: Mayor Corrie
From:Gary D. Smith, PE
CC: file I Dennis Suihkonen, PE
Date: 02/29/00
Re: WWTP Digester & Clarifier Facilities - Change Order No.2
MA VOR: Here is a requested Change Order No.2 for construction work at the referenced
project. Mr. Dennis Suihkonen, PE or another representative from Keller Associates, the
design engineer for this project, will be in attendance at the City Council meeting to answer
any questions that you or the Council members may have concerning this matter. A written
justification is attached to the change order form explaining the need for each included item.
I would appreciate it if you could place this item on the City Council agenda for the
March 7, 2000 meeting for Council review and action.
Thank you and if you have any questions or need other information please give me a call.
From the desk of. . .
Gaty D. Smith, PE
Meridian City Engineer
Meridian Public Works DepartIrent:
200 E. Carlton St., Suite 100
Meridian, Idaho 83642-2600
. Page 1
(208) 887-2211
Fax; (208) 887-1297
Thence S 00000'00" W, along a line being the exte11sion of a11d t11e west
boundary of said Lots 2 a11d 7, a distance of 452.09 feet to the South boundary
of said Section 6;
Thence S 89059'00" E, along said South boundary being within the rig11t-of-way
of Fairview Avenue, a distance of 418.50 feet, to the Real POi11t of Beginl1ing,
containing 4.34 acres of la11d, more or less.
2. The conditional use perluit gral1ted herein is subject to the followi11g
ten11s and conditio11S:
2.1 Construct curb, gutter, and sidewall( on Locust Grove abutti11g the parcel
in cOlnpliance with ACHD plans and specificatiol1s for LOCllst Grove
Road, prior to obtaining a Certificate of Occupancy.
2.2 That the hours of operation be lilnited from 7 a.ln. to 10 p.ll1..
2.3 That the l1ew sigt1age be a 72 ft. mOl1ume11t sign, but the existing Sigt1 011
the property currently used by a chiropractic clinic will reluain and be
available for use.
2.4 Only 011e drive-thru is approved al1d it will be for the 15,120 sq. ft.
building only.
2.5 The applicant will n1aintain the unfil1ished right-of-way (approxilnately
20 feet) and will110t allow it to be weed-il1fested.
2.6 The landscape strip adjacent to Fairview shall be 25 feet wide.
2.7 The proposed detached sidewall( desigI1 along Locust Grove shows a 5-
foot planter strip between the sidewallc and road sectiol1. As I011g as t11is
planter relnains in the ACHD desigI1 plans, Staff support the IS-foot
landscape strip shown si11ce the total buffer width will be 20 feet.
2.8 There shall be no parldng stalls adjacent to the Carol Street side of tl1e
parcel. Parldng stalls Inay be placed adjacent to the 110rth side of the
proposed multi-tenant building.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE II OF 16
HA WI(INS-SMITH / WALGREEN'S (CUP-99-034)
2.9 Dedicate 48-feet of right-of-way from the centerline of LOCLlst Grove Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building perInit (or
other required pennits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
Inaterial.
2.10 Construct as-foot vvide concrete sidewall, on Fairview Avenue from the
west property line to the proposed driveway, approximately 130-feet east
of the west property line. Coordinate the locatioI1 of the sidewall, vvith
District staff.
2.11 Construct curb, gutter, and sidewall, on Carol Street abuttiI1g the parcel.
Ilnproveluents shall be constructed to one half of a 37 -foot street section.
Coordinate the improvemeI1ts to Carol Street vvith District staff
2.12 COI1struct a 24 to 30-foot vvide driveway on Fairview Avenue located
approxilnately 220-feet west of Locust Grove Road. Pave the driveway its
full vvidth and at least 30-feet beyo11d the edge of paveluent of Fairview
Avenue and iI1stall pavement tapers vvith IS-foot radii abuttiI1g the
existiI1g roadway edge. Construct a six-inch raised median in the center of
Fairview Avenue, from a point 10-feet west of the stop bar at the
intersection to a POi11t 50-feet west of the western edge of t11e driveway.
Coordinate the design a11d location of the media11 vvith District staff.
Submit a design of the median to the District's Traffic Service's
Supervisor for review and a letter of approval.
2.13 Construct a 41-foot vvide driveway 011 Locust Grove Road located
approximately 220 feet north of Fairview Ave11ue. Pave the driveway its
full vvidth and at least 30 feet beyond the edge of paveme11t of Locust
Grove Road, and install paveluent tapers vvith IS-foot radii abutting t11e
existing roadway edge.
2.14 Provide a recorded cross access easement for the parcel to t11e west to LIse
this parcel for access to the public streets prior to issuance of a bLIilding
pennit (or other required permits).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 OF 16
HAWI(INS-SMITH / WALGREEN'S (CUP-99-034)
2.15 Other than the access points specifically approved with this applicatio11,
direct lot or parcel access to Locust Grove Road and Fairview Avenue is
prohibited.
2.16 There shall be no north-facing illuminated signs on the pad site as well as
on the main store.
2.17 That all lighting be shrouded to direct light down and to l(eep it Ollt of
the neighborhood to the 110rth.
2.18 Applicant shall construct a decorative, split-face blocl, wall with a row of
colored block on the north side before construction of any buildi11gs is
started.
2.19 Applicant shall construct a 20-foot landscape strip with a screening wall
adjacent to Carol Street.
2.20 All landscape areas will be watered by pressurized irrigation. Applicant
will submit hool,-up and design details for each landscape area. Applica11t
will develop a water source separate and 110t a part of the City's potable
water distribution system.
2.21 All driveways on the site shall be "right-ill" and "right-out".
2.22 Applica1lt will construct a screen wall with adjacel1t 20-foot lalldscape
planting buffer strip along the west property line, adjacent to the existi11g
residence, extending from the fence that will border Carol Street at least
the same depth as said residential lot.
2.23 The existing building now on site which currel1tly houses a chiropractic
clinic will be removed within 60 days after the multi tenant buildil1g is
ready for occupancy.
2.24 After consultation with Sal1itary Service Compal1Y, applicant will
construct screened trash enclosure locations, which will include a
screening fence on three (3) sides. The trash compactor area must be
thoroughly enclosed to prevent disturbance to neighboring residential
properties.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
2.25 Applica11t shall install a mirUluum of one (I) t11ree-incl1 (3") caliper tree
for every 1,500 square feet of paved surface.
2.26 Except as modified by this doculuent, applica11t shall construct the
landscapi11g as shown on the last la11dscape design plan sllblnitted prior to
February I, 2000.
2.27 Ha11dicap parld11g, associated signage al1d buildi11g COl1strllctio11 'Willll1eet
the require111ents of the fuuerica11s 'With Disabilities Act. Staff
recolmnends the l1umber of ha11dicap-accessible stalls be increased beyond
the ADA-required I to 25 ratio.
3. That the City Attorney draft an Order Gra11ting COl1ditional Use Perlnit
in accorda11ce 'With this Decision, which shall be signed by the Mayor and City ClerIc
and the11 a conformed copy shall be served by the ClerIc Up011 the applica11t, the
Pla11ni11g and Zoning Department, Public W orI<5 Departlue11t a11d City Attor11ey a11d
a11Y affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 14 OF 16
HAWI(INS-SMITH / WALGREEN'S (CUP-99-034)
NOTICE OF FINAL ACTION
Please tal(e notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit Inay within twe11ty-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 actio11 of the City Council at its regular meeting held on the
111>
day
of mtf/U/fL
, 2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED -f/f-L
COUNCILMAN BIRD
VOTED~L-
COUNCILMAN deWEERD
VOTED~
COUNCILMAN McCANDLESS
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 15 OF 16
HA WI(INS-SMITH / WALGREEN'S (CUP-99-034)
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED: 3~ 7--00
VOTED
MOTION: APPROVED~_
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Departlue11t, Public W orl(s
Departme11t and City Attorney.
By: Ji~ ~fi/I Cf
City Clerk
Dated:
3-1-11)
msgJZ:\ W ork\M\Meridian 153 60M\ W algreens\CUPFfClsOrdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 16 OF 16
HAWIGNS-SMITH / WALGREEN'S (CUP-99-034)
- - - - - - - - - - ... - ---.-'" 1......- I I - ~t:::!y , ~ nc _
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Change Reauest
Modify 12)1 Sewn Line
Labor;
Labor is off set by the Pipe deletion in the clarifier.
Material:
2ea - 12" 45Q Elbow
4ca - Access Kits
Thrust Blocks etc.
2 -16"0 Core Drill
2 - 16"0 leak Seals
=
Malcrial Subtotal
Mark-up@ lSOA.
Material Total
Equipment:
Equipment is same as in original bid
541:-~a9 7755
I
P...05
$320.00
$350.00
$427.50
S11097.50
$ 164.25
$1~261.75
(
Change Request:
Add additional 8" line with plug valves
Labor: 100 L. F. 8'; D. I.
Excavate - Backfill - Bed Pipe - Lay Pipe - Test Pipe - Thrust Blocks Etc.
40 homs @ $30.001hr
$1,200.00
Material: (See Attached)
, $3,355.00
Equipment:
Backhoe
24 hours @ $25.42/hr
$ 610.00
Wacker
24 h9urs @ $5.00/hr
S 120.00
Subtotal
Mark-up @ 15%
$5,285.00
$ 792.00
Total Cost
$6,077.00
,-
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Material List
100ft 8" D. 1. Pipe $1~200.00
2ea 450 8" Elbows $ 130.00
2ea 8" Plug Valves $1,500.00
lea 8" Blind Flange $ 50.00
lOea 8" MJ Accessories $ 150.00
lea 8" TEE $ 115.00
---
$3,145.00.
Bedding
15cy @ $6.00/yd
$ 90.00
Thrust Blocks
4ea @ $30.00/ea
$ 120.00
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TURN-KEY, INC.
... General Contractors
~ Construction Managers
January 4, 2000
Keller & Associates, Inc.
131 SW 5th Avenue
Suite A
Meridian, Idaho 83642
Attention: Dennis Suihkonen
Subject: Adding 4 panels for Flex I/O as requested by Rosemary
Dear Dennis:
As requested by Rosemary in the return comments on submittal no. 41.1- 5H. Price increase will be as
follows:
Subcontractor (see attached)
$1~573.12
Mark-up @ 15%
$ 235.95
$1,809.07
If you have any questions please do not hesitate contacting our office at (541) 889-8885.
Tish Ostolasa
OREGON OFACE IDAHO OFFICE
1551 N.W. 9th Street, Ontario, OR 97914 1189 Edgemont Rd., Emmett, 1083716
Ph. 541~-8885 FAX: 541..aag..nss PH. 208-365-1526 FAX: 2<&365-1527
Oregon Uc. j 101471 . Idaho P.U. . 11414-AAA.1..2-3 . Nevada Uc. # 0038009 A
(
CONTROL TECH
PO BOX 963
EAGLE, IDAHO 83616
Control Tech would like to offer the below price for the added panels requested by Rosemary.
To Install Panels for Flex I/O:
Parts (panel, Heater and Power Supply)
$337.03 x 4 = S 1,348.12
Labor
$45.001hr @ 5 hours = $225.00
Total $1,573.12
Broce
-~~
~~.
_~ KELLER
(
ASSOCIATES
131 S.'V." 5th .-\.,-enue, Suite.-\ · l\-Ieridian, ID 8.3642
November 29, 1999
Ms. Cindy; Palmer
Turnkey, Inc.
1551 NW 9th St.
Ontario, OR 97914
Subject: Meridian Buried Insulated Piping
Dear Cindy:
I received your letter regarding pipe insulation costs for the 6-inch HWS and HWR lines
between the existing and new digester buildings. The buried piping for these lines is
estimated at 1 90 fee~ not 390 feet as your supplier has indicated.. Perhaps they have
added all interior piping, which is still to receive the specified insulation system. Also,
upon reviewing our heatloss calculations, we have determined that the~ buried 8-inch
sludge line will" not require a wrapped insulation system with alumilium jacket as
specified. Instead, a 1 ~-inch foam insulation board should be simply.laid to the sideS
and top of the 8-inch buried sludge line and backfilled.. Please proceed with the above
foam glass and molewrap (6-inch hot water) and insulation board (8-inch sludge) systems.
for the buried pipe.. All other insulation systems shall remain as specified..
We would allow an additional cost of (190)($25.83)(1.05) == $5,153.09 for the buried 6"
HWSIHWR pipelines and would expect a credit of 134($8.80)(1.05) = $1,238.16 for the
8-inch buried sludge line insulation modification..
Please call if you have any questions..
Sincerely,
KELLER ASSOCIATES, INC.
.Q~ )<:::> ~o
Dennis M. Suihkonen, P .E.
Project Manager
c.._~
cc: Tom Lee, Turnkey
Brad Watson, John Shawcroft, City of Meridian
19702512199-744 be
A Company of Professional Engineers and Scientists
Ph: (208) 288-1992 · Fax: (208) 288-1999
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.".- General Contractors
Construction Managers
November 24, 1999
Mr. Dennis Suihkonen
Keller & Associates
131 SW 5th Ave, Suite A
Meridian, ill 83642
RE: Pipe Insulation Meridian Digester and Clarifier
Dear Dennis,
190
The costs listed below are for the -3ge linear feet of 6" piping insulation for the hot water supply
and return lines. The fiberglass with aluminum jacketing pricing is as per the original specifications.
Fiberglass w/aluminumjacketing $ 17.591/linear foot installed 15~
'/ :<5 ~ dJ~f?
Foamglas w/molewrap direct burial system $43.42/linear foot installed
190
Cost difference of $25.83 per linear foot at 3ge If = $10,073
With 15% markup = $11.,583.95
If you have any questions, please call. Let us know how to proceed.
Sincerely,
~~~ M-L~'
Cindy Palmer
Purchasing Agent
..- ~ ---...,,~~
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NO" 2 9 1999
lltrrrl J..".~'5'~
Project ~~um~.~
Filing. Ca~r1
OREGON OFFICE
1551 N.W.. 9th Street. Ontario. OR 97914
Ph. 541-889-8885 FAX: 541 -asg.'7755
IDAHO OFFICE
1189 Edgemont Ad., Emmett. 10 83716
PH. ~1526 FAX: 208-38S-15X1
Orega'lLic. , 101471 . Idaho P.U. II 1141~-1~.a . Nevada Uc.' 0038009 A
(
MARCH 2, 2000
MERIDIAN CITY COUNCIL MEETING:
MARCH 7, 2000
APPLICANT:
AGENDA ITEM NUMBER:
F
REQUEST:
RESOLUTION NAMING AND APPROVING TRUSTEES OF THE CITY OF MERIDIAN, NON-
QUALIFIED DEFERRED COMP PLAN:
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
vv
tuPffD r j~lJ)
f2)J~ ~
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented af public meetings shall become property of the City of Meridian.
Resolution Naming Au,,...r;'I'ized Officers
(Association or other Non-corporate D_yilnization)
SMITH BARNEY
A Member of TravelersGroupj
Please read carefully, sign and return to
Smith Barney IDe.
New Accounts Department
388 Greenwich Street
New YarK NY 10013-2396
RECEIVED
-MAR - 2 2000
CITY OF MERIDIA.~
AMERICAN FUNDS
GROUP 11000912524
~3:~ [jJFC ~ I
Be it resolved that:
1. Name(s) and GARY D. SMITH, TTEE; JANICE L. SMITH, TRUSTEE;
Title(s)ofOfficer(s) WILLIAM G. BERG, TRUSTEE; ROBERT D. CORRIE, TRUSTEE
is hereby authorized to sell, assign and endorse for transfer, certificates representing stocks, bonds, or other securities now registered or hereafter
registered in the name of this -
2. Type of
Organ izati on
CITY OF MERIDIAN NON-QUALIFIED DEFERRED COMP PLAN
3. I Name and Trtle of Officer
l
4. f Name of Organization
o CITY OF MERIDIAN
hereby certify that the foregoing is a true copy of a resolution duly adopted by the
5. Name of Governing
Body of the Organization TRUSTEES OF THE CITY OF MERIDIAN NON-QUALIFIED DEFERRED COMP PLAN
(the "Organization")
of the Organization, at a meeting duly held on the 71-iL day of fI/l tV1. cA- I ~ Zo 00
at which a quorum was present and voting and that the same has not been repealed or amended and remains in full force and effect and does not conflict
with the
Name of Document under CITY OF MERIDIAN NON-QUALIFIED DEFERRED COMP PLAN
which Organization is Operating
TRUST AGREEMENT
THIS Dg6UNl'ElH~U~~h SIGNED IN THE PRESENCE OF A NOTARY ~lIC 2
",,~", (J-r- -~D~//{, /h WL M- 7 - I . (J () tJ
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~..... u- ~o~ ~ try ~ Date
2 ~o ~ ~
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(If no seal certify @it the is no DEAL ~
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of the Organization.
,
ust be signed by official(s) other than the individual(s) designated in section 1.
;JteS/'dRn-t - (!/)Jt&Wh~
:eJ~/Jn...., H YtJ3
Subscribed and Sworn to Before me this
1 t'b.
day of rYVU-cJu
,% lDDD
5277 (9/95)
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NOTARY PUBLIC f~ 'f/1b{OD
(Affix Seal)
I CPI 52771
** TX CONFIRM~ 1 REPORT **
AS OF APR 12'( 8:01 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
15 04/12 18:00 LEGAL DEPARTMENT
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00'59" 003 172 OK
--------------------------------------------------------------------------------------------
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City of Meridian ~ , d' d d
~ity CI~rk's ~ffice . .
Phone: 208-888-4433
Fax: 208-888-4218
Fax
To: Marlene
From: Shelby
Fax:
Pages:
Phone:
Date: 04112100
He: Resolution
cc:
o Urgent 0 For Review 0 PIea80 Comment 0 PI.... Reply
o Please Recycle
Marlene.
Apparently this needs a resolution. Can you tell me if one was already prepared; if
not, I would guess that we need one. He's already assigned a Resolution No.. to it,
but I didn't have a resolution attached. He's gone for the rest of the week, and I'd like
to know if I can get this off of my desk. If you're not sure, it can certainly wait
Thanks a JotU!! Shelby
RESOLUTION NO go B
BY: t:e/tA-Ii1~
&n; ~W1~'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "CONSTRUCTION, OPERATION AND
MAINTENANCE AGREEMENT GEMTONE CENTER", DATED THE ?I!L
DAY OF mti/L-c-fv , 2000, BY AND BETWEEN THE CITY OF
MERIDIAN AND SETTLERS IRRIGATION DISTRICT, AN IRRIGATION
DISTRICT ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF
THE LAWS OF THE STATE OF IDAHO.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the CITY OF MERIDIAN to
enter into an agreement with SETTLERS IRRIGATION DISTRICT, denoted as
"CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT
GEMTONE CENTER", a copy of which is attached hereto mar](ed as Exhibit
"A" to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Cler]( are hereby authorized to enter into and on
behalf of the CITY OF MERIDIAN that certain agreement with SETTLERS
IRRIGATION DISTRICT, entitled "CONSTRUCTION, OPERATION AND
MAINTENANCE AGREEMENT GEMTONE CENTER", dated the 7-1-~ day
of !1/Lti.A-~ ,2000, by and between the City of Meridian and Settlers
~.~
RESOLUTION FOR
SETTLERS IRRIGATION DISTRICT / CONSTRUCTION,
OPERATION AND MAINTENANCE AGREEMENT
GEMTONE CENTER
PAGE 1 OF 2
Irrigation District, a copy of which is attached hereto mar]ced as Exhibit "An to
this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this ~day of /J~ ,2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this '7./1- day of 111ftrt-~, 2000.
A TrEST:
~~~~~
CITY CLERK ; ... SEAL
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RESOLUTION FOR
SETTLERS IRRIGATION DISTRICT / CONSTRUCTION,
OPERATION AND MAINTENANCE AGREEMENT
GEMTONE CENTER
PAGE 2 OF 2
RE c~ E I 'vIi \ l:~
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DEe 2 3 1999
CITi 0 ~'1 rvIERID 11\-1'[
RESOLUTION NO .; tJ f3
BY: ,I(&h- ~JC7L.)
?~ ~~ed ~6e~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND OVERLAND STORAGE, L.L.C.,
AN IDAHO LIMITED LIABILITY COMPANY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED
LIABILITY COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy
of which is attached hereto mar](ed as Exhibit "A" to this Resolution, the
reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Cler]( are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with OVERLAND
STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, entitled
"DEVELOPMENT AGREEMENT", by and between the City of Meridian and
OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY,
a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution
and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-f3-
day of mtirtd~ ,1999.2000
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
1~dayof II1fvtt/1v ,i999.Zoo0
ATTEST:
Jb~~~l~
CITY CLERI(
(
CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
mJ.nutes and do hereby certify that on the %- day of
1flC/A..CIL- ,1999, the following action has been taken and
authorized: 200D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETIING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND OVERLAND STORAGE, L.L.C., AN
IDAHO LIMITED LIABILITY COMPANY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY
COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy of which is
attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and allthority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with OVERLAND STORAGE, L.L.C,
AN IDAHO LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT
CER TIFI CA TE OF CLERI( 0 F THE CITY OF MERID IAN - I
AGREEMENT", by and between the City of Meridian and OVERLAND STORAGE,
L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms
and conditions.
,\ \11 n Urtfl ","
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f ~~ : 1 WI~LIAM G. BERG, JR.
~ ~~~~~. CITI CLERI(
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STATE OF IDAHO, ) ~~~~~'w.\~>
: ss:
County of Ada, )
. ~OO
. On this "]tt1 day of ~t'G , in the year ~, before me,
tV'11i?{blA V. fIatVYi7-'U , a Notary Public, appeared WILLIAM G. BERG,
JR., kn~ntified 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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CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2
(
03-02-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF W. H.
MOORE CO., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 10 ACRES LOCATED ON
THE NORTH SIDE OF MAGIC
VIEW DRIVE WEST OF EAGLE
ROAD FOR MAGIC VIEW
OFFICE COMPLEX
)
)
)
)
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)
)
)
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Case No. AZ-99-022
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on January 18,2000, at the hour of 7:30 o'clocl( p.IU., and Shari
Stiles, Plannillg alld Zoning Adluinistrator, appeared al1.d testified, and appearillg alld
testifying 011 behalf of W. H. Moore Company was JOl1athan Seel, and also appearing
and testifying were affected property owners, Church Harl and Howard Foley, and
having received the Recomlnendation to City Council of the Plallning alld Zonillg
COlnrnissioll on this matter, and the City Council having duly considered the
evidence and the record in this matter therefore mal(es the following Findings of Fact
and Conclusions of Law, and Decisiol1 and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may tal(e judicial notice of government ordinances, and policies,
a11d of actual conditions existing within the City and State.
Annexation:
1. The City of Meridian has authority to annex real property upon writte11
request for annexation and the real property being contiguous or adjacel1t to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City l11ay
annex real property that is within the Meridian Urban Service Planl1ing Area which is
designated in the Comprehensive PlaIl City of Meridian adopted Decenlber 21, 1993,
Ord. No. 629, January 4, 1994, and as provided in Meridian City Code S 11-16-3.
2. The City Council exercises its legislative authority ill the a1111exatio11
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (1983).
Prior to annexation the City Council shall request and receive a
recOlTImelldation fr01TI the Planning and Zoning Commission of proposed z011ing
ordina11ce challges for the area to be annexed in accordance with the 110tice and
hearil1g procedures provided in Section 67 -6509, Idaho Code and C011cllrrelltly or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
immediately following the adoption of an ordinance of annexation, the City COUI1cil
shall amend the Planning and Zoning Ordinance. [I.C. S 67-6525J [Meridian City
Code S 11-16-1. J
Zoning:
3. The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Lalld Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordina11ce establisll
within its boundaries one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan. [I.C. ~ 67-6511J.
4. The "Zoning Ordinance" of the City of Meridian applies and regulates
all developlnent of land within the City limits alld property outside the City liluits
for which all11exation has been requested. [Meridian City Code S 11-1-3.J
5. The City of Meridian has exercised its authority and respollsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zo11ing
Ordinallce" of the City of Meridian, Idaho, which provides for various zonillg
districts. [Meridian City Code ss 11-1 - 11-21.J
5.1 The "Zoning Ordinance" provides a zoning district (L-O) Lilnited
Office District which is defined as: [Meridian City Code S 11-7-2
G.J
(L-O) Limited Office District: The purpose of the L-O District
is to permit the establishment of groupings of professional,
research, executive, adlninistrative, accounting, clerical,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
stenographic, public service and similar uses. Research uses shall
not involve heavy testing operations of any ldnd or product
manufacturing of such a nature to create noise, vibratiol1 or
emissions of a nature offensive to the overall purpose of tllis
District. The L-O District is desiglled to act as a buffer betweell
other more intense nonresidential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirenlent in
this District.
5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use
Control" for land uses in various established zonillg districts for
permitted use, conditional use and permitted accessory use.
[Meridian City Code ~ 11-6-1. ]
5.3 The "Zoning Ordinance" provides for a ZOllil1g District Map
where the zoning districts established by the ordina11ce are
shown. [Meridian City Code S 11-6-1. J
5.4 The "Zoning Ordinallce" provides for general procedures for the
initiation and process of zoning amendment applicatiolls
including notice and hearing procedures before the Plallnillg and
Zoning Commission a11d the City Council. [Meridian City Code S
11-15-1 - 11-15-6.J
5.5 The General Standards Applicable To Zoning Amendlnents
include the following [Meridian City Code S 11-15-IIJ:
5.5.1 Will the new zoning be harmonious with and in
accordance with the Comprehensive Plan and, if 110t, has
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area included in the zoning amendlnent intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment illtended to
be developed in the fashion that would be allowed Ul1der
the l1ew zoning - for example, a residential area turning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
into commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacellt areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed reZOlle
areas;
5.5.5 Will the proposed uses be designed, constructed, operated
and lnaintained to be harmonious alld appropriate i11
appearance with the existing or intended character of the
general vicinity and that such use will not challge the
essential character of the saIne area;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 Will the area be served adequately by essential public
facilities and services such as highways, streets, police alld
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishlnent
of proposed zoning amendment shall be able to provide
adequately any of such services;
5.5.8 Will not create excessive additional requirements at public
cost for public facilities and services and willllot be
detrimental to the economic welfare of the comnlunity;
5.5.9 Will the proposed uses not involve uses, activities,
processes, materials, equiplnent and conditio11S of
operation that will be detrimental to allY perso11s, property
or the general welfare by reason of excessive production of
traffic, noise, smol(e, fumes, glare or odors;
5.5.10Will the area have vehicular approaches to the property
which shall be so designed as not to create all illterferel1ce
with traffic on surrounding public streets;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
5.5.11 Will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
5.5.12Is the proposed zoning amendment in the best interest of
the City of Meridian.
6. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", codified at Chapter 65, Title 6 7, Idaho
Code by the adoptio11 of Comprehensive Plan City of Meridian adopted December
21,1993, Ord. No. 629, January 4, 1994.
Development Conditions:
7. The City is authorized by I. C. s 67-6511 A by the adoption of an
ordinance to require or permit as a condition of rezoning that an owner or developer
Inal(e a written cOlnmitlnent concerning the use or development of the subject parcel
which the City has enacted as a part of the "Zoning Ordinance" at Meridian City
Code S 11-15-12 and if the property is annexed and zoned Meridiall City Code S 11-
16-4.
8. Si11ce the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
9. The development of the annexed land, if annexed, shall meet and
cOlnply with the Ordinances of the City of Meridian including, but not limited to:
Meridian City Code S 11-2-4 which pertains to development time schedules and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
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requireme11ts; Meridian City Code 9 12-4-13, which pertains to the piping of ditches;
and Meridian City Code 9 12-5-2 N, which pertains to pressurized irrigation systelTIs.
10. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridiall.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weel(s prior to said public hearing
scheduled for January 18, 2000, before the City Council, the first publication
appearing a11d written notice having been mailed to property owners or purchasers of
record withil1 three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
1110re than one weel( before said hearing; and that copies of all notices were lnade
available to newspaper, radio and television stations as public service announceme11ts;
and the matter having been duly considered by the City Council at the Jalluary 18,
2000, public hearing; and the applicant, affected property owners, and goverllmel1t
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and sublnit
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
(
evidence.
2. There has been compliance with all notice and heari11g requirelnents set
forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ss 11-15-5
and 11-16-1.
3. The City Council tal(es judicial notice of its zoning, subdivisiollS a11d
development ordinances codified at Meridian City Code Titles 11 and 12, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance No. 629, January 4,1994, and lnaps alld the
ordinance Establishing the Impact Area Boundary.
4. The property is approximately 10 acres in size. The property is located
on the 110rth side of Magic View Drive west of Eagle Road. The property is
designated as Lots 2 and 3, Magic View Subdivision, and described as follows:
LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION
A parcel of land located in the Northeast quarter of Section 17, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2
and 3 in the Amended Magic View Subdivision, according to the official plat
thereof, records of Ada County, Idaho, and which parcel is also described as
follows:
COlnmencing at a brass cap marl<ing the quarter corner CO Inmon to Sectiol1S 16
and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho;
thence
North 00022'58" West 1,326.59' to the Northeast comer of the Southeast
quarter of the Northeast quarter of said Section 17; thence
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
(
North 89058'30" West 391.41' to the Northeast corner of said Lot 2, said
point being the real point of beginning; thence
South 00007'50" East 579.31 feet along the Easterly boundary of said Lot 2 to
a point lying on the centerline of Magic View Drive, being the Southeast
corner of said Lot 2; thence
South 89037'02" West 315.10 feet along the centerline of Magic View Drive
and Southerly boundary of said Lot 2 to a point; thence
North 83021 '41 " West 64.86 feet along the centerline of Magic View Drive
and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2;
thence .
North 83011'15" West 405.26 feet along the centerline of Magic View Qrive
and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3;
thence
North 00003'08" West 526.18 feet along the Westerly boundary of said Lot 3
to the Northwest corner of said Lot 3; thence
South 89058'30" East 781.08 feet along the Northerly boundary of said Lots 2
and 3 to the point of beginning.
5. The owner of record of the subject property is W.H.Moore/Jim Boyd, of
PO Box 8204, Boise, Idaho.
6. Applicant is owner of record.
7. The property is presently zoned by Ada County as Rural Transitiol1al
(R-T), and consists of residential property.
8. The Applicant requested the property be zoned as Lilnited Office (L-O).
9. The subject property is bordered to the north by Greenhill Estates
Subdivision and city limits of the City of Meridian are adjacent and abut the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
property to the south and east sides of the property.
10. The property which is the subject of this application is within the Area
of Ilnpact of the City of Meridian.
II. The entire parcel of the property is included within the Meridian Urbal1
Service Planning Area as the Urban SeIVice Planning Area is defined in the Meridia11
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
Inanner: Develop an office complex.
13. The Applicant requests zoning of the subject real property as Liluited
Office (L-O) which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Commercial and Mixed
IPlallned Use Development.
14. There are no significant or scenic features of major importa11ce that
affect the consideration of this application.
IS. The Applicant request zoning of the subject real property as Limited
Office (L-O). The application is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as COlnmercial and
Mixed/Planned Use Development. Further, this application is consistent with the
following provisions of the Meridian Comprehensive Plan:
FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
The subject property is located in an area designated as Mixed/Planned Use
Development in the Meridian Comprehensive Plan. It is within the Meridian
Urban Service Planning Area.
COMPREHENSIVE PLAN POLICIES
Economic Development Chapter
Policies 1.2, 1.3, and 1.9
Land Use Chapter
Policies 4.4U, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U
CommU11ity Design Chapter
Policies 1.3,1.4, 2.1U, 2.2U, 2.3U and 2.5U
16. Giving due consideration to the comment received fronl the
governmental subdivisions providing services in the City of Meridiall plannillg
jurisdiction, public facilities and services required by the proposed developlnellt
will not ilnpose expense upon the public if the following conditio11S of
development are imposed as a condition of Staff review and approval of
developmellt perlnits, and which restrict the use and developlnent of the
subject real property under the Limited Office Development procedures alld
pursuant to the conditional use permit process, to-wit:
Adopt the Recommendations of the Pla11ning and Zoning Staff, lTIodified
at the request of the Planning and Zoning Commission as follows:
16.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
written confirmation of said approval submitted to the Public
Worl(s Department. No variances have been requested for tiling of
any ditches crossing this project.
16.2 Any existing dOlnestic wells and/or septic systenls withil1 this
project will have to be removed from their dOlnestic service per
City Ordinance Section 5-7-517. Wells may be used for nOl1-
domestic purposes such as landscape irrigation.
16.3 Off-street parking shall be provided in accordallce with Sectio11
11-2-414 of the City of Meridian Zoning and Developlnent
Ordinance and/or as detailed in site-specific requirements.
16.4 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 al1d 11-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accorda11ce
with Americans with Disabilities Act (ADA) requiremellts.
16.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engilleer
(Ord. 557, 10-1-91) for all off-street parldng areas. All site
drainage shall be contained and disposed of OIL-site.
16.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas al1d in accorda11ce
with City Ordinance Sectioll 11-2-14.D.3.
16.7 All signage shall be in accordance with the standards set forth i11
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing SigI1S
will be permitted.
16.8 Applicants shall provide five-foot -wide sidewall(s 111 accordance
with City Ordinance Section 11-9-606.B.
16.9 All construction shall conform to the requirements of the
AInericans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
16.10 Applicant shall enter into a License Agreeme11t with Ada County
Highway District to construct, and perpetually maintain, a 30-
foot wide buffer with a 4-foot high berm and a 6-foot high solid,
wooden fence on top of the berm along the entire length of Lot 2
in the Amended Magic View Subdivision. This obligation shall
be appurtenant to Lot 2.
16.11 Applicant shall construct a lninimum 20-foot wide buffer with a
4-foot high berm and a 6-foot high solid, wooden fence on top of
the berm along the entire length of Lot 3 in the AInended Magic
View Subdivision.
16.12 Applicant shall be required to dedicate all right-of-way along St.
Lul<.e's Street, and Magic View Drive by recorded Warranty Deed
or recorded plat prior to the issuance of any building permits.
16.13 The Applicant has submitted a draft site plan to provide a general
overview of expected development type location and alnenities.
The proposed site plan proposes to the dedication of a new public
right-of-way. All public easements shall be designed by plat or
other document of record showing their location.
16.14 Existing easelnents are shown on the recorded plat of the
Amended Magic View Estates Subdivision which will be in
conflict with the l1ew proposed layout. Applicant shall vacate
conflicting easements prior to applying for building perlnits.
17. It is found that if the developer pays for the requested
improvements and complies with the conditions set forth in these findings of
fact, and all sub-parts, the economic welfare of the City and its residents al1d
tax and rate payers will be protected, which requirement shall be il1cluded ill a
development agreement, a condition of annexation and zoning desigIlatioll.
18. It is found that the development considerations which must be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
tal(en into account, in order to assure the proposed developlnent is designed,
constructed, operated and maintained in a manner which is harlnonious and
appropriate in appearance with the existing, or intended character of the
general vicinity, in order to assure that the proposed use will not change the
essential character of the affected vicinity and will insure that the proposed
uses will not be hazardous or disturbing to the existing, or future neighboring
uses, particularly considering the impact of proposed development on potential
to produce excessive traffic, noise, smol(e, fumes, glare and odors.
Decision and Order now, therefore, based upon the above and foregoing
Findings of Fact and Conclusions of Law, the City Council does hereby
ORDER and this does ORDER:
1. The applicant's request for annexation and zoning of
approxilnately 10.00 acres to Lilnited Office (L-O) is gra11ted subject to the
terlns and conditions of this Order hereinafter stated.
2. The application is for an11exation and zoning of 10.00 acres. The
legal description shall be prepared by a Registered Land Surveyor, Licensed by
the State of Idaho, and shall conform to all the provisions of the City of
Meridian Resolution No. 158. The legal description for annexation must place
this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreelnent that provides in
the event the conditions therein provided are not Inet by the Developer that
the property shall be subject to re-zone and de-annexation from the City of
Meridian, which Agreement shall provide for the following conditiollS of use
and development; to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
3.A The Applicant shall use the subject property to develop, use alld
maintain professional office with any other uses permitted in the
subject zone only as a conditional use.
3.B. The Applicant shall develop the subject property in accordance
with the following conditions:
3.B.l Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 11-9-605.M. Plans will need to be
approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said
approval submitted to the Public W orl(s Department. No
variances have been requested for tiling of any ditches
crossing this project.
3.B.2 Any existing domestic wells and/or septic systems within
this project will have to be removed from their dOlnestic
seIVice per City Ordinance Section 5-7 -517 . Wells Inay be
used for non-domestic purposes such as landscape
irrigation.
3.B.3 Off-street parldng shall be provided in accordance with
Section 11-2-414 of the City of Meridia11 Zoning and
Developlnent Ordinance and/or as detailed in site-specific
requirements.
3.B.4 Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414.D.4 and 11-2-
414.D.5 of the City of Meridian Zoning and Developlnent
Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
3.B.5 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. All site drainage shall be contai11ed and
disposed of on-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
3.B.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-14.D.3.
3.B.7 All signage shall be in accordance with the standards set
forth in Section 11-2-415 of the City of Meridian Zonillg
and Development Ordinance. No temporary signage or
flashing signs will be permitted.
3.B.8 Applicants shall provide five-foot-wide sidewall(s in
accordance with City Ordinance Section 11-9-606.B.
3.B.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
3 .B.1 OApplicant shall enter into a License Agreement with Ada
County Highway District to construct, and perpetually
maintain, a 3D-foot wide buffer with a 4-foot high berm
and a 6-foot high solid, wooden fence on top of the berm
along the entire length of Lot 2 in the Amended Magic
View Subdivision. This obligation shall be appurtenant to
Lot 2.
3.B.IIApplicant shall construct a minimum 20-foot wide buffer
with a 4-foot high berm and a 6-foot high solid, wooden
fence on top of the berm along the entire le11gth of Lot 3 i11
the Amended Magic View Subdivision.
3.B .12Applicant shall be required to dedicate all right-of-way
along St. Luke's Street, and Magic View Drive by recorded
Warranty Deed or recorded plat prior to the issuance of
any building permits.
3.B.13The Applicant has submitted a draft site plan to provide a
general overview of expected development type location
and amenities. The proposed site plan proposes to the
dedication of a new public right-of-way. All public
easements shall be designated by plat or other document of
record showing their location.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
(
3.B.14Existing easements are shown on the recorded plat of the
Amended Magic View Estates Subdivision which will be in
conflict with the new proposed layout. Applicant shall
vacate conflicting easements prior to applying for building
permits.
4. The City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designatioll
of the real property which is the subject of the application to (L-O) Lilnited
Office District (Meridian City Code S 11-7-2 G).
5. Subsequent to the passage of the Ordinance provided for in
section 4 of this Order the engineering staff of the Public W orl(s Department
shall prepare the appropriate mapping changes of the official boundaries and
zoning maps as provided in Meridian City Code S 11-21-1 in accordance with
the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
NOTICE OF FINAL ACTION
Please tal<e notice that this is a final action of the governillg body of
the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected persol1
is a person who has an interest in real property which may be adversely
affected by the issuance or denial of the annexation and zoning and who lnay
within twenty-eight (28) days after the date of this decision and order seel( a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
7 ~ day of jVLJVL u?-
, 2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~'-
COUNCILMAN lCEITH BIRD
VOTED ~--
VOTED~
VOTED*
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED: $-7-00
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
(
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public
W orl(s Department and the City Attorney.
By:
Dated: J -- 7- tJ 0
...,.
-
....
msg/Z:\Work\M\Meridian I 5360M\Magic View\AZFfCIs
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
RECEIVED
FEB 2 8 2000
CITY OF MERIDIAN
BEFORE THE MERIDIAN CITY COUNCIL
In The Matter of A
CONDITIONAL USE PERMIT
FOR TEMPORARY PARIGNG
AND PRODUCT STORAGE ON
ADJACENT LOTS ZONED C-G
GARY BODILY, BODILY R.V.
)
)
)
)
)
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)
Case No. CUP-OO-OOI
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditio11al use permit application having COlne before
the City Council on February 15,2000, at tl1e hour of 7:30 p.ln., at Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Plal11ullg and ZOllil1g
Adlninistrator, appeared on behalf of the City of Meridial1, alld Michael Vance, 011 behalf
of the Applicant, appeared and testified, and 110 one appeared in oppositioll, and the City
COl.II1Cil having duly COl1sidered the evidence a11d the record i11 this Inatter and t11e
Reco1111uendatiollS to City Council issued by the Planlling alld Zonillg COlnmissiol1 who
conducted a public heari11g and the COUI1Cil having heard and tal(el1 oral and written
testilTIOny, al1d having duly considered the matter, the City Council hereby l11al<.es the
following Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
I. A notice of a public hearing 011 the conditiol1al use pem1it was published for
two (2) COllsecutive weel(s prior to the said public hearing scheduled for February 15,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - I
2000, before the City Council, the first publication appearing and written notice having
bee1111lailed to property owners or purchasers of record within three hUl1dred (300') feet
of the external bou11daries of the property under C011sideration lnore tl1al1 fiftee11 (15) days
prior to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one weel( before said hearing and the copies of
all notices were Inade available to newspaper, radio and television statiollS as public service
allnouncelnents; and the matter having been duly considered by the City Council at the
February 15, 2000, public hearing; and the applicant, affected property OWl1ers, and
govermnent subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and SUblIDt evidence.
2. There has beell C0111pliallce with all notice and hearillg requirelnents set forth
ill Idaho Code S67-6509, 6512, and Sll-2-416E and 418E as evidellced by the Mfidavit
of Mailing, and the Mfidavit of Publication alld Proof of PoSti1lg filed with the staff report.
3. This proposed development request is in a (C-G), General Retail alld Service
Comlnercial District, by reason of the provisions of the Meridian City Code S 11-17 -4, a
public hearing was required before the City Council 011 this applicatioll.
4. The property is located at 203 E. First St., Meridiall, Idaho.
5. The owners of record of the subject property are T&T Illvestmel1ts of
Meridian, and E. Coryell of Meridial1.
6. Applicant is Gary Bodily, Bodily RV of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - 2
7. The subject property is currently zoned General Retail and Service
Comlnercial (C-G). The zoning district of C-G is defined within the Meridia11 City Code
S 11-7-21(.
8. The proposed application requests a conditional use perlTIit for proposed
telnporary parking and product storage on adjacent lots. The C-G zoning desigIlation
within the City of Meridiall ZOni11g a11d Development Ordinance requires a conditiol1al
use perlTIit be obtained for lTIOst uses including those requested by the Applicant.
9. The use proposed within the subject applicatioll will in fact, constitute a
conditio11al use as determilled by City Ordinance.
10. The Meridian City Council tal(es judicial notice of its Zonillg, Subdivision
a11d Developll1ellt Ordinances codified at Titles 11 and 12, Meridian City Code a11d all
current zoning maps thereof and the Comprehensive Plall of the City of Meri~ia11, and
Maps and the Ordinance establishing the Ilnpact Area Boundary.
11. Giving due consideration to the COlnment received from the governn1elltal
subdivisions providing services in the City of Meridian planning jurisdictio11 pllblic
facilities alld services required by the proposed developlnel1t will not impose expense UpOll
the public if the following conditions of development are inlposed and the following is also
found to be required to mitigate the effects of the proposed use a11d development Up011
services delivered by political subdivisions providing services to the subject real property
within the plalmillg jurisdiction of the City of Meridian:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOl) - 3
(
11.1 No additional sewer or water seIVice is proposed as part of this application,
and none is approved.
11.2 No additional signage is proposed as part of this applicatioll, and none is
approved.
11.3 If temporary gravel parlGng is approved, the access driveways should be
paved their full required width aIld at least 30 feet beyond the edge of
pavement to prevent Inigration of gravel onto the public roadway.
11.4 Wrecked vehicles shall not be visible form public rights-of-way.
11.5 Parldng areas shall be used only for telnporary overflow a11d elnployee
parking. Long-terlTI customer RV storage is not approved as part of this
conditional use pennit.
11.6 The temporary conditional use pennit shall be limited to 18 lnonths and
may not be transferred to other tenants/owners.
12. The proposed uses withi11 the subject application will be harlllonious vvitll
and in accordance with the Meridian COlnprehensive Plan and the City of Meridia11
Zoning and Development Ordinance because:
12.1 The subject property is desigIlated on the "Ge11eralized Land Use Map" as
"existing urban" .
13. The uses proposed within the subject application subject to the conditions
herein ordered will be designed, constructed, operated and mailltailled to be hannollious
and appropriate in appearance or intended character of the general vici11ity a11d that such
uses vvillll0t change the intended essential character of the saIne area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-DO-DOl) - 4
14. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
IS. The uses proposed within the subject applicatiol1 will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
16. The uses proposed within the subject application will not involve uses,
activities, processes, lnaterials, equipment and COllditions of operation that will be
detriluelltal to any persons, property or the general welfare by reaS011 of excessive
production of traffic, noise, smol(e, fumes, glare or odors.
17. The developlnent will not result in the destruction, loss or damage of natural
or scenic feature of luajor importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for COllvenience as the "Act"
codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian Planning and Zoning COffilnission Inay exercise all the powers
required a11d authorized under the "Act" except the power to adopt ordi11ances by the
establishment of a Planning and Zoning ComlIDssion by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - 5
the passage of the "City of Meridian Zoning and Developlnent Ordinallce" at Titles XI alld
XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing a11d
notice provisioll required, provide for the process of special and/or conditional use perlnits
which a proposed use is otherwise prohibited by the terms of the ordil1a11ce but allowed
with conditions under the specific provisions of the ordina11ce which the City of Meridian
has d011e in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use pennit to determine prior to gra11ting the
same that the evidential showing supports the finding that the following standards are Inet
and that the proposed development:
(s 11-1 7 - 2 , City of Meridian Zoning and Developlnent Ord.):
a. Will, in fact, constitute a conditional use as deterlnined by City policy;
b. Will be harlnonious with and ill accordance with the Comprehensive Plal1
al1d this Ordinance;
c. Will be designed, constructed, operated and lnailltained to be harmo11ious
and appropriate in appearance with the existing or inte11ded character of the gelleral
vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboril1g uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - 6
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, activities, processes, materials, equipment and
C011ditiollS of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, sITIol(e, flllTIeS, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scellic
feature of major importance.
5. Prior to granting a conditional use permit in a Mediuln High Dellsity
Residential District (R-15), a public hearing shall be conducted with 110tice to be
published and provided to property owners or purchasers of record vvithin three hUlldred
feet (300') of the external boundaries of the land under COllsideration for the conditional
use pennit all in accordance with the provisions of Sectioll 11-17 -4 City of Meridian
ZOl1ing and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the COlTIlnissioll
and Council shall follow notice and hearing procedures provided in Section 11-15,
Zoning Amendment Procedures, of this Ordinance. Provided, however, that
Conditional Use applications for land in Old TOW1l and in Industrial and
Commercial Districts shall only be required to have one public hearing which shall
be held before the Planning and Zoning Commission and after the recomluendation
of the COlnmission is luade the application shall go before the City Council without
a public hearing and the Council may approve, de11Y, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, translnit its recommendations to the Meridian City
Council vvith supportive reasons. The Commission shall recommend that the application
be approved, approved vvith conditions or denied. The COmmiSSi011 shall ensure that allY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - 7
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 11-17 -6), City of Meridian Zoning and Development
Ordinance. )
7. When the City Council approves a cOllditional use perlnit it may ilnpose
conditiollS of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and tilning of development;
C. Control the duration of developlnent;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the developluent;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, i11 this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area a11d
the Comprehensive Plan of the City of Meridian, which was adopted Decelnber 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE ANn FOREGOING FINDINGS OF
PACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - 8
1. That the above nalned applicant is granted a conditiollal use perlnit for
temporary parking and product storage on adjacent lots zoned C-G, subject
to the following conditions of use and development:
1.1 No additional sewer or water service is proposed as part of this applicatio11,
and none is approved.
1.2 No additional signage is proposed as part of this application, alld 110ne is
approved.
1.3 Temporary gravel parldng is approved, but, the access driveways shall be
paved their full required width and at least 30 feet beyond the edge of
pavement to prevent lTIigration of gravel onto the public roadway.
1.4 Wrecl(ed vehicles shall not be visible from public rights-of-way.
1.5 Parking areas shall be used only for temporary overflow alld employee
parldng. Long-terlTI customer RV storage is not approved as part of this
conditional use permit.
1.6 The temporary conditional use pennit shall be lilnited to 18 montlls and
may not be transferred to other tenants/owners.
2. The conditions shall be reviewable by the COll1mission pursuant to Meridiall
City Code S 11-17-9.
3. The above c011ditions are concluded to be reasonable and the applicant shall
lueet such requirements as a condition of approval of the application for a conditio11alllse
perluit.
4. That the City Attorney draft a11 Order Granting Conditiollal Use Perlnit in
accordance with this Decision, which shall be signed by the Mayor alld City Clerl( alld
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - 9
thell a copy served by the Clerl( upon the applicant, the Planning and Zoni11g
Department, the Public W or1(s Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please tal(e notice that this is a final action of the governing body of the City of
Meridian, pursua11t to Idaho Code s 67 -6521 an affected person bei11g a person who has
an interest in real property which Inay be adversely affected by the issuance or denial of
the conditional use permit Inay 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 February 15, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED ~
COUNCILPERSON KEITH BIRD VOTED-*-L-
COUNCILMAN TAMMY deWEERD VOTED*,
COUNCILMAN CHERIE McCANDLESS VOTED *
MAYOR ROBERT D. CORRIE (TIE BREAlCER) VOTED
DATED: :3--1,- 00
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOI) - 10
(
MOTION: ~l _
APPROVE~ ~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public W orl(s
Department and the City Attorney.
By:~~A~4~
City Clerk f/
Dated: J-7-tJtJ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY GARY BODILY, BODILY RV (CUP-OO-OOl) - 11
RECEIVED
FE B 2 8 2000
CITY OF MERIDIAl\
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
GARY BODILY, BODILY R.V., FOR A )
CONDITIONAL USE PERMIT FOR )
TEMPORARY PARIGNG AND PRODUCT )
STORAGE ON ADJACENT LOTS ZONED C-G, )
LOCATED 203 E. FIRST STREET, MERIDIAN, )
IDAHO )
)
)
02-23-00
CASE NO. CUP-DO-DOl
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 7th day of March, 2000,
LInder the provisions of Meridian City Code S 11-1 7 -4 for final action 011 conditiol1al
Lise permit applicatio11 and the Council havi11g received al1d approvi11g the
Recoffilnendation of the Planlling and Zoni11g COlumission the Cou11cil tal(es the
following action:
1. That the Applicant and owner of the property is gra11ted a conditional use
permit for the proposed applicatioll request of a conditional use perlnit for the
construction, developll1ellt, Inaillte11al1ce a11d use for telnporary parldng al1d product
storage on adjacent lots, as described ill the PLAN, Dated: Novell1ber 22, 1999, for
the developmel1t of the aforelnentioned projects alld which property is described as
follows:
Parcel #3503 of Government Lot # 1
Parcel #3262 of NWI/4 NW 1/4
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE I OF 3
GARY BODILY, BODILY R.V. / CUP-OO-OOI
2. That the above nalned applicant is grallted a conditional use perlnit for
temporary parldng and product storage on adjacent lots, located at 203 E. First
Street, Meridian, Idaho, subject to the following conditions of use and development:
2.1 No additional sewer or water service is proposed as part of this application, a11d
none is approved.
2.2 No additional signage is proposed as part of this application, alld 110lle is
approved.
2.3 Temporary gravel parldng is approved, but, the access driveways shall be paved
their full required width and at least 30 feet beyond the edge of pavement to
prevent lnigration of gravel onto the public roadway.
2.4 Wrecl(ed vehicles shall not be visible frOlTI public rights-of-way.
2.5 Parldng areas shall be used only for tell1porary overflow alld elnployee parld11g.
Long-term customer RV storage is not approved as part of this cOllditionalllse
p erllli t.
2.6 The temporary conditional use permit shall be limited to 18 Inollths al1d may
not be transferred to other tel1ants/owners.
3. The above conditions are concluded to be reasol1able al1d the applicant shall
meet such requirelne11ts as a condition of approval of the applicatio11 for a cOl1ditional
use perluit.
4. Notice to Perluit Holder, this conditional use pennit is not transferable
without complying with the provisions of Meridian City Code S 11-17-8, a copy of
which is attached to this permit.
By action of the Gity Council at its regular meeting held 011 the
fJZ ~cA- , 2000.
JIf-
day of
I~
ert D. Corrie, Mayor City of Meridian
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 3
GARY BODILY, BODILY R.V. / CUP-OO-OOl
(
Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s
Department and City Attorney.
~~ ~
By: . tL....: , .
ity Clerl( .
Dated: J-l--tJtJ
msg/Z:\Work\M\Meridian I 5360M\Bodily RV CUP\CUPOrder
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 3
GARY BODILY, BODILY R.V. / CUP-aD-DOl
BEFORE THE MERIDIAN CITY COUNCIL
RECEl\7ED
MAR ~ f 2000
CITY OFMERIDL4}~
02-29-00
IN THE MATTER OF THE )
APPLICATION OF DEVELOPERS )
DIVERSIFIED REALTY CORP. )
C/O DAI(OTA COMPANY, INC., )
FOR A CONDITIONAL USE )
PERMIT FOR COMMERCIAL )
EXPANSION OF THE MERIDIAN )
CROSSROADS SHOPPING )
CENTER (WALMART), LOCATED )
AT THE SOUTHEAST CORNER )
OF RECORDS DRIVE AND )
FAIRVIEW AVENUE, MERIDIAN, )
IDAHO )
)
Case No. CUP-OO-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
This above entitled COllditional use pennit applicatio11 havil1g COll1e before
the City Council for public hearing on February 15,2000, at the hour of 7:30 p.lll., at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and
COl1clusions of Law and Recomlnendation to City Council issued by the Plan11i11g alld
ZOlung COlnmission who conducted a public hearing and having heard and tal(e11 oral a11d
written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified at the hearing, and appearillg and testifying were Larry Durldll, Presidellt of
Dal(ota COlnpany, and Patricl( Dolby who prepares traffic impact studies for Walmart, alld
affected property owners who appeared alld testified were: I(evin Trosclair and Emery Hill,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAICOTA COMPANY INC. / CUP-OO-004
and having duly considered the matter and the Planning and Zoning COllll11ission lnade
the following Findings of Fact and Conclusions of Law and Recommendatiol1 to City
Council, and the City Council having received the staff report and the record made before
the Planning and Zoning COlnmission, and being fully advised in the prelnises, the COUllCil
finds alld concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
1. Idaho Code S 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council nlay provide
for the processing of applications for special or cOl1ditional
use permits; and
(B) That a special use permit may be granted to an applicant if
the proposed use is otherwise prohibited by the terlns of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinallce, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plal1; and
(C) That upon the granting of a special use pennit, conditions
may be attached to a special use pennit, including, but not
limited to, those:
1) Minimizing adverse impact on other developlnel1t;
2) Controlling the sequence and tilning of developll1ent;
3) Controlling the duration of developluel1t;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAl(OTA COMPANY INC. / CUP-OQ-004
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally required in
an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by allY
political subdivision, including school districts,
providing services within the planning jurisdictioll.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactlnent of Meridian
City Code S 11-17-2.
3. Idaho Code 8 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code whicl1 Act is
known as the "Local Land Use Planlli11gAct of 1975."
4. The City of Meridia11 has enacted the COlnprehellsive Plall City of
Meridia11 adopted Decelnber 21,1993, Ordinance No. 629, January 4,1994.
5. Prior to granting a conditional use permit in a COlnmunity Busil1ess Z011e
(C-C), a public hearing shall be conducted with notice to be published al1d provided to
property OWllers or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code 8 11-1 7 -5, which provides as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAI(OTA COMPANY INC. / CUP-OQ-004
"Prior to approving a C011ditional Use Permit, the applicant and the
Conunission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applicatio11s
for land in Old Town and in industrial and conunercial districts shall only be
required to have one public hearing which shall be held before the Planning and
Zoning Commission; and after the recommendation of the COlmnissio11 is made,
the application shall go before the City Council withollt a public heari11g and the
Council may approve, deny, or modify the reconunendatio11 of the
COffilnission. "
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
I. A notice of a public hearillg on the conditional use pennit was published
for two (2) consecutive weelcs prior to the said public hearing scheduled for February
15, 2000, before the City Council, the first publication appearing and written notice
having been Inailed to property OWl1ers or purchasers of record within three hUl1dred
feet (300') of the external boundaries of the property under consideration lTIOre than
fifteen (15) days prior to said hearing and with the notice of public hearillg having
been posted upon the property under consideration more than one weel( before said
hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the Inatter having been duly
considered by the City Council at the said February 15, 2000, public hearing; alld the
Applicant, affected property owners, and government subdivisions providillg services
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAlCOTA COMPANY INC. / CUP-OO-004
within the planning jurisdiction of the City of Meridian, having beel1 given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirelnents set
forth in Idaho Code ss67-6509 and 67-6512; and Meridian City Code ss 11-15-5 a11d
11-17 -5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and
Proof of Posting filed with the staff report.
3. Council tal(es judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted Decelnber 21, 1993 Ordinance #629 - Jalluary 4, 1994 alld Maps alld tl1e
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at the southeast corner of Records Drive and
Fairview Avenue, Meridian, Idaho.
5. The owners of record of the subject property are Herlnes Associated
Lilnited and Developers Diversified Realty Corp. of Beechwood, Ohio; Daniel G.
Gibson Jr. and Carolyn A. Gibson of Caldwell, Idaho; Timothy T. Gibson of Boise,
Idaho.
6. Applicant is Developers Diversified Realty Corp. of do Dal(ota C011lpa11Y
Inc. of Boise, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DA1(OTA COMPANY INC. / CUP-OO-004
7. The subject property is currently zoned Community Business (C-C). The
zoning district of C-C is defined within the City of Meridian Zoning and Developlnent
Ordinance, Section 11-7-2 I.
8. The proposed application requests a conditional use permit for the
expansion of Meridian Crossroads Shopping Center, specifically a Wallnart. The C-C
zoning designation within the City of Meridian Zoning and Developlnent Ordinance
requires a conditional use permit be obtained for most uses including those requested
by the Applicant.
9. The Meridian City Council recognizes that the proposed application is in
cOlnpliance with the Meridian COlnprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as detennined by City Ordinance.
11. The requested conditional use is required as a condition of the
development agreement at Sections 6. Conditions Governing Developlnent of Subject
Property.
12. The requested conditional use is described in the SITE PLAN,
Dated: 2/3/00, Issue Date: 10/29/99, Project No. 981074, C-I0, BY: PACIFIC LAND
DESIGN, for the developlnent of the aforementioned expansioll of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAlCOTA COMPANY INC. / CUP-OO-004
Crossroads Shoppi11g Center, specifically a Walmart and which property is described
as:
Southeast comer of Records Drive and FailView Avenue, approximately 24 +/-
acres, Meridian, Idaho.
13. Giving due consideration to the comments received from the
goverluuental subdivisions providing selVices in the City of Meridian planning
jurisdiction, as herein provided for in the COllditions of approval, public facilities and
selVices required by the proposed development will not impose expense upon the
public if the conditions of developlnent, as set forth in the Decision and Order nUluber
2, are found to mitigate the effects of the proposed use and development upon services
delivered by political subdivisions providing selVices to the subject real property withill
the planning jurisdiction of the City of Meridian.
14. The use proposed within the subject application will in fact, constitute a
cOl1ditional use as determined by Council action and City Ordinallce.
15. The use proposed within the subject application will be subject
to the conditions as set forth in the Decision and Order under number 2, a11d will be
designed, constructed, operated and maintained to be harmonious and appropriate ill
appearance or intended character of the general vicinity and that such use will not
change the intended essential character of the saIne area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAICOTA COMPANY INC. / CUP-OO-004
16. The use proposed within the subject application will not be
hazardous or disturbing to existing or future neighboring uses.
17. The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police a11d
fire protection, drainage structures, refuse disposal, water and sewer.
18. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
19. The use proposed within the subject application will not involve
uses, activities, processes, Inaterials, equiplnent and conditions of operation that will be
detrilnental to any persons, property or the gelleral welfare by reason of excessive
production of traffic, noise, smol(e, fumes, glare or odors.
20. Sufficient parldng for the proposed use of the property will be
provided.
21. The use will not result in the destruction, loss or dalnage of natural
or scenic features of major importance relating to the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAI(OTA COMPANY INC. / CUP-OO-004
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
ORDER alld this does Order that:
1. That the Applicant and owner of the property, and is granted a
conditional use permit for the proposed application request of a conditiollal use perlnit
for the construction, development, maintenance and use for the expansion of Meridian
Crossroads Shopping Center, specifically a Walrnart, described in the SITE PLAN,
Dated: 2/3/00, Issue Date: 10/29/99, Project No. 981074, C-I0, BY: PACIFIC LAND
DESIGN, for the development of the aforementioned expansion of Meridia11
Crossroads Shopping Center, specifically a Walmart and which property is described
as:
Southeast corner of Records Drive and Fairview Avenue, approxilnately 24 +/-
acres, Meridian, Idaho.
2. The conditional use pennit granted herein is subject to the following terll1S alld
conditions:
2.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinallce 12-4-13. The
ditches to be piped should be shown on the site plans. Plans will11eed to
be approved by the appropriate irrigation/drainage district, or lateral users
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O OAICOTA COMPANY INC. / CUP-OO-004
association, with written confirmation of said approval submitted to the
Public W orl(s Departlnent.
2.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordina11ce.
Wells may be used for non-domestic purposes such as landscape
irrigation.
2.3 Off-street parlcing shall be provided in accordance with the City of
Meridian Zoning and Development Ordinance Section 11-13-4 and/or as
detailed in site-specific requirements, and in accordance with Americal1s
with Disabilities Act (ADA) requirements. All site drainage shall be
contained and disposed of on-site.
2.4 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C.
2.5 All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance. No telnporary sigIlage
or flashing signs will be permitted.
2.6 Determine the normal high groundwater elevation, and sublnit a profile
of the subsurface soil conditions as prepared by a soil scientist with the
design of site drainage plan.
2.7 Provide minilTIUm five-foot-wide pedestrian wall<ways along all roadways
and throughout the development in accordance with City Ordinal1ce
Section 12-5-2-1(.
2.8 All construction shall conform to the requirelnellts of the fu1lerical1s with
Disabilities Act.
2.9 Applicant shall be responsible for construction of the sewer and water
mains to and through this proposed development. Designer is to
coordinate main sizing and routing with the Public W orlcs Depart11le11t.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAICOTA COMPANY INC. / CUP-OO-004
2.10 Applicant shall provide the Public Worl(s Department with infonnation
on anticipated fire flow and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should be
monitored with the Meridian Water Department to determine whether
adequate fire protection exists.
2.11 Applicant shall be required to enter il1to an Assessment Agreement for
water and sewer with the City of Meridian.
2.12 This development requires that a minimum of ten percent of the gross
land area be common open space. The applicant shall provide calculatiol1S
to show that this requirement is being met.
2.13 Detailed plans of the internal parking lots, including islands and
landscaping details shall be provided. All landscape islands must be at
least 6 feet wide.
2.14 A minilnum 20-foot landscape setbacl( beyond required right-of-way on
Fairview Avenue shall be required as a condition of approval.
2.15 Detailed signage plans includillg design and location are required for
approval.
2.16 Planting strips are required to be placed next to commercial uses to screell
the view from residential properties. Such screening shall be a mini mUlTI
of twenty feet (20') wide. The applicant is proposing a buffer 31 feet wide
with a six-foot-high masonry block wall. Drainage swales shall not be
included in this landscape buffer, nor along Fairview Avenue.
2.17 As the commercial uses are not cOlnpatible with the adjacent celnetery
use, minimum 20-foot-wide planting strips need to be provided along the
west side of the future Venture Street. Although significant landscaping
is shown on the northern portion of the parcel, this area is also ShOWl1 as
a "future retail pad and building". No building or use for the area is
approved as part of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAl(OTA COMPANY INC. / CUP-OO-004
2.18 Any drive-through facilities will be required to go through a separate
COl1ditional use pennit process, and none are approved with this
application.
2.19 Curbing shall be provided around all landscaped areas.
2.20 Five-foot-wide sidewall(s must be provided along Fairview Avenlle.
Provision also needs to be made for pedestrian sidewallcs withi11 the
development and particularly through the parkillg areas.
2.21 Provisions for bicycle racks need to be lnade in the developme11t.
2.22 Trash enclosures must be coordinated with Sanitary Services Inc. a11d
screened on at least three sides. Applicant shall provide a letter of
approval with sublnittal for Certificate of ZOID11g COll1plia11ce.
2.23 No handicapped parldng spaces are shown around retail bllildil1g #2
(30,000 s.f.). Each building must meet parldng requirements for standard
a11d handicapped parldng.
2.24 Applica11t shall provide updated, corrected parldl1g data as reql.lested by
Planlung and Zoning including required landscaping pla11s.
2.25 Applicant is responsible for maldl1g sure that none of the proposed
landscaping is located over an easement that would preclllde the
landscaping.
2.26 Loading facilities near residential areas have been a continual source of
noise cOlnplaints. The existing Conditional Use Perlnit requirelnel1ts
related to noise abatelnent adequately address these concerns.
2.27 Acceleration/deceleration lanes l1eed to be provided on Eagle Road al1d
Fairviewas part of this developlnent per the Ada COUl1ty Highway
District Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DA1(OTA COMPANY INC. / CUP-OO-004
Adopt the Recommendations of the Ada County Highway District as follows, or as
subsequently revised and approved by the Ada County Highway District
Cormnissioners:
2.28 Applicant shall dedicate sufficient additional right-of-way to total 60-feet
from section line of Fairview Avenue abutting the entire site. The right-of-
way shall be dedicated by means of recordation of a final subdivision plat
or execution of a warranty deed prior to issuance of allY Certificate of
Occupancy.
2.29 Applicant shall construct a 5-foot wide concrete sidewall( on Fairview
Avenue abutting the site prior to issuance of any Certificate of
Occupancy. The construction plans for the development showing the
sidewalk must be approved prior to issuance of a building permit.
2.30 Applicant shall construct three curb returl1 driveways with 25-foot curb
radii on Fairview Avenue. The driveways shall be located and C011structed
as follows:
.
Locate the western driveway 220-feet east of Records Drive.
Construct the driveway 24 to 30-feet wide and provide a
minilTIUm storage length of 50-feet for the i11-bound and
out-bound approach.
.
Locate the lniddle driveway 600-feet east of Records Drive.
Construct the driveway 60-feet wide with two in-bound
lanes, an island, and two out-bound lanes. Provide a
minimum storage length of 75-feet for the outbound lanes
and I 00- feet for the inbound lanes.
.
Locate the eastern driveway 220-feet west of the proposed
Venture Street. Construct the driveway 30-feet wide and
provide a minimum storage length of 50-feet for the in-
bound and out-bound approach.
Applicant shall install 30' by 30" high intensity STOP signs at all three
driveway's intersections with Fairview Avenue. Applicant shall coordillate
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAICOTA COMPANY INC. / CUP-OO-004
the design, storage length and location of the driveways with District
staff.
2.31 Applicant shall construct a six-inch raised median in the center of
Fairview Avenue, from a point 10-feet east of the stop bar at the Fairview
Avenue/Records Drive intersection to a point 50-feet east of the easten1
edge of western driveway. Coordinate the design and location of the
median with District staff. Submit a design of the median to the District's
Traffic Service's Supervisor for review and a letter of approval.
2.32 Applicant shall construct a six-inch raised median in the cellter of
Fairview Avenue, from a point 10-feet west of the stop bar at the Fairview
Avenue/V enture Street intersection to a point 50-feet west of the western
edge of the driveway. Coordinate the design and location of the median
with District staff. Submit a design of the median to the District's Traffic
Service's Supervisor for review and a letter of approval.
2.33 Applicant shall construct three curb return driveways with IS-foot curb
radii on Records Drive. Locate and construct the driveways as follows:
.
Locate the northern driveway 17S-feet south of Fairview
Avenue, and construct as a 24 to 30-feet wide curb retunl
driveway with 15-foot curb radii.
.
Locate the middle driveway 400-feet south of Fairview
Avenue, and construct as a 30 to 36-feet wide curb retunl
driveway with IS-foot curb radii.
.
Locate the southern driveway 40-feet north of the south
property line, and construct as a 30 to 36-feet wide curb
return driveway with IS-foot curb radii.
The minimum storage length shall be 50-feet. Install 30" by 30" high
intensity STOP signs at the driveway's intersections with Records Drive.
2.34 Applicant shall construct Venture Street along the eastern property line
according to Ada County Highway District standards and requirements.
Venture Street shall be located off Fairview Avenue to align with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAICOTA COMPANY INC. / CUP-OO-004
existing Venture Street on the north side of Fairview Avenue. The
location of the Venture Street/Fairview Avenue intersection shall be
coordinated with District staff.
2.35 Applicant shall locate any proposed driveway on Venture Street a
minimum of 175-feet south of Fairview Avenue. Construct the driveway
as a 24 to 30-foot wide curb return driveway with IS-foot curb radii.
Coordinate the location and design of the driveway with District staff.
2.36 Prior to opening of the development, construct pavement widening on
Fairview Avenue to one half of an 89-foot street section abutting the
parcel (approximately 2,460-feet). The applicant will not be compensated
for this construction.
2.37 Prior to beginning a phase of the development that exceeds 450,000 gross
square feet, construct the needed improvements to create dualleft-tum
lanes on the two Fairview Avenue approaches of the Eagle/Fairview
intersection and right-turn lanes on all legs of the intersection.
2.38 The applicant shall be required to construct the needed improveme11ts to
create dual left-turn lanes on the two Eagle Road approaches of the
Eagle/Fairview intersection when the site development reaches 450,000
GSF.
2.39 Prior to opening of the developluent, construct pavement widening 011
Fairview Avenue to add one eastbound lane from Eagle Road to a point
500-feet west where the existing improvements end.
2.40 Other than the access points specifically approved with this application,
direct lot or parcel access to Records Drive or Fairview Avenue is
prohibited.
Adopt the Recolllluendations of the Meridian Fire Department as follows:
2.41 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAI(OTA COMPANY INC. / CUP-OO-004
2.42 All testing of alarm system and sprinlder systems will be approved by the
Meridian Fire Department before building occupancy.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
2.43 Requires all laterals and wasteways be protected.
2.44 All municipal surface drainage shall be retained on site. If allY surface
drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans.
2.45 The Developer lnust contact the Nampa & Mepdian Irrigation District
for approval before any encroachment or change of right-af-way occurs.
Developer must co lnp ly with Idaho Code S 31-3805.
2.46 A Land Use change/Site Development application shall be filed with the
Irrigation District prior to final platting.
Adopt the Recolnmendations of the Central District Health Department as follows:
2.47 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.48 Run-off is not to create a mosquito breeding problem.
2.49 Stonnwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent ilnpact to groundwater and surface water
quality.
2.50 The Engineers and architects involved with the design of the sllbject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
2.51 A complete engineering report for Phase II of this subdivision is required.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAI(OTA COMPANY INC. / CUP-OO-004
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a conformed copy shall be served by the Clerl( upon the applicant, the Planning
and Zoning Department, Public Works Department and City Attorney and any
affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAICOTA COMPANY INC. / CUP-OO-004
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who
has all interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of this decision and order seel( a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
1-rl5
By action of the City Council at its regular meeting held on the
day
of /Jl2a~0'fv ,2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BIRD
VOTED$tL-
COUNCILMAN deWEERD
VOTED~!JJIzu;:)
COUNCILMAN McCANDLESS
VOTED~<-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAICOTA COMPANY INC. / CUP-OO-004
MAYOR ROBERT D. CORRIE (TIE BREAI<ER)
3----1-00
VOTED
DATED:
MOTION:
APPROVEDro
---------- ~
DISAPPROVED:
...-.
Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s
Department and City Attorney.
By:
Dated:
3~?-tJtJ
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 of 19
USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED
REALTY CORP. C/O DAI(OTA COMPANY INC. / CUP-OO-004
RECEIVED
MAR --1 2000
CITY OF MERIDlPJ'T
02-29-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATIER OF THE APPLICATION OF )
DEVELOPERS DIVERSIFIED REALTY CORP. )
C/O DAl(OTA COMPANY, INC., FOR A )
CONDITIONAL USE PERMIT FOR )
COMMERCIAL EXPANSION OF THE )
MERIDIAN CROSSROADS SHOPPING )
CENTER (W ALMART), LOCATED AT THE )
SOUTHEAST CORNER OF RECORDS DRIVE )
AND FAlRVIEW AVENUE, MERIDIAN, )
)
CASE NO. CUP-OO-004
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 7th day of March, 2000,
Ul1der the provisions of Meridian City Code S 11-17-4 for final action 011 conditiol1al
use perluit application and the Council having received and approving the
Recommendation of the Planning and Zoning COluluissiol1 the Council tal(es the
following action:
1. That the Applicant of the property is gral1ted a conditional use perluit for the
proposed application request of a conditional use permit for the construction,
developluent, maintenance and use for the expansion of Meridian Crossroads
Shopping Center, specifically a Walmart, as described in the SITE PLAN, Dated:
2/3/00, Issue Date: 10/29/99, Project No. 981074, C-IO, BY: PACIFIC LAND
DESIGN, for the development of the aforementioned expansion of Meridian
Crossroads Shopping Center, specifically a Wallnart and which property is described
as:
Southeast corner of Records Drive and Fairview Avenue, approximately 24 +/-
acres, Meridian, Idaho.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP-OO-004
2. That the above named applicant is granted a conditional use permit for the
expansion of Meridian Crossroads Shopping Center, specifically a Walmart, located
at southeast corner of Records Drive and Fairview Avenue, Meridian, Idaho, subject
to the following conditions of use and development:
2.1 Any existing irrigation/drail1age ditches crossing the property to be included in
this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigatiolvdrainage district, or lateral users association, with written
confirmation of said approval submitted to the Public W orl(s Department.
2.2 Any existing domestic wells and/or septic systems within this project will have
to be removed from their dOluestic service per City Ordinance. Wells Inay be
used for non-domestic purposes such as landscape irrigation.
2.3 Off-street parldng shall be provided in accordance with the City of Meridian
Zonil1g and Developluent Ordinarlce Section 11-13-4 and/or as detailed i11 site-
specific requirements, and in accordance with Americans with Disabilities Act
(ADA) requireluents. All site drainage shall be contained and disposed of 011-
site.
2.4 Outside lighting shall be designed and placed so as not to direct illulni11ation 011
any nearby residential areas and in accordance with City Ordinance Section 11-
13-4.C.
2.5 All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage or
flashing signs will be permitted.
2.6 Deterlnine the normal high groundwater elevation, a11d subluit a profile of the
subsurface soil conditions as prepared by a soil scientist with the design of site
drainage plan.
2.7 Provide minimum five-foot-wide pedestrian walkways along all roadways and
throughout the development in accordance with City Ordinance Section 12-5-
2- 1(.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP-OO-004
2.8 All construction shall conform to the requirements of the AInerica11s with
Disabilities Act.
2.9 Applicant shall be responsible for construction of the sewer and water l11ail1S to
and through this proposed development. Designer is to coordinate main sizing
and routing with the Public Works Departlnent.
2.10 Applicant shall provide the Public Works Department wlth information on
anticipated fire flow and domestic water requirements for the proposed site.
Flow and pressure from the existing mains should be monitored with the
Meridian Water Departl11ent to determine whether adequate fire protection
exists.
2.11 Applicant shall be required to enter into an Assessment Agreement for water
and sewer with the City of Meridian.
2.12 This development requires that a minimum of ten percent of the gross land area
be common open space. The applica11t shall provide calculatiol1s to show that
this requiremel1t is being met.
2.13 Detailed plans of the internal parking lots, includilLg islal1ds and landscaping
details shall be provided. All landscape islands must be at least 6 feet wide.
2.14 A minimum 20-foot landscape setbacl( beyond required right-of-way OIL
Fairview Avenue shall be required as a condition of approval.
2.15 Detailed siglLage plans including design and location are required for approval.
2.16 Planting strips are required to be placed next to cOlnmercial uses to screel1 the
view from residential properties. Such screening shall be a lninimunl of twenty
feet (20') wide. The applicant is proposing a buffer 31 feet wide with a six-foot-
high luasonry blocl( wall. Drainage swales shall not be included in this
landscape buffer, nor along Fairview Avenue.
2.17 As the commercial uses are not compatible with the adjacent celuetery use,
Ininiluum 20-foot-wide planting strips need to be provided along the west side
of the future Venture Street. Although significant landscaping is Sh0W11 011 the
northern portion of the parcel, this area is also shown as a "future retail pad
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP-OO-004
a11d buildi11g". No building or use for the area is approved as part of this
application.
2.18 Any drive-through facilities will be required to go through a separate
conditional use perlnit process, and none are approved with this application.
2.19 Curbing shall be provided around all landscaped areas.
2.20 Five-foot-wide sidewall(s luUSt be provided alo11g Fairview Ave11ue. Provisiol1
also 11eeds to be 111ade for pedestrian sidewall(s within the developlue11t a11d
particlllarly through t11e parldng areas.
2.21 Provisions for bicycle racl<.s need to be made i11 the development.
2.22 Trash enclosures must be coordinated with Sanitary Services Inc. and screened
on at least three sides. Applicant shall provide a letter of approval with
sublnittal for Certificate of Zoning Compliance.
2.23 No hal1dicapped parldl1g spaces are shown around retail building #2 (30,000
s.f.). Each buildi11g must Ineet parldng requirelnents for stal1dard a11d
handicapped parldng.
2.24 Applical1t shall provide updated, corrected parldng data as requested by
Plal111i11g and Zoning including required landscaping plans.
2.25 Applicant is responsible for 1naldng sure that none of the proposed landscaping
is located over a11 easel11ent that would preclude the landscaping.
2.26 Loading facilities near residential areas have been a contirlual source of 110ise
complaints. The existing Conditio11al Use Permit requirelnents related to noise
abateluent adequately address these concerns.
2.27 Acceleration/deceleration lanes 11eed to be provided on Eagle Road and Fairview
as part of this development per the Ada County Highway District Conditiol1s of
Approval.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP-OO-004
Adopt the Recomluendations of the Ada County Highway District as follows, or as
subsequently revised and approved by the Ada County Highway District
COlTIlUissioners:
2.28 Applicant shall dedicate sufficient additional right-of-way to total 60-feet frOlTI
section line of Fairview Avenue abutting the entire site. The right-af-way shall
be dedicated by means of recordation of a final subdivision plat or execution of
a warranty deed prior to issuance of any Certificate of Occupancy.
2.29 Applicant shall construct a 5-foot wide concrete sidewall( on Fairview Avenue
abutting the site prior to issuance of any Certificate of Occupancy. The
construction plans for the development showing the sidewall( luust be approved
prior to issuance of a building perluit.
2.30 Applicant shall construct three curb return driveways with 25-foot curb radii on
Fairview Avenue. The driveways shall be located and constructed as follows:
. Locate the western driveway 220-feet east of Records Drive.
Construct the driveway 24 to 30-feet wide and provide a lTIinilTIUn1
storage length of 50-feet for the in-bound and out-bound approach.
. Locate the middle driveway 600-feet east of Records Drive. C011struct
the driveway 60-feet wide with two in-boul1d lal1es, an island, and
two out-bound lanes. Provide a minimU1TI storage length of 75-feet for
the outbound lanes and laO-feet for the inbound lanes.
. Locate the eastern driveway 220-feet west of the proposed Vel1ture
Street. Construct the driveway 30-feet wide and provide a luil1ilTIUIU
storage length of 50-feet for the inbound and out-bound approach.
Applicant shall install 30' by 30" high intensity STOP signs at all three
driveway's intersections with Fairview Avenue. Applicant shall coordinate the desigt1,
storage length and location of the driveways with District staff.
2.31 Applica11t shall construct a six-inch raised median in the center of Fairview
Avenue, froln a point 10-feet east of the stop bar at the Fairview
Avenue/Records Drive intersection to a point 50-feet east of the eastern edge
of western driveway. Coordinate the design and location of the Inedian with
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP-OO-004
District staff. Submit a design of the median to the District's Traffic Service's
Supervisor for review and a letter of approval.
2.32 Applicant shall construct a six-inch raised median in the center of Fairview
Avenue, from a point 10-feet west of the stop bar at the Fairview
AvenueNenture Street intersection to a point 50-feet west of the western edge
of the driveway. Coordinate the design and location of the median with
District staff. Sublnit a design of the median to the District's Traffic Service's
Supervisor for review and a letter of approval.
2.33 Applicant shall construct three curb return driveways with IS-foot curb radii
on Records Drive. Locate and construct the driveways as follows:
. Locate the northern driveway I 75-feet south of Fairview Avenue, and
construct as a 24 to 30-feet wide curb return driveway with IS-foot curb
radii.
. Locate the middle driveway 400-feet south of Fairview Avenue, and
construct as a 30 to 36-feet wide curb return driveway with IS-foot curb
radii.
. Locate the southern driveway 40-feet north of the south property line, and
construct as a 30 to 36-feet wide curb return driveway with IS-foot curb
radii.
The minimUlTI storage length shall be 50-feet. Install 30" by 30" high intensity STOP
signs at the driveway's intersections with Records Drive.
2.34 Applicant shall construct Vel1ture Street along the eastern property line
according to Ada County Highway District standards and requireluents.
Vel1ture Street shall be located off Fairview Avenue to align with the existi11g
Venture Street on the north side of Fairview Avenue. The location of the
Venture StreetlFairview Avenue intersection shall be coordinated with District
staff.
2.35 Applicant shall locate any proposed driveway on Venture Street a lninilTIUm of
175-feet south of Fairview Avenue. Construct the driveway as a 24 to 30-foot
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA CO:MPANY, INC. / CUP-OO-004
wide curb return driveway with IS-foot curb radii. Coordinate the location al1d
design of the driveway with District staff.
2.36 Prior to opening of the development, construct pavement widening 011 Fairview
Avenue to one half of an 89-foot street section abutting the parcel
(approximately 2,460-feet). The applicant will not be compensated for this
construction.
2.37 Prior to beginning a phase of the development that exceeds 450,000 gross
square feet, C011struct the needed improvements to create dualleft-tllr11la11es
on the two Fairview Avenue approaches of the Eagle/Fairview intersection al1d
right-turn lanes on all legs of the intersection.
2.38 The applicant shall be required to construct the needed improvelnents to
create dual left-turn lanes on the two Eagle Road approaches of the
Eagle/Fairview intersection when the site development reaches 450,000 GSF.
2.39 Prior to opening of the development, construct pavement widening on Fairview
Avenue to add one eastbound lane from Eagle Road to a point 500-feet west
where the existing improvements end.
2.40 Other than the access points specifically approved with this application, direct
lot or parcel access to Records Drive or Fairview Avenue is prohibited.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.41 Applicants shall satisfy all fire code requirements including those pertaining to
water flow and fire hydrants.
2.42 All testing of alarm system and sprinlder systems will be approved by the
Meridian Fire Department before building occupancy.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
2.43 Requires all laterals and wasteways be protected.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP c/o DAKOTA COMPANY, INC. / CUP-OO-004
2.44 All municipal surface drainage shall be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drail1age
plans.
2.45 The Developer must contact the Nampa & Meridian Irrigation District for
approval before any encroachment or change of right-of-way occurs. Developer
must comply with Idaho Code S 31-3805.
2.46 A Land Use change/Site Developlnent application shall be filed with the
Irrigation District prior to final platting.
Adopt the Recollllnendations of the Central District Health Department as follows:
2.47 The Applicant's central sewage and central water plans must be sublnitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2.48 Run-off is not to create a mosquito breeding problem.
2.49 Stormwater shall be pretreated through a grassy swale prior to discharge to the
, subsurface to prevent impact to groundwater and surface water quality.
2.50 The Engil1eers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal a11d
design a stormwater management system that prevents groundwater and
surface water degradation.
2.51 A complete engineering report for Phase II of this subdivision is required.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not tral1sferable
without complying with the provisions of Meridian City Code S 11-17 -8, a copy of
which is attached to this permit.
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP-OO-004
(
By action of the City Council at its regular meeting held on the
/J?~ ,2000.
1~
day of
~
D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public W orIes
Departluent and City Attorney.
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Dated:
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9
DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP-OO-004
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D -L-A~il V JCj--U
MAR - 3 2000
CITY OF rvIERIDIM~
BEFORE THE MERIDIAN CITY COUNCIL
In The Matter of A )
CONDITIONAL USE PERMIT )
FOR EXPANSION OF EXISTING )
CHURCH FACILITY IN AN R-4 )
ZONE )
)
MERIDIAN FRIENDS CHURCH, )
)
APPLICANT. )
)
)
02-29-00
Case No. CUP-OO-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application haviI1g CaIne before
the City Council on February 15,2000, at the hour of 7:30 p.m., at Meridia11 City Hall,
33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Z011il1g
Admirtistrator, and appearing and testifying for the Meridian Friends Chllrch was I(e11
Redford, a11d no one appeared in opposition, and the City Council having duly considered
the evidence and the record in this Inatter and the Reconunendatiol1s to City COllncil
issued by the Planning and Zoning Commission who conducted a public hearing and the
Council having heard and tal(en oral and writtel1 testimony, and having duly c011sidered
the Inatter, the City Council hereby Inal(es the following Findings of Fact, COI1Clusio11S of
Law a11d Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 1
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use pennit was pllblished for
two (2) consecutive weel(s prior to the said public hearing scheduled for February IS,
2000, before the City Council, the first publication appearing and written 110tice havi11g
beel1111ailed to property owners or purchasers of record within three hUl1dred feet (300')
of the external boundaries of the property under consideration lTIOre than fifteen ( 15) days
prior to said hearing and with the notice of public hearing having been posted Up011 the
property under consideration more than one weel( before said hearing and the copies of
all notices were luade available to newspaper, radio and television statiol1S as public service
announcements; and the matter having been duly considered by the City Council at the
February 15, 2000, public hearing; and the applicant, affected property owners, al1d
goverl1ment subdivisions providing services within the planning jurisdiction of the City of
Meridial1, havil1g been given full opportunity to express COllline11ts a11d subnlit evide11ce.
2. There has been compliance with all notice and hearing reqllirelne11ts set forth
in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 al1d 11-17-5 as
evidenced by the Mfidavit of Mailil1g, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
3. This proposed development request is in an (R-4), Low Density Residel1tial
District, by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing
was required before the City Council 011 this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 2
4. The property is located at 1021 W. Pine Ave., Meridian, Idaho.
5. The owner of record of the subject property Meridian Friends C11urch, II1C.
of 1021 W. Pine Ave., Meridian.
6. Applicant is the owner of record.
7. The subject property is currently zoned Low Density Reside11tial (R-4). The
zoning district of R-4 is defined within the City of Meridian Zoning a11d Developlnent
Ordinance, Section 11-7-2 C.
8. The proposed application requests a conditional use pem1it for the existing
chllrch facility with a new sanctuary addition and paved parldng and landscaping. The R-4
zoning desigt1ation within the City of Meridian Zoning and Development Ordil1al1ce
requires a conditional use permit be obtained for most uses including those requested by
the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
cOluplia11ce with the Meridian Comprehensive Plan.
10. The use proposed within the subject applicatio11 will in fact, COl1stitute a
conditional use as determined by City Ordinance.
II. The Meridian City Council takes judicial 110tice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordina11ce establishing the Impact Area Boul1dary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 3
12. Giving due consideration to the conunent received froln the governlnelltal
subdivisio11s providing services in the City of Meridian planrling jurisdictiol1 public
facilities and services required by the proposed developlne11t will110t ilnpose expense
upon the public if the following conditions of development are il11posed a11d the
following is also fOUl1.d to be required to Initigate the effects of the proposed use al1d
development upon services delivered by political subdivisiol1s providing services to the
subject real property within the planni11g jurisdiction of the City of Meridia11:
Adopt the ReC01TIlnendations of Pla11ning and ZOIung and Engi11eering staff as follows:
12.1 Off-street parldng shall be provided in accordal1ce witl1 the City of
Meridian Zoning a11d Developlue11t Ordi11ance and i11 accordance with
.A1nericans with Disabilities Act (ADA) requirelnents. All site drainage
shall be contained and disposed of on-site.
12.2 Outside lighting shall be designed and placed so as to not direct
illulnination on any nearby residential areas and in accorda11ce witl1 City
Ordinance.
12.3 Applicallt shall determil1e the seasonal high groundwater elevatioll, and
submit a profile of the subsurface soil conditions as prepared by a soil
scientist with the design of site drainage pla11.
12.4 Applicant shall provide five-foot-wide pedestrian wallcways i11 accorda11ce
with City Ordinance.
12.5 All constmctiol1 shall conform to the requiren1ellts of the .A111erical1s with
Disabilities Act.
12.6 Sheet C 1.0 shows a one-way vehicular drive configuration around the
church building -17-foot aisle on the east side and a11 18.5-foot aisle 011
the west side. Both existing ingress/egress curb cuts off of Pil1e Street i11to
the site are two-way (30 feet wide). 011e-way directio11al signs shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 4
clearly posted within the site and arrows be painted on the pavel11el1t as
depicted on the plan.
12. 7 The Fire Department must approve the drive aisle widths as they are less
than the standard 20-foot nliniluum.
12.8 Applicant shall submit a 110tarized letter of consent from Bllrr
International, Inc. stating they agree to the proposed use of the well
house for the Church irrig~tion.
12.9 A IninilnUln four-foot-wide landscape strip is reqllired betwee11 the pllblic
sidewall( along Pine Street and the parldng lot.
12.10 Nine (9) of the 36 trees proposed on the la11dscape pla11 are technically
located off site within the II-foot strip of ground adjacent to the east
property line. At one (I) tree per 1,500 s.f. of asphalt, the site is reqllired
to have a total of 23, three-inch caliper trees (34,552 s.f. of asphalt).
12.11 All trash areas are to be enclosed by a screen on at least three sides.
Coordinate location and construction requirelnel1ts with Meridia11
Sa11itary Service, Inc., and provide a letter of approval with Sllb111ittal o~
the site plans prior to issuance of a Certificate of Zonil1g C0111plia11ce.
12.12 Applicant shall be required to enter into an Assessment Agreeme11t with
the City of Meridial1.
12.13 No additional signage is proposed, and nOl1e is approved with this
application. A-fraIne, banners, and other signage of a telnporary natllre is
strictly prohibited and will be removed upon 3 days l10tice to the
applicant. All signage is subject to design review and requires separate
pennits.
Adopt the Recolmnendations of the Central District Health Departlnent as follows:
12.14 Run-off is not to create a luosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 5
12.15 S torlnwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent ilupact to groundwater and surface water
quality.
12.16 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
The Planning and Zoning Commission further recommended:
12.17 The building tilne frame should not extend beyond 26 months.
13. The proposed uses within the subject application will be harmonious
with a11d in accordance with the Meridian Comprehensive Plan and the City of
Meridian ZOnil1g and Development Ordina11ce 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
C011ditio11S herein ordered will be designed, constructed, operated and Inaintained to be
harlnonious and appropriate in appearance or intended character of the gel1eral vicinity
al1d that such uses will not change the intended essential character of the san1e 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 al1d
fire protection, drainage structures, refuse disposal, water, and sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 6
17. The uses proposed within the subject application will 110t involve llses,
activities, processes, materials, equipment and conditions of operatiol1 that will be
detrimental to any persons, property or the general welfare by reason of excessive
productio11 of traffic, noise, smol(e, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scel1ic feature of Inajor importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planl1ing Act of 1975" hereinafter referred to for conveniel1ce as the
'(Act" codified at Chapter 65, Title 67, Idaho Code (I. C. s6 7 -6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Act" except the power to adopt ordi11ances
by the establishment of a Plalming and ZOnil1g Commission by ordil1al1ce pursual1t to
Idaho Code Section 67 -6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Developme11t
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special al1d/or C011ditiol1alllse
permits which a proposed use is otherwise prohibited by the terms of the ordil1a11ce but
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 7
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the saIne that the evidential showing supports the finding that the following standards
are lnet and that the proposed development: (Meridian City Code 9 11-1 7 -3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the COlnprehensive Plal1
and this Ordinance;
c. Will be designed, constructed, operated and maintained to be harmonious
al1d appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the saIne area;
d. Will not be hazardous or disturbing to existing or future neighbori11g uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
f. Will not create excessive additional requirelnents at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
comlnunity;
g. Will not involve uses, activities, processes, materials, equiplnent and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scel1ic
feature of l11ajor importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 8
5. Prior to granting a conditional use pernlit in a Low Density Residential
District (R-4), a public hearing shall be conducted with notice to be published a11d
provided to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the land under consideration for the conditional use
perlnit all in accordance with the provisions of Meridian City Code 9 11-17 -5 City of
Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided i11
Chapter 15 of this Title. Provided, however, that conditio11al use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning al1d
Zoning Cornlnission; and after the recolnrnendation of the Cornluission is lnade,
the applicatiol1 shall go before the City Council without a public hearing a11d the
COllncil may approve, deny, or modify the recommendation of the
COlnmission. "
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The COlTIlnission shall recolnmend
that the applicatio11 be approved, approved with conditions or denied. The
COlnrnissio11 shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive PIal1, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code 9 11-1 7 -6 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 9
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasol1ably:
A. Minimize adverse ilnpact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the developluent;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Ilnpact Area al1d
the Comprehensive Plan of the City of Meridian, which was adopted Decel11ber 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
1. That the above named applicant is granted a conditional use perlnit for
the existing church facility with a new sanctuary addition and paved parldng and
landscapi11g, subject to the following conditions of use and development:
1.1 Off-street parldng shall be provided in accordance with the City of
Meridian Zoning and Development Ordinance and il1 accordance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 10
Americans with Disabilities Act (ADA) requirelnel1ts. All site draillage
shall be contained and disposed of on-site.
1.2 Outside lightil1g shall be designed and placed so as to 110t direct
illumination on any 11earby residential areas al1d in accordance with City
Ordinal1ce.
1.3 Applicant shall detennine the seasonal high groundwater elevatio11, and
submit a profile of the subsurface soil conditions as prepared by a soil
sciel1tist with the desigI1 of site drainage plal1.
1.4 Applicant shall provide five-Foot-wide pedestrian wall<ways in accordallce
with City Ordinance.
1.5 All COI1Structioll shall conforln to the requirelnents of the Arl1erica1ls vvitl1
Disabilities Act.
1.6 Sheet C 1.0 shows a one-way vehicular drive C011figtlratiol1 arol111d tIle
church building -17 -foot aisle on the east side al1d all 18.5-foot aisle 011
the west side. Both existing ingress/egress curb cuts off of Pine Street i11to
the site are two-way (30 feet wide). One-way directio11al sigI1s shall be
clearly posted within the site and arrows be painted on the pavelnel1t as
depicted on the plan.
1.7 The Fire Department Inust approve the drive aisle widt11s as they are less
than the standard 20-foot IninilnUln.
1.8 Applicant shall sublnit a notarized letter of consent from .Burr
International, Inc. stating they agree to the proposed LIse of the well
house for the Church irrigation.
1.9 A IninimUl11 four-foot-wide landscape strip is required betwee11 the pllblic
sidewall( along Pil1e Street and the parldng lot.
1.1 0 Nine (9) of the 36 trees proposed on the landscape plal1 are technically
located off site within the II-foot strip of ground adjacent to tl1e east
property line. At one (1) tree per 1,500 s.f. of asphalt, the site is required
to have a total of 23, three-inch caliper trees (34,552 s.f. of asphalt).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRlENDS CHURCH (CUP-OO-002) - II
1.11 All trash areas are to be enclosed by a screen on at least three sides.
Coordinate location and construction requirements with Meridia11
Sanitary Service, Inc., and provide a letter of approval with sublnittal of
the site plans prior to issuance of a Certificate of Zoning Compliance.
1.12 Applicant shall be required to enter into an Assesslnent Agreelnent with
the City of Meridian.
1.13 No additional sigt1age is proposed, and none is approved with this
application. A-frame, banners, and other signage of a telnporary nature is
strictly prohibited and will be removed upon 3 days notice to the
applicant. All signage is subject to design review and requires separate
penni ts.
1.14 Run-off is not to create a Inosquito breeding problem.
1.15 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.16 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stonnwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
1.17 The building time frame should not extend beyond 26 lnonths.
2. The conditions shall be reviewable by the Commission pursua11t to
Meridian City Code S 11-1 7-9.
3. The above conditions are concluded to be reasonable and the applicant
shalllneet such requirements as a condition of approval of the application for a
conditional use permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 12
4. That the City Attorney draft an Order Granting Conditional Use Perlnit
In accordal1ce with this Decision, which shall be signed by the Mayor and City Clerl(
a11d then a copy served by the Clerl( upon the applicant, the Planning a11d Z011i11g
Department, the Public W orl(s Department and any affected party requesti11g 11otice.
NOTICE OF FINAL ACTION
Please tal(e notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67 -65 21 an affected perso11 beil1g a perso11
who has an interest in real property which may be adversely affected by the iSSlla11ce
or denial of the conditional use permit 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.
!J1d/l,-CIt--- '0 '2000.
By action of the City Council at its regular meeting held~Februal)? 15, 20etT:
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
COUNCILPERSON I<EITH BIRD
VOTED ffLti.-'
COUNCILMAN TAMMY deWEERD
VOTED$~
COUNCILMAN CHERIE McCANDLESS
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 13
('
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED:
VOTED
MOTION:
APPROVE~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public W orl(s
Departlnent and the City Attorney.
By:
Dated:
3.r1-tJtl
lTISg/Z:\ W ork\M\Meridian 15360M\Friends Church\CUPFindings.vvpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT BY MERIDIAN FRIENDS CHURCH (CUP-OO-002) - 14
f
I
(
RECEIVED
MAR - 3 2000
CITY OF MERIDIAN
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATIER OF THE APPLICATION OF )
THE MERIDIAN FRIENDS CHURCH FOR A )
CONDITIONAL USE PERMIT FOR )
EXPANSION OF EXISTING CHURCH )
FACILITY IN AN R-4 ZONE, LOCATED AT )
1021 W. PINE AVENUE, MERIDIAN, IDAHO )
)
)
)
02-29-00
CASE NO. CUP-OO-002
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter COIning before the City Council 011 the 7th day of Marcl1, 2000,
under the provisions of Meridian City Code S 11-1 7 -4 for final actio11 011 conditiol1al
LIse permit applicatiol1 and the Cou11cil having received al1d approving the
ReC01TI1TIe11dation of the Planl1ing and Zoning Comlnission the Council tal(es the
following actio11:
1. That the Applicant of the property is granted a conditional use perluit for the
proposed applicatiorl request of a conditional use perlnit for the C011strLlction,
developlnent, maintel1ance and use for the existil1g church facility with a l1ew
sanctuary addition and paved parldng and landscaping, as described in the SITE
DEVELOPMENT PLAN, Dated: 12/1/99, Job No. CD8-227-99, SHEET Cl.G,
Drawn: DF, Checl(ed: HUe, BY: DESIGN STUDIO, for the development of the
aforementio11ed existing church facility with a l1ew sanctuary additiol1 al1d paved
parldng and lal1dscaping and which property is described as:
The West 1/2 of Lot 2 Westlawn Subdivisio11, located i11 the N 1/2 of the SW 1/4
of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4
MERIDIAN FRIENDS CHURCH / CUP-OO-002
2. That the above named applical1t is granted a cOl1ditional use permit for the
existing church facility with a new sanctuary addition and paved parldng al1d
landscaping, located at 1021 W. Pine Avenue, Meridian, Idaho, subject to the
following conditiollS of use and development:
2.1 Off-street parldng shall be provided in accordance with the City of Meridian
Zoning and Development Ordinance and in accordance with Atnericans with
Disabilities Act (ADA) requirements. All site drainage shall be contail1ed a11d
disposed of on-site.
2.2 Outside lighting shall be designed and placed so as to not direct illu111ination 011
any nearby residential areas and in accordance with City Ordinance.
2.3 Applicant shall deterlnine the seasonal high groundwater elevatiol1, and sublnit
a profile of the subsurface soil conditions as prepared by a soil scielltist with the
design of site drainage plan.
2.4 Applicant shall provide five-foot-wide pedestrian wall<ways in accordance witl1
City Ordi11ance.
2.5 All constructiol1 shall cOl1forn1 to the reqllirelnents of the Atnerical1s wit11
Disabilities Act.
2.6 Sheet C 1.0 shows a one-way vehicular drive COl1figuratio11 aroulld the cllurch
building -17 -foot aisle 011 the east side and an 18.5-foot aisle on the west side.
Both existing il1.gress/egress curb cuts off of Pine Street into the site are two-way
(30 feet wide). 011e-way directional signs shall be clearly posted within the site
a11d arrows be painted on the pavement as depicted on the plal1.
2.7 The Fire Department must approve the drive aisle widths as they are less than
the standard 20-foot minimum.
2.8 Applicant shall sublnit a notarized letter of consent froln Burr Interl1.ational,
Inc. stating they agree to the proposed use of the well house for the Church
irrigation.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4
MERIDIAN FRIENDS CHURCH / CUP-OO-002
2.9 A lninimUlll four-foot-wide landscape strip is required between the public
sidewall( along Pine Street and the parlGng lot.
2.10 Nine (9) of the 36 trees proposed on the landscape plan are technically located
off site within the II-foot strip of ground adjacent to the east property li11e. At
one (1) tree per 1,500 s.f. of asphalt, the site is required to have a total of 23,
three-inch caliper trees (34,552 s.f. of asphalt).
2.11 All trash areas are to be enclosed by a screen on at least three sides. Coordinate
location and construction requiremel1ts with Meridian Sanitary Service, Inc.,
al1d provide a letter of approval with submittal of the site plans prior to
issuance of a Certificate of Zoning Compliance.
2.12 Applicant shall be required to e11ter into an Assessment Agreemel1t with the
City of Meridian.
2.13 No additional signage is proposed, al1d nOl1e is approved with this application.
A-frame, banners, and other signage of a telnporary nature is strictly prohibited
and will be relTIoved upon 3 days notice to the applicant. All signage is subject
to design review and requires separate perlnits.
2.14 Run-off is not to create a Inosquito breeding probleln.
2.15 Storlnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
2.16 The El1gineers and architects involved with the design of the subject project
shall obtain current best managelnent practices for stormwater disposal al1d
design a stormwater management system that prevents groundwater and surface
water degradation.
2.17 The building time frame should not extend beyond 26 months.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4
MERIDIAN FRIENDS CHURCH / CUP-OO-002
f
(
3. The above conditions are concluded to be reasonable and the applicant shall
lneet such requirements as a condition of approval of the application for a conditiol1al
use permit.
4. Notice to Permit Holder, this conditional use permit is 110t transferable
without cOIn plying with the provisions of Meridian City Code S 11-1 7 -8] a copy of
which is attached to this permit.
By actiol1 of the City COUI1Cil at its regular meeting held on the
IJ1 tl/Lv/'L- , 2000.
7-1~
day of
.~
rt D. Corrie, Mayor City of Meridia11
Copy served upon Applicant, the Planning and Zoning Departlnent, Public W orl(s
Depart111ent and City Attorney.
Dated:
3/7~(JtJ
By:
City Clerl(
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4
MERIDIAN FRIENDS CHURCH / CUP-OO-002
FEBRUARY 28, 2000
CUP 99-040
MERIDIAN CITY COUNCIL MEETING:
MARCH 7, 2000
APPLICANT: W.H. MOORE COMPANY
AGENDA ITEM NUMBER:
1r
REQUEST: FINDINGS/CONCLUSIONS - TO PROVIDE MULTIPLE BUilDINGS ON A SINGLE SITE AND AN
ANCILLARY RESTAURANT IN PROPOSED L-O ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX
AGENCY
COMMENTS
CITY CLERK:
SEE 2/15/2000 ITEM PACKET
CITY ENGINEER:
CITY PLANNING DIRECTOR:
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CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
CENTRAL DISTRICT HEALTH:
fOV~
{VfP f/D
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
piCked v-f 3(0 -- c}CrYLtLthCln ~d
3l~ f)LG
FEBRUARY 11, 2000
MERIDIAN CITY COUNCIt- MEETING:
FEBRUARY 15,2000
APPLICANT: W.H. MOORE COMPANY
K
AGENDA ITEM NUMBER:
REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN
ANCILLARY RESTAURANT IN PROPOSED L-O ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
COMMENTS
SEE ATTACHED FINDINGS
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
~
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
00
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OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
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RECEIVED
FE B 1 1 2000
BEFORE THE MERIDIAN CITY COUNCIL CITY OF MERIDIAN
01-28-00
IN THE MATTER OF THE )
APPLICATION OF W. H. MOORE )
COMPANY, FORA )
CONDITIONAL USE PERMIT )
TO PROVIDE MULTIPLE )
BUILDINGS ON A SINGLE SITE )
AND ANCILLARY RESTAURANT )
FOR MAGIC VIEW OFFICE )
COMPLEX ON 10 ACRES, )
LOCATED ON THE NORTH )
SIDE OF MAGIC VIEW DRIVE, )
300 FEET WEST OF EAGLE )
ROAD, MERIDIAN, IDAHO )
Case No. CUP-99-040
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
This above el1titled conditiol1al use perlnit applicatiol1 having COIne before
the City Council for public hearing on January 18,2000, at the Meridia11 City Hall, 33
East Idaho Street, Meridian, Idaho, UpOI1 the FiI1dings of Fact a11d Conclusio11s of Law and
Reco1111nendation to City Council issued by the Planning and Z011ing Commission who
COI1ducted a public hearing and having heard and talcel1 oral al1d written testilTIOny, al1d
Shari Stiles, Planning and ZoningAdnlinistrator, appeared and testified at the hearing, and
appearing and testifying on behalf ofW. H. Moore C0111pal1Y was Jonatha11 Seel, a11d also
appearil1gwere affected property owners, Chllrch Harl and Howard Foley, a11d haviI1g duly
considered the Inatter and the Plannil1g and Zoning Commissiol1 lnade the followi11g
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
Findings of Fact and Conclusions of Law and Recolmne11dation to City COllncil, a11d t11e
City Cou11cil having received the staff report and the record made before the Plan11ing a11d
Zoning Comlnission, and beil1g fully advised i11 the premises, the Cou11cil finds and
c011cludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
1. Idaho Code S 67-6512 provides in part that:
(A) As part of a z011ing ordinance the City Councillnay provide
for the processing of applications for special or conditional
use perlnits; and
(B) That a special use perlnit Inay be gra11ted to a11 applicant if
the proposed use is otherwise prohibited by t11e ter111S of the
zoni11g ordi11al1ce, but lnay be allowed with COl1ditio11S
under specific provisions of the Z011i11g ordi11ance, sllbject to
the ability of political subdivisio11S, i11cluding SC11001
districts, to provide services for the proposed use, and whe11
it is not in conflict with the plan; and
(C) That UpOl1 the gra11ting of a special use perlnit,_ C011ditio11S
Inay be attached to a special use permit, includi11g, but not
limited to, those:
1 ) Mil1inlizi11g adverse ilnpact 011 ot11er developlne11t;
2) Controlling the sequence al1d tilning of developll1el1t;
3) Controlli11g the duration of developlnel1t;
4) Assuri11g that developlne11t is 111ai11tai11ed properly;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
5) Designating the exact locatio11 and nature of
developluent; requiring the provision for 011-site or
off-site public facilities or services; requiring lnore
restrictive standards than those gel1erally required i11
an ordinance; requiring l11itigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Pem1its as provided in Chapter 17 of
Title II Meridian City Code.
3. Idaho Code S 67-6504 provides that the City Councillnay exercise all of
the powers required a11d authorized by Chapter 65 of Title 67 Idaho Code which Act is
1<noWl1 as the "Local Lal1d Use Plannil1gAct of 1975."
4. The City of Meridian has enacted the Comprehensive Plal1 City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
5. Prior to granting a conditional use perlnit in a Lilnited Office Z011e (L-O),
a public hearing shall be conducted with notice to be publis11ed a11d provided to
property OWllers or purchasers of record withil1 three hundred feet (300') of the
external boundaries of the land ullder consideration for the conditiollal use permit all
in accordance with the provisions of Meridia11 City Code S 11-17-5, which provides as
follows:
"Prior to approving a C011ditiol1al Use Pennit, the applicallt alld t11e
Commission and Council shall follow notice and hearing procedures provided ill
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
Section 11-2-416, Zoning Anlendment Procedures, of this Ordinance. Provided,
however, that Conditiortal Use applications for land in Old Town and il1
111dustrial a11d C0111lnercial Districts shall only be required to have 011e public
hearing which shall be held before the Plannil1g and Z011ing Cormnission a11d
after the recormnendation of the COlnmissiol1 is Inade the application shall go
before the City Council without a public hearing and the COU11cillnay approve,
deny, or modify the recolnlnel1dation of the COlrunission."
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. A 110tice of a public hearing 011 the conditional use perlnit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for January 18,
2000, before the City Council, the first publication appearing and written notice havi11g
been lnailed to property owners or purchasers of record withil1 three hundred feet
(300') of the exterl1al bou11daries of the property ul1der COl1sideratio111TIOre than fiftee11
( 15) days prior to said hearing a11d with the notice of public hearings having been
posted upon the property under c011sideration lnore than one weel( before said hearing
and the copies of all 110tices were made available to l1ewspaper, radio al1d televisiol1
statio11S as public service anIlouncements; and the matter having bee11 duly C011sidered
by the City Council at the said January 18,2000, public hearing; and the Applica11t,
affected property owners, and governlne11t subdivisiol1s providing services withi11 the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
pla1111ing jurisdictiol1 of the City of Meridian, having been given full opportunity to
express comments and SUbllUt evidence.
2. There has been compliance with all notice and heari11g requirelne11ts set
forth in Idaho Code &967-6509 al1d 67-6512; and Meridian City Code 9S 11-15-5 a11d
11-17 -5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and
Proof of Posting filed with the staff report.
3. Cou11cil tal<.es judicial110tice of its Zoni11g, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current z011ing Inaps thereof and the COlnprehensive Plan of the City of
Meridian adopted Decelnber 21,1993 Ordinal1ce #629 - January 4,1994 al1d Maps
a11d the Ordi11a11ce establishing the Ilnpact Area Boul1dary Ordi11a11ce a11d Map.
4. The property is located on the l10rth side of Magic View Drive, 300 feet
west of Eagle Road, Meridian, Idaho.
5. The owner of record of the subject property are W.H.Moore/Jill1 Boyd, of
PO Box 8204, Boise, Idaho.
6. Applicant is W.H. Moore Compal1Y.
7. The subject property was zoned Ada County Rural Transitional (RT) al1d
is currel1tly zoned LO. The zoning district of LO is defined within the Meridian City
Code S 11-7 - 2 G.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
8. The proposed application requests a conditional use perluit for luultiple
buildi11gs and al1cillary restaura11t on one site. The LO Z011i11g designatiol1 within the
City of Meridian Zoning and Development Ordinance requires a cOl1ditional use
permit be obtained for most uses including those requested by the Applicant.
(Meridian City Code).
9. The Meridian City Council recognizes that the proposed applicatiol1 is il1
compliance with the Meridian Comprehe11sive Plan as enulnerated in the
Recommendations of Approval to the City Council for Annexation and Zoning of the
Subject Property.
10. The use proposed within the subject application will il1 fact, constitute a
cOl1ditional use as deternlined by City Ordi11a11ce.
11. The requested conditional use is required as a C011dition of t11e
developlnent agreement at Sectio11S 5. Conditiol1S Governing Develop111e11t of Subject
Property.
12. The requested conditional use is described in the SITE DEVELOPMENT
PLAN, Date: 4SEP99, Job No. 99123, DraWl1: BRS, Sheet CD-I, Z:I/21999-
jobsl/2100-1491/2991231/2CU-SITE 10-26-99 9:45:29 am EST, By: BRS Architects,
for proposed development for: W.H. Moore Co., for the development of the
aforeme11tio11ed residential projects.
13. Giving due consideratiol1 to the COlnlne11ts received fro111 the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
govermnental subdivisions providing services in the City of Meridian plaru1ing
jurisdiction, as herein provided for in the conditio11S of approval, public facilities a11d
services required by the proposed developlne11t will110t inlpose expense llpon the
public if the C011ditions of developlnent, as set forth in the Decision a11d Order nUlnber
2, are found to lnitigate the effects of the proposed use and developl11ent UpOl1 services
delivered by political subdivisions providing services to the subject real property wit11i11
the plannirlg jurisdiction of the City of Meridian.
14. The Meridian City Council recognizes that the proposed applicatio11 is i11
cOlnpliance with the Meridian Comprehensive Plan as enumerated i11 the
Recon1mel1dations of Approval to the City Council for Annexation and Zoning of the
Subject Property il1 Case No. AZ-99-022 incorporated herein by reference.
15. The use proposed within the subject applicatiol1 will in fact, constitute a
conditional use as determined by Council action and City Ordinance.
16. The use proposed within the subject applicatio11 will be subject
to the c011ditions as set forth in the Decision and Order u11der nUlnber 2, and will be
desigr1ed, constructed, operated al1d lnaintained to be harlTIonious and appropriate in
appearal1ce or intended character of the general vicil1ity al1d that such use will not
chal1ge the i11tended essential character of the sal11e area.
17. The use proposed within the subject application will110t be
hazardous or disturbing to existing or future l1eighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
18. The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police a11d
fire protection, drainage structures, refuse disposal, water and sewer.
19. The applicant has agreed to pay any additiol1al sewer, water or
trash fees or charges, if any associated with the use.
20. The use proposed within the subject applicatio11 will 110t i11volve
uses, activities, processes, Inaterials, equipment and conditio11S of operation tl1at will be
detrilnental to any persons, property or the general welfare by reaSOl1 of excessive
production of traffic, noise, smol(e, fumes, glare or odors.
21. Sufficient parldng for the proposed use of the property will be
provided.
22. The use will110t result in the destruction, loss or dalnage of 11atural
or scenic features of Inajor importance relating to the property.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
ORDER and this does Order that:
I. That the Applical1.t and owner of the property, is granted a conditional
use per111it for the proposed application request of a conditional use perlnit for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
constructiol1, development, Inaintena11ce and use of multiple buildings on a single site
and ancillary restaurant, as described in the SITE DEVELOPMENT
PLAN, Date: 4SEP99, Job No. 99123, Drawn: BRS, Sheet CD-I, Z:I/21999-
jobsl/2100-1491/2991231/2CU-SITE 10-26-99 9:45:29 aln EST, By: BRS Architects,
for proposed development for: W.H. Moore Co., for the developlnent of the
afore111entioned projects and which property is described as:
LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION
A parcel of land located in the Northeast quarter of Sectiol1 17, Township 3
North, Ral1ge 1 East, Boise Meridian, Ada County, Idaho, beil1g all of Lots 2
and 3 in the Amended Magic View Subdivision, according to the official plat
thereof, records of Ada COU11ty, Idaho, and which parcel is also described as
follows:
COlnlnencing at a brass cap marlcing the quarter corner COlmnon to Sections 16
and 17, T0VV11Ship 3 North, Range 1 East, Boise Meridian, Ada COllnty, Idaho;
thence
North 00022'58" West 1,326.59' to the Northeast comer oft11e Southeast
quarter of the Northeast quarter of said Section 17; thence
North 89058'30" West 391.41' to the Northeast cor11er of said Lot 2, said POi11t
being the real POil1t of begil1nil1g; thence
South 00007'50" East 579.31 feet along the Easterly bOll11dary of said Lot 2 to a
point lyil1g on the centerlil1e of Magic View Drive, being the Southeast cor11er of
said Lot 2; thence
South 89037'02" West 315.10 feet alol1g the centerline of Magic View Drive a11d
Southerly boundary of said Lot 2 to a point; thence
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
North 83021'41" West 64.86 feet along the centerline of Magic View Drive a11d
Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; the11ce
North 83011'15" West 405.26 feet along the centerlil1e of Magic View Drive a11d
Southerly boul1dary of said Lot 3 to the Southwest corner of said Lot 3; thence
North 00003108" West 526.18 feet along the Westerly bOllndary of said Lot 3 to
the Northwest comer of said Lot 3; the11ce
South 89058'30" East 781.08 feet alol1g the Northerly boundary of said Lots 2
al1d 3 to the point of beginning.
2. The conditional use perlnit granted herein is subject to the following terlns a11d
c011ditions:
Adopt the Recommendations of the Planning and Zoning staff as follows:
2.1 Deterlnil1e the 110rmal high groundwater elevation, and sublnit a profile
of the subsurface soil c011ditions as prepared by a soil scientist with the
desigI1 of site drainage plan.
2.2 Coordinate fire hydrant placell1el1t with the City of Meridial1 Public
W orl(S Departlnent.
2.3 Applicant shall provide the Public Works Department with il1fonnation
on al1ticipated fire flow and domestic water requirements for the
proposed site.
2.4 Sanitary sewer service to this site will be via an extension froln tl1e
existing lnain adjacent to the proposed developmel1t. Applicant will be
responsible to construct the sewer Inai11S to and through this proposed
development. Project designer to coordinate sizil1g a11d routing with the
Public W orl(S Department.
2.5 Water service to this site will be via extensions of existing mains installed
adjacel1t to subject site. Applicant will be respo11sible to construct the
water mains to al1d through this proposed developn1el1t. Project designer
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
to coordinate main sizing al1d routing with the Public Works
Department.
2.6 Underground pressurized irrigation lnust be provided to alllal1dscape
areas on site. Applicant shall submit hool(-up and design details based on
the proposed landscaping. Due to the landscape area required, primary
water supply connection to the City's mains will not be allowed.
Developer shall be required to utilize a11Y existing surface or well water for
the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water asseSSlnents for the entire
comlnon open area.
2.7 Per Uniform Plulnbing Code requirements, each building shall be served
by il1dependent sewer al1d water services.
2.8. Assessment fees for water and sewer service are deterl11ined duril1g the
building plan review process. Applicant shall be required to e11ter i11tO a11
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing
the water and sewer mains to their current points.
2.9 Particular attention needs to be paid to lighting plal1s to el1Sl1re that lights
do not cause glare or impact adjacent residel1tial properties or the
traveling public, as determined by the Meridian Public W orl(s
Department. The Public W orl(S Departlnent is in the process of
detennining detailed standards for lighting. All outside lightil1g will be
shrouded to direct illumination down and away from l1eighbori11g
residential areas.
2.10 The conditiol1al use permit shall be subject to review UpOl1 tel1 days
notice to the Applica11t. The conditio11al use permit should becolne 111.111
and void if worl( does not commence within two years of approval and
construction is not cOlnplete within two years from date of the issuance of
a building permit. The conditional use permit should be lnade
transferable from one owner to a new owner or froln tenant to tenal1t
provided uses comply with Ordinal1ce requirements and construction
proceeds in accordance with the approved conditiol1al use permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
2.11 Four monument signs (two per lot) are shown on the Site Plal1. The signs
must be located outside the 12' x 40' clear vision triangle for private
drives and public roads. A coordinated sign program cOlnplementil1g
building architecture style will be submitted for all freestanding al1d wall
signs in the el1tire complex and approved as part of this applicatio11. All
signage is subject to design review and separate applicatio11. The criteria
for sign review shall include that all free sta11ding and wall sigI1s the
number and size that there include no more than 4 free standil1g SigtlS
with a luaximum height of 10 feet, which is in conforlnity to the
limitations on the real property to the south of the subject parcel. The
Applicant may seel( an amendlnent to this cOl1dition and such shall be
considered an amendmel1t to this conditional use perlnit.
2.12 Coordinate the location and sizing requirements of scree11ed trash
enclosures with Sanitary Service C01TIpany. Applicant shall provide a
letter of approval from Sanitary Service COlnpany prior to applyil1g for
building permits.
2.13 Applicant shall provide a letter of approval from Ada COU11ty Highway
District prior to applying for building pennits. Letter of approval shall
include recorded warranty deed or recorded plat for all necessary roadway
dedications.
2.14 No details of hours of operation are provided. While the office uses/hollrs
should be harlTIonious with the reside11tial homes to the north, the
application also requests approval for al1 ancillary restaural1t within the
cOlnplex. A separate CUP application with attendant notices and hearings
will be required for the restaurant.
2.15 There is an existi11g ten-foot-wide public utilities, irrigation a11d drail1age
easement along the side and rear lot lines of Lots 2 and 3. Applicant
should clarify his intent with regard to maintaining or vacating these
easelnents.
2.16 The parldng details on Sheet CU-I state "Retail Parldng Provided," but
the square footage calculation is correct for office use (1 :400). Retail use
is specifically prohibited in the L-O zone. This shall be corrected to state
"Office Parldng."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
2.17 Parcel A shows a total of 275 parldng stalls. ADA requires a IninilTIUln of
seven handicap accessible for this number of parldng stalls. Only six are
shown (three per building). At least one (1) more handicap stall shall be
added per building. Parcel B appears to lneet the minimum ADA
requirements.
2.18 The parldng rows against the east boundary of Parcel A (adjacent to Allen
Street) show twenty-six (26) stalls south of the driveway and twe11ty (20)
stalls north of the driveway. These are large expanses of asphalt without
any visuaVsoftening breal(. At least one (1) landscape bUlnp-out wit11
dimensions similar to the other proposed bump-outs (approx. 8' x 20')
shall be added to each of these parking rows.
2.19 Bicycle racl<.s shall be added at each of the four (4) office buildi11gs.
2.20 The street trees proposed along all three public roads on the Site Pla11
should be planted outside any easelnent containing al1 undergroul1d water
line, sewer line, or other utility.
2.21 The Site Plan shows the required nUlnber of trees to Ineet the ordinance.
However, no species are listed. Applicant Inust submit a detailed
landscape plan, il1cluding berm height, species, groundcovers, shrubs a11d
irrigation details with the Certificate of Z011ing Compliance/Building
Pennit submission.
2.22 If a landscape berm is proposed for the northwest comer of Parcel B
(adjacent to St. Lul(e's Street), Staff requests the benn height be
restricted to a maximum of three feet from street grade (not sidewall(
grade) to allow for clear vision.
2.23 Applicant shall enter a License Agreement with Ada COU11ty Highway
District to construct, and perpetual maintain, a 30-foot wide bllffer vvit11 a
4-foot high berln and a 6-foot high solid, wooden fel1ce on top of the
berm along the entire length of Parcel B.
Adopt the Recommendations of the Meridian Fire Departmel1t as follows:
2.24 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
2.25 A fire sprinlder system shall be installed.
Adopt the Recommendations of the Sewer Department as follows:
2.26 Applicant shall cOlnply with Sewer Department requiren1ents for water
pressure for sewage disposal for the proposed restaurant development.
Adopt the Recommendations of the Central District Health Departlnent as follows:
2.27 The Applicant's ce11tral sewage and central water plans Inust be
sublnitted to and approved by the Idaho Department of Health &
Welfare, Division of Envirorunental Quality.
2.28 Run-off is not to create a mosquito breeding problem.
2.29 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.30 The Engineers and architects involved with the design of the subject
project shall obtain current best Inanagement practices for stonnwater
disposal al1d design a storlnwater Inanagement system that prevel1ts
groundwater and surface water degradation.
2.31 The Health Department will require a specific plan review for a11Y
restaurant developmellt as part of the conditiol1alllse permit process for
said future application.
Adopt the recommendations of the Ada COU11ty Highway District as follows:
2.32 Applicant shall dedicate 64-feet of right-of-way for the extel1sion of St.
Lul(e's Street through the site by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building pennit (or other required permits), whichever occurs first.
2.33 Applicant shall extend St. Lul(e's Street through the site froln the easter11
property line to Magic View Drive to the south in alignlnent with Allen
Street. The roadway shall be extended as a 46-foot street section with
curbs, gutters, sidewalk and bil(e lanes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
2.34 Driveways on the extension of St. Lul(e's Street shall be located a
minimum of 125-feet from all existing or proposed driveways. The
driveways shall be C011structed as 24 to 3D-foot wide curb return
driveways with IS-foot curb radii al1d paved a minimuln of 30-feet
beyond the edge of pavement of St. Lul(e's Street. Note: This will reqllire
the applicant to relocate the proposed driveway 011 the south side of St.
Lul(e's Street at the east propertv line.
2.35 Utility street cuts in new pavemel1t less than five years old are not
allowed unless approved in vvriting by the District.
2.36 Applicant shall construct curb, gutter, 5-foot wide concrete sidewall( and
luatch paving on Magic View Subdivision abutting the parcel.
Improvements should be constructed to one-half of a 41-foot street
section.
2.37 Applicant shall enter il1tO an agreenlent with the District to construct Of,
pay the proportionate share of the cost of constructil1g a new road frOlTI
Eagle Road west and south to connect with Magic View Drive at its
intersection with Allen Street as an extraordinary impact fee. The
proportionate share has been determined to be approximately $92,858,
based upon the estimated 2,150 daily vehicle trips. If the developer agrees
to construct the road, he will be reimbursed for the full cost of the
roadway fr01TI extraordinary ilnpact fees that have been collected a11d by
offsetting against the extraordinary impact fees for this parcel.
2.38 As required by District policy, restrictions on the width, nUlnber a11d
locations of driveways, shall be placed on future developmel1t of this
parcel.
2.39 Other than the access pOi11ts specifically approved with this application,
direct lot or parcel access to St. Lul(e's Street is prohibited.
3. That the City Attorney draft an Order Granting Conditional Use Perlnit in
accordance with this Decision, which shall be signed by the Mayor and City Clerl( a11d
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IS of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
then a conforlned copy shall be served by the Clerl( upon the applicant, the Pla11ni11g
and Zoning Department, Public W orl(S Department and City Attorney and any
affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 of 18
w. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
NOTICE OF FINAL ACTION
Please tal(e notice that this is a final action of the goverlung body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who
has a11 il1terest in real property which lnay be adversely affected by the issua11ce or
denial of the conditional use permit may withi11 twenty-eight (28) days after the date
of this decision and order seel( a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular Ineetil1g held on the
~A
7 - day
of mt~A-
, 2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED$a.-
COUNCILMAN BIRD
VOTED$.C
COUNCILMAN deWEERD
VOTED$L.-
COUNCILMAN McCANDLESS
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 of 18
w. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
/
\
MAYOR ROBERT D. CORRIE (TIE BREAICER)
VOTED
DATED:
~;J-1-tJO
APPROVED:~~ ~
DISAPPROVED:
MOTION:
Copy served upon Applicant, the Plan11ing and Z011ing Departlne11t, Pllblic W orl(5
Department and City Attor11ey.
By: ~~~&~~
CIty Clerk ·
Dated:
~ 7-tJ J
111Sg/Z:\ W ork\M\Meridian 15360M\Magic Vie'.v\CUPFfClsOrdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 of 18
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP-99-040
RECEIVED
FE B 1 1 2000
CITY OF l\iERIDIAN
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATIER OF THE APPLICATION OF )
W. H. MOORE COMPANY, FORA )
CONDITIONAL USE PERMIT TO PROVIDE )
MULTIPLE BUILDINGS ON A SINGLE SITE )
AND ANCILLARY RESTAURANT FOR MAGIC)
VIEW OFFICE COMPLEX ON 10 ACRES, )
LOCATED ON THE NORTH SIDE OF MAGIC )
VIEW DRIVE, 300 FEET WEST OF EAGLE )
ROAD, MERIDIAN, IDAHO )
)
01-27 -00
CASE NO. CUp..99..040
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter COining before the City Council 011 the 15th day of Febrtlary, 2000,
under the provisions of S 11-2-418 E Municipal Code of the City of Meridian for
fi11al action on cOl1ditional use perlnit applicatio11 a11d t11e COUI1Cil havi11g received
and approving the Recommendation of the Planning and Zoning COlnmission the
Council tal(es the following actio11:
1. That the Applicant and ovvner of the property is granted a cOl1ditio11al use
perlnit for the proposed applicati011 request of a C011ditio11al use perlTIit for the
construction, developlnent, maintenal1ce a11d use for lllultiple buildil1gs on a single
site and ancillary restaurant, as described in the SITE DEVELOPMENT PLAN, Date:
4SEP99, Job No. 99123, Dravvn: BRS, Sheet CU-I, Z:1/21999-jobsl/2100-
1491/2991231/2CU-SITE 10-26-99 9:45 aln EST, By: BRS Architects, for the
develop1uent of the aforementio11ed projects and which property is described as
follows:
LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION
A parcel of land located il1 the Northeast quarter of Section 17, Tovvnship 3
North, Range I East, Boise Meridia11, Ada COU11ty, Idaho, beil1g all of Lots 2
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
and 3 in the Amended Magic View Subdivision, according to the official plat
thereof, records of Ada County, Idaho, and which parcel is also described as
follows:
Comlne11cing at a brass cap Inarldl1g the quarter cor11er COlnlnon to Sections 16
a11d 17, T0W11ship 3 North, Range 1 East, Boise Meridial1, Ada COll11ty, Idal1o;
the11ce
North 00022'58" West 1,326.59' to the Northeast corner of the SOlltheast
quarter of the Northeast quarter of said Sectiol1 17; thence
North 89058'30" West 391.41' to the Northeast corl1er of said Lot 2, said
point being the real point of beginning; thel1ce
South 00007'50" East 579.31 feet along the Easterly bou11dary of said Lot 2 to
a point lying on the centerlil1e of Magic View Drive, beil1g the SOlltheast
corner of said Lot 2; thence
South 8903 7102" West 315.10 feet alollg the cellterline of Magic View Drive
al1d Southerly boundary of said Lot 2 to a POillt; thel1ce
North 83021'41" West 64.86 feet along the centerline of Magic View Drive
a11d Southerly boulldary of said Lot 2 to the Southwest corner of said Lot 2;
thence
North 83011'15" West 405.26 feet along the cellterli11e of Magic View Drive
al1d Southerly boundary of said Lot 3 to the SOllthwest corner of said Lot 3;
thel1ce
North 00003'08" West 526.18 feet along the Westerly boundary of said Lot 3
to the Northwest corl1er of said Lot 3; thence
South 89058'30" East 781.08 feet along the Northerly boul1dary of said Lots 2
and 3 to the point of beginning.
2. That the above named applicant is gra11ted a conditional use perlnit for n1ultiple
buildings on a single site and all.cillary restaurant, located 011 the north side of Magic
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
View Drive west of Eagle Road, Meridial1, Idaho, subject to the followi11g c011ditions
of use and development:
Adopt the Recolnmendations of the Planning and Zoning staff as follows:
2.1 Deterlnine the norlnal high groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil scie11tist with the design of site
drainage plan.
2.2 Coordinate fire hydrant placemel1t with the City of Meridia11 Public Works
Department.
2.3 Applicant shall provide the Public Worlcs Department with information on
anticipated fire flow and don1estic water requirements for the proposed site.
2.4 Sanitary sewer service to this site will be via an extension froln the existing
main adjace11t to the proposed development. Applical1t will be responsible to
COl1struct the sewer mail1S to and through this proposed developlnent. Project
designer to coordinate sizing and routing with the Public W orl(s Departn1e11t.
2.5 Water service to this site will be via extensi011S of existing mains installed
adjacent to subject site. Applicant will be responsible to construct the water
Inains to a11d through this proposed developluent. Project designer to
coordirtate main sizing a11d routing with the Public W orl(s Departluent.
2.6 U11dergroul1d pressurized irrigation Inust be provided to all landscape areas 011
site. Applicant shall submit hool(-up al1d design details based on the proposed
landscaping. Due to the landscape area required, primary water Sllpply
connection to the City's mains will not be allowed. Developer shall be reqllired
to utilize any existing surface or well water for the primal)' source. If City
water is proposed as a secondary source, developer shall be responsible to pay
water asseSSlne11ts for the e11tire CO lTI lTI 0 11 open area.
2.7 Per Uniform Plumbi11g Code requirelnents, eac11 building shall be served by
indepel1de11t sewer and water services.
2.8. Assesslnent fees for water and sewer service are determined during the building
plan review process. Applica11t shall be required to enter into an Assesslne11t
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9
w. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
Agreement with the City of Meridian. In addition to these assessments, water
and sewer "Late Comers" fees will also be charged against this parcel to help
reilnburse the parties responsible for installil1g the water and sewer l11ai11S to
their current points.
2.9 Particlllar attention needs to be paid to lighting plans to ensure that lights do
not cause glare or impact adjacent residel1tial properties or the traveli11g public,
as deterlnined by the Meridial1 Public W orl(s Departme11t. The Public W orl(s
Department is in the process of deterlnining detailed sta11dards for lighti11g.
All outside lighting will be shrouded to direct illul11ination down al1d away
from neighboring residential areas.
2.10 The conditiol1al use permit shall be subject to review Up011 ten days notice to
the Applicant. The conditional use permit should become null and void if worl(
does not commence within two years of approval a11d constructio11 is not
cOlnplete within two years from date of the issuance of a bllildi11g perl11it. T11e
conditional use permit should be lnade transferable from one owner to a new
owner or from tenant to tenant provided uses cOlnply with Ordil1ance
requirements and construction proceeds in accordance witl1 the approved
conditional use permit.
2.11 Four Inonument signs (two per lot) are shown on the Site Plan. The signs lnust
be located outside the 12' x 40' clear vision triangle for private drives al1d
public roads. A coordinated sign prograln cOlnplementing buildi11g
architecture style will be sublnitted for all freestanding and wall signs i11 the
el1tire complex and approved as part of this applicatiol1. All signage is subject
to design review and separate applicatiol1. The criteria for Sig11 review shall
include that all free sta11ding al1d wall signs the l1ulnber al1d size that there
include 110 lnore than 4 free standing signs with a maximUln height of 10 feet,
which is in conforlnity to the limitatiol1s on the real property to the south of
the subject parcel. The Applicant may seel( an amendment to this conditiol1
al1d such shall be considered an alnendlnent to this conditional use permit.
2.12 Coordinate the location and sizing requirements. of screened trash enclosures
with Sanitary Service Company. Applicant shall provide a letter of approval
from Sanitary Service COlnpany prior to applying for building permits.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
2.13 Applicant shall provide a letter of approval froln Ada County Higl1way District
prior to applying for buildil1g permits. Letter of approval shall i11clude recorded
warranty deed or recorded plat for all necessary roadway dedications.
2 .14 No details of hours of operation are provided. While the office uses/hours
should be harlnonious with the residel1tial hOlnes to the l1orth, the applicatio11
also requests approval for al1 ancillary restaurant within the cOlnplex. A
separate CUP applicatio11 with attendant notices and hearil1gs will be required
for the restaurant.
2.15 There is an existing ten-foot-wide public utilities, irrigation al1d drainage
easement along the side and rear lot lines of Lots 2 and 3. Applicant should
clarify his intent with regard to maintaining or vacating these easeme11ts.
2.16 The parldng details on Sheet CU-I state "Retail Parldng Provided," but tl1e
square footage calculation is correct for office use (1 :400). Retail use is
specifically prohibited i11 the L-O ZOI1e. This shall be corrected to state "Office
Parldng. "
2.17 Parcel A shows a total of 275 parldng stalls. ADA requires a IninimUll1 of seve11
handicap accessible for this nUlnber of parldng stalls. Only six are shown (three
per building). At least 011e (I) Inore handicap stall shall be added per
building. Parcel B appears to meet the luinimUln ADA requiremel1ts.
2.18 The parldng rows against the east boundary of Parcel A (adjacent to Allen
Street) show twenty-six (26) stalls south of the driveway and twenty (20) stalls
110rth of the driveway. These are large expanses of asphalt without any
visuaVsoftening breal(. At least one (1) landscape bump-out with dilnensio11s
similar to the other proposed bump-outs (approx. 8' x 20') shall be added to
each of these parldng rows.
2.19 Bicycle racl(s shall be added at each of the four (4) office buildings.
2.20 The street trees proposed along all three public roads on the Site Pla11 should
be planted outside any easelnent containi11g al1 underground water line, sewer
line, or other utility.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
2.21 The Site Plan shows the required nUlnber of trees to meet the ordil1ance.
However, no species are listed. Applicant must submit a detailed landscape
plan, il1cluding berm height, species, groundcovers, shrubs and irrigation
details with the Certificate of Zoning COlnpliance/Building Permit submission.
2.22 If a landscape berm is proposed for the l1.orthwest corner of Parcel B (adjace11t
to St. Lul<.e's Street), Staff requests the berm height be restricted to a
maximum of three feet from street grade (not sidewall( grade) to allow for clear
vision.
2.23 Applicant shall enter a Lice11se Agreelnent with Ada County Highway District
to construct, a11d perpetuallnaintain, a 30-foot wide buffer with a 4-foot high
berm and a 6-foot high solid, wooden fence on top of the berln along the entire
length of Parcel B.
Adopt the Recommendations of the Meridian Fire Departl11ent as follows:
2.24 Applicants shall satisfy all fire code requirements includi11g those pertai11ing to
water flow and fire hydral1ts.
2.25 A fire sprinlder system shall be installed.
Adopt the Recomlnendations of the Sewer Departmellt as follows:
2.26 Applicant shall comply with Sewer Department requirelnents for water
pressure for sewage disposal for the proposed restaurant developme11t.
Adopt the Recommendations of the Central District Health Departlnent as follows:
2.27 The Applicant's central sewage and central water plans must be submitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2.28 Run-off is not to create a lnosquito breeding problelu.
2.29 Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent ilnpact to groundwater and surface water quality.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9
w. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
2.30 The Engineers a11d architects involved with the desig11 of the subject project
shall obtain current best management practices for storll1water disposal al1d
design a stormwater management systelTI that prevents groundwater and
surface water degradation.
2.31 The Health Department will require a specific plan review for any restaurant
developlnent as part of the conditional use permit process for said future
application.
Adopt the recoffilTIendations of the Ada County Highway District as follows:
2.32 Applicant shall dedicate 64-feet of right-of-way for the extension of St. Lul(e's
Street through the site by means of recordation of a final subdivisiol1 plat or
execution of a warranty deed prior to issuance of a building perlnit (or other
required permits), whichever occurs first.
2.33 Applicant shall extend St. Lul(e's Street through the site from the eastern
property lil1e to Magic View Drive to the south i11 aligl1lnent with Alle11 Street.
The roadway shall be extended as a 46-foot street section with curbs, gutters,
sidewall( and bil(e lanes.
2.34 Driveways on the extensiOl1 of St. Lul(e's Street shall be located a IninilTIU1TI of
125 -feet from all existing or proposed driveways. The driveways shall be
constructed as 24 to 30-foot wide curb return driveways with IS-foot curb
radii and paved a minimum of 30-feet beyond the edge of pavelne11t of St.
Lul(e's Street. Note: This will require the applicant to relocate the proposed
driveway on the south side of St. Lul(e's Street at the east propertv li11e.
2.35 Utility street cuts in new pavement less than five years old are not allowed
unless approved in writing by the District.
2.36 Applicant shall construct curb, gutter, 5-foot wide C011crete sidewall( and
Inatch paving on Magic View Subdivisiol1 abutting the parcel. Ilnprovemel1ts
should be constructed to one-half of a 41-foot street section.
2.37 Applicant shall enter into an agreelnent with the District to construct or, pay
the proportionate share of the cost of constrllcti11g a l1ew road froln Eagle Road
west and south to connect with Magic View Drive at its intersection with Alle11
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9
W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
Street as an extraordinary impact fee. The proportionate share has bee11
determined to be approxilnately $92,858, based upon the estilnated 2, ISO
daily vehicle trips. If the developer agrees to COl1struct the road, he will be
reimbursed for the full cost of the roadway from extraordinary ilnpact fees that
have been collected and by offsetting against the extraordil1ary impact fees for
this parcel.
2.38 As required by District policy, restrictions on the width, nUlnber and locatio11s
of driveways, shall be placed on future developlue11t of this parcel.
2.39 Other than the access points specifically approved with this applicatio11, direct
lot or parcel access to St. Luke's Street is prohibited.
3. The above conditions are concluded to be reasonable and the applicant shall
lneet such requirements as a c011dition of approval of the applicatiol1 for a C011ditio11al
use permit.
4. Notice to Perlnit Holder, this conditional use permit is l10t transferable
without complying with the provisions of Meridian City Code S 11-17-8, a copy of
which is attached to this permit.
By actton of the City Council at its regular lueetil1g held on the
/)1~ ,2000.
7~
day of
rt D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Plal1ning and Zoning Department, Public W orl(s
Department and City Attorney.
Dated:
_1-7- tJo
. ~ L
-y !':)
--;. ~ the 2
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 'if.:/IIII lJN":~ · \\\\\\,\,
w. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040 '111;.1\\\\\\
msg/Z:\Work\M\Meridian 15360M\Magic View\CUPOrder
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9
w. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP-99-040
W.H. MOORE
COMPANY
Real Estate Development
600 N. STEELHEAD WAY, SUITE 144 (83704),
P.O. BOX 8204
BOISE, IDAHO 83707-2204
~/[ ~.'/
2- -!~-OO
J:~ #:r /1<'
TELEPHONE (208) 323-1919 I FAX 323- 7 523
RECEIVED
Date:
February 15, 2000
FE B 1 5 2000
CITY OF MERIDIAN
To:
Mayor and Meridian City Council
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
From:
Jonathan R. Seel
Subject:
Magic View Project
Case No. AZ-99-022
Case No. CUP-99-040
We have reviewed the Findings and Recommendations for the referenced cases and ask for
the following modifications or corrections:
· In a January 18th memo, Staff recommended replacing their requirement to submit a
plat for the new road dedication (St. Luke's Road) with ACHD's Site Specific
Condition #1 that allows for dedication by way of a final plat or a warranty deed, prior
to building permit. City Council approved staff's recommendation.
The option to either dedicate the street through a deed or plat is noted in the Findings
for the CUP, but the Annexations and Rezone Findings require a final plat with no
option for a warranty deed. We ask that the deed option be inserted in the Findings for
Annexation and Rezone.
· The Findings note the requirement to construct a 20-foot buffer on Parcel A. This lot
should be referenced by the legal description, which is Lot #3 in the Amended Magic
View Subdivision.
· The Findings note the requirement to enter into a license agreement with ACHD for
Parcel B. This lot should be referenced by the legal description, which is Lot #2 in the
Amended Magic View Subdivision.
~~ .-
Mayor and Meridian ( ..y Council
Magic View Project
Page 2
· In the Findings for Annexation and Rezone, page 14, it states the applicant wants to
annex and rezone 20.05 acres. This should be approximately 10 acres.
· The City Council originally sided with the Planning and Zoning's decision to remove
the requirement for a development agreement. However, the City Attorney strongly
recommended that due to legal concerns, some form of a development agreement
should be required. The City Council did approve a development agreement with the
clarification that such agreement "be a very loose - very general L-Q Development
Agreement and anything outside of light office will come for a CUP" (Councilmember
Bird's motion as contained in the January 18th minutes).
The Findings do not contain this clarification and we believe this is an important point.
We argued against this agreement because of the restrictive nature of past development
agreements and we believe the Council shared our concerns. Hence the Councir's
motion.
· Article 2.33 of the Findings for the CUP require the Applicant to extend 81. Luke's
Street, whereas in Article 2.37 it states the Applicant shall enter into an agreement with
the District to construct St Luke's Street. These two Articles seem in conflict.
Although we do not have a binding responsibility to construct the road, we are in the
process of preparing an agreement with the District for St. Luke's Road. Specifically,
this agreement will address the guidelines under which the WH Moore Company
would construct the road and at what time we would pay the extraordinary impact fees.
With the following in mind we ask that Article 2.33 be deleted as well as the last two
sentences in Article 2.37, beginning with" The proportionate share... ..".
Thank you for your consideration regarding this matter.
cc: Winston H. Moore
Billy Ray Strite, BRS Architects
Bradley Hawkins-Clark, Assistant Planner - City of Meridian
W.H. MOORE
COMPANY
Real Estate Development
600 N. STEELHEAD WAY, SUITE 144 (83704)
P.O. BOX 8204
BOISE. IDAHO 83707.2204
TELEPHONE (208) 323.1919 / FAX 323-7523
Date:
February 15,2000
To:
Mayor and Meridian City Council
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
From:
Jonathan R. Seel
Subject:
Magic View Project
Case No. AZ-99-022
Case No. CUP-99-040
We have reviewed the Findings and Recommendations for the referenced cases and ask for
the following modifications or corrections:
· In a January 18th memo, Staff recommended replacing their requirement to submit a
plat for the new road dedication (St. Luke's Road) with ACHD's Site Specific
Condition #1 that allows for dedication by way of a final plat or a warranty deed, prior
to building permit. City Council approved staff s recommendation.
The option to either dedicate the street tlrrough a deed or plat is noted in the Findings
for the CUP, but the Annexations and Rezone Findings require a final plat with no
option for a warranty deed. We ask that the deed option be inserted in the Findings for
Annexation and Rezone.
· The Findings note the requirement to construct a 20-foot buffer on Parcel A. This lot
should be referenced by the legal description, which is Lot #3 in the Amended Magic
View Subdivision.
· The Findings note the requirement to enter into a.license agreement with ACHD for
Parcel B. This lot should be referenced by the legal description, which is Lot #2 in the
Amended Magic View Subdivision.
Mayor a11d Meridiari' _t.y Council
Magic View Project
Page 2
· In the Findings for Annexation and Rezone, page 14, it states the applicant wants to
annex and rezone 20.05 acres. This should be approximately 10 acres.
· The City Council originally sided with the Planning and Zoning's decision to remove
the requirement for a development agreement. However, the City Attorney strongly
recommended that due to legal concerns, some form of a development agreement
should be required. The City Council did approve a development agreement with the
clarification that such agreement "be a very loose - very general L-Q Development
Agreement and anything outside of light office will come for a CUP" (Councilmember
Bird's motion as contained in the January 18th minutes).
The Findings do not contain this clarification and we believe this is an important point.
We argued against this agreement because of the restrictive nature of past development
agreements and we believe the Council shared our concerns. Hence the Council's
motion.
· Article 2.33 of the Findings for the CUP require the Applicant to extend St. Luke's
Street, whereas in Article 2.37 it states the Applicant shall enter into an agreement with
the District to construct 8t Luke's Street. These two Articles seem in conflict.
Although we do not have a binding responsibility to construct the road, we are in the
process of preparing an agreement with the District for St. Luke's Road. Specifically,
this agreement will address the guidelines under which the WH Moore Company
would construct the road and at what time we would pay the extraordinary impact fees.
With the following in mind we ask that Article 2.33 be deleted as well as the last two
sentences in Article 2.37, beginning with " The proportionate share. . . ..".
Thank you for your consideration regarding this matter.
cc: Winston H. Moore
Billy Ray Strite, BRS Architects
Bradley Hawkins-Clark, Assistant Planner - City of Meridian
RESOLUTION NO # J Cl4
BY: I ~ lln-~oYV
Oi1; C&wneZt III f1~iuv
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETIING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND BRENT E. BARRUS AND LUANA
B. BARRUS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with Brent E. Barrus and Luana B. Barrus, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar](ed
as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Cler]( are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with Brent E. Barrus and
Luana B. Barrus, entitled "DEVELOPMENT AGREEMENT", by and between
the City of Meridian and Brent E. Barrus and Luana B. Barrus, a copy of which
is attached hereto mar](ed as Exhibit "A" to this Resolution and to bind this
City to its terms and conditions.
Resolutiol1 (AZ-OO-O 19) - I of 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this "712-
day of mIJ/iJ/lu , 2000. -
.
APPROVED A THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
7f! day of 7lCVz,lfr., ,2000.
ATIEST:
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CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
I, the llndersigned, do hereby certify:
I. That I a11l tl1e duly appointed a11d elected Clerl( of the City of Meridia11,
a dilly incorporated City operatil1g under tIle laws of the State of Idaho, vvith its
pri11cipal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerl( of this City, I am the Cllstodian of its records a11d
minutes and do hereby certify that on the 7~ day of 1J1 tl/tcA- ,2000,
tIle follovvi11g action has been tal(en and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAlN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAlD MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND BRENT E. BARRUS AND LUANA B.
BARRUS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into a11
agreement with Brent E. Barrus and Luana B. Barrus, denoted as "DEVELOPMENT
AGREEMENT", a copy of vvhich is attached hereto marl(ed as Exhibit "A" to this
Resollltion, the reaS011S and authority for vv11ich are as set fortl1 in said Agree111ent.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I. The Mayor and Clerl( are hereby allthorized to e11ter into and on bel1alf
of the City of Meridian that certain agreement vvith Brent E. BarnIs and LlIana B.
Barrlls, entitled "DEVELOPMENT AGREEMENT", by and betvveen the City of
Meridia11 and Bre11t E. BarrlIs and LlIana B. Barrus, a copy of vvhic11 is attacl1ed
hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terl11S
and conditions.
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County of Ada, )
LA ?n this ~ day of lY'i1.A.V0..J , in the year 2000, before me,
-OV\Ut. , lJu · W , a Notary Public, appeared WILLIAM
G. BERG, R., mOvVl1 or identified to me to be the City Clerl( of the City of
Meridian, Idaho, that executed the said instruI11ent, and acl<.novvledged to me that 11e
execllted the saIne on behalf of the City of Meridian.
(SEAL)
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Resoltltion (AZ-OO-O 19) - 2 of 2
CERTIFICATE OF CLERl(
OF
THE CITY OF MERlDIAN
I, the llndersigned, do hereby certify:
1. That I al11 the duly appointed and elected CIerI, of the City of Meridian,
a dllly il1corporated City operating u11der the lavvs of the State of Idaho, vvit11 its
principal office at 33 East Idaho, Meridian] Idaho.
2. That as the City ClerI< of this City, I alTI the Cllstodian of its records and
minutes and do hereby certify that on the7.:c.^- day of llZa1.c!t.- ,2000,
the follovving actio11 has been tal<en and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND CHERI MANSAYON.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into al1
agreement vvith Cheri Mansayon, denoted as "DEVELOPMENT AGREEMENT", a
copy of which is attached hereto marl<.ed as Exhibit "A" to this Resollltion, the
reasons and allthority for which are as set forth in said Agreeme11t.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follovvs:
(
(
1. The Mayor and ClerI< are hereby authorized to enter into and 011 be11alf
of the City of Meridian that certain agreement vvith Cheri Mansayon, e11titled
"DEVELOPMENT AGREEMENT", by and between the City of Meridian a11d C11eri
Mansayon, a copy of vvhich is attached hereto marl<ed as Exhibit "A" to this
Resolution and to bind this City ~9. ,its terms and conditions.
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COll11ty of Ada, )
h On tN~ 1f!:- day of MaACt0 , in the year 2000, before me,
%el~ ~bLr n~ , a Notary Public, appeared WILLIAM
G. BER ,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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Resollltiol1 (AZ-OO-O 19) - 2 of 2
RESOLUTION NO 3 tJ 6
BY:~~~J~
6A; tpMt-UL !Jl f Ih/;tv
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERlDIAN AND I<EVIN D. BATES AND LILA L.
BATES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERlDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with ICevin D. Bates and Lila L. Bates, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto luar]ced
as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I. The Mayor and ClerIc are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with I(evin D. Bates and
Lila L. Bates, entitled "DEVELOPMENT AGREEMENT", by and between the
City of Meridian and ICevin D. Bates and Lila L. Bates, a copy of which is
attached hereto marlced as Exhibit "A" to this Resolution and to bind this City
to its terms and conditions.
Resolutiol1 (AZ-OO-O 19) - 1 of 2
PASSED BY THE COUNCIL OF THE CITY OF MERlDIAN, IDAHO, this 71!:-
day of I'rl/vtd- ,2000.
APPROVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this
21}. day of /htvl.-cl'l.- , 2000.
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Resolutiol1 (AZ-OO-O 19) - 2 of 2
CERTIFICATE OF CLERl(
OF
THE CITY OF MERlDIAN
I, the u11dersigned, do hereby certify:
I. That I am the dllly appointed a11d elected Clerl< of the City of Meridian,
a duly incorporated City operating under the lavvs of the State of Idaho, vvit11 its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City CIerI, of this City, I am the cu~todian of its records a11d
minutes and do hereby certify that on the 2-IA day of IJ1tVL~ ,2000,
the following action has been tal(en and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND I<EVIN D. BATES AND LILA L.
BATES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN] IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter i11tO a11
agreement with l(evin D. Bates and Lila L. Bates, denoted as "DEVELOPMENT
AGREEMENTn, a copy of which is attached hereto marl<ed as Exhibit "An to t11is
Resolution, the reasons a11d allthority for vvhich are as set forth in said Agreel11e11t.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerl< are hereby authorized to enter into and on bel1alf
of the City of Meridian that certain agreement vvith l(evin D. Bates and Lila L. Bates,
entitled "DEVELOPMENT AGREEMENT", by and betvveen the City of Meridian
a11d I(evin D. Bates and Lila L. Bates, a copy of which is attached hereto n1arl<.ed as
Exhibit "A" to this Resolution and to bind this City to its terms and conditio11S.
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STATE OF IDAHO,
County of Ada, )
M?n this ~+b . day of yy\'C(A.[.-iv , in the year 2000, before me,
~e,l, ~D.-~ VI -z.tc., , a Notary Public, appeared WILLIANl
G. BERG, J ., 1 Ovvn or identified to me to be the City CIerI< of the City of
Meridian, Idaho, that execllted tl1e said i11strument, and aclalowledged to n1e that l1e
executed the same on behalf of the City of Meridian.
(SEAL)
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Resollltion (~-OO-O 19) - 2 of 2
RESOLUTION NO :Jtl 7
BY: R~ !JndblJu-;-I
1Jh; ~c:e /hL~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERlDIAN AND JOHN A. WARDLE AND
CHERYL WARDLE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERlDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with John A. Wardle and Cheryl Wardle, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar]ced
as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and ClerIc are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with John A. Wardle and
Cheryl Wardle, entitled "DEVELOPMENT AGREEMENT", by and between the
City of Meridian and John A. Wardle and Cheryl Wardle, a copy of which is
attached hereto marI(ed as Exhibit "A" to this Resolution and to bind this City
to its terms and conditions.
Resolution (AZ-OO-O 19) - 1 of 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 71l.
day of /}J~ , 2000. -
APPROVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this
~ day of /11M-01-- , 2000.
ATTEST:
~;
Resolution (AZ-OO-O 19) - 2 of 2
(
(
CERTIFICATE OF CLERl(
OF
THE CITY OF MERlDIAN
I, the 1111dersigned, do hereby certify:
1. That I aln the dllly appointed and elected CIerI, of the City of Meridian,
a dllly incorporated City operating under the lavvs of the State of Idaho, vvith its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City CIerI, of this City, I anl the custodian of its records and
minutes and do hereby certify that on the 7--a day of )11~ ,2000,
the follovving action has been tal,en and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT.AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND JOHN A. WARDLE AND CHERYL
WARDLE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN] IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement vvith John A. Wardle and Cheryl Wardle, denoted as "DEVELOPMENT
AGREEMENT", a copy of vvhich is attached hereto marl<ed as Exhibit "A" to this
Resollltion, the reasons and authority for vv11ich are as set forth in said Agreel11ent.
NOW] THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor a11d Clerl( are hereby authorized to e11ter i11tO a11d 011 behalf
of t11e City of Meridia11 t11at certail1 agreel11ent with John A. Wardle and C11eryl
Wardle, entitled "DEVELOPMENT AGREEMENT", by and betvvee11 t11e City of
Meridial1 and J Oh11 A. Wardle and Cheryl Wardle, a copy of vvl1ich is attached hereto
luarl,ed as Exhibit "A" to this Resollltion and to bind this City to its ter111S a11d
conditions. \\,.,unfltt"I"J
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STATE OF IDAHO, ) 11'1r;~Jit'i(.,r(\'
: ss.
COllnty of Ada,
t/ On this 1.f}. day of ~t\..t , in the year 2000, before me,
J he[~ ~tt'Jlvn--l'7.lV , a Notary Public, appeared WILLIAM
G. BER ,JR~ known or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and aclmovvledged to 111e that he
executed the same on behalf of the City of Meridian.
(SEAL)
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Resollltion (AZ-OO-019) - 2 of 2
RECE:IVED
MAR 1 5 WOO
CITY OF MERIDIAN
f~/e Me CantUes:r
6-l;; ~z
RESOLUTION NO. .Joe;
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERlDIAN AND WILLIAM D. LEAVELL AND
LUCILE M. LEAVELL, HUSBAND AND WIFE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERlDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with WILLIAM D. LEAVELL and LUCILE M. LEAVELL, husba11d a11d
wife, de110ted as "DEVELOPMENT AGREEMENT", a copy of which is attached
hereto lnarl,ed as Exhibit "A" to this Resolution, the reasons a11d allthority for wl1ich
are as set forth in said Agreelnent.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and ClerIc are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with WILLIAM D. LEAVELL AND
LUCILE M. LEAVELL, husband and wife, entitled "DEVELOPMENT
AGREEMENT", by and between the City of Meridian and WILLIAM D. LEA YELL
a11d LUCILE M. LEAVELL, husband and wife, a copy of which is attached hereto
luarl<ed as Exhibit "A" to this Resollltion and to bind this City to its terms and
conditions.
RESOLUTION AUTHORIZING THE MAYOR TO - PAGE 1 OF 2
ENTER INTO A DEVELOPMENT AGREEMENT
WITH WILLIAM D. LEAVELL AND LUCILE M. LEAVELL
1"1/. )9
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ?
day of m((A..Lr^-, , 2000.
r
APPROVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this 2/ S"fr
day of /J'LtvL~^- ,2000.
ATTEST:
nlsg/Z:\W ork\M\Meridian 1 5360M\Creekside Arbor\RESOLUTION
RESOLUTION OF THE CITY OF MERIDIAN - PAGE -
AUTHORIZING THE MAYOR TO ENTER
INTO A DEVELOPMENT AGREEMENT WITH
JAMES A. POST AND ROSETTA POST
CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I. That I am the duly appointed and elected Clerl< of the City of Meridian,
a dllly incorporated City operating under the laws of the State of Idaho, vvith its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City,~I am the custodian of its records and
minutes and do hereby certify that on the 2;$'p day of /J(t"l/LC/I'L- ,2000,
the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND WILLIAM D. LEAVELL AND
LUCILE M. LEAVELL, HUSBAND AND WIFE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS7 it is in the best interests of the City of Meridian to enter i11tO a11
agreement with WILLIAM D. LEAVELL and LUCILE M. LEA YELL, husband and
wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached
hereto marl(ed as Exhibit "A" to this Resolution, the reasons and authority for which
are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
I. The Mayor and Clerl( are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with WILLIAM D. LEAVELL AND
LUCILE M. LEAVELL, husband and wife, entitled "DEVELOPMENT
AGREEMENT", by and between the City of Meridian and WILLIAM D. LEAVELL
and LUCILE M. LEAVELL, husband and wife, a copy of which is attached hereto
marlced as Exhibit "A" to this Resolution and to bind this City to its terms and
conditions.
STATE OF IDAHO,
: 55.
County of Ada, )
~,~ 1 S t I A
c- On this {/l day of f'Y\1.Ul:-VL- , in the year 2000, before me,
6hel :Lr t _ , a Notary Public, appeared WILLIAM
G. BERG, _, l<nown or identified to me to be the City CIerI, of the City of
Meridian, Idaho, that executed the said instrun1ent, and acl<nowledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
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Nota Pub ic for Idaho
Commission Expires: ~ ~ 10 -{) 0
msglZ:\ W ork\IV1\Meridian 15360M\Creek.side Arbor\CERTofCLI(forRESOLU
R. .. .T;iC E r%J-~-:;1 rt
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MAR - 3 2000
CITY OF lVIERIDLv~
RESOLUTION NO 3/0
BY: CItPr41J1C(;{f1dfl;~.J
U~ ep~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERlDIAN AND WINSTON H. MOOREIJAMES L.
BOYD AND MAGIC VIEW PARTNERS, AN IDAHO GENERAL
PARTNERSHIP.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERlDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with Winston H. MoorelJ ames L. Boyd and Magic View
Partners, an Idaho General Partnership, denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto marl(ed as Exhibit "A" to
this Resolution, the reasons and authority for which are as set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerl( are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with Winston H.
Mooref]ames L. Boyd and Magic View Partners, an Idaho General Partnership,
entitled "DEVELOPMENT AGREEMENT", by and between the City of
Meridian and Winston H. MoorelJames L. Boyd and Magic View Partners, an
Idaho General Partnership, a copy of which is attached hereto marl(ed as
Exhibit "A" to this Resolution and to bind this City to its terms and
conditions.
Resolution (AZ-99-022) - 1
(
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2/ Jp
day of /J1 M,C/....... , 2000. -
APPROVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this
2{5?P day of /JUvz-d- ,2000.
ATTEST:
msg/Z:\ W ork\M\Meridian I 5360M\Magic Vievv\Resolution
Resolutiol1 (AZ-99-022) - 2
CERTIFICATE OF CLERl(
OF
THE CITY OF MERlDIAN
I, the ltndersigned, do hereby certify:
I. That I am the dilly appointed and elected Clerl< of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, vvith its
principal office at 33 East Idaho, Meridian, Idaho.
. 2. That as the Ci:y Clerk of this C~1);:, I am the custodian of its records and
minutes and do hereby certIfy that on the .2/59 day of /J1M..C/u ,2000,
the follovving action has been tal<en and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND WINSTON H. MOORE/JAMES L.
BOYD AND MAGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with Winston H. Moore/Jarnes L. Boyd and Magic View Partners, an
Idaho General Partnership, denoted as "DEVELOPMENT AGREEMENT", a copy of
which is attached hereto marl,ed as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreelnent.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
Certificate of Clerl< of the City of Meridian (AZ-99-022) - 1
1. The Mayor and CIerI, are hereby authorized to enter into al1d 011 bel1alf
of the City of Meridian that certain agreement vvith Winsto11 H. Moore/Jalnes L.
Boyd and Magic Vievv Partners, an Idaho General Partnership, e11titled
"DEVELOPMENT AGREEMENT", by and betvveen the City of Meridian a11d
Winston H. MoorelJames L. Boyd and Magic View Partners] an Idaho General
Partnership, a copy of vvhich is attached hereto marl,ed as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
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SEAL
STATE OF IDAHO,
COllnty of Ada,
)
qn this 'll day of rY\tLrLJv , in the year 2000, before me,
iShelb1J ~~m Zf",-, , a Notary Public, appeared WILLIAM
G. BERG, JR., Imovvn or identified to Ine to be the City CIerI, of the City of
Meridian, Idaho, that execllted the said instalment, and aclmovvledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
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Commission Expires: 1'--?b---OO
msglZ:\W ork'Jv1'Jv1eridian 15360M\lV1agic Vie\v\CERTofCLI(forRESOLU
Certificate of CIerI, of the City of Meridian (AZ-99-022) - 2
BEFORE THE CITY COUNCIL OF
THE CITY OF MERlDIAN
RECEIVED
MAR ... 1 _2000
CITY OF MERID1AJ~
02-28-00
IN THE MATTER OF THE )
REQUEST FOR REZONE OF )
APPROXIMATELY I. 761 ACRES )
FOR APARTMENT )
DEVELOPMENT AT 1318 E. )
FOURTH STREET, )
)
LYND HOOVER, )
Applicant. )
)
Case No: RZ-OO-OOI
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled lnatter on the rezoning application of 1.761 acres
having CaIne on for public hearing on February 15, 2000, at the hour of 7:30 o'clocl<
p.m., and Council having received the report of Shari Stiles, Planning and Zoning
Admi11istrator, and Bruce FrecIdeton, Assistant to City Engineer, and L)'11d Hoover,
the Applicant, appeared and testified, and no one appeared in opposition to the
request, and the Council having received the record of this matter Inade before the
Plannil1g and Zoning Commission, and having received their Recommendation to the
City Council, and the City Council having duly considered the evidence and the
record in this matter therefore makes the following Findings of Fact and Conclusions
of Law, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 1
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
pubIished for two (2) consecutive weel,s prior to said public hearing scheduled for
February IS, 2000, before the City Council, the first publication appearing a11d
written notice having been mailed to property owners or purchasers of record within
three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration lTIOre than
one weel< before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
lnatter having been duly considered by the City Council at the February 15, 2000,
public heari11g; and the applicant, affected property owners, a11d governn1ent
subdivisions providing services within the planning jurisdictio11 of the City of
Meridian, having been given full opportunity to express comments and sublnit
evidence.
2. There has been cOlnpliance with all notice and hearing
requirements set forth in Idaho Code ss 67 -6509 and 67 -6511, and Meridia11 City
Code SS 11-15-5 and 11-16-1.
3. The City Council tal<es judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title II and Title 12,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 2
and all current zoning Inaps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance No. 629 - January 4,1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 1.761 acres in size. The property
is generally located at 1318 E. Fourth Street] in Meridian, and is described as follows:
A parcel of land lying in the NW 1/4 of Section 7, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the center 1/4 corner of Sectio11 7] Township 3 North,
Range 1 East, Boise Meridian, thence N 00000'00" E 1294.00 feet along
the east line of the NW 1/4 to a point; the11ce S 89001'30" W 517.00
feet parallel with the south line of the NW 1/4 to the REAL POINT OF
BEGINNING of this description;
Thence continuing S 89001'30" W 215.01 feet to a point;
Thence N 00000'00" E 370.48 feet parallel with the east line of the NW
1/4 to the northeast corner of Olive Dale Subdivision No.1, filed in
Bool( 21 of Plats, at Page 1392, records of the Ada County Recorder's
Office.
Thence S 88058'53" E 102.38 feet to the southwest corner of a parcel of
land as shown on that certain Record of Survey No. 2132, records of
Ada County Recorder's Office;
Thence N 89056' II" E 112.62 feet along the south boundary of said
parcel to a point;
Thence S 00000'00" W 365.13 feet parallel with the east line of the NW
1/4 to the REAL POINT OF BEGINNING of this description;
Said parcel of land contains 1.813 acres, more or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 3
5. The owner of record of the subject property is Lynd Hoover, of
3420 Sugar Creel<., Meridian, Idaho.
6. The Applicant is the owner of record.
7. The property is presently zoned as R-8 and R-15, and is vacant
except for one house.
8. The Applicant requests the property be rezoned to R-15 entirely.
9. The proposed site is surrounded by R-8 and R-15 zoned property.
The site is located at 1318 E. Fourth Street.
10. The subject property is within city limits of the City of Meridian.
11. The entire parcel of the property is included withi11 the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian COlnprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: apartment development.
13. The Applicant's requested rezoning of the subject real property as
R-lS is consistent with the cormnercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Existing
Urban.
14. There are no significant or scenic features of Inajor importa11ce
that affect the consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-OOI) - 4
15. The subject application for rezone and the proposed development
relates and is compatible to the goals and policies of the Comprehensive Plan of the
City as follows:
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the
cOlnmunity.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for
services.
Goal 10: To create an Urban Service Planning Area which is visually attractive,
efficiently managed and clearly identifiable.
Economic Development Chapter
3.1 U - Approve quality housing projects that meet the needs of all economic levels.
3 .2U - Encourage efforts to develop and maintain quality neighborhoods and
housing. . .
Land Use Chapter
Goal: All land use development in the Meridian area will be considered an asset to
the community and not detract from our quality of life.
1.4U - Encourage new development which reinforces the City's prese11t developme11t
pattern of higher-density development within the Old Tovvn area a11d lower-density
developlnent in outlying areas.
1.8U - Promote the development of high-quality and environmentally cOlnpatible
residential areas that contain the necessary parl(s, schools and
commercial facilities to maintain and form identifiable neighborhoods.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 5
2.1 U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for
residents.
2.4U - Encourage sidewall(s and paved streets for all existing neighborhoods...
2.5U - Encourage compatibIe infill development which will improve existing
neighborhoods.
Transportation Chapter
Local Streets: Serve primarily to provide direct access to abutting residential units
and should be for local traffic movement. They are generally two lanes with parldng
with a right-of-way width of about 50 feet. Service to through-traffic is discouraged.
The remaining transportation corridors of the Meridian Urban Service Planni11g Area
are recommended for local street status.
1.2U - Achieve a local transportation system connected to all modes of the regional
transportation system.
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.19U - Encourage proper design of residential neighborhoods to e11sure their safety
and tranquility.
Housing Chapter
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.6 - Housing proposaIs shall be phased with transportatio11, open space and public
service and facility plans, which will maximize benefits to the residents,
minimize conflicts and provide a tie-in between new reside11tial areas
and service needs.
1.9 - The efficient use of land for public facilities, transportation systems, utilities,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 6
and the economic arrangement of buildings should be promoted.
1.12 - Land development regulations should be revised to encourage the infilling of
existing vacant parcels within the city limits.
1.14 - Design and performance standards should be applied to infilling development
in order to reduce adverse impacts upon existing adjacent development.
1.15 - Owners or remnant residential parcels or partially-developed residential parcels
should be encouraged to consolidate these properties where possible to
prevent the proliferation of small parcels of vacant land withi11 the city
limits. "
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and parI, facilities, and
near major access thoroughfares.
Community Design Chapter
6.1 U - All Meridian neighborhoods will be served with sidewall(s, curb and gutters,
and functional streets.
6.2U - Pedestrian access connectors will be required in all new development to linl(
subdivisions together to promote neighborhood identity.
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
16. In review of the application for rezone it is provided at Meridian
City Code S II-IS-IIfor the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
16.1 The new zoning will be harmonious with and in
accordance with the Comprehensive Plan;
16.2 The area included in the zoning amendment is not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 7
intended to be rezoned in the future;
16.3 The proposed use will be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use wiII not change the
essential character of the same area, subject to the
conditions of the conditional use process;
16.4 The proposed use will not be hazardous or disturbing to
existing or future neighboring uses, subject to the
conditions of the conditional use process;
16.5 The area will be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shalI be able to provide
adequately any of such services;
16.6 The use will not create excessive additional requirelnents at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
16.7 The use will not involve uses, activities, processes,
materials, equiplnent and conditions of operation that will
be detrilnental to any persons, property or the general
welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
16.8 The area will have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
16.9 The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
16.10 The proposed zoning will be in the best interest of the City
of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) .. 8
16.2 Staff conditions provide as follows:
16.2.1 Sanitary sewer service to this site could be via an extension
froIn the existing main that is adjacent to the proposed
development. Upon development] applicant wilI be
responsible to construct the sewer mains to and through
this proposed site. Development designer to coordinate
main sizing and routing with the Public W orl,s
Department. Sewer 1uanholes are to be prov~ded to l,eep
the sewer lines 011 the south and west sides of the
centerline.
16.2.2Water service to this site will be via extensions of existi11g
mains installed adjacellt to the proposed site. Upon
development, applicant will be responsible to construct the
water mains to and through this proposed site.
Developluent designer to coordinate luaill sizi11g and
routing with the Public W orl,s Department. Applicant
shall be required to cOluplete looping of water mains il1to
existing adjacent developments.
16.2.3 Enforcelue1lt actio1l1uay be initiated if this parcel is not
brought into an acceptable condition within the l1ext 30
days. The existing fence does not 1neet setbacl,
requirelnents, many vehicles (most appearillg to be
disabled) are present, and there is generally a proliferation
of misceIlaneous equipment and materials. Without all 011-
site inspection, staff is unable to determine all the
violations that presently exist. Total clean-up of the site
and cOlnpliance with existing ordinallces within 30 days is
required.
16.2.4Any existing dOluestic wells and/or septic systems withil1
this project will have to be removed from their dOluestic
service per City Ordinance. Wells may be used for n011-
domestic purposes such as la1ldscape irrigation.
16.2.5Provide five-foot-wide sidewall<s ill accordance with City
Ordinance and other roadway dedication and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-OOI) - 9
(
improvements as required by ACHD.
16.2.6Dedicate 25-feet of right-of-way for the extension 4th
Street abutting the parcel along the west property line
from Badley Street to the south property line, by means of
recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or
other required permits)] whichever occurs first.
16.2.7The Applicant shall construct a 5-foot wide concrete
sidewall( only on the property owned by the Applicant.
16.2.8Extend 4th Street from Badley Street to the south property
line as one-half of a 37 -foot street section, plus 12-feet of
additional pavement, with curb] gutter and 5-foot wide
concrete sidewall(. Coordinate the improvements with
District staff.
16.2.9Construct driveways 24 to 30-feet wide and a minimUlU of
50-feet from any street intersection. Pave the driveways
their full required width and at least 30-feet beyond the
edge of pavement of Badley Street or 4th Street.
16.2.10Utility street cuts in the new pavement are not alIowed
unless approved in writing by the District.
16.2.11As required by District policy, restrictions on the width,
number and locations of driveways, shall be placed on
future development of this parcel.
17. The legal description of the property that is the subject of this
application for re-zone is as follows:
A parcel of land lying in the NW 1/4 of Section 7, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the center 1/4 corner of Section 7, Township 3 North,
Range 1 East, Boise Meridian, thence N 00000'00" E 1294.00 feet alol1g
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 10
the east line of the NW 1/4 to a point; thence S 89001'30" W 517.00
feet parallel with the south line of the NW 1/4 to the REAL POINT OF
BEGINNING of this description;
Thence continuing S 89001'30" W 215.01 feet to a point;
Thence N 00000'00" E 370.48 feet parallel with the east line of the NW
1/4 to the northeast corner of Olive Dale Subdivision No.1, filed in
Bool( 21 of Plats, at Page 1392] records of the Ada County Recorder's
Office.
Thence S 88058'53" E 102.38 feet to the southwest corner of a parcel of
land as shown on that certain Record of Survey No. 2132, records of
Ada County Recorder's Office;
Thence N 89056'11" E 112.62 feet along the south boundary of said
parcel to a point;
Thence S 00000'00" W 365.13 feet parallel with the east line of the NW
1/4 to the REAL POINT OF BEGINNING of this description;
Said parcel of land contains 1.813 acres, more or less.
CONCLUSIONS OF LAW
1. The Council may tal(e judicial notice of government
ordinances, and policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and
responsibility as provided by "Local Land Use Planning Act of 1975", codified at
Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of
Meridian adopted December 21,1993, Ord. No. 629, January 4,1994.
3. The following are found to be pertinent provisions of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-OOI) - II
Meridian Comprehensive Plan and are applicable to this Application:
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for
servIces.
Goal 10: To create an Urban Service Planning Area which is visually attractive,
efficiently managed and clearly identifiable.
Economic Development Chapter
3.1 U - Approve quality housing projects that meet the needs of all econoluic levels.
3 .2U - Encourage efforts to develop and maintain quality neighborhoods and
housing. . .
Land Use Chapter
Goal: All land use development in the Meridian area will be considered a11 asset to
the COlTI1TIUnity and not detract from our quality of life.
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density deveIoplnent within the Old Town area and lower-density
development in outlying areas.
1.8U - Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parI,s, schools and
comlnercial facilities to Inaintain and form identifiable neighborhoods.
2.1 U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.3U - Protect and maintain residential neighborhood property values, improve each
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY RoolS BY: LYND HOOVER/ (RZ-OO-OOI) - 12
f
(
\
neighborhood's physicaI condition and enhance its quality of life for
residents.
2.4U - Encourage sidewall<s and paved streets for all existing neighborhoods...
2.5U - Encourage compatible infill developluent which will improve existing
neighborhoods.
Transportation Chapter
Local Streets: Serve primarily to provide direct access to abutting residential units
and should be for local traffic movement. They are generally two lanes with parldng
with a right-of-way width of about 50 feet. Service to through-traffic is discouraged.
The remaining transportation corridors of the Meridian Urban Service Planning Area
are recommended for local street status.
1.2U - Achieve a local transportation syste1u connected to all modes of the regional
transportation system.
1.4U - Monitor and coordinate the compatibility of the land use and transportatio11
system.
1.19U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Housing Chapter
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the reside11ts,
minimize conflicts and provide a tie-in between new residential areas
and service needs.
1.9 - The efficient use of land for public facilities, transportation systems, utilities,
and the economic arrangement of buiIdings shouId be promoted.
1.12 - Land development regulations should be revised to encourage the infilling of
existing vacant parcels within the city limits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 13
/-
t
1.14 - Design and performance standards should be applied to infilling developnlent
in order to reduce adverse impacts upon existing adjacent development.
1.15 - Ovvners or remnant residential parcels or partially-developed residential parcels
should be encouraged to consolidate these properties where possible to
prevent the proliferation of small parcels of vacant land within the city
limi ts .
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and parl( facilities, a11d
near major access thoroughfares.
Corrununity Design Chapter
6.1 U - All Meridian neighborhoods will be served with sidewall(s, curb and gutters,
and functional streets.
6.2U - Pedestrian access connectors will be required in all new development to link
subdivisions together to promote neighborhood identity.
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
4. The requested zoning of Medium High Density Residential
District, (R-15) is defined in the Zoning Ordinance at 11-7-2 E as follows:
(R-15) Medium High Density Residential District: The purpose of the
(R-15) District is to permit the establishment of medium-high density
single-family attached and lTIulti-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such districts must
have direct access to a transportation arterial and collector, abut or have
direct access to a park or open space corridor, and be connected to the
Municipal Water and Sewer systems of the City. The predominant
housing types in this District will be patio homes, zero lot line single-
family dwellings, townhouses, apartment buildings and condominiums.
5. Idaho Code S 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 14
shall establish by ordina11ce one or more zones or zoning districts in accordance with
the adopted Comprehensive Pla11 and the ordinance establishing zoning districts can
be a1nended with particular consideration given to the effects of a11Y proposed Z011e
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is i11 conforlnance with the Comprehensive Plan.
6. Idaho Code S 67 -6511A provides:
Each governing board may, by ordinance adopted or alne11ded in
accordance with the 110tice and hearing provisions provided lInder
section 67 -6509, Idaho Code, require or permit as a condition of
rezoning that an owner or developer make a written commitment
concerning the use or developlnent of the subject parcel. The gover11ing
board shall adopt ordinance provisions governing the creation, forn1,
recording, modification, e11forcement and termination of conditio11al
commitlnents.
7. The City of Meridian by the adoption of Meridia11 City Code S
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer Inal,e a written commitlnent concerning the use or
developlnent of the subject property.
8. S 11-6-1 ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory Inatter thereo11, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of arty of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-OOI) - 15
8.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams] lal<.es or other bodies of water, the centerline shall be
construed to be such boundary;
8.2 Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
8.3 Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale sho'W11 on the Official Zoning Map; and
8.4 Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
tracl(s of said railroad line.
9. S lI-IS-IIof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as folIows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment:
9.1 The new zoning will be harmonious with and in accorda11ce with
the Comprehensive Plan.
9.2 The area is not intended to be rezoned in the future.
9.3 The area is intended to be developed in the fashion that is
allowed under the l1ew zoning.
9.4 There has been no change in the area or adjacent areas which
would dictate the area should be rezoned.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 16
9.5 The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
9 . 6 The proposed uses will not be hazardous or disturbing to existi11g
or future neighboring uses;
9.7 The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
9.8 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
9.9 The proposed uses will not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smol,e, fumes,
glare or odors;
9.1 0 The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
9.11 The use will not result in the destruction, Ioss or damage of a
natural or scenic feature of major importance; and
9.12 The proposed zoning amendment is in the best interest of the
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-OOI) - 17
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately 1.761 acres
for C011struction and development of an apartment developluent is granted, subject to
the terlUS and conditions of this Order hereinafter stated; and
2. The following special tenns and conditions of use a11d
development relate to this application to-wit:
2.1 Sanitary sewer service to this site could be via a11 extension frolu
the existing main that is adjace11t to the proposed development.
Upon development, applicant will be responsible to constrllct the
sewer Inains to and through this proposed site. Developme11t
designer to coordinate main sizing and routing with the Public
W orl<s Department. Sewer manhoIes are to be provided to l(eep
the sewer lines on the south and west sides of the centerline.
2.2 Water service to this site will be via extensions of existi11g mai11S
installed adjace11t to the proposed site. Upon development,
applicant will be responsible to construct the water mai11S to and
through this proposed site. Developmel1t designer to coordinate
main sizing and routing with the Public W orl(s Departluent.
Applicant shall be required to complete looping of water mains
into existing adjacent developments.
2.3 Enforcement action may be initiated if this parcel is not brought
into an acceptable condition within the next 30 days. The
existing fence does not meet setbacl<. requirements, Ina11Y vehicles
(most appearing to be disabled) are present, and there is generally
a proliferation of miscellaneous equipment and materials.
Without an on-site inspection, staff is unable to determine all the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 18
violations that presently exist. Total clean-up of the site al1d
compliance with existing ordinances within 30 days is required.
2.4 Any existing domestic wells and/or septic systelTIS within this
project will have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
2.5 Provide five-foot-wide sidewall,s in accordance with City
Ordinance and other roadway dedication and ilnproveme11ts as
required by ACHD.
2.6 Dedicate 25-feet of right-of-way for the extension 4th Street
abutting the parcel along the west property line froln Badley
Street to the south property line, by means of recordation of a
final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits),
whichever occurs first.
2.7 The Applicant shall construct a 5-foot wide concrete
sidewall, only on the property owned by the Applicant.
2.8 Extend 4th Street from Badley Street to the south property line
as one-half of a 37 -foot street section, plus 12-feet of additiol1al
pavelnent, with curb, gutter and 5-foot wide concrete sidewall,.
Coordinate the improvements with District staff.
2.9 Construct driveways 24 to 30-feet wide a11d a IninilTIUlTI of 50-
feet from any street intersection. Pave the driveways their full
required width and at least 3D-feet beyond the edge of paveme11t
of Badley Street or 4th Street.
2.10 Utility street cuts in the new pavelnent are not allowed
unless approved in writing by the District.
2.11 As required by District policy, restrictions on the width,
number and locations of driveways, shall be placed on
future development of this parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-OOI) - 19
3. The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the re-designation of the zoning for the
real property which is the subject of the application to (R-15) Mediuln High Density
Residential District (Meridian City Code S 11-7-2 E) which ordinance shall be
considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided i11
Meridian City Code S 11-21-1 in accordance with the provisions of the rezoni11g
ordinance.
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 g 67 -65 21. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the rezoning luay, within twenty-eight (28) days after the date
of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on /l1 a'1-[fv
7~k
--=,2000.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-OOI) - 20
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED*-0
COUNCILMAN I<EITH BIRD
VOTED ~t_-
VOTED~L
VOTED -flt-1iG
COUNCIL PERSON TAMMY deWEERD
COUNCIL PERSON CHERlE McCANDLESS
MAYOR ROBERT CORRIE (TIE BREAI<ER)
DATED: 5-7-00
VOTED
MOTION:
APPROVED~ --" ---
DISAPPROVED:
Copy served upon AppIicant, the Planning and Zoning Department, Public W orlcs
Department and the City Attorney.
Dated:
}-7- tltJ
ffiSglZ:\ W ork\M\Meridian I 5360M\Hoover Rezone\FfsClsOrderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO
ENTIRELY R-15 BY: LYND HOOVER/ (RZ-OO-001) - 21
,..
f[.3}C~LL ~T2D
M~R - \. 2000
CITY OF MERIDIAN
02-29-00
BEFORE THE MERlDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF ROBERT
GLENN, THE APPLICATION
FOR ANNEXATION AND
ZONING OF 7.99 ACRES FOR
PROPOSED GLENN-USTICI(
SUBDIVISION, LOCATED AT
USTICI( ROAD WEST OF
LOCUST GROVE ROAD,
MERlDIAN, IDAHO
)
)
)
)
)
)
)
)
)
)
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Case No. AZ-OO-OOI
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having COllle on
for public hearing on February 15, 2000, at the hour of 7 :30 p.lTI., and Sllari Stiles,
Planl1i11g alld Zoning Adn1illistratof, appeared alld testified, alld appearing 011 behalf
of the Applicant was Pat Tealey of Tealey's La11d Surveying, a11d 110 one appeared ill
oppositioll, and the City Council having duly C011sidered the evidence and the record
in this matter therefore mal,es the following Findings of Fact and COllClusiollS of
Law, a11d Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the applicatioll for annexation and
zoning was published for two (2) COllsecutive weeks prior to said public hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO I)
scheduled for February 15, 2000, before the City CounciI, the first publication
appearing and written notice having been lnailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having beel1 posted upon the property under consideration
luore than one weel( before said hearing; and that copies of all notices were n1ade
available to l1ewspaper, radio and television stations as public service annou11cenlel1ts;
and the lnatter having been duly considered by the City Cou11cil at the February 15,
2000, public hearing; and the applicant, affected property owners, al1d governlnent
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express COlnmel1ts and sublnit
evide11ce.
2. There has been cOlnpliance with all notice a11d heari11g requirelnents set
forth il1 Idaho Code ss 67-6509 and 67 -6511, a11d Meridian City Code ss 11-15-5
a11d 11-1 6 -1 .
3. The City Council tal(es judicial notice of its zoni11g, subdivisio11s a11d
deveIoplnent ordinances codified at Titles II and 12, Meridian City Code, a11d all
current zoni11g maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance No. 629, January 4,1994, a11d Inaps a11d the
ordil1a11ce EstabIishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
4. The property which is the subject to the application for annexation and
z011ing is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 7.99 acres in size. The property is
located at Usticl<. Road west of Locust Grove Road, Meridia11, Idaho. The property
is designated as the Glenn Usticl<. Property.
5. The owner of record of the subject property is Ted G. and Wanda L.
Hepper, of 1440 U sticl( Road, Meridian, Idaho.
6. Applicant is Robert Glenn, of 604 N. Cole Road, Boise, Idaho.
7. The property is presently zoned by Ada County as Rural Tra11sitional
(R-T), and consists of open ground with 011e single falnily home.
8. The Applicant requests the property be zoned as Low Del1sity
Residential (R-4).
9. The subject property is bordered to the north by Ada COU11ty and city
limits of the City of Meridian are adjacent and abut to the south and west of the
subject property.
10. The property which is the subject of this applicatio11 is within the Area
of Impact of the City of Meridian.
II. The e11tire parcel of the property is included within the Meridian Urba11
Service Planning Area as the Urban Service Plal111ing Area is defined in the Meridia11
C0111prehe11sive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OOl)
12. The Applicant proposes to develop the subject property in the followi11g
manner: develop a residential subdivision.
13. The Applicant requests zoning of the subject real property as Low
Density Residential (R-4) which is consistent with the Meridian COll1prehellsive Pla11
Generalized Land Use Map which designates the subject property as Single Fall1ily
Residential.
14. There are no significallt or scenic features of Inajor ilnportallce that
affect the consideration of this application.
15. Giving due consideration to the COffilnent received froIn the
governlne11tal subdivisions providing services in the City of Meridiall plannil1g
jurisdictioll, public facilities and services required by the proposed developll1ent will
not ilnpose expense upon the pubIic if the following conditions of developmel1t are
imposed:
Adopt the Recommendation of the Planning and Zoning staff as follows:
15.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinallce. Plalls will
need to be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirlnatiol1 of said approval
sublnitted to the Public W orl,s Department.
15.2 Any existing dOlnestic wells and/or septic systelns within this project will
have to be ren10ved from their dOlnestic service per City Ordinance
Section 5-7 -517 . Wells may be used for 11011-domestic purposes such as
landscape irrigation.
Adopt the Recommendation of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
15.3 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
15.4 An elnergency turnaround will have to be provided.
16. It is found that if the developer pays for the requested ilnprovements
and complies with the conditions set forth in these Findings of Fact No. IS, a11d all
sub-parts, the econolnic welfare of the City and its residents a11d tax and rate payers
will be protected, which requirelnent shall be incIuded in a development agreelnent, a
condition of annexation and zoning designation.
17. It is also found that the development considerations as referenced in
Finding No. 15 are reasonable to require and lTIUSt be tal,en into account, i11 order to
assure the proposed development is designed, constructed, operated and maintai11ed
il1 a Ina1111er which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity a11d will i11sure that tl1e
proposed uses will not be hazardous or disturbing to the existing, or future
11eighboring uses, particularly considering the ilnpact of proposed development on
potential to produce excessive traffic, noise, smol<.e, fumes] glare a11d odors.
18. It is found that the zoning of the subject real property as (R-4) Low
Density Residential District allows 011ly single-family dwellings with a luaxilTIllll1 of
four (4) dwelling units per acre and requires connection to the Municipal Water a11d
Sewer systelTIS and will be compatible with the Applicant's developlnent i11te11tio11S,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
and will assure that the zoning is consistent with the Meridian Comprehensive Pla11
Generalized Land Use Map which designates the subject property as Low Density
Si11gle Falnily and Rural Residential Housing.
19. The subject annexation request and zoning designation a11d proposed
developluent relates and is compatible to the goals and policies of the COluprehe11sive
Plan of the City as follows:
19.1 The consideration of the provisions of the Comprehe11sive plan a11d the
requirements of the Z011ing ordinance assure that the processing of SllCh
application is the managelnent of growth with the ailn to ac11ieve l1igl1-
quality developlnent. Enhancement of Meridian's qllality of life for all
residents is achieved by applying the criteria of the COlnprehe11sive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2 This proposed new growth developlnent will fina11ce public service
expansio11 by the requirelnent herein that the applicant cOlnply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area sublnitted in the record of this
matter.
19.3 The application is consistent with Meridiart's self ide11tity.
19.4 The preservation and improvelnent of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient comn1unity is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
19.5 Conlpliance with the requests of the political subdivisions providi11g
services] assures that community services are being provided for existi11g
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-001)
19.6 Compatible and efficient use of land through innovative and functiol1al
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
20. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon writte11
request for an11exation and the real property being contiguous or adjacent to city
bou11daries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City 111ay
a11nex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council filay take judicial notice of governme11t ordinances, a11d
policies, and of actual conditio11S existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Colnprehensive Plan City of Meridian adopted
Decelnber 21, 1993, Ord. No. 629, January 4,1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan -are set forth at Page 5 a11d
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
4.1 To preserve Meridian's environmental quality a11d to mal,e
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
progralns.
4.2 To ensure that grovvth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distributioI1'
of new housing units within the Urban Service Pla11ning
Area.
4.3 To encourage the ldnd of eC0110mic grovvth and
development which supplies employment and eC01101nic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthe11s the City's
ability to finance and ilnplelnent public improveluents,
services and its open space character.
4.4 To provide housi11g opportunities for all econolnic groups
within the community.
4.5 To preserve and ilnprove the character and quality of
Meridian's Inan-made environment while maintaini11g its
identity as a self-sufficient conlIDunity.
4.6 To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide cOlnrnunity services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative a11d functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
4.10 To create an Urban Service Pla11ning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the
COffilTIUnity.
Goal 8: To establish compatible and efficient use of land through the llse of
innovative and functional site design.
Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for
services.
Goal 10: To create an Urban Service Planning Area which is visually attractive,
efficiently Inanaged and clearly identifiable.
Economic Development Chapter
3.1 U - Approve quality housing projects that meet the needs of all economic levels.
3.2U - Encourage efforts to develop and maintain quality neighborhoods and
housing. . .
Land Use Chapter
Goal: All land use development in the Meridial1 area will be considered an asset to
the cOlnlnunity and not detract from our quality of life.
1.4U - E11courage new development which reinforces the City's present developluent
pattern of higher-density development within the Old Town area and lower-de11sity
developlnent in outlying areas.
1.8U - Promote the developlnent of high-quality and environmentally cOlnpatible
residential areas that contain the necessary parIes, schools and commercial
facilities to maintain and form identifiable neighborhoods.
2.1 U - Support a variety of residential categories for the purpose of providing the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO I)
City with a range of affordable housing opportunities.
2.3U - Protect and maintain residential neighborhood property values, improve eacl1
neighborhood's physical condition and enhance its quality of life for residents.
2.4 U - Encourage sidewall,s and paved streets for all existing neighborhoods. . .
2.5U - E11courage compatible infill development which will improve existi11g
neighborhoods.
Transportation Chapter
Local Streets: Serve primarily to provide direct access to abutting residential units
and should be for local traffic movement. They are generally two lanes with
parldng with a right-of-way width of about 50 feet. Service to through-traffic is
discouraged. The remaining tra11sportation corridors of the Meridia11 Urban
Service Plan11ing Area are recommended for local street status.
1.2U - Achieve a local transportation system connected to alllllodes of the regio11al
transportation system.
1.4U - M011itor and coordinate the compatibility of the land use and transportation
system.
1.19U - E11courage proper design of residential11eighborhoods to ensure their safety
and tranquility.
Housing Chapter
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.9 - The efficient use of land for public facilities, transportation systems, lltilities,
and the economic arrangelnent of buildings should be promoted.
Community Design Chapter
6.1 U - All Meridian neighborhoods will be served with sidewall,s, curb and gutters,
and functional streets.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
6.2U - Pedestrian access connectors will be required in all new developll1ent to linl,
subdivisions together to promote neighborhood identity.
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
5. The requested zoning of Low Density Residential District, (R-4) is
defined in the Zoning Ordil1ance at 11-7-2 C as follows:
(R-4) Low Density Residential District: Only single-falnily dwellings shall
be permitted and no conditiol1al uses shalI be permitted except for plal1ned
residential development and public schools. The purpose of the R-4 District is
to permit the establishment of low density single-family dwellings, and to
delineate those areas where predominantly residential deveIopment has, or is
lil(ely to occur in accord with the Comprehensive Plan of the City, a11d to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 District allows for a 111axilTIUlTI of
four (4) dwelling units per acre and requires conl1ection to the Municipal
water and sewer systelTIS of the City.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct a11d develop si11gle-
family dwelling units on this parcel of land.
7. Since the annexation and zoning of land is a legislative functio11, t11e
City has authority to place conditions upon the annexation of la11d. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 12-2-4 which pertains to development tilue schedules and require111e11ts;
Section 12-4-13, which pertains to the piping of ditches; and Sectio11 12-5-2 N,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
which pertains to pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridiall.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides
i11 part as follows:
If property is annexed and zoned, the City may require or perlnit] as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
a11nexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the COlTIlnitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subseque11t
owner, and each other person acquiring an interest in the property. A
cOlumitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded COllllnitment is binding on subsequent 0W11ers a11d
each other person acquiring an interest in the property only if the subseque11t
0W11er and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately
7.99 acres to Low Density Residential District (R-4) is granted subject to the terlns
and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 7.99 acres. The legal
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OOl)
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. That the annexation and zoning of the subject property is subject to the
following conditions which shall govern Administrative Staff review and approval of
development permits required for the development of this property, as follows:
3.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. Pla11s will
need to be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confinuation of said approval
submitted to the Public W orles Department.
3.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 5-7 -517 . Wells may be used for non-domestic purposes such as
landscape irrigation.
3.3 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
3.4 An emergency turnaround will have to be provided.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-4) Low Density Residential
District, Meridian City Code S 11-7-2 C.
5. Subsequent to the passage of the Ordinance provided for in sectio11 4 of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
this Order the engineering staff of the Public W orl,s Department shall prepare the
appropriate mapping changes of the official boundaries and zoning Inaps as provided
in Meridian City Code 9 11-21-1 in accordance vvith the provisions of the annexatio11
and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO 1)
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 is a person who
has a11 interest in real property which may be adversely affected by the issua11ce or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decisio11 and order seel( a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
713:-
day of
/ll Wl-C/h-
, 2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED-$-0.--
COUNCILMAN lCEITH BIRD
VOTED -* C<..-
COUNCILMAN TAMMY deWEERD
VOTED*PL
COUNCILMAN CHERIE McCANDLESS
VOTED -* f-../
MAYOR ROBERT D. CORRIE (TIE BREAlCER)
DATED: '3 -- 1- () 0
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO I)
MOTION:
APPROVED~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Departlnent, Public W orles
Department and the City Attorney.
Dated:
3-7-tJ()
msglZ:\Work\M\Meridian 15360M\Glenn Ustick\AZFfCIsOrder
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ROBERT GLENN (AZ-OO-OO I)
MARCH 2, 2000
MERIDIAN CITY COUNCIL MEETING:
MARCH 7, 2000
APPLICANT:
AGENDA ITEM NUMBER:
REQUEST:
TAMMY deWEERD - REQUEST FOR $1000 LIMIT FOR CITY SEAL DESIGN
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
cJY
oJP ~ y1)
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGA liON:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
E
(
Memorandum
To: Mayor Corrie and City COlll1cil Members
From: Tammy de wee~~
Subj: City Seal . U
This memo is to officially request that the City Council approves $1,000 for the design of
an official City Seal for the City of Meridian.
Upon approval of this request I will then be able to proceed with the steps needed to
begin the design process for the City SeaL I will update you as to the progress at future
City Council workshops.
Thank you for your consideration and cooperation.
cc: Will Berg, City Clerk
DELINQUENCY FOR TURN
OFF SCHEDULED FOR 03/07/00
MAYOR: This is to inform you in writing, if you choose
to, you have the right to a predetermination hearing at 7:30
P.M. Tuesday March 7,2000 before the Mayor and City
Council to appear in person to be judged on the facts and to
defend the claim made by this City that your water, sewer
and trash bill is delinquent. You may retain council. This
service will be discontinued on March 7,2000 unless
payment is received in full. Is there anyone present who
wishes to contest his or her water, sewer and delinquency?
No response.
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho code. Even
though they appeal, their water will be shut off. The
amount of the turn off list is $39,343.85.
~ i~~CORDEQ-REQUEST 0~'
~ r~OA r~11}i~'1'Y R~QC' RRER ~.
J. ~A~fQ ~d~VARR~
2o~a ~~ - 2 P~ ~= 2 0 ~~ 10 0 fl~ 5 9 5 f
BEFORE TIDE MERIDIAN CITY co~rNCI~,
z2-~4-99
IN THE MATTER OF THE REQUEST ) CASE NO. VAC-99-005
FOR EASEMENT VACATION IN )
WHITESTONE ESTATES SUBDIVISION )
NO. 2., LOT 4 -BLOCK 7 AND LOT 7 - ) FINDINGS OF FACT AND
BLOCKS ) CONCLUSIONS OF LAW
AND ORDER OF VACATION
WHITESTONE DEVELOPMENT CO., ) OF UTILITY EASEMENT
LLC, APPLICANT )
This matter coming on regularly before the City Council at its regular meeting
on the ~ 6~h day of November, ~ 999, at the hour of 7:~o p.m., and Gary Smith, City
Engineer, appeared and the Council having received the retard from the Planning and
Zoning Commission and its recommendations to the City Council, and no objection
having been received snakes the following Findings of Fact and Decision and Order.
Findings of Fact and Conclusions of Eaw and - Page ~ of 7
order of vacation of Utility Easement 1
V~hitestone Estates Sub. No. 2 / vAC-99-OQ5
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
C~NCE~SZ~NS ~F LAW
1. Easements shall be vacated in the same manner as streets. {I.C. § 50-
1325}.
2. The vacation of an easement which was accepted as part of a platted
subdivision shall be vacated pursuant to the provision of Chapter 13,
Title 50 Idaho Code {I.C. § 40-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized
form of business desiring to vacate a part of a plat which is inside the
boundaries of any City must petition the City Council to vacate. Any
person, persons, firm, association, corporation ar other legally
recognized form of business desiring to vacate a plat or any part thereof
which is inside or within one ~ l }mile of the boundaries of any city must
petition the city council to vacate. Such petition shall set forth
particular circumstances of the requests to vacate; contain a legal
description of the platted area or property to be vacated; the names of
the persons affected thereby, and said petition shall be filed with the
city clerk. Written notice of public hearing an said petition shall be
given, by certified mail with return receipt, at least ten ~ i o } days prior
to the date of public hearing to all property owners within three
hundred ~3oo} feet of the boundaries of the area described in the
petition. Such notice of public hearing shall also be published once a
week for two ~2} successive weeks in the official newspaper of tl~e city,
the last of which shall be not Tess than seven ~7} days prior to the date
of said hearing; provided, however, that in a proceeding as to the
vacation of all or a portion of a cemetery plat where there has been no
interment, or in the case of a cemetery being within three hundred
~30a} feet of another plat for which a vacation is sought, publication of
the notice of hearing shall be the only required notice as to the property
owners in the cemetery. When the procedures set forth herein have
been fulfilled, the city council may grant the request to vacate with such
restrictions as they deem necessary in the public interest. Zn the case of
easements granted for gas, sewer, water, telephone, cable television,
power, drainage, and slope purposes, public notice of intent to vacate is
Findings of Fact and Conclusions of Law and -Page 2 of 7
Order of Vacation of Utility Easement /
Whitestone Estates Sub. No. 2 /VAC-99-005
not required. Vacation of these easements shall occur upon the
recording of the new or amended plat, provided that all affected
easement holders have been notified by certified mail, return receipt
requested, of the proposed vacation and have agreed to the same in
writing. {I.C. § 50-1306A (1), (2), (3) and (5)}
4. ~'ursuant to § 9-6 ~ ~ A 2. a. and b. ~ . of the Meridian Zoning and
Development Ordinance it provides as follows:
Commission Recommendation: The Commission shall review the
request and all agency response and make a recommendation to the
Council for either approval, conditional approval, or denial.
Council Action -When considering an application for the vacation
procedures, the Council shall establish a date for a public hearing and
give such public notice as required by law. The Council inay approve,
deny or modify the application. Whenever public rights-of-way or lands
are vacated, the Council shall provide adjacent property owners with a
quit-claim deed for the vacated rights-of-way in such proportions as are
prescribed by law.
FINDXN~S ~F FACT
~ . Whitestone Development Co., LLC, of 8H5o N. ~adwall, Boise, Idaho,
83714, is a legally recognized foram of business in the State of Idaho.
{see Chapter 6 of Title 53 Xdaho Code}
2. whitestone Development Co., LLC, owner of the property, filed a
petition for the vacation of all utility easements south of West Pintail
Drive on South Moonstone Way and South Lodestone Avenue as
dedicated in Whitestone Estate Subdivision Na. 2.
3. The legal descriptions of the utility easements which are the subject of
this petxtxon are attached herein in Exhibit "A", containing Lot 4 Bloclc
7 and Lot 7 Block 5:
4. The particular circumstances of the requested vacation is:
Findings of Fact and Conclusions of Law and -- Wage 3 of 7
Order of vacatzon of CJtility Easement 1
VVhitestone Estates Sub. No. 21 VAC-99-oa5
When whitestone Estates Subdivision No. 2 was recorded, the utility
easements were located outside the right-of way of South Lodestone
Avenue and South Moonstone 'Way south of west Pintail give in a
~ 0-foot wide utility easement. Meridian School ~7istrict has since
purchase the property south of the ZCennedy Lateral and does not want
either South Lodestone Avenue or South Moonstone way to continue
south to their property. Therefore, the right-af-way and lot lines of
Whitestone Subdivision ~o. 3 have been reconfigured and South
Lodestone Avenue and South Moonstone Way will be vacated south of
west Pintail ]]rive. E~.sting utilities located in the vacated portion of
South Moonstone way and South Lodestone Avenue right-of-way and
within existing utility easements will be relocated to the recanfigured
right-af-way and utility easements.
5. The names of the affected by the petition to vacate include:
S.1 The applicant owner of the property is Whitestone Development
Co., LLC of Boise, Idaho.
5.2 Ada County Highway district of Boise, Idaho.
5.3 Idaho Power Company, Intermountain Gas Company, TCi
Cablevision, U.S. west, the City of Meridian, and the .Ada
County Highway district, and attached hereto as Exhibit "A" as
if set forth in full herein,
6. Written notice of the public hearing of this petition was given by
certified mail with return receipt at least ten (10) days prior to the date
of the public hearing to all property owners within three hundred (300)
feet of the boundaries of the area described in the petition, and such
notice was also published once a week for two (2) successive weeks in
the Idaho Statesman with the last publication which was not less than
seven (7) days prior to the hearing.
7. All affected utility holders have agreed to the requested vacation in
writing.
8. The Ada County Highway District does not object to the requested
Findings of Fact and Conclusions of Law and -Page 4 of 7
Order of Vacation of Utility Easement /
Whitestone Estates Sub. No. 2 /VAC-99-005
vacation.
9. All publication costs have been paid by the petitioner.
DECISION AND ORDER ~F'VACATI~N ~F UTILITY EASEMENTS
NaW, TI~EREFDRE, BASED UI'~N TAE ABaVE AND FaRE~~ING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND
STATEMENT 4F FACTS RELATIVE T~ LEGAL AUTHORITY AND
JURISDICTION, the City Council does hereby ORDER and this does ORDER
that:
~ . Those certain utility easements as depicted on the Final Plat of
Whitestone Estates Subdivision No. 2, ACAD DWG: FILE 1
52738o1whx2sub2, DATE: December 6, X996, SHEET` ~ of 2, by
PA.CXFZC LAND SUR'VEY~RS, which lie to the south of West Pintail
Drive on South NZoonstone Way and lie to the South of Lodestone
Avenue are hereby vacated.
2. The City Clerk shall cause a copy of this order to be served upon the
affected utility holders, and the petitioner, Public Worlcs, Planning and
Zoning Departments, and the City Attorney's office.
3. The City Clerk shall cause a certified copy of this order to be recorded
with the .Ada County Recorders office.
Findings of Fact and Conclusions of Law and -Page 5 of 7
Order of Vacation of Utility Easement /
Whitestone Estates Sub. No. 2 /VAC-99-005
NoT~c~ of ~~NAL Ac~zoN
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the vacation may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By actin of the City Council at its regular meeting held on the 7~=~" day of
rn , 1999. I
ROLL CALL
C~UNCzLMAN ANDERSEN
C~CJNCzLNM.A.N BENTLEY
COUNCILMAN BIRD
CoUNCzL~AN R~UNTREE
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: C2 - 7~
VOTED ~f~'~'~
VOTED__~~
VOTED__~
VOTED__~~~
VOTED
M~TZON:
APPROVED: ~~ - DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Departure t and City Attorney.
BY~ ~ ~ ~ ~ DATED:
City Clerk
~a-7 ~y
Findings of Fact and Conclusions of Law and - Page ~ of 7
order of Vacation of Utility Easement /
whitestone Estates Sub. No. 21 VAC-99-o05
STATE OF zDA~O,
Ss.
County of Ada. }
On this day of . ~ ~ , ~ 999, 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.
ZN 'VIrZTNES S WHEREOF, ~ have hereunto set my hand and affixed my
official se ~~~~~~~~and year first above written.
~~, r
4 ~"~ ,~` •
S ~~~'~~ w
~'~ = Nata Public for Idaho
~U ~ ~ ~
~' ~ L ~ .' Commission E Tres : ~~~ ~ ~
l~I~~ ~~~~~~~o~~~ ~ ~~~~
~~~~~ F I~ ~~~~.
xr11l11~~
Z:IWor1c1M1Meridian 15360M1Whitestone EstlFfClordvacUtilityEasmt
Findings of Fact and Conclusions of Law and -Page 7 of 7
Order of Vacation of Utility Easement /
Whitestone Estates Sub. No. 2 /VAC-99-005
E~H1~1T ccA»
TGTAL PAGES 1 ~
INCLUDES THE LEGAL DESCRIPTION AND RELINQUISHMENTS
~~ ~~~".~
~! .... ;.
r
.~ - .
~ X295 s. r~~~ Ftight way Boise, m s~7o~ ~2os} 37s-~3s7 Fax (~08~ 378-0~~5
. DESCRIPTIDN FDR
WHITEST4NE ESTATES SUBDTLIISION NO.3
ALL OF LDT 4 BLOCK 7, ~ LDT 7 BLOCK S; WHIT~.STONE E5TATES SUBDIVISION NO.2
AND A PORTION DF THE WEST HALF DF THE EAST HALF~~F THE NORI~EAST QUARTER
OF SECTION 14, TOWN5HIP 3 NORTH, RAGE 1 WEST, BDISE MERfDIAN,
MERIDIAN, ADA C~UNT~, IDAHO ..
A parcel of land being all of Lot 4, Black 7, and Lot 7, Black 5 of Whitestanc Estates 5ubdivisian
No. 2, and a partion~of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3:
North, Range I.West, Boise hrferidian, Meridian, Ada County; Idaho, and more particularly as follows: .
.. ~ .~
. .. .~
,~ Beginning at an iron pin marking the Northeast comer of said Northeast Quaztcr of Section 14,~ .
1 ~ ,
thence along the:easterly boundary:of said~Northeast Quarter of Section 14,,said easterly boundary ~ . ~ '
. ~ Elsa being the bentarline of Sau#h Linder Road,. 5vuth 00°33'OS"West 1491.59 feet to a point; .~ ~ ~ .
.. •~ _
thence leaving saxd.casterly boundary and ccaterlme, Nartb~ 89 ~ 317. Wcst~ 664.72 to a 2
. ,galvanized iron pipe marking ~ point on the ~Jesterly boundary of ~f an Heel Subdivision as filed for record ~ .
in tfie af~ce of the Ada~~County Rbcorder, BQiSC, Idaho; ~in ~BOOk 19~of Plats at Page ~ 1Z?.2, and marking the ~ ' ~ .
easterly boundary of~V~hitestone Estates 5~bdivisian Na. 2 as filed for record in the offce~afthe Ada
County Recorder, Boise, Idaho, in Bonk 75 of Plats at Pages 7742 and 7743;
thence along said westerly and easterly boundaries, South 00°33'43" West 161:61 feet to an uvn
• pin, sand iron pin marking the •Southeast comer of Lit 3; Blnck~ 7, ~of said Whitestone .Estates. Subdivision
.~ No. 2, said iron pin also beutg THE RFAL.POINT OF BEGINNING; '~ ~ ~ .
thence continuing slang said westerly boundary and along the easterly, bouadary and`thc
projection thGrc of, South QD°33'43" ~Wcst 1b8.83 feet to an iron pin on the northerly right-af~way~ of the ~ .
Kennedy. Lateral; ~ ~ ~ .
thence leaving said westerly boundary and easterly projection, and alaag said northerlyright-of-
waythe following courses and distances;
thence North 89°Zfi'17" West 129.79 feet to an iron pin;
thence South 74°22' 13" Wes# 4t}Q,90 feet to an iron pin;
thence Narth.84°24'50" ]Vest 50.20 feet to ao iron pin;
.~ ~ .~ . ~ •thencc. Narth~89°25'~2" West .1Q4:OQ feet torn iraa piri;. ~. ~ ~ ~ ~:.. - ~ ~,~ ~ .. ~ ~ ..
r l ,.
thence laving said northerly r~ght~of-way, North 00°34'x.8"East 16Q,D4 feet~ty an iron pin ~.
. marking the Southwest carver of Lot fi, Bkaclc 5; of said Whitestane Estates Subdivision No.~2;
theme along the southerly boundary of said Lat fi, Block 5, South 89°25'42" Fast lDa.a4 feet to
. an iron pin marking a point of curve;
~~ ~ ~~ ~-
54934~Sb ~acii'ic Land 5w~veyars, a division of PUWER Engineers. Inc,, an Idaho Carporacion
~/ ~ r.. ~,.,...
r
r
ti
l...-
f ,
thence leaving said southerly inauadary and along a curve to the left 127.?5 fret, said curve having
a central ~.anglc of 142°0?'44", a radius of 51.50 feet, tangents of 150,12 ~feex and a long chard of ~?.43 feet
. ,
bearing South 70x29'33"East to an iron~pin marking a paint of reverse curve;
r
thence slang a curve to the right ~ 8.20 feet, said curve having a central angle of 52°D7'43", a
radius of 20.Oa feet, tangents of 9:78 fret grid a long chord of 1?.58. feet~bearing North 64°30~b" East to an
iron pin marking a point of tangent, said iron pin also being vn the southerly boundary of said ~hitestone
Estates Subdivision Na. 2;
thencc along said southerly boundary the following courses and distances; .
thence South 89°25'42" East 35.58 .fret to an vron pia marking a point of curve;
thence along a curve tQ the left 133.90 feet,~said curvc having a central angle of 22°14'17", a
. , radius of 345.40 feet, tangents of b7:81 feEt.and •a :long chord of 133.07 feet bearing North :?9°2~T 14" East
. - to an iron pin marking a point of tangcnt;
. thence North .6$°20`01" East 99.$9; i`ect-ta an iron pin marking a point oi'curvc; . ~ .
thence laving said southerly boundary ~and~ along. a curvc ~tv the right 15.74 feet,, said curve having
. ' a central an~le~ of ~5°OS'4b",~a.radius ~f 2a.04~fee~,.tangcnts of :8.30 feet and a long chord of .I5~.34 feet
bearing South 89A0T4fr"~ Easy tv a~n iron pi~~markmg ~ gvu-t~of rcversa curve ~ ~ • .
•'thence along a curve tv the 1eft'121:43 feet, sand curve havuxg a central angle of 135°05'46", a
radius of 51.30 fcct; tangents of ~24.b3 ~feet~and a long chord of 95: ~I9 feet bating North .45°52'54" East to
an iron pin marking~the Southwest corner of.Lot 3', Block 7 ofsaid ~utestane~Estates~Subdivision No. 2;
thence along the southerly boundary of said Lat 3, Block ?, North 85°40'0 l" East l 15.61 feet to
the paint of beginning, comprising 1.92 acres, mare or~less.
r
- SUBJECT' TC?:
.. ..
' ~ • All existing easerncnts and r~aad rights-af-way of record or appearing an the above-dcscn~ed
parcel of land. - .. ::...
. ;.
Prepared by:
PACIFIC LAND SURVEYpRS
~~~ft~~
a
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• , ... •, .'•.~ .. '• 1 •• .~.SY. .~' ,
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Dan' G, Payne, P.L.S.
DGP:beb
549340sb
:: ' ~ ~~. fir' s.' ,,sir ~`~ r ° • ,~=."A. ~.",~ a . ~ '.°y •' •.! ,~ ~ " 'k;'^~ ~ i r '•~~ `
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.+? .fJ .. _ '.)' - _ ..r r- _ ~ ti ~YY.: ~~.'' fi'r' G'
~.. iY~' .~_: --.e,~ - Mr-~ _ J•~ •_4.sr'_'«~'::;4:.~`~~~w.err'";,~'!'•'..n.:~1.."~':,7r+,;,,t •~': ~`~'~~ ~..~r. a.~ ~t1T~'~r!;.'Y_:=:`:-::r~+e ;-~ ..f..-.. ...fi
.~• ~h :fir ,~. Y ~r~'y':..•,...^. Yw.~ 'Y'y.~~,~~~.• ...~ J ~~.:. •~ti.- ^
~S•"'fr 4~ .;:+~r V - _ ~ _,3.. .r>_ ".1 ,•~¢.[ .: ~.'~ ;r,•; M:,-`~ yr.'f.•. ~+a - -4.. G•~x nY
.:is '~:~, . ~f.•T:••..r~; . ~,..-. .,.,h~~~ '~a::v.=~'~~:,-titi.. ...y, r~.;.''•" ..LK~~,z.~ ...3. (. ..i_,~.• 1.,.7,=.7.~
. ~~~ ~ ~'7 c+{',"i. _- ~ y"'.'( cr r~Tr x`_.a.~ ~.;.i~ - _ ~ *h,~:. ~~~..ai ~ li f ~~,, ^rn,• r~ :.r:S_'~_ w.Y. , rt•., y_.y y:,...:~ ~F•.
• -n1 '.i~`~ f1 4 ••~.:`~SL. - '":,^ •,.a7.: ` _ ~. wi~ - _•.+•i. '.~ - :fir A~^~•, .: T.. •_. = - -;..
...~'. •r~ .>'.^.' -~~: +^:t'~G ts••~C: T i.f Y^!~" •.s-°.~4 .-.:~:a~.-c,° .>~ e'.4:::, ~
:t" 'nr. }.~': ~;~ r:...:.' ~~~~ c ti' ~•«+~ .. : s.'~'•j~i.-. `~ • - - - _. Xa v.r^:, ;~}~: ti..ri ~ . ire • ~'1-_a,.. ^. r ~:
M-i Y.,:, r4~~{w.•ln.~ .~rwK:r ~,iY1~•~.~wi~:~k~~-M ~•~1r~.. r. _r '.. .. - - _ - _ - .. _ -..
+. `~~~ NOft11 I~iapie ~tC~Y '._:,..~
.... c Road Boise, ID 53i~ f7.03} 378-63~+~ Fax #`~D8] 375.40:5 ' ":~='~
~;~~- ~ - • _ ~_ DATE: ~unc 5,1990 :._
~~. ~"' = . -: P cviscd:liulc 3 1996 • • ~- ~~
~~:~..,~ :..:.... _ • - n~scR~rioN FOR • • y
~~~ ~~:~_: _ I~EI,.I,~PROPIrRT~ .- _-.-~~
E i`4 N THE 5 I'
~~~ RUTH ~GHT ~
-, -0F VAY ~JFTEN:4fILE DRAIN A~~ID •~.~
~~_~
THIr NORTH RIGIIT-0F-NAY DF THE KENNEI?Y I.ATE.RAL ^ •~'''
,ti ,
:~'-~`:_,• --. -. A PflRT10N QF'T1iE EAST-HALF QFTHE NORTI~AST QUARTER ~`-~
wt: .= SECTtQN 1~
..~~
*~`~-- TQWNSIiIP 3 N ~~~,
:~:`.~ ~ ~`~ :: ~- ' DRTH RANGE I WEST BCI~E I~fERIDIAN '•:~
-F
~;~~ • iti~RiD1AN, ADA GDUN•IY, IDAHD =
~i~. ~`~~•"" A parcel of Iand txing a ponian of the Fast-Half of the Northeast Quaver n' y.~~ ~{ 1 V'
:~ ~=' . To~mship 3 Narih, Range 1 West, Boise Mcridi~n, Meridian Ada County, Idaho, and more particularly ~;
~:~~•" ~~ . - - d:seribcx~ as follows: ...`
~^ ~ _ .r~
r.f _ ... ..~.
~~~.:+::. - ~ Beginning at an iron pin n~a~;,ing the Northeast corner of the said Nariheast Quarter of Satian :. ~ ~~`"~
•ti i,>• K
'•5~ 1
1~.n: '
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'~ -- ~hcrscc along the Easterly boundary of the said NarthG~st Quarter of Section 14, said Easterly
.-;~ _ ~'.
`Y •• .:.. boundary also Ix~ng t,'~c cc:-tcrlinc af5aui13 Linder Road, Soutli'30°33'05 West 578.41 feet to are iron ~.
'~ •,~.
r.~ =
'' ~ ~ _ tl~cticc leaving Said Ea~tcrl "~~~
::'-• ~ ~~ ~ } bau~idary Znd centerline, and along the Southerly right~~ ua~• aC
..~~_• • Ten Mile Drain, South 78~14'1S"West 680,24 ft;et to an iron pin marlting a paint of znterxtition of tl~c -
~~^`y,~.:.: said 5attth~sly right-~f-;~~y a!'Tcn Mi(c Dra=n, and the Westerly bour~darv ai Van Hccs Sulx~tzsiari as • ~: ~.f-
r~y. •...i.. '_!
'"-ra~ ~=""~-. film far rccora in the otTicc Gf the Ada County RcLardcr, Baisc, Idaho, in Bonk l 9 aC Plats at Page 1?~z, ••-
~-~`~ .. said Iran girt also bcir~ tlzc ~'~}
• •- ._~.~.;~ _ ~ g REAL PRINT DF BEGINNING; .~
~_'~ ~- thence: IcaY:ng mid Southerly right-of-ti~ay o#'Tcn Mile Drain, and clan the Watcrl ' bouncia ~ _ ~~~`
~~~=~: -- . of said Hccs St!bdi~sion g , } ~ ~~a ~Y
.~ ~`-~.. Vail , South 00°33'43" West 1095.91 feet to a paint on the Narthcrl~ rig3:t-of ° ~~r
~~ ~~: ' . ~•ay ;,f the Kcrncdy Latera;;
'.:~.
~Y~,~ thcrtce Icavin said Watcrly boundary, and along ilic Nartl~crly right-a~ itay of Said I~cnncdy ~:
;: r .. Lateral the CoIIo~Ying courses and dist,.nces;
~~t~'- .. _ ~-
~:{~ - ihcn~ Norfh 89°2G' I?" y~'~t 12r. i 9 fCCt to a paint' -
~'
wY:41,~. Yom- -
'~'~~ ~"• •, f - - hCrtce 5auth 7~°ZZ' I3" West 4afl.90 fit to a point, ~.~•
~,'w-~ . - thence North 8.1°3'01" Wit SD.~Z fact to a point• ~~7~
,~s ~~ ~~' -..~ .. •• .. thence North 89°25'42" Wat 1?0.00 feet to a point on the W csly ol't c said -~-`•=
~•• ~,,~ :ti:. .. csty boundary h Ea.,t- • '~
~~~';~,,;r • Half of the Northcasi Quaricr of Sectiarr 14; __'
~~~-=~~'_~~_-. `"~ .. thcncr Igvin~ sand Northcrl ri it-oE svaY and 1 • ~. _. ~ . ~ ° • •-~:
~,,-- *..;~:. g y ~ y a ong said Watcrly bourdar}, Noah 00 34 l8 , .
-~ r`ti-,.-= ._ -. '~ East 1048.48 feet to un iron pin an the said Southcrly_right-of tivay o; Tcn l~filc Drain;•_ •~:: ~`
~ -~ ~-',;~~:~ .: ~ `~~ - _ . . ~ ^~ri~•:. - .. - ~ _ - ~ - ;xis-~-• • _ .. .,,,_ . - -•;:~£~?~'
M,, v1•-i ~t~•. r.~,j...i. ~•w} .i`~f7''`1tiS:\..r .w ~_ ..~ ... ..n- r - fT~
~~-=yM ~' = - • - _ thcnc~ tcavin said Westerly bour~d~ and al n .- - -•~-~ ~.
~~`~,X._~~ • . g .. ...ry. a g said Southerly rigltc-~l~~~~ay the fal[a~ti~ng . - _ - - .. ~R~., ~
r...• :.~ ~~~? ~~'.~~_~'s~urses•and distanc~s'~ :~:_ - _ _• - ....__. - . __ . • :~ .. :~.. - -.• - _ ~ - ..~~;~
r'r'~~(R:4T_'~•^(C~~;~.C.~i:Y~#.3:T'~'~.-.. ..'~":ww~. _. ... -. ~I'~~.'. _S'.Y..•.~.~R: ••'r - - - - ._ ..~5~.
.1~y~r-L -1. _ _
~•1L~-'•, f ~~ ~T~l~~ ..I.YJrJJF~~ ,1f!~ r r Mi '^ '•:.Lf • ~ ^'t' - - _ ~ .. •Y,•
Vx tit' ~f ]-'^"ir • i•..~ ~..'` ,,f• ~ - .r ~ y- - _ N{.~~.-'.. .~' R.. Y..y T w
"~ ,:;,:.~~"~.~~ ~:`~, f thence North 75°t}7'~#3" F1,~t 689.47 f(xt tQ art iron ~irl;M~ ~ •~ ~,. _ . ' ~ ..•• . - ~.:~~
Pacific G~r~d Sun•cyars, T c#ivixintti of i'OWER ~n~~nccrs, 3nc., an ida~a Cnrpor~tinn - '"
~h~. ~r ~,~,•j w•,wn;.?;~..`l."...w:ii:.~r,;~Y r:.~..~r-!,^ Fs~..~r~i-.•`r, ~ •`r ~.. •~~.' V •- - •• ~ fF ~ _ _ .. .. .+ _ ~4w ~•~
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thcnco South OQ°33`-~3" ~Vcst 28.95 fact tv the point c~'bcgin~ir~. Comprising IG,G3 xrrs, ~ - - . : -~;~_~~
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A~~ ~.•.tStit~g ~ntcnES att~l ro:~ti ri~~~Ls-Df-tir~a~~ or~~ ~ ~p~~~ns ~~ c~~G u~~~-~~ri~
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land,
parcel o#
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Y - _ John T. (i'Gnl~ Eddy, P.L.S
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eq "~Ir r~-~ ~~' '' '~ r ~:.~-: _ ' ` r:•~ .. _ .cry'~=~.. •,.~~...r'""~sx~•. M.~.'.'•'.,. rr .. . , - - _ "';a.
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M ~•1 ~ 'R ,L..~~ ~. •~S'. Y~.r+^~ .• ~_ A~wA.._ ~ .. .'~1. y •.11. ~' V .. ~ - .. _'. - - 4r••G'~~•'~l•'.l .'H.~~N1~
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~~Y'/i~~~~"01''i: 'Yw.r~_7•._ _ - .. •. ..-. ~ -_. ._. ~ .. . .J. - .. ••- . r .~. ... iyyio-ry.3Y: ~
WHEREAS, by platted subdivision easement recorded in Book 75 Pa es
g 774 and 7743
~n the records of Ada County, State of Idaho, VL~hitestone Estates Subdivisi
on No. 2, granted to
IDAHG P~wER COMPANY an easement the "Easement" for the cons '
. } traction, vperativn and
maintenance of certain power Line facilities upon the followin remises located i
St g P n Ada County,
ate of Idaho, to-wzt:
~ portion of Lots 7 and 8, Yan Hees Subdr vision and a ortion o the ~
r P f West ~ o, f the Fast
~ of the 11 ~E l Seciron 14, T'ownshrp ,3 Norfh, Ran e 1 West B.~f. • .
g , Meridian, ~1 da
County, Idaho.
ANl3, WHEREAS, it is no Longer necessa or desirable that a cert ' '
rY a~n portion of the
Easement be retained.
NG'SN', THEREFORE, in consideration of the remises IDAHG POWER
P ~ COMPANY
does hereby release and abandon that certain onion of the Easemen '
. P t over the follvwing
described lands:
~ portion of land lying within Whitestone .Estates Subdivision No. Z a
. ,f Lot 4, Bloch 7
which rs called out as parcel 1 shown on Exhibit "~ " acrd a ortiorr
. p of Lot 7, .lock 5
which rs called out as parcel .3 shown orr Exhibit "~ ' ;
T ~rerefore, this relinquishment shall become a ectrve a on the recordrn '
... ff P g of ' ~'hrtestone
Estates Subdivision ~o. 3 acrd when the electrical acilities contained wit '
.~ tern parcel 1, 1,
j & ~ shown orr Exhibit "A "are relocated to a location a eed u on b
~`' p y .Idaho Power
Company and Whrtestone Partnership.
Lt is also understood that the cost associated with the relocation or re lace
p merit of
existing easement and facilities steal! be borne by the develo ers o Whitestone
... P f Estates
Subdrvrsrori 1Yo. ,3 with the approval of Idaho Power Cam an and this relin ui '
P y q shment rs
not effective urrtrl those costs are recovered by Idaho Paver Com an .
,. .. p y
. ~ ~ ~ ~ ~ ALL RIGHTS and rivile es under the '
P g above-described document ~n and to the remaining
lands covered by the Easement and any and all rescri five or other n his the
. , P P g Grantee has
acquired through occupancy and use over time of said remainin lands shall remain an '
. g d continue
~n the Grantee and shall riot be affected in any way hereby.
IN ~r`IT`I~ESS wHEREGF, IDAHO PGwER C~MP,ANY' has caused these resents to b
P e
~e~e~uted by its proper officers thereunto dal authorized this r~ da of F
Y y ctiruzry, ~ X99.
IDAHD POWER COMPANY
.,
I ~ y r f
BY .~
~'S ,"l 7Z''i1___ r r
STATE ~F IDAHO
~55.
COUNTY OF ADA ~
Cn thi, l Ada of Februa I99~ before me a Nota Public ersonall a eared R.C,'
~ Y rY~ ~ rY ~ P Y PP
Hillman, Manager, Real Property Management of the corporation that executed the withi;~
instrument, and acknowledged to me that such corporation executed the same as the free act and
deed of said corporation.
i
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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~ Residing at: Boise, Idaho
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My Commission expires: d~~
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January 24,199
Mr, Jim Renner
Intermountain Gas Company
555 South Cole Road
Boise, Idaho $3705
Subject: 549340-a 1 ~ Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation
Dear Mr. Renner.
On behalf of Mr. Iarry Van Heel, Whitestone Development Company, I request that you concur with Mr. Van
Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South
Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire.
When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right-
of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a IO-foot wide
utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and
does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property.
Therefore, the night-of way and lot lines of Whitestone Subdivision No. 3 have been reconf guyed and
South Lodestone Avenue and South Moonstone Way will be vacated south of 'W'est Pintail Drive as
shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way
and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the
reconf guyed right-of--way and utility easements. The enclosed vicinity map shows the location of the
subdivision on South Linder Road, Meridian.
Please sign below and return to Pacif c Land Surveyors as soon as passible in the self-addressed stamped
envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of
this request. ~ .
Sincerely,
PACIFIC LAND SURVEYORS,
a division of POWER Engineers, Inc.
KLJ;smg Keith L. Jacobs, Jr,, P.E,
Enclosures
Intermountain Gas Company supports Mr. Van Hees' request to vacate the utility easements located in the
vacated portion of South Moonstone Way and South Lodestone Avenue right-of way, ~ ~ ~ ~~
De aced
ompany Representative
Pacific Land Surveyors, a division of Pt7wER Engincus. Inc., an Idaho ~ar~oratian
Mr. Mark Pfeiffer
TCI Cablevision
8400 Westpark
Eoise, Idaho 83704
Subject. 549340-OI Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation
Dear Mr. Pfeiffer:
Dn behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van
Hees' desire ~ to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South
Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire.
When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right-
of-way of South Lodestone Avenue and South Moonstone Way south of ?Vest Pintail Drive in a I4-foot wide
utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and
does not want either South Lodestone Avenue or South Moonstone Way to continue south to their pmperiy.
Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been recvnf gored and
South Lodestone Avenue and South Moonstone Way. will be vacated south of West Pintail Drive as
shown on the enclosed map, Existing utilities located in the vacated portion of South Moonstone Way
and South Lodestone Avenue right-of-way and within e~cisting utility easements will be relocated to the
reconfigured right-af-way and utility easements. The enclosed vicinity map shows the location of the
subdivision on South Linder Road, Meridian.
Please sign below and return to Pacific Laud Surveyors as soon as possible in the self addressed stamped
envelope. Please fees free to call me if you have any questions. yVe appreciate your tune and consideration of
this request.
Sincerely.
. .
PACIFIC LAND SURVEYORS,
a division of PDWER En ' eery, Inc.
KLJ:smg Keith L. jaco ]r., P.E.
Enclosures
TCI Cablevisian supports Mr. Van Heel' request to vacate the utility easements located in the vacated portion
of South Moonstone Way and South Lodestone Avenueright-of-way.
,.
Designated TCI Cabl ision presentative
Pi.S-B4X 3~-O~Z
Pacific Land Snrvcyors, a divi~ivn of Pt~VVER En~inecrs. Inc., an Idaho Corpo~tion
g~-- ~E -~9~ 18:15 US WEST EN` 1 y -Sr ~.+~'y~~+~+ i~+~D{=~'2eJ~',= 58986 +. P91 X01
r~~ ~ j V ~ • '~.. J~~D`~7 !~ ~ ~Ul ~~ 1 ~ VI11.11 1~J 11.~1iL~ lr ~~.. ~~ irU~i1~~~J L~~~ ! ~ , f _ej
. ~! V
Janu~ry~4, ~9~9~9
Mr.Bru~ ~
~J. ~. Wass
9~9 h~iain ~t~t, 9~ F~oar
wise, Idaho $~~Q~
5u~cct; 5~~3 ~ Ptq~gad White F~atrs ~u~ivlsion Iota. ~, LT~li~y F.ss~~~at ~Iaoation
r her. ~V~t~n:
~n br.~aif of N1r. Lary ~~t ~S~s, VV~haGt~stac~e D~rCla~mc~ day, I rr~ucst ~, you rancor with Mr. ~Ie~
Hc~s' sire ~ v~c.~t xh~ u~~ ~CnIS of ~csf Pines I~ri-~ an ~auth Mofltr w'ay sub ~
~~x. ~fa;,tr 3a~ bt~ow i si~tify tf~ns y~aur c~psay Concuz~ with I~ir. Van~ccs' dCSi~
Whera'4~hitc~atc ~ Subdivi~an Na. ~ v~a~ rte, the u#iEi~t~- r~scrn~nts wire ~ o~i~a ~e tr-
of-emu of S~c~ L~d~ ~v~nua ~ ~vt~. ~~y sour ~' W~ ~~ give in ~ ~ -foot side
a~ili~y meat. ~ ~3zaoi I~i~rid ~ once p~un~s~ad ~~ pra~e~Cy sQCd~ of tic ~d~ ~ a~
does not wamt tidier ~ ~,r~u ox ~ h~on~ day to cant~3c s~vuth m that P'"-Y.
Tf~cs'~efvria, r.~ n~-~f-wvay ~d fat lints ~f'VPhii~a~c Subdi~s~an No. ~ have bin rc~an~~ur~d ar~d
nth Av~~a~ and 5o~th hioonstonc V~ay wild b~ vacnrcd sat~h of W~ ~i~ }~rivt as
s~8wn on t#~ C~iase~i map. ~x~ng ur~tics ltcd in the vd portion of ~o~th hr~o~xrstoAC ~sy
and Saurh i~o~stcne ~vr.t~u~ ri~hs-o~`~.y gad w~chYri cxi~ting u~i~ity ~as~rn~nCs w~Il ba ~~oc~t~ t~ tic
xacanfigur~d ri~r~af-wad ~n.d utiti~y ~sezn~at~. Ti?c cnciosod vici~Yty taap shows thr i~tuoa of the
~xiivision can ~~ I'~in~ R ~r~gn.
Pie sift ~i~v,r and rr ~ ~acz~~ Lsnd ~cvc~s soon as pc~sib~ m ~ ~~ pcd
ct~~e. Ply fcal ~+ct to rill rn~ if you ham ash riQns. ~l~ a~ps~ia~ your ~ and ~iciaatioa of
~quc~. .
Shy,
~-~ I~ L.! Jrypir.
~~
~J. ~. ~ svpQa~ts Mr. V'~ fees' ~ ~ vacappr ~7ity cagans io~a~d in t~ vtcd portion ~f
Soak M~ ~Vay and South~~ ~~ ~ght~f~w~y.
• ~ -~~ ~
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P~dtlr Lvxf $I~llr~,+hui, a d#vi~cut u~j'p''W~R ~~i~l~rx, list., an Ida~tia C,"~cp~r~cia~~
93,-2E-94 ~,s:I2 r~:US WEST ENC F~~H-~~~ ~?8 99~~ X92
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~a~zuarv ~4, I X99
Mr. (ia~' Smith, t::ity Irn~ineer
• r
~.lty ol'Melzdtan
~ol~ F:1st t;arlton A~-enue, Suite }~f~
Meridiatz, ~ll 83G4~
~tlhjc:ct; 5493411-O 1 Proposed Whitestone estates Subdivision NU, ~, Utility (~asement Vacaticr~l
Dear t Jary:
(fin behai~"a~' Mr, l,.ar>}r Van Hers. Whit~tolie Devu}uprn~nt t:n~np~~y, (request iha~t you tancur with Mr. Yaet
E Ices' desire ~ vacate t1~c utility eas{:me~~ts .~nutii c~C Wt~~t Pintail Drive an South Moonstone Way and South
Lcxlc.~t~~lie Avenue:. ~'c~ur si~~nature below ~~ill si~ni#y that your u~mpany c:r~ncurs wi~~ Mr. V~ti I•tees' desire.
Whcz~ ~~itc~tvYie Estates Subdivision No. Z waa retarded, the: EttiIity casements were loc:attd outside the ribhc-
of =~v~,y ~~f 5nuth I.Adestune I1ve:~t~e and South ~oo~nstone Way south ut' W~cst Pintail Drive in r~ I (l-fc}ot wide
utility e;,3se:mcnt, Meridian Schc~c~l Ds~rict has since: purchased the prc~prrty u~uth of the Kcnnel~y La#Cral end
d~~es not want either South Lvdcn4;~e Avenue; ur Si~ulJ~ Moonstone Way to caittiiiuc south tea their propcrt}~.
Therefore, the right-c~~ ~vay and lot lines off" 1Nhitestane Subdivision No. 3 have been reecfnf i~~ures~ and
South Lt~rletitcme avenue and youth Moonstone; Way tivill be vacated south of Wept Pintail Drive as
shown on the c~s~closcd map, l~xiaiing utilities located in the: v~catuci Pnr~inn of 5ouih Moonstone day
and South LuclCSto~ic Avenue ri6ht-of-way and within existinb utility 4as~ments wrl} bc: rclacated to the
n:col~f~ured right-ot~way and utility easements. The enclosed vicinity rrtap shows the le~catiou of the
subdi~~i~inn on 5uuth Lattdcr Rt~ad, Me:nclian.
Please: sill i~cl~~w anc~ return to Pacific Land Surveyors ;~ti ~x~,~ ~ possible in tfic self addr:rs~cd ~tart~}~ed
el~ti~elc~pe:. I'le~se feel fete to call me il'yvu l~flve a~~y yuc5tic~1~,. ~Ve appreciate yc,ur time and cr:msid4rutian a~'
dais request.
Sincerely,
a division uf'P~WEaR ~n ' ee*'rs, Ictc.
_..
KIJ:sm~ e~tlz .. taco s, r., I'.E.
C~ICinsurc~s
'I~Iic City cif Mc:ridia~t suppc}rts Mr. Va~~ ~lce;s' request to w~te t1~c utility easemenl~ Iocat~ in the vacated
pgr~inn c~!' South Moonste~ne way and South f.odestone AY ue right-of-waY.
~~
Designated ~'i ~ u#'Meridian Kc:prr~ntati~fc
1'~ ~.~tc ft ~:~?
I'.;.•rlr. 1..,ai<<~ .1~u~.~~~:r•a. a ~I~iai,is~ ~rt 1'UIVE~.~ ~rtttr~s~rr ~. I~:i•.. err I.I.~i~,~ c :i:i;,~lr~~«~rn
Mr. Gary Inselman
Ada County Highway District
318 East 37~ Street
Boise, Idaho 83714
Subject: 5493~~_p 1 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation
Dear Gary:
an behalf of Mr. Lary Van Hees, Whitestane Development Company, I request that you concur with Mr. Van
Hees' desire tv vacate the utility easements south of West Pintail Drive on South Moonstone Way and South
Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire.
When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right-
of way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10~-foot wide
utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and
does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property.
Therefore, the right-of way and lot Lines of Whitestone Subdivision No. 3 have been reconfigured and
South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as
shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way
and South Lodestone Avenue right~of~way and within existing utility easements will be relocated to the
recanf gored right«~of-way and utility easements. The enclosed vicinity map shows the Iocation of the
subdivision on South Linder Road, Meridian.
Please sign below and return tv Pacific Land Surveyors as soon as possible in the self addressed stamped
envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of
this request.
Sincerely,
PACIFrC LAND SURVEYORS,
a division of PDWER En ' , inc.
Kl~:smg Keith L. Jacobs, Jr., P.E.
Enclosures
Ada County Highway District supports Mr. Van Heos' request to vacate the utility easements located in the
vacated portion of South Moonstone V~ay and South Lodestone Avenue right-of~way.
Designated Ada County Highway District Representative
PLs-$o~ ~~
Pacific Land Surveyors, ~ division of POWER Engineers, inc., an id~ho Corporation
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