HomeMy WebLinkAbout2001 03-06
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 6, 2001, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Tammy de Weerd X Ron Anderson
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
2. Adoption of the Agenda:
3. Consent Agenda:
A. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by T ouchmark Living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84: Move
to Item 5-A
B. Findings of Facts and Conclusions of Law for Approval: CUP
00-058 Request for Conditional Use Permit for a child-care center
for 24 children in an R-15 zone for proposed ABC Club Daycare
and Preschool by Janet Torgenson - 650 West Broadway:
Approve
c. Findings of Facts and Conclusions of Law for Approval: RZ
00-010 Request to rezone 8.88 acres from an R-4 zone to an L-Q
zone for proposed St. Alphonsus Regional Medical Center
Ambulatory Care Center by BRS Architects - southeast corner of
Cherry Lane and Ten Mile Road: Approve
D. Findings of Facts and Conclusions of Law for Approval: CUP
00-056 Request for Conditional Use Permit for a planned-unit
development in a proposed L-O zone for proposed St. Alphonsus
Regional Medical Center Ambulatory Care Center by BRS
Architects - southeast corner of Cherry Lane and Ten Mile Road:
Approve
Meridian City Council Agenda - March 6, 2001
Page 1 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
E. Findings of Facts and Conclusions of Law for Approval: PP
00-021 Request for Preliminary Plat approval of 5 building lots on
6.95 acres for proposed Mallane Commercial Complex by The
Land Group - northwest corner of Fairview Avenue and North
Hickory Way: Approve
F. Findings of Facts and Conclusions of Law for Approval:
CUP 00-049 Request for Conditional Use Permit to construct a
branch bank with drive-thru teller in an L-Q zone by Mountain
West Bank - Magic View Office Complex: Approve
G. Findings of Facts and Conclusions of Law for Approval: VAR
01-003 Variance request for a time extension for recordation of
Final Plat for Merchants Plaza Subdivision by Wild Shamrock,
LLP - east of Meridian Road, south of Gem Street: Approve
H. Approve Bills: Approve
4. Department Reports:
A. Public Works Department - Director Gary Smith:
1. Inspectors' Fees and Contracts: Approve
2. Sewer and Water Easements for Bear Creek Subdivision
No.1: Approve
B. Planning and Zoning Department - Shari Stiles:
1. Proposed Changes to the Area of Impact: Discuss at
March 13, 2001, Workshop
c. Mayor's Department - Mayor Corrie:
1. Appointment of Planning and Zoning Commissioner:
Re-appoint Keith Borup; Approve Kevin Schreeve
5. (Items moved from Consent Agenda)
A. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by T ouchmark Living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84:
Tabled until April 4, 2001, meeting
Meridian City Council Agenda - March 6,2001
Page 1 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
(
6. Resolution No. 01-363: Adult Softball Team Fee Increase: Approve
7. Resolution No. Meridian Urban Renewal Area
No.1: Tabled until March 20, 2001, Meeting
8. AZ 00-025 and PP 00-027: Staten Park Subdivision Discussion
requested by D'Alessio Building Development regarding the February 20,
2001, City Council vote for denial: No motion for Discussion
9. Findings of Facts and Conclusions of Law of Denial: AZ 00-025
Request for annexation and zoning of 8.15 acres from an Ada County RT
zone to R-4 for proposed Staten Park Subdivision by Leavitt and
Associates - east of Black Cat Road and south of Ustick Road: Approve
10. Findings of Facts and Conclusions of Law of Denial: PP 00-027
Request for Preliminary Plat approval of 24 building lots and 5 other lots
on 8.15 acres in a proposed R-4 zone for proposed Staten Park
Subdivision by Leavitt and Associates - east of Black Cat Road and
south of Ustick Road: Approve
11. Tabled from February 20, 2001: CUP 00-057 Request for Conditional
Use Permit to construct a new office I warehouse building in a flood plain
for Big 0 Builders in an I-L zone - King Street and Baltic Place:
Attorney to Prepare Findings of Facts and Conclusions of Law for
Approval
12. Continued Public Hearing from February 20, 2001 : AZ 00-026
Request for annexation and zoning of 5.4 acres from RT to R-8 for a
proposed Planned Development for proposed Kodiak Development by
Hubble Engineering - west of Meridian Road one-half mile south of
Overland Road: Continue to March 20, 2001, Meeting
13. Continued Public Hearing from February 20, 2001 : RZ-OO-005
Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder
Crossing by Hawkins Companies and Stubblefield Development -
southeast corner of Cherry Lane and Linder Road: Continue to July 3,
2001, Meeting
14. Public Hearing: AZ 00-022 Request for annexation and zoning of 118.4
acres to R-4 for proposed Springdale Subdivision by Gemstar
Properties, LLC - east of McDermott between Cherry Lane and Ustick
Road: Attorney to Prepare Findings of Facts and Conclusions of
Law for Denial
Meridian City Council Agenda - March 6, 2001
Page 1 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888..
4433 at least 48 hours prior to the public meeting.
r
15. Public Hearing: PP 00-022 Request for Preliminary Plat approval of 385
building lots and 9 other lots on 118.4 acres in a proposed R-4 zone for
proposed Springdale Subdivision by Gemstar Properties, LLC - east of
McDermott between Cherry Lane and Ustick Road: Attorney to Prepare
Findings of Facts and Conclusions of Law for Denial
16. Public Hearing: VAR 00-019 Request for a variance to exceed
maximum building height of 35 feet and reduce the 3D-foot setback
requirement to 20 feet along the 63 feet of the one-story section of the
building for proposed Ameritel Inn by 8 & A Development - Eagle Road
north of 1-84: Continue to March 20, 2001, Meeting
Meridian City Council Agenda - March 6, 200 1
Page 1 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 6, 2001, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
-L Tammy de Weerd ~ Ron Anderson
--X-- Cherie McCandless =z= Keith Bird
>( Mayor Robert Corrie
2. Adoption of the Agenda:
3. Consent Agenda:
A. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig-
east of 51. Luke's between Franklin Road and Interstate 84: /2. h..h;:
rMJtfle -fo I k-n- #If? /I- .lzr--bte ~ /97,rWe ~ 7 . . . . IT'
B. Findings of Facts and Conclusions of Law for Approval: CUP
00-058 Request for Conditional Use Permit for a child-care center
for 24 children in an R-15 zone for proposed ABC Club Daycare
and Preschool by Janet Torgenson - 650 West Broadway: ~v~
C. Findings of Facts and Conclusions of Law for Approval: RZ
00-010 Request to rezone 8.88 acres from an R-4 zone to an L-Q
zone for proposed St. Alphonsus Regional Medical Center
Ambulatory Care Center by BRS Architects - southeast corner of
Cherry Lane and Ten Mile Road: ~V'e..
D. Findings of Facts and Conclusions of Law for Approval: CUP
00-056 Request for Conditional Use Permit for a planned-unit
development in a proposed L-Q zone for proposed St. Alphonsus
Regional Medical Center Ambulatory Care Center by BRS
Architects - southeast corner of Cherry Lane and Ten Mile Road: ap-pYVI/Je-
E. Findings of Facts and Conclusions of Law for Approval: PP
00-021 Request for Preliminary Plat approval of 5 building lots on
Meridian City Council Agenda - March 6, 2001
Page 1 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
(
'I
6.95 acres for proposed Mallane Commercial Complex by The
Land Group - northwest corner of Fairview Avenue and North
Hickory Way: tijJpY'OVL
F. Findings of Facts and Conclusions of Law for Approval:
CUP 00-049 Request for Conditional Use Permit to construct a
branch bank with drive-thru teller in an L-Q zone by Mountain
West Bank - Magic View Office Complex: ~JYh'v.e-
G. Findings of Facts and Conclusions of Law for Approval: VAR
01-003 Variance request for a time extension for recordation of
Final Plat for Merchants Plaza Subdivision by Wild Shamrock,
LLP - east of Meridian Road, south of Gem Street: a~V'~
H. Approve Bills: 0~ve
4. Department Reports:
A. Public Works Department - Director Gary Smith:
1. Inspectors' Fees and Contracts: al'J?YoV'JL
2. Sewer and Water Easements for Bear Creek Subdivision
No.1: ~VfL
B. Planning and Zoning Department - Shari Stiles:
1. Proposed Changes to the Area of Impact:
d/TCtt.JJ d Wtfl/cS-/1A:JP 3-/3-01
C. Mayor Corrie
7.
1. Appointment of Planning aa:'d Zoning Commissioner:
r€. ~j?p/!?fJvf IWrJ\-,I I3rrrup
(Items moved from Consent Agenda) 11, ( i~B 3 /I- ) <
~b/ e ~ /f}:rIA. { 3/ 20& I ~?-
Resolution No. tJ (- 3 {; 3 : Adult Softball Team Fee Increase: apfJrtlv.fl-
Resolution No. Meridian Urban Renewal Area
No.1: hv6ee-~ M~ 2o~2~o( ~
AZ 00-025 and PP 00-027: Staten Park Subdivision Discussion
requested by D'Alessio Building Development regarding the February 20,
2001, City Council vote for denial:
/1A7 Jryw/~ ;Cor dtSCU-Jil1:r>-
5.
6.
8.
Meridian City Council Agenda - March 6, 2001
Page 1 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
9.
10.
11.
12.
13.
14.
15.
16.
(
Findings of Facts and Conclusions of Law of Denial: AZ 00-025
Request for annexation and zoning of 8.15 acres from an Ada County RT
zone to R-4 for proposed Staten Park Subdivision by Leavitt and
Associates - east of Black Cat Road and south of Ustick Road:
a- f7? rt> v..e-
Findings of Facts and Conclusions of Law of Denial: PP 00-027
Request for Preliminary Plat approval of 24 building lots and 5 other lots
on 8.15 acres in a proposed R-4 zone for proposed Staten Park
Subdivision by Leavitt and Associates - east of Black Cat Road and
south of Ustick Road: wp;:rro v ~
Tabled from February 20, 2001: CUP 00-057 Request for Conditional
Use Permit to construct a new office I warehouse building in a flood plain
for Big D Builders in an I-L zone - KiJ1Q Stre~t and Baltic Place:
af'~ /0 ~/O~ ~/ F , e 1..0 A apl'r"VVu-e..
Continued Public Hearing from February 20, 2001 : AZ 00-026
Request for annexation and zoning of 5.4 acres from RT to R-8 for a
proposed Planned Development for proposed Kodiak Development by
Hubble Engineering - west of Meridian Road one-half mile south of
Overland Road: L- L-. _ L ?,-..fi, I j?~-L
(.l~~ rv fft~~{;Jl- c.A-/ I 20& '"--, cT
Continued Public Hearing from February 20, 2001 : RZ-OO-005
Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder
Crossing by Hawkins Companies and Stubblefield Development -
southeast corner of Cherry Lane and Linder Road:
C un..--t-> 'rl u...L /p J d,;/ ;7 f::g I 2&;?lf? I ~
Public Hearing: AZ 00-022 Request for annexation and zoning of 118.4
acres to R-4 for proposed Springdale Subdivision by Gemstar
Properties, LLC - east of McDermott between Cherry Lane and Ustick
Road: a/hrr~ /-f? frU-f7~ ~II-f c/e ~ dt,l1..l~,
Public Hearing: PP 00-022 Request for Preliminary Plat approval of 385
building lots and 9 other lots on 118.4 acres in a proposed R-4 zone for
proposed Springdale Subdivision by Gemstar Properties, LLC - east of
McDermott between Cherry Lane and Ustick Road:
at-Mil €ff -k> pYle fMA ~/,c { c! ~ f!n- cb~~
Public Hearing: VAR 00-019 Request for a variance to exceed
maximum building height of 35 feet and reduce the 3D-foot setback
requirement to 20 feet along the 63 feet of the one-story section of the
building for proposed Ameritellnn by B & A Development - Eagle Road
north of 1-84: ((7Yl;f)11u.-e. .-4:. 111 tvuh. 2crt.. i M;>O I ~7-
Meridian City Council Agenda - March 6, 2001
Page 1 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
Meridian City Council Meeting
Tuesday. March 6.2001
The regularly scheduled meeting of the Meridian City Council was called to order
by Mayor Robert Corrie on Tuesday, March 6, 2001 at 6:35pm.
Members Present: Tammy de Weerd, Cherie McCandless, Ron Anderson, Keith
Bird, Mayor Robert D. Corrie.
Others Present: Bill Nichols, Shari Stiles, Gary Smith, Bill Gordon, Ken Bowers,
Will Berg.
Item 1.
Roll-call Attendance:
x
X
Tammy de Weerd X
Cherie McCandless X
X Mayor Robert Corrie
Ron Anderson
Keith Bird
Corrie: I want to thank everybody for being here this evening there are going to
be some changes that have come across the desk this evening. First off, we are
starting now a sign-up sheet in the back. If you want to testify either for or against
any Public Hearing item be sure to sign up so that we can make sure that we
have you on record, and it also helps us when we do our minutes that we get the
name right. If you will sign up back there, then we will pick that up in the next few
minutes.
Item 2.
Adoption of the Agenda:
Corrie: We do have some requests on the agenda. One will be Item 13, which is
a continued Public Hearing on the Linder Crossing, that is at Linder Road and
Cherry Lane. That has been requested that we table that until July 3, 2001 by the
developer. And also Item 16, which is a request for a variance to exceed by
Ameritellnn, they wanted the CUP and the variance all at one time. So we will be
doing that and noticing it, we will continue this until March 20, 2001. They want to
continue that until March 20, 2001. Is there any other --?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: On the Consent Agenda, Item 3A, they would like some discussion on that
so we need to pull it off of the Consent and move it down to 5A on the regular
agenda.
Corrie: Okay, 5A on the regular agenda. Any thing else?
Bird: I have none.
Meridian City Council Meeting (
March 6, 2001 '
Page 2
De Weerd: Mr. Mayor, Item 7 was discussed as to table until March 13, 2001 for
discussion.
Corrie: Okay, March 13, 2001, Item 7 for discussion on the resolution on the
Meridian Urban Renewal Area.
Nichols: Mr. Mayor. Point of order. Since the 13th is a workshop, you should
probably table this to the 20th. You can still take it up as a workshop item on the
13th.
Corrie: That was number 7, we will table that until the meeting on the 20th and
we will have that as a workshop item on the 13th. Anything else Council on the
adoption of the agenda as revised?
Bird: I have none.
Corrie: Then I will entertain a motion for the adoption of the agenda as
corrected.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to adopt the agenda as corrected. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
A.
Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84:
B.
Findings of Facts and Conclusions of Law for Approval: CUP
00-058 Request for Conditional Use Permit for a child-care center
for 24 children in an R-15 zone for proposed ABC Club Daycare
and Preschool by Janet Torgenson - 650 West Broadway:
c.
Findings of Facts and Conclusions of Law for Approval: RZ 00-
010 Request to rezone 8.88 acres from an R-4 zone to an L-Q
zone for proposed St. Alphonsus Regional Medical Center
Meridian City Council Meeting {
March 6, 2001
Page 3
(
Ambulatory Care Center by BRS Architects - southeast corner of
Cherry Lane and Ten Mile Road:
D. Findings of Facts and Conclusions of Law for Approval: CUP
00-056 Request for Conditional Use Permit for a planned-unit
development in a proposed L-Q zone for proposed St. Alphonsus
Regional Medical Center Ambulatory Care Center by BRS
Architects - southeast corner of Cherry Lane and Ten Mile Road:
E. Findings of Facts and Conclusions of Law for Approval: PP 00-
021 Request for Preliminary Plat approval of 5 building lots on 6.95
acres for proposed Mallana Commercial Complex by The Land
Group - northwest corner of Fairview Avenue and North Hickory
Way:
F. Findings of Facts and Conclusions of Law for Approval: CUP
00-049 Request for Conditional Use Permit to construct a branch
bank with drive-thru teller in an L-O zone by Mountain West Bank
- Magic View Office Complex:
G. Findings of Facts and Conclusions of Law for Approval: VAR
01-003 Variance request for a time extension for recordation of
Final Plat for Merchants Plaza Subdivision by Wild Shamrock,
LLP - east of Meridian Road, south of Gem Street:
H. Approve Bills:
Corrie: We have a request to have Item A taken off of the Consent Agenda and
put on item 5 as the A item. Is there any other needs to change on the Consent
Agenda?
Bird: I do not believe so.
Corrie: Hearing none, I will entertain a motion to approve the Consent Agenda
with Item A taken off to be on Item 5.
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I move that we approve the Consent Agenda with the exception of
Item A that has been moved to the regular agenda 5A.
Bird: Second.
Meridian City Council Meeting (
March 6, 2001
Page 4
(
Corrie: Motion made and seconded to approve the Consent Agenda except for
Item A which will be taken off of the Consent Agenda and placed on Item 5A. Any
further discussion? Hearing none, a roll call vote Mr. Clerk.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
Corrie: All ayes the motion has been carried.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
A.
Public Works Department - Director Gary Smith:
1. Inspectors' Fees and Contracts:
Smith: Thank you Mr. Mayor and Members of Council. I walked out and left my
packet on my desk for the contractors contract inspectors discussion items. I do
not know what you have in your packet from what I previously submitted to you.
Bird: We have the existing contracts.
Corrie: We have all of those contracts.
Smith: I guess at this point in order to get the contracts renewed for this fiscal
year you could move forward and approve them as they were approved last year
with only the effective dates being changed. Any changes that we would make to
the contract if you so decide when I get all of my rocks in row and get that
information to you can still be done under the terms of this contract.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I believe that we should get these approved and like Gary said we can
amend it after the fact if we so desire. They have been working without a contract
since October 1, 2000. I would think that we should get these existing contracts
approved, and then we can add amendments to them if we see fit.
Corrie: Okay.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Meridian City Council Meeting (
March 6, 2001
Page 5
Anderson: I would also agree. This contract would only be for the remaining 7
months of this year anyway, and I doubt we would do anything until we moved
into the new budget year. If we decide to do something different anyway, so I
would also agree that we probably ought to go ahead and renew these.
Corrie: Okay. Any other discussion?
De Weerd: No, it looks like all of them have been signed by the contractors so
they are in agreement with it.
Smith: Yes they are.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we approve the contracts from October 1, 2000 to
October 1, 2001 with Daunt Whitman, Rod Medley, Lynn Hoover, and Harold
Hudson as our building, mechanical, plumbing, and electrical inspectors and for
the Mayor to sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion made and seconded to have the inspector's fees and contracts
be approved and the Mayor to sign and the Clerk to attest all of the three
contractors. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
2. Sewer and Water Easements for Bear Creek Subdivision
No.1:
Smith: The second item I have is your review and approval of sewer and water
easements from the Bear Creek Subdivision developers to the City of Meridian.
These easements are all temporary. They are set up to allow the sewer and
water lines to be extended beyond the boundaries of the plat that is being
submitted for Bear Creek No. 1 and typically they are in stub streets. At the time
that the second phase or the next phase of Bear Creek is developed, these stub
streets will be extended. This will allow the city in the mean time to access the
ends of these lines and also at the time that their stub streets are extended it will
allow the contractor to get a hold of these lines without disrupting the pavement
that has been installed up to the phase line. So they are just temporary in nature
until such time that the streets are extended, at that point in time then the
easements go away. Do you have any questions on it? There is a little map in the
Meridian City Council Meeting (
March 6, 2001
Page 6
back of it that kind of shows where these easements are at the ends of each one
of the stub streets.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I just had a question, Gary. Why is this different than any other
subdivision that is developed in phases? We have never needed easements for
those that I remember.
Smith: There is not any dedication right now when they extend the sewer lines
beyond the boundaries of the subdivision. I guess we are kind of picking up some
pieces that have fallen through the cracks on previous subdivisions and making
sure that the city has access to those lines beyond the boundaries of the
subdivision. In this case, there are two owners involved, the developers of Bear
Creek are involved in part of these easements and then the original landowner is
involved in part of them, because they have not deeded that land over to the
developer yet, apparently. So we are just trying to make sure formally that we
have access to the ends of those lines without getting into a trespass situation if
we had to access the ends. Typically, on water lines there will be a blow-off valve
or a blow-off device at the end of those lines. Sewer lines, it kind of depends, but
generally there will be a little stand pipe that will come up to the service for a
clean out if needed.
Anderson: So is this something we would expect to see in the future. I get
where you are saying the only time we are dealing with two separate landowners.
If that land is still owned by the same developer, we will not do this.
Smith: No, we would be doing it on all developments just to make sure that we
have access to those lines.
Anderson: Okay. Thank you.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would like Mr. Nichols to state I believe that we probably have to pass both
of these separately. Because we are dealing with two entities if Mr. Nichols would
respond.
Nichols: Mr. Mayor and Members of Council you can approve these together
since they are on one project as long as the motion mentions both of them just
they way that you approved all of those contracts on the building inspectors, but
Meridian City Council Meeting (
March 6, 2001
Page 7
they both need to be referenced in the motion since the pertain to the same
project.
Corrie: Any further discussion or questions from the Council?
Bird: I have none.
Bird: Mr. Mayor.
Corrie: Okay, hearing none, Mr. Bird.
Bird: I would move that we approve the temporary sanitary sewer line and water
main easements with Bear Creek LLC and Queensland Acres Incorporated and
for the Mayor to sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion made and seconded to approve the sewer and water easements
to Bear Creek subdivision with Queensland Acres Inc. and also Bear Creek LLC.
Any further discussion? Hearing none, a roll call vote Mr. Clerk.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
Corrie: Okay, all ayes. Motion is carried.
Smith: Thank you Mayor. Thank you Council.
B. Planning and Zoning Department - Shari Stiles:
1. Proposed Changes to the Area of Impact:
Stiles: Mr. Mayor and Members of Council I did not want to go into lengthy
discussion on these tonight, but wanted to make you aware of these requests
that are being presented to Ada County and through Boise City. I will answer any
questions you have about them. One is the Winston Moore property that was
discussed at the last meeting, the 12 acres that they would like to be put into the
city of Meridian Area of I mpact, and I believe we are still waiting for a report on
the 20th regarding the serviceability of that addition. The one that is shown as in
Muir Woods subdivision, this property that they are proposing to go to Boise City
has already been platted. The homes are built. There is a provision in our Area of
Impact Agreement that said whenever a property is split by two Areas of Impact
the property can develop where the larger portion of the property is located as
long as the depth of the other parcel does not exceed 300ft. When they
developed this Muir Woods subdivision, they did come before the city requesting
that Area of Impact be changed. The City Council made the decision to deny
their request so what happened was they only developed the 300ft depth and
Meridian City Council Meeting (
March 6, 2001
Page 8
then have a remnant piece that is virtually useless to anybody. So they kind of
just worked around what this county requires in order to get it developed in Boise
City. They are proposing a transfer of that area of the south, which is part of an
existing subdivision. I do not know if that is sewerable. That would be something
else that we would need to look at. The location No.4 is where Boise Ranch Golf
Course is. That is in our referral area currently, and they have an existing
subdivision out there. They are proposing approximately 7 lots that would be
included in Boise's Area of Impact. This is probably an issue maybe that Bill
Nichols and I need to get together on and be able to present some better
information to you. Perhaps at the workshop and we also need to look at the
process we are going to go through for these changes to the Area of Impact and
how that will impact our Comprehensive Plan changes if it does at all. I know that
Commissioner Kingsford had called Will and wanted to kind of get your general
idea on these suggested changes. I am not asking for an actual decision at this
time, but I wondered if you had any questions or had any input on how you feel
one way or the other if it is something that you want to keep looking at and bring
up at the next meeting.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would like to see this on our planning session workshop next Tuesday if it
would be okay with Shari and Mr. Nichols could get something together for us. I
think this is something we need to think on and look at.
Corrie: It is the 13th?
Bird : Yes.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess just to give you a little indication of what I am thinking Shari
is that I really do not have any problems with the proposed changes in those
areas. The problem that I have is with the one piece of property and the letter of
intent to serve. I have some questions on that. That is my reservation at this
point.
Shari: Okay. Thank you.
Corrie: Shari, if this goes through is there a change that is going to cause our
Comprehensive Plan that we cannot change it? Or if change it it is going to put a
time restriction on later changes?
Meridian City Council Meeting (
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Page 9
Stiles: That is what Bill and I need to get together with and discussion and make
sure that is not going to have any impact on that.
Corrie: Then what I am hearing is the Council wants to put that on the workshop
agenda as well as the 20th to come back here.
Stiles: Thank you.
Corrie: Thank you, Shari.
C. Mayor's Department - Mayor Corrie:
1. Appointment of Planning and Zoning Commissioner:
Corrie: To the Council I have two, one appointment and one reappointment. The
reappointment for Keith Borup his time is up on his first term, and I needed to ask
the Council to continue his term for another term. Then also Mr. Hatcher is
resigning from the Planning and Zoning, and I have brought the name Kevin T.
Schreeve to be placed in that position. He is an engineering you have the bio
there in front of you, so you have any questions. They have to entertain them at
this time.
Anderson: Is he in the audience tonight?
Corrie: I do not think Steve is here tonight. He had another meeting he said he
had to go to, an engineering meeting. Keith Borup is not here either. He had
another one too. But he did his consent that he would like to be engineered.
Anderson: That is good. I would hate to force him too unwillingly.
Corrie: No. He has a Civil Engineering degree and a master's degree in Civil
Engineering as well. He has served on other boards of such improvement and
development boards. Any other questions?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Just a comment, Kevin is currently serving on the Pathways
Committee. Once we chose the commission members for the Parks Commission,
Mr. Schreeve has put in his letter of interest for both commissions. He wanted to
get involved in the community and to serve to help improve the community that
he lives in. Once we chose those commissioners, I did call him and invite him to
serve on the Pathway Committee, and he got on there and immediately had a
major impact helping with the mapping and that sort of thing. He is very diligent.
He follows through very well, and he has certainly been an asset on that
Meridian City Council Meeting (
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Page 10
Committee. That is the only small bit of knowledge that I have of him. He really is
energetic and. follows through with his commitments.
Corrie: Thank you.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I would move that we accept the reappointment of Keith Borup and
the appointment of Kevin Schreeve for the Planning and Zoning commission.
Bird: Second.
Corrie: Motion made and seconded to reappoint Keith Borup to the Planning
and Zoning and also to appoint Kevin Schreeve as a new commissioner. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 5.
(Items moved from Consent Agenda)
A.
Tabled from February 20, 2001 : Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84:
Corrie: Since that was moved to the agenda 5A, Council discussion? This is not
a Public Hearing.
Nichols: Mr. Mayor and Members of Council you will recall that we were waiting
on Touchmark to sign the Development Agreement and some other issues.
Touchmark was working on some things. We had a meeting with staff,
specifically Gary Smith and myself meet with the engineers for Touchmark and
the attorney for Touchmark on the Development Agreement issue. One of the
things that is in the Development Agreement is if the developer wants to institute
a phasing plan on construction of the development that has to be done through
an addendum or amendment to the Development Agreement. So we have been
waiting on a phasing plan and Richard Cook from Briggs Engineering has the
phasing plan to at least deliver to Mr. Smith. If you want to ask him some
questions even though it is not a Public Hearing, it is not impermissible to have
him show you what this is. Under the circumstances I do not think we have to
have a Public Hearing on an amendment to the Development Agreement with
regard to phasing plan only. That is what he is here for, and it is actually my
Meridian City Council Meeting (
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Page 11
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request that they have somebody here because we have been tabling this off
and on for several months. And I know the Council wanted to get this moving. So
I told Mr. Cook this afternoon it would a great benefit if he could at least be here
to answer any questions you might have about where they are at in their process
so that we can finish up our part of it. Then they can proceed with their
development.
Corrie: With that legal opinion, Mr. Cook step forward and welcome.
Cook: Mr. Mayor and Members of Council my name is Richard Cook, Briggs
Engineering, 1800 West Overland Road, Boise. For those of you who have not
met me yet, I have been with Briggs for just about a year now and prior to that I
was with Boise City Planning for 12 years. Now I am in the private sector and
having all kinds of fun. I do not know what questions I will be able to answer for
you tonight about this project. It has been going on for a couple of years as you
know, and I jumped into this project mid-stream, but we do have a phasing plan
that is hot off of the presses. I think we are getting real close now to being able to
move forward and request a final approval from the Council on this.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess we have been waiting on the Development Agreement and
maybe we could hear something about the phasing plan and what that is.
Corrie: Do you care to show the phasing plan?
Cook: I have copies of the phasing plan. Staff has not even had a chance to look
at this. I just pulled them off of the printer about 1-% hours ago. One of the things
that we are doing in this phasing plan; it has been revised since the initial
application was submitted.
Corrie: Mr. Cook could you set it over there so the audience can see it. Then we
can kind of move that around and you can take that microphone with you.
Cook: As I understand it since we first submitted this application the phasing plan
has changed a little bit, and what we are requesting is that we be allowed to
change the phasing plan taking this section out. It did go from here over to this
area in here. This was all phase one initially. What they would like to do now is
cut that out and include this area in phase one and the addition of this area that
is crosshatched on your phasing plans that I handed out. By doing this it will
allow us to incorporate a small park as part of the first phase and the number of
units in the first phase, what we are trading out. We had 20 and this will be 23 so
there is an additional 3 units involved in the first phase than what we had before.
The first phase will also include the public street coming in off of Franklin Road
Meridian City Council Meeting (
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Page 12
and that public street will terminate at this location and then it will be a private
street from here on down. It will incorpora~e also this looped area that you see
here. Part of it will be a construction road that comes in along the west boundary
of the property and this hatching that you see here is the road that will be utilized
for construction. I am not sure but I think this box down here in the left-hand
corner, I am not certain what is going on there, but I believe they are probably
going to utilize that as a lay-down area for construction materials at this point. I
am not exactly certain what is going on there. By doing the public road, it will
allow us to start laying in utilities as well. If I can answer any questions for you I
would appreciate it. I will sure try.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I noticed looking at this map that phase 2 is kind of in pieces that are
just kind of strung around this deal. I guess I have not ever seen a phasing
process where it works kind of like that where they pick parcels at will and plop
them around there. Usually it works from one area across the property there, so I
am kind of curious when you say phase 2, I mean there are 4 separate areas,
are those all going to start at one time and be completed, or what is the idea
there with phase 2?
Cook: Council member Anderson that is correct. If you will look at this phase 1,
all of the phase 1 property and all of the phase 2 pieces are all adjacent to one
another. So as we go from phase 1 into phase 2, it will fill in. Phase 2 will be
completed before we get into phase 3, phase 4, and then phase 5.
Anderson: And what is your time frame for the completion on these different
phases?
Cook: That I do not know.
Anderson: I guess one of concerns is that even in the testimonies that we heard
is the subdivision off to the west of this property with Monteview was concerned
about having secondary access to Franklin Road. That stub street that ties in on
your main road, I guess that is something that I would have liked to have seen in
a phase 1 development so that we could provide that relief a little bit earlier. Is
that a possibility that that could be incorporated into phase 1?
Cook: Mr. Mayor, Councilman Anderson that is certainly something that we can
take a look at. I do not see at this point what the problem would be for making
this connection early on.
De Weerd: Mr. Mayor.
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Page 13
Corrie: Mrs. de Weerd.
De Weerd: I would agree with that too. That was one of the issues of concern,
was that access road. Now, with this phasing nothing is changing in your design,
is that correct?
Cook: That is correct Council member de Weerd. The layout is basically the
same. We have pulled things a little bit further to the north off of the 1-84 area to
allow enough room for the berm that we have to put in here, and also to allow for
the easement for the irrigation. Other than that things are the same as they have
been, same number of units and so on.
De Weerd: Well, we thank you for coming. We have seen this for over a year
now, and it is nice to know that is still going forward.
Cook: It is still going forward. We apologize for the length of time that it is taking.
It is just one of those nightmares that we deal with in a project this size. One of
the things that we wanted to do also was take care of some property boundary
adjustments through Ada County before it was annexed into the city just to
simplify that end of it a little bit. That has finally been taken care of as well, so we
are moving forward. Thank you.
Corrie: Any other questions, Council?
Bird: I have none.
Corrie: Thank you.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I believe that this new phasing and stuff we need to get Mr. Nichols and Mr.
Smith to get together and put an amendment to the Development Agreement or
write a new development Agreement, whatever we have to do, and present it
back to us so at this point I do not believe that we have anything to enact upon
regarding this. So I would table this until April 3, 2001 with the Council's
permission.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: This is just a question on clarification then. If I understand the
process right and maybe Mr. Nichols can help me out a little bit is the
Development Agreement and if we would like to see the stub road over to
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Monteview incorporated into phase 1, could that be incorporated into the
Development Agreement and the drafting of that? How could we assist that
process?
Nichols: Mr. Mayor, Councilman Anderson, and Members of the Council here is
how I would see this coming about. Mr. Smith will review the phasing plan, taking
into account the comments that the Council has made tonight and see if the
phasing plan is acceptable from Public Works standpoint or what things he thinks
needs to be in that phasing plan. Then that goes back to Mr. Cook and Briggs
Engineering and if they agree with those changes then a phasing plan is
submitted that fits those changes. Then we would bring that to you as an
amendment to the Development Agreement. It would say here is the phasing
plan that Public Works has reviewed and says will it work and take into account
that access for Monteview, and then you can approve those. We get them to sign
them. Mayor and the Clerk signs them then we can proceed with the annexation.
Now with these boundary line adjustments it is also possible that the meets and
bounds legal description for the project may be slightly different than what it was
before so we will have to reflect that in the Development Agreement and then we
will also have to reflect that in the annexation ordinance which would follow
approval of the Development Agreement. There are some steps to be done, but it
first starts with Public Works and then we will work on making the pieces of the
puzzle come together. Thank you.
Corrie: A question comes to mind, Gary. Is that going to give you enough time?
Smith: Yes, I think so Mr. Mayor. I would appreciate it if after you have had a
chance to look at this phasing plan if you have anymore comments to let me
know. Is that appropriate Mr. Nichols outside of this meeting?
Nichols: What I would suggest is that if the Council has any comments to make
with regard to the phasing plan or things, it is okay if they submit those to you so
long as whatever they submit to you is in writing, and then you provide a copy of
that to Mr. Cook.
Smith: Okay, thank you.
Nichols: And Mr. Mayor, it might be best if it goes through Will or we have some
central way of making sure it gets disbursed out to the proper parties. So if
Council has some specific comments if they will get those to Will. Will will take
the responsibility of getting them to Gary and to Mr. Cook.
Corrie: So be it. Okay, we have a motion but no second.
Anderson: Second.
Corrie: Any further discussion at this point?
Meridian City Council Meeting (
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Page 15
Bird: I have none.
Corrie: All of those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Gary and if you will get that and Will if you will be the central distribution
of those we can make sure we all get those.
Item 6.
Resolution No. 01-363: Adult Softball Team Fee Increase:
Corrie: So at this time if the City Clerk will read the resolution by title only at this
point.
Berg: Thank you Mr. Mayor and Members of Council Resolution No. 01-363, a
resolution of the City Council of the City of Meridian making certain findings and
adopting a schedule of fees for services referring to the new softball team fee for
the summer program.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve Resolution No. 01-363 for the adult softball
team fee increase for the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and seconded to approve Resolution No. 01-363, the
Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, roll
call vote Mr. Berg.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
Corrie: Okay, all ayes, resolution is approved.
Item 7.
Resolution No.
No.1:
: Meridian Urban Renewal Area
Corrie: I believe that the Council wanted to have some more discussion on that
one, so I will entertain a motion to table that until the March 20, 2001 meeting
and also place the discussion on the workshop agenda on the 13th.
Anderson: So Moved.
Meridian City Council Meeting (
March 6, 2001
Page 16
Bird: Second.
Corrie: Motion made and seconded about the resolution for the Meridian Urban
Renewal No.1. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Item 8.
AZ 00-025 and PP 00-027: Staten Park Subdivision Discussion
requested by D'Alessio Building Development regarding the
February 20, 2001, City Council vote for denial:
Corrie: Council, there are two other areas here the Findings of Facts of Law on
the annexation and also the Preliminary Plat. It was for tonight. I understand that
if the Council wishes to hear this request for denial the Council can either accept
or reject the request to be hearing it. Now, if you accept to rehear it, correct me if
I am wrong Mr. Attorney, then we would have to set a Public Hearing again on
the annexation and zoning and Final Plat, is that correct?
Nichols: Mr. Mayor and Members of Council that is correct. The request from
Mr. D'Alessio is for the Council to consider additional information that Mr.
D'Alessio believes that the Council did not have an opportunity to hear because
of discussion that followed the close of the Public Hearing. So if the Council
decides to look at this again, we would have to have another hearing.
Corrie: Council if you wish to hear the brooks rebuttal on the denial that was
given on the Findings of Facts and Conclusions of Law.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I believe that the two naye votes would be proper for them to say whether
they would like to see it reopened or not. I believe that was Councilman
Anderson and Councilwoman de Weerd.
Corrie: Okay, let us hear from Councilman Anderson.
Anderson: Mr. Mayor, my comments that evening were not subject to rebuttal.
They were just part of the discussion prior to the vote which is normal process
with the Council meetings. There was a request along with this to put in a
chainlink fence, which was not something that was the desire of the Councilor
the staff and that is one of the reasons why I denied it or voted to deny it. The
other item that I had was that I believe and I stated it at the meeting that even
though this subdivision appears to meet our Ordinances in size, I think this is just
another stamp of a blue print of a 8,000 square foot lot in Meridian, and I think
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Meridian has hundreds of these and it would be my thought and my desire to see
something in an area that I consider one of the jewels of Meridian around our golf
course area that I would like to see a little larger lot size in that area and
something other than just the standard stamped 8,000 square foot lot that we see
in every subdivision that comes before us. Those were my remarks.
Corrie: Okay, Mrs. de Weerd.
De Weerd: I do not thing we had anything that was specific to the application to
really discuss that was not already discussed so, I would stand by my vote.
Corrie: Okay, then we will take a vote here, whether Council wants to hear
further discussion on D'Alessio's development. Mr. Berg.
Bird: Mr. Mayor let me ask the two Council people that were naye. Do you
believe that anything that you stated after the Public Hearing was closed was
something that the applicant should have been able to respond to --
*** End of Side One ***
Bird: -- statements. Which I believe they were.
Anderson: That is the way I viewed them. It was not something for rebuttal. It
was just a statement that these are the things that are influencing my decision on
how I am going to vote. I guess I would also ask to that since that was a tie vote
on the Council and the Mayor broke the tie, it is appropriate for him to maybe
speak about his reasons too?
Bird: I think so too. Would you do that?
Corrie: Yes. I would like to hear what they have to say. I know that a bunch of
my concession was based upon the fencing and then the sizes and the cookie
cutter type development. I do not know what their plans would be differently than
they have presented already, but I would be willing to listen to them again. And
then let them have another shot at it because like I say they are in an R-4 and
are correct for the Ordinance in R-4. I think that if it is a 2 to 2 again, that I would
give them the chance on the 20th to make their case. And they did not to the
Council, then -
Nichols: Mr. Mayor, we would have to put it off until the first meeting in April
because of the requisite time for the noticed to be published in the newspaper.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
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Anderson: Just a question of the City Attorney, I mean procedurally to reopen
this would not one of the Council people have to resend their vote? That voted in
the naye.
Nichols: Councilman Anderson, Mayor, and members of the Council if I
understand my Parliamentary Procedure correctly and that may be a big if this is
essentially a motion to reconsider. A motion to reconsider must be made by one
of the members of the governing body who voted in favor of the motion that
passed or voted with the majority. So the majority was to deny the application, so
I would say it would have to be you, Councilman Anderson, or Councilwoman de
Weerd that would have to make the motion to have this reopened up and have a
new hearing. The second can be any other member of the Council.
Corrie: Since I cannot make a motion -
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I just would reiterate then that I would stand by my statements that I
made prior to the vote and at this point would not be willing to reconsider.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: As everyone knows, I have a problem closing a Public Hearing and
making our philosophical statements, but because that is what the will of the
Council is I go by it. I do not like to keep dredging up every single application that
we deny and rehash it. We kind of decided that we were not going to do that
anymore, so I will go with the theme on that as well, so I stand by my decision as
well.
Corrie: Then based upon that nobody is going to make the change, and then
the request for rebuttal is moot at this point.
Item 9.
Findings of Facts and Conclusions of Law of Denial: AZ 00-025
Request for annexation and zoning of 8.15 acres from an Ada
County RT zone to R-4 for proposed Staten Park Subdivision by
Leavitt and Associates - east of Black Cat Road and south of
Ustick Road:
Corrie: Council, you have the Item 9 Findings of Facts in front of you. Any
discussion on the rezone from RT to R-4 on the Staten Park on Black Cat and
south of Ustick Road?
Meridian City Council Meeting (
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Page 19
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the Findings of Facts and Conclusions of Law of
denial for the request for annexation and zoning of 8.15 acres from RT zone to
R-4 for the proposed Staten Park Subdivision.
Anderson: Second.
Corrie: Motion made and seconded to approve the Findings of Facts and
Conclusions of Law on the Staten Park Subdivision for the annexation and
zoning for the denial. Any further discussion? Hearing none, roll call vote Mr.
Clerk.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, naye.
MOTION CARRIED: THREE AYES, ONE NA YE
Corrie: Motion to denial is approved.
Item 10.
Findings of Facts and Conclusions of Law of Denial: PP 00-027
Request for Preliminary Plat approval of 24 building lots and 5
other lots on 8.15 acres in a proposed R-4 zone for proposed
Staten Park Subdivision by Leavitt and Associates - east of Black
Cat Road and south of Ustick Road:
Corrie: Council, you have that in front of you. I will entertain a motion on the
denial of Findings of Facts and Conclusions of Law for the Preliminary Plat.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the Findings of Facts and Conclusions of Law of
denial for PP 00-027, request for Preliminary Plat approval of 24 building lots and
5 other lots on 8.15 acres by Staten Park Subdivision.
Anderson: Second.
Corrie: Motion made and seconded to approve the Findings of Facts and
Conclusions of Law of denial on the Preliminary Plat of Staten Park Subdivision.
Any further discussion? Hearing none, roll call vote Mr. Berg.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, naye.
Meridian City Council Meeting (
March 6, 2001 '
Page 20
MOTION CARRIED: THREE AYES, ONE NAYE
Corrie: Three ayes, one naye motion is carried for the Findings of Facts and
Conclusions of Law of denial is filed.
Item 11.
Tabled from February 20, 2001: CUP 00-057 Request for
Conditional Use Permit to construct a new office I warehouse
building in a flood plain for Big D Builders in an I-L zone - King
Street and Baltic Place:
Corrie: Council you have the CUP and Findings of Facts -
De Weerd: No we did not. We continued it.
Corrie: That is right. Discussion on the Conditional Use Permit? I thought maybe
there were some questions the Council might have first, but staff go ahead.
Stiles: Mr. Mayor and Members of Council this is for property at 200 North Baltic
Place. The recommendation to the City Council under Item 1 as 299, I think that
was old, another application. So it should reflect the 200 North Baltic Place, the
applicant did come in today and has some issues with some other
recommendations, and he can address those now. One thing that he was looking
at would be on page 2 under Item 1.1, the zoning ordinance under the Flood
Plane overlay district has some antiquated wording referring to a Department that
is no longer responsible for reviewing applications of this type. He can address
those facts. Our new employ that had just started, Dave McKennan, you have not
met him yet, but he did do a lot of work in Garden City on the Flood Plane, and
he will be developing a new Flood Plane Ordinance for your review in the near
future so we do not have to go through this on these Flood Plane applications.
Also, on Page 4, Item 1.8, we are still showing some old language on the
landscaping regarding the 3-inch caliper trees per 1500 square feet of asphalt.
Oh no, I am sorry. It does refer to that, but some of our comments that we have
done lately have referred to the 3 inch calipers still so Bill brought that to our
attention, and I just read that and thought that it was still in there so excuse me. I
will let the applicant get up and discuss any items on the recommendations that
he had issues with, and we recommend approval with the remaining staff and
agency conditions.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Shari, will you clarify 1.1 for us. The District Health Department of the
Department of Health and Welfare is not the approval agency anymore. Who is it
so we can get it changed here?
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Stiles: It would be through the Department of Water Resources and FEMA, to
meet their requirements. They are the ones that set the standards for building
within the Flood Plane.
Bird: Okay that needs to be changed from District Health Department to FEMA.
Stiles: Idaho Department of Water Resources.
Bird: Idaho Department of Water Resources. That is alii had Mayor, thank you.
Corrie: Okay, any other questions, Council? Is the applicant here tonight? Okay,
do you have any questions? I mean have you seen the recommendations from
the Planning and Zoning?
Durrant: My name is Dennis Durrant. I reside at 8352 South Old Farm Place. I
reviewed everything and just a few points of clarification I would like to make if
possible. Shari corrected the address it is 200 Baltic Place. On the
recommendation 1.1 on the sewer and water systems being flood proofed, I
found out that that does not actually apply if the property is built up above the
Flood Plane, which it will be. But for those interested, the path that I have pursed,
I did contact Central District Health Department, Mike Reno. He said he did not
have any jurisdiction; he referred me to DEQ. They said they had no jurisdiction
and referred me to Building Safety Plumbing Department, and they said they had
no jurisdiction, so I followed the path until I finally talked with Gary and then I
spoke with Dave McKennan today. He said that he already had a rough draft
already on that Ordinance for approval, so I think that is taken care of. The other
point I wanted to bring out was 1.8 that refers to landscaping and I think there are
some specific comments that are addressed that I agree with. Then on
recommendations 1.27, 1.28, I believe that should read either or on those
recommendations 1.27 reads storm water shall be pretreated through a grassy
swell prior to discharge. And then I believe it should sayar the engineer or
architect involved with design of the subject project shall obtain current best
management practices so in the event that a grassy swell is not available to treat
that water that it can go into a subsurface sand/grease trap. Those are the only
alterations that I was able to come up with, so if you have any questions for me.
Corrie: Council?
Bird: I have none.
Corrie: Okay, thank you. Council, you have the recommendation from the
Planning and Zoning and from staff with the corrections, how do you want to go
with this Conditional Use Permit?
Nichols: Mr. Mayor.
Meridian City Council Meeting (
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Page 22
Corrie: Mr. Nichols.
Nichols: If I can interject, Gary on the subsurface sand and grease trap option
for treatment of storm water, do you have some recommendations as to what
would be included before you would pass off on this particular method of treating
storm water?
Smith: Yes sir. Mayor and Council and Mr. Nichols, we are basically following
the Highway District's recommendations for subsurface disposal at this point.
They are under review right now for revision, but at this point we are following
ACHD's recommendations and specifications.
Corrie: Any other questions?
Bird: I have none.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that approve the request for Conditional Use Permit to
construct a new office warehouse building a Flood Plane for Big D Builders with
recommendation 1.1 wording changed and recommendation 1.27, 1.28 to include
or and for staff comments and for the Attorney to draw up the Findings of Facts
and Conclusions of Law and Decision of Order.
Anderson: Second.
Corrie: Motion made and seconded to approve the request for Conditional Use
Permit with the changes as are noted in staff comments including and have the
Attorney to draw up the Findings of Facts and Conclusions of Law. Any further
discussion? Hearing none, Mr. Berg a roll call vote please.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 12.
Continued Public Hearing from February 20, 2001: AZ 00-026
Request for annexation and zoning of 5.4 acres from RT to R-8 for
a proposed Planned Development for proposed Kodiak
Development by Hubble Engineering - west of Meridian Road one-
half mile south of Overland Road:
Corrie: At this time I will continue the Public Hearing and request staff
comments first on Item 12.
Meridian City Council Meeting {
March 6, 2001
Page 23
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Smith: Mr. Mayor and Members of Council when we left this project the last
meeting was to resolve the extension of the sanitary sewer issue on Meridian
Road from Elk Run subdivision south to this property. I do not have a resolution
for you tonight. I have got a meeting with Mr. Jewett's engineer Wednesday
afternoon at 2pm, and we are going to review all of the information that I do have
in my file from the Elk Run Subdivision No. 2 project. I do not think it is an
insurmountable problem to extend that sewer. We may have to jog a little bit to
get past the fiber optics where it is presently stopped and get under the Kennedy
Lateral to proceed on to the south, but I am fairly confident that that can happen.
I do not have a specific answer for you this evening though.
Corrie: Okay, is there from the public that wants to testify on the Kodiak
Development at this point?
Jewett: My name is Jim Jewett, 4002 West Teeter here in Meridian. I have met
with Gary and we are going to meet tomorrow to try and figure out which way to
go with the sewer. The question at the last hearing was is there a way we can go
on the common lot, and my research today with both John Priester, the Ada
County Engineer, and with my engineer and with the title company is there is an
utility easement that does exist along Meridian-Kuna highway that we can use if
we cannot get it around this fiber optics. There is another route, and I have talked
to Gary about that. So my request for you tonight is to approve the annexation
and let us move forward on the Findings of Facts while we work this problem out,
exactly which way it is going to go. I think Gary spoke that he is reasonably
assured it is going to somewhere. It is just a matter of where. I know the Church
is waiting for the sewer to the south of me, and I would like to work with them and
get this sewer down to them so they can proceed on and I can proceed on. My
request tonight would just be to grant me the approval to get the annexation so
we can move forward.
Corrie: Thank you, Jim. Any questions?
Bird: I have none, but I do have one for Gary please. Gary do you have any
problem with approval of the annexation tonight without this being 1000/0 worked
out? I am sure there is some place that there is an easement to take that sewer
down.
Smith: As Mr. Jewett mentioned, he and I had a discussion about the
applicability of a note on the plat of Elk Run No. 2 and how that would be
interpreted. He was going to contact Ada County Engineer for his interpretation,
which it sounds like he did and in that regard at least there is an easement there
that could be utilized to extend utility to the south. It is just going to take some
engineering and making sure that all of the details are looked at as to how it can
be extended.
Meridian City Council Meeting (
March 6, 2001 '
Page 24
Bird: Would you feel more comfortable if you were given the time to look into it
and make sure, so we do not get ourselves in bottle neck?
Smith: Well, the ramifications I guess I do not like to answer a question with a
question, but if it is alright with you, if the annexation went forward would it imply
that service was available in this route only? Or that we would provide service,
the City of Meridian would be encumbered to provide service, and having asked
that question then I will answer yours by saying, I obviously cannot guarantee
you right now how it could happen or if it could happen with the things that are in
the roadway out there right now. There is always the possibility that if there were
enough obstacles to extend the sewer in the common lot to Elk Run No. 2
subdivision that the sewer could be moved toward the roadway and not in the
roadway. Obviously the Highway Department will not allow that, but possibly up
onto the embankment of the roadway. And I do not know if that question has ever
been asked of ITO folks.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I understand that Gary is working on this problem, and I understand
Mr. Jewett is in a hurry to get his project approved. I do not think the Church is
knocking our door down. I do not believe that postponing this another 2 weeks
until the next Council meeting is going to mean a hardship for any party. I know
there were a lot of questions about our ability to get the sewer to that property,
and it still sounds like there are a lot of unknowns. Mr. Jewett may have talked
with the Highway District today, but he has not had the opportunity to set down
with Gary and really go over the details of that and stuff. So I would be in favor of
continuing this Public Hearing for another 2 weeks and let us get some definitive
answers before we jump into something.
Bird: Was that a motion?
Anderson: And I would make that in the form of a motion.
Bird: I would second it.
Corrie: Motion made and seconded to continue this Public Hearing until March
20, 2001 to have the Public Works director and Jim get together and get those
problems worked out. Any further discussion? Hearing none, I will have the City
Clerk give a roll call vote please.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting (
March 6,2001 '
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Corrie: All ayes. Jim the 20th they will have the Public Hearing continued to that
for the annexation and zoning.
Item 13.
Continued Public Hearing from February 20, 2001: RZ-OO-005
Request for Rezone of 10.04 acres from R-8 to C-N for proposed
Linder Crossing by Hawkins Companies and Stubblefield
Development - southeast corner of Cherry Lane and Linder Road:
Corrie: The applicant has requested that the Council delay that until July 3, 2001
meeting so with that request I will entertain motion to approve that continued
hearing.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we continue the Public Hearing on RZ 00-005 for Linder
Crossing to be continued to July 3, 2001.
Bird: Second.
Corrie: Motion made and seconded to continue the Public Hearing on Item 13
on the rezone 00-005 to continue until July 3, 2001. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 16.
Public Hearing: VAR 00-019 Request for a variance to exceed
maximum building height of 35 feet and reduce the 30-foot setback
requirement to 20 feet along the 63 feet of the one-story section of
the building for proposed Ameritel Inn by B & A Development -
Eagle Road north of 1-84:
Corrie: Before we get to 14 and 15, I would just let you know that 16 will be
continued until the 20th in 2 weeks. So if anybody is for that Public Hearing it will
be on March 20, 2001.
Anderson: Mr. Mayor can take about a 10-minute recess?
Corrie: I think that would be a good idea. With the Council's approval we will
take a 10-minute recess and be back at 8pm.
(Meeting reconvenes at 8:00 p.m.)
Corrie: It is eight p.m., and I wanted to first recognize that we have some scouts
here and there master with them from Troop 173, so welcome boys.
Meridian City Council Meeting (
March 6, 2001
Page 26
Item 14.
Public Hearing: AZ 00-022 Request for annexation and zoning of
118.4 acres to R-4 for proposed Springdale Subdivision by
Gemstar Properties, LLC - east of McDermott between Cherry
Lane and Ustick Road:
Item 15.
Public Hearing: PP 00-022 Request for Preliminary Plat approval
of 385 building lots and 9 other lots on 118.4 acres in a proposed
R-4 zone for proposed Springdale Subdivision by Gemstar
Properties, LLC - east of McDermott between Cherry Lane and
Ustick Road:
Corrie: And also with Council's approval I will just open the Public Hearing for
request for Preliminary Plat. If they want to do all of the talking at the same time
we will give the same weight for your testimony on both of the Public Hearing. So
at this time I will open the Public Hearing on Item 14 and 15, the request for
annexation and zoning and also request for Preliminary Plat, and we will have
staff comments first.
Stiles: Mr. Mayor and Members of Council this is for 118.4 acres at the extreme
edge of our Impact Area that would go to McDermott Road. This subdivision here
is Turnberry subdivision it sewers into the existing pressure line that was
developed when Ashford Greens was developed. The Autumn Area would be
here. The applicant is proposing to build a lift station and a forest main and the
trunk line that would be required to serve this area. As you can see from the
map, it is a little hard to tell but the property is located in this location. And the lift
station that would need to be built is here with the forest main to be built all the
way back to the plant. All of this area here would be the area that is served by
this McDermott trunk sewer line. Although it is contiguous to the City of Meridian
we do still feel that it is sprawl development. They are proposing to development
in phases with the very final phase to be in this area so until this connection is
made through Turnberry subdivision it is part of the final phase of the subdivision.
The only access would be off of McDermott Road in these two accesses here.
There were some concerns about the interconnectivity, Ada County Highway
District is loathe to approve any collector streets because their current policy is
that they would be required to participate in some of the cost of a collector street
if it were designated as such. So the only thing that they have designated as a
collector street in this subdivision would be in this location and then through here.
We did receive a revise plat based on our comments that were made to the
Planning and Zoning commission. We have not reviewed that plat for
compliance. They have requested an R-4 zone. Staff felt it was more appropriate
for an R-2 or an R-3 zone in this location. They also had an issue here on this
part of the subdivision there is some kind of discrepancy in the surveys and I got
a response that there is a discrepancy in their surveys, I have had no satisfactory
response to why that occurred when it does not show up on any of our records
through the county. The majority of the lots are between 8,000 and 9,000. They
Meridian City Council Meeting (
March 6,2001
Page 27
are proposing a park in this location to meet the Landscape Ordinance
requirements. Staff still stands by our recommendation to deny this application. It
is not within any priority area for development. Just to give you a little
background on the amount of land that is being proposed for annexation in one
phase or another. In 1999, the city did approve for annexation approximately 130
acres. In the year 2000, they had approved 487 acres to be annexed of that 487
acres there is over 300 acres that the ground has not even been turned. Already
to date in the year 2001, the staff is dealing with over 1600 acres proposed for
development in the city of Meridian. As I stated, this is not a priority area. We
have the White Trunk that is being built that will open up these 3 square miles,
also the South Slew Trunk that would allow development of all of this area, and
they basically open a new area for development that we do not feel is wanted at
this time. We stand by our comments as submitted and recommend that this
application be denied.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I have a question for Gary. On the sewer did I miss understand her, are
they putting in two lift stations?
Smith: No sir just one.
Bird: And that is north of their-
Smith: North of their proposed development -
Bird: And then they are bringing it over to -
Smith: The Wastewater Plant.
Bird: -- well what about the lift station that is going to be going right by that -
Smith: It is a separate lift station.
Bird: So this going to be one that pushes itself. And does it go the same flow as
the Black Cat lift station?
Smith: I cannot answer that question. I do not know. They are two separate lift
stations. They have two separate pressure lines. They do not join until the flow
has reached the treatment plant. They are two separate pressure lines, two
separate lift stations, and two separate service areas.
Meridian City Council Meeting f
March 6, 2001
Page 28
Bird: That is what I am saying Gary. How are they getting into the plant from the
lift station? Are they going the same route as what the one from the Black Cat
does?
Smith: They will follow along the Five Mile drainage to the plant.
Bird: And is that not the way the Black Cat, the big regional lift station will follow?
Smith: Yes, correct.
Bird: So in other words, we are going to have two sewer lines running side by
side?
Smith: Yes. Two pressure lines.
Bird: Okay, thank you Gary.
Smith: You are welcome.
Corrie: Any questions from staff so far?
Bird: I have none.
Corrie: Since this is a Public Hearing, I will invite the developer and the
representatives to testify first.
Wildwood: Mr. Mayor and Members of Council my name is Susan Wildwood. I
am attorney, and I am here on behalf of the applicant, Gemstar Properties, which
is the applicant for this particular project and was also the applicant for the
neighboring property which Mrs. Stiles mentioned, Autumn Faire Subdivision,
which is immediately to the north and to the east of this property. If you will Mr.
Mayor, I would like to refer to the large exhibits behind me and that may help to
answer some of the questions, particularly that of Council member Bird, so I will
try to answer those questions and then turn around and talk back into the
microphone. With regard to the question on the sewer line, I have available if you
would like to look at it the large sewer plan map, which does show the planned
trunk lines. Perhaps you would like to have Mr. Smith explain those.
Bird: I think I understand it now, I was just wanting to make sure that I
understood right that we are going to have two pressurized sewer lines coming
side by side once the Black Cat sewer comes down from the north, and we have
a regional lift station right there on that corner. You guys have yours over there
and we are going to have two sewer lines coming right down the same deal.
Wildwood: If I may, the current sewer plan actually shows the construction of the
McDermott trunk line in the area that was referred to by Mr. Smith, so it currently
Meridian City Council Meeting (
March 61 2001
Page 29
shows that coming into the pump station then as you indicated the Black Cat
Trunk will come in also. Thank you Council member. Mr. Mayor although staff
has recommended denial of this particular project, I think that there are some
items that particularly show a true benefit to the City of Meridian from this project.
It is true as is illustrated on the large map; the property is on the far-left side of
the Impact Area. It is in the dotted orange lines on this map and the current city
boundaries are the solid orange lines that completely surround this map and
actually go farther to the south. Because concerns had been mentioned in other
hearings and also by staff with regard to whether or not this would constitute
urban sprawl, we made the effort to actually plot out all of the subdivisions and
the development in the City of Meridian to determine whether or not what we
were proposing was urban sprawl. And actually, we were a little bit surprised by
what we found. The yellow properties are actually un-cleaved properties that
have not been annexed into the City of Meridian, and so you will see that the
concentration of un-cleaved properties actually go to the east of City Hall which is
where the little marker is right now. So that the bulk of those properties are to the
east of City Hall as is the undeveloped property that currently exists within the
City of Meridian boundaries. If you look at other undeveloped property
immediately adjacent to the city or within the impact boundaries, you will notice
that there are still some blocks to the south, and there are a few pieces that are
actually to the south of the proposed property. The golf course is in this particular
area and then if you will notice the larger, the darker green parcels that are
shown on this map are actually city parks or open area because another one of
the concerns was is there actually usable open space or park space that is being
provided at this end of town. If you look at the existing approved parks for the
City of Meridian, there are these two, there is another area in this location and
then the remainder of these, and this is Wilkin's Ranch. These are two small
private parks. In Autumn Faire Subdivision you have these common lots and then
this is the property that is being donated to the city as part of the Autumn Faire
development. In addition to that is the private park that was mentioned by Mrs.
Stiles that would be coming in as a part of the development of Springdale. That
park is developed because the current open space requirements are that there
be at least 50/0. With the park that has been made available in the Autumn Faire,
and this particular park that would be an excess of 12 acres of parkland made
available in that area at basically no cost to the city. As you will recall, we have
posted a bond of $204,000 to guarantee transfer of the park in Autumn Faire
Subdivision, this particular park would be developed to the developer's expense
and paid by the Homeowners Association. Because the current Ordinance
requires that the park impact fee still be paid, you would see a relief on any of the
parks within the city plus a payment of the park fees which would result in a one
time impact fee of $259 a lot for a total of I believe $203,000 that would be
coming into the Impact Fee account and made available to the Parks Department
for development of parks or acquisition of property for the development of parks.
The other thing that we felt was very important and it was also based not only on
staff's comments but a review of the letters that came in from the effected
agencies primarily the school district. I spent some considerable amount of time
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i
discussing school district concerns with Mr. Wendel Bigham, there is one letter in
your file, there is also another letter that I made available, but Mr. Mayor if I might
I would like to submit this original letter from Mr. Wendel Bigham. Members of the
Council, one of the important considerations for the City of Meridian is its
education. Meridian has grown greatly when compared to the other jurisdictions.
And schools are a concern and should be a concern of City Councils as well as
school districts. There are two things that happen with schools and that is the
physical plan, the actual schools that are constructed to house the students and
then whether or not there is sufficient operation and maintenance moneys, O&M
administration costs that come in to defray the costs of increasing population in a
jurisdiction. Based upon that and Mr. Bigham's original letter stating that the
school district could not support this project unless property was made available
to the school district. We met with the school district and discussed what schools
were available. This particular elementary site is in Dakota Ridge. That is I
believe the Ponderosa elementary school, which will be completed by autumn
2002. The school district has also identified a middle school site which would be
served by the White Drain Trunk line that the Mayor mentioned that the city is
currently budgeted for development of the White Trunk line that would be coming
up from the plant up Ten Mile and approximately then this location along the
drain would be somewhere along the north boundary of the middle school
property. This middle school property and I am not exactly sure what the status
of this property was, but this is one that Mr. Bigham identified for me is planned
for development within the next 3 or 4 years. And should pick up the students in
this area. In addition, we have identified in this vicinity because this was the
vicinity earmarked by the school district. They wanted to see an elementary
school if they could every section. This was an area that Mr. Bigham identified for
the identification of another elementary school site. We have indicated to him that
we will make available to the district at cost that school site and cooperate with
them in making that available to them. In addition they are looking for - the
school district is putting together a school committee which will be comprised of a
number of interested people from the community engineers, and other people to
put together recommendations to go to the school district for school site
identification. One of the things that they are talking about doing is to locate a
middle school and or a high school in the area that would be closer to Chinden
Boulevard, Highway 20-26 and somewhere in the location between McDermott
Road and Ten Mile Road, so they would in the future be looking at two additional
facilities. There is a new high school as you are aware of being constructed that
would be to the south, I think that is Mountain View High School, that will be
slated for completion by 2003. That will result in a shift of district boundaries and
moving children all over the place, but it is projected that if approved the students
from Springdale as well as Autumn Faire Subdivision would continue to attend
Meridian High School, and that they would probably continue to attend the
Meridian middle school. So in looking at those and discussing those matters with
Mr. Bigham, they felt that the district would be able to adequately serve the
students. They appreciated the fact that we had identified a school site in this
area. The other thing that is a concern for the school district has to do with the
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March 6, 2001
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amount of money that is available. Because we are talking about phase
developments coming in over a period of time, this the preference for school
districts because this gives them an opportunity to plan for those phases coming
in. I had submitted a letter that included a revenue cost to serve ahd revenue
projection, and I can say that it is certainly based on very conservative numbers.
What we tried to do with this in order to look at cost to serve and potential
revenues to the City of Meridian and the other taxing districts is we pretended
that this whole thing was built out immediately rather than being phased in over
10 years. We tried to take conservative numbers. We believe that property
values do escalate. And we estimated that the value of the project built out would
be somewhere around $56 million dollars. That number was derived from the
average lot sales in the locations for surrounding subdivisions that includes
properties that are east as well as south in the Turnberry subdivision. We looked
at what those lot prices would be and housing sizes, and then we took the most
conservative which is only the minimum square footage of the City of Meridian at
1400 square feet times the conservative $60 a foot to construct. That is where
we came up with the values. We think that those are very conservative, but what
we wanted to look at is what kinds of revenues would the City of Meridian and
the taxing districts including the schools be able to realize over a period of time.
These become important when you look at the services that are to be provided.
There are issues for the Police Department for ability to serve. The same thing
for the Fire Department, that is why we looked at what kinds of revenues could
possibly be generated and based on information from the police chief, based on
newspaper articles, based on other comments that we have seen. We tried to run
those numbers out to see what kinds of revenues. What it looks like at this point
and again we believe these are fairly conservative estimates because property
values will increase over the time of the phasing we will have a significant
number of homes in this project that will be larger than 1400 square feet with a
higher cost to build and hence a higher value. But our best projections are that
the City of Meridian that would be operation and maintenance and -
*** End of Side Two ***
Wildwood: -- according to the latest figures that we say in the newspaper would
be approximately 40 percent of that would be roughly $48,000 a year, which
would probably allow the hiring of one new police officer and or assistance to
defraying the cost of the police budget. In addition the fire budget is currently at
190/0 that would result somewhere in around $23,000 which would largely defray
the cost of another fire fighter should the city decide to expand it. We looked at
the police requirements per population. It used to be at 1.3 to serve it has
dropped down to 1.1 according to a conversation I had this evening with Chief
Gordon. They are hoping to bring that level of service back to 1.3 officers per
1000. And the average fireman per population is approximately 0.8. The school
district itself if you look at that particular hand-out, it looks at the number of
students per household, the number of classrooms that would be generated and
the amount of money that would come into the school district. The tax revenues
Meridian City Council Meeting (
March 6, 2001
Page 32
to the school district for operation and maintenance would about $158,000 a year
and to retire existing bonds we would probably are bringing in somewhere
around $95,000. The last sheet lists the additional levies and revenue projections
based on today's number for Ada County. The long and short of it is that it
appears that on an annual basis, annualized tax revenues to all taxing districts
could realize somewhere in the neighborhood of $582,000 a year plus you would
be looking at the one time park fee of $203,000 which goes into the impact fee
account. The ACHD receives moneys that would be going in for maintenance for
the road system, and the ACHD board has approved, has given us written
approval on this particular project addressing we think the issues that were
brought up by Mrs. Stiles. With the issues on the sewer and water as Council
member Bird pointed out with the construction of this line, there would be that
service in this area that would also at least for this for this stretch of the drain
coming into the treatment plant would be duplicative but only in this area. This
would be making available sewer that would handle not only the Springdale area
but the existing rural residential subdivisions that are located in the impact area
that are currently on well and septic and do not have sewer and water available
to them. So this would take care of groundwater issues that may be arising with
in the impact areas as we see development occurring. If you will notice the White
Trunk line at this point does not provide service to any existing rural residential
subdivisions, but it may in the near future when you look at the existing
subdivisions which are outside of the city impact area. These are the ones that
are in pink as well as this area and along side the Boise City limit line is this blue
line that traverses the east side of that particular exhibit. We understand that the
Comprehensive Plan is in the midst of revision. So one of the things that we
wanted to be sure and do is to look at not only what does the current
Comprehensive Plan talk about but the drafts that we have been able to obtain.
The current Comprehensive Plan designates this area obviously in the impact
area but would also suggest that this would be appropriate as R-4, which are one
to four dwelling units per acre. Interestingly in both the March 2000 and the June
2000 drafts the entire area that would be within the impact area on this side of
town and fairly close to the Chinden Boulevard corridor would be listed at low
density residential, which is one to three units per acre. At 3.25 we are
approximately 60/0 over what has not yet been adopted by the city and we believe
would be appropriate. The medium density residential is designated on at least
the June draft as being 3 to 8 units per acre and it actually would take in an area
at 3 to 8 units per acre approximately north of the treatment plant going due east
in one, two, three sections of ground would take in the current Autumn Faire
Subdivision, Turnberry, and significant other of the areas that area currently
developed out. So we think that even if the proposed Comprehensive Plan was
applied to this project we think that we would be able to be very close to it.
Interestingly enough, the draft for both June and March indicates that while the
projected densities for low residential is 1 to 3 units per acre. Both of those have
provisions for density bonuses may also be considered with the provision of
public amenities such as open space, pathways, or land dedicated to public
services. That density bonus exists in both the March and the June drafts. We
Meridian City Council Meeting (
March 6, 2001
Page 33
think that the bonuses that would come in from Springdale are not only the park
and then the open area that would be along the Ten Mile Drain but also the fact
that we would providing the entire sewer line and lift station projected by the city
engineering department on the map that I indicated earlier, allowing for a savings
to the sewer budget of in excess of $2 million dollars. Currently, it is my
understanding that the current budget for the White Trunk drain line as well as
the South Slew which is in this area is approximately $1.3 million dollars. This
would be a savings to the city of over $2.2 million dollars in addition to the
amount of revenues that would be generated to go into the city budget for the
sewer and water departments. I would like to address the density question
because I know that I have heard concerns raised and even tonight by Council
member Anderson as well as Council member de Weerd so I would like to go
directly to the lot sizes and the diversity for this proposed subdivision. Actually
before I do, Mr. Mayor and Members of Council I would like to bring this exhibit
up. This particular exhibit shows in this photograph is this area virtually this
corner that we are talking about in 1999. These other two photographs are this
same corner in the year 2000, and I would like to show you what the area
actually looks like and to illustrate that although there has some statements that it
is cookie cutter, it is actually a very interesting development that has come along
here. This particular photograph shows the development that has occurred from
the intersection of Ustick and Black Cat looking east. This one is 1999 and it
shows that there are several areas that had not been developed. This is a
photograph taken almost a year later showing that everything from the corner
with the exception of this parcel has been built out. It illustrates the houses
around the golf course and then this photograph is looking west looking at
Turnberry subdivision. While some of the lots are in the size range that Council
member Anderson raised some concern over 8000 square foot lots; there is
actually more variety of density in this area than one might suppose. With that I
would to talk about some of the subdivisions. This is the Autumn Faire
Subdivision that will be developed that has been approved by the City Council;
this section is Autumn Faire No.1. It is located in approximately this area. This
would be the location of Autumn Faire No.2 and the park, which is in the green,
hatched area. The blue lots shown on this diagram are those that are in excess
of 9000 square feet. The yellow ones are those lots, which are from 8000 to 8500
square feet. 8501 to 9000 are those represented by pink. This is in Autumn Faire
Subdivision. This is Springdale. In Springdale there are yellow, again represents
8000 to 8500, pink represents 8500 to 9000, and the blue ones are 9000 square
feet up. There are a number of lots in Springdale that are in excess of 1 0,000
square feet. In fact the largest one is 18,000 square feet. Between these two,
and the reason I wanted to show you both of these and if you would like I could
have the two of them set up, one of the concerns for communities is whether or
not those who come in and buy the first time in a community have the opportunity
to stay in a location. If you are a first time home buyer and you have your
children in the school, say Ponderosa or Meridian middle school or the new high
school, you want to have the opportunity to leave your children where the
schools are, where the churches are, where there friends are. So you look for an
Meridian City Council Meeting
March 6, 2001
Page 34
opportunity to move up. Now it may be that you come in as a first time
homebuyer and you buy one of the lots that is smaller in that price range, and
you are able to build your first home. And then within three years which is the
average time people are in a home, 3-5 years, then you want to have the
opportunity to be able to move up. Your preference is generally to stay in the
same community. You can go up to a larger lot, either in Autumn Faire
Subdivision or in Springdale, or you can be like myself and friends of mine that
happen to live in this area who are downsizing. I left 5 acres and 3000 square
foot house in Star, and I have gone to a small house that is still too big. It is 1900
square feet, and I am kind of knocking around in it. My lot is 97x145; I wish it
were smaller than that because my current lifestyle is to go boating and bicycling
and attend meetings at night. So I have no time to do yard work. Other friends of
mine have actually moved out just east of the golf course in this area. They are in
their 50s. Both couples work. Their children are gone and they have moved out
from Boise on larger houses. They down sized, and they came to Meridian
because they felt it was a quality lifestyle and they wanted smaller lots and they
wanted to be able to get the biggest bang for the buck. That is why they came to
Meridian. They were able to downsize and they found homes that were on 8500
to 9000 square foot lots, and they are delighted because they are gone all of the
time. Sales representatives and auditors, so they do not have time to do yard
work either. In fact, they are one of the ones that went down into the smaller
price range homes. So that what you have available out here and if you look at
this particular map this area is developing with a real character. It is the gem to
have the golf course immediately available. That makes it available for retirees,
families, it is a community course, and it makes it a real community out there. In
looking at the development that has occurred in Meridian there has been a
significant amount of development here. We thoroughly understand some of the
concerns that come in when you look at this is not the Boise impact area but the
City of Boise coming in toward Meridian. But in addition to that to the southwest
is Nampa and the development that comes in from the City of Nampa. I
participated as the attorney of record for two subdivisions that are within two or
three miles of this particular subdivision in the county. I brought with me tonight
an illustration of what development in Canyon County in this vicinity looks like,
having marked Springdale and Autumn Faire Subdivision. This is the existing
development along Star Road. This is a new subdivision recently approved, and
this is a large acreage subdivision recently approved. The size of the parcels
here and here were a function not a sewer and water but southwest district's
health requirements because these lots are all on well and septic and so there
are groundwater issues. There is no sewer available in this area so Southwest
District Health like Central District Health unless there is sewer and water
available is requiring larger lot sizes.
Anderson: Where is that project at?
Wildwood: This particular project was for CW Construction and this is the corner
of McDermott and Cherry Lane. This one is Star Road just north of Cherry Lane.
Meridian City Council Meeting (
March 6, 2001
Page 35
(
Anderson: That is not built?
Wildwood: No, no this is built. This is existing. This is Star Road and here is
Franklin.
Bird: By the Cheese Factory.
Wildwood: The Cheese Factory is about in this location.
Anderson: That is not built like that. I can tell you the roads and the lot size; they
are not like that. Anderson Way and Heath Way, those are not the roads.
Wildwood: I obtained this from the Canyon County Assessor's offices. That is
where I get the maps.
Anderson: I am a fire fighter, and I cover that area. I have been out there a lot of
times on fires and that is not built like that to that density. So I do not know where
you got that.
Wildwood: That is what is on file at the Canyon County Assessor's office.
Anderson: It may be on file, but it may not be built.
Wildwood: It may not, sir. All I know is this is what is currently platted and
approved for development. This property is not developed at all.
Anderson: The CW Construction?
Wildwood: This has just been approved.
Anderson: Is just going through approval right now.
Wildwood: Yes, it has just been approved. This one was just approved by
Planning and Zoning.
Anderson: And the density on CW?
Wildwood: These are large lots because a Nutrient Pathogen study showed
significant water issues, so they went to two to three acre lots. This one is an
average of one and a half acre lots also because of water issues, but these are
all on well and septic.
Anderson: Can I see that map?
Meridian City Council Meeting (
March 6, 2001
Page 36
(
Wildwood: Absolutely. The last comment that I would like to make Mr. Mayor and
Members of Council is with regard to the sewer system and again still addressing
the comment by Council member Bird. We have submitted as part of the packet
an email form Brad Watson because in the course of our discussions with the
school district in attempting to locate school sites. We wanted to be sure that the
sites we were looking at would have sewer and water available because that is
what Mr. Bigham requested in his original letter. So our question to the
engineering staff was whether or not there was sewer service available west of
Ten Mile Road given the current capacity and the current approved projects. That
email was submitted to you, and basically I will paraphrase very quickly that
given the current development requirements, the approved projects there would
be sewer capacity but no lines to serve schools that would be west of Ten Mile
Road other than those that could be served directly by the White Trunk Drain.
And there would be certainly none north of Ustick meaning that for the school site
that we have identified in cooperation with the school district in the location of
Ustick and McDermott and any other of the school locations there would not be
sewer and water available, so the school would not be able to develop school
sites in those areas. Hence, we believe that the provision of McDermott trunk line
not only provides sewering for this area, but also makes it possible to develop
school sites, which the Meridian school district has been looking for in these
areas. With that Mr. Mayor and Members of Council thank you and I would be
happy to stand for any questions.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Question first on the sewer line, so it would be gravity feed going
north up to the lift station point? Is that where it starts to take off on the drainage?
Wildwood: It is my understanding, now Mr. Stanfield can address it better than I,
but my understanding was it would be gravity feed. We are showing a slightly
different construction path. I believe the engineering department actually showed
one that came in this location. That it would be pumped to the treatment plant,
actually to the edge of the treatment plant and then that would be handled by the
city at that point.
Anderson: And so it would be pressurized line running from McDermott on over
to the waste treatment plant? And you cannot hook up to the pressurized, right? I
mean if someone else wanted to develop a piece of land along there, they cannot
just tap in part way down a pressurized sewer line can they?
Wildwood: Mr. Mayor, Council member, I am sorry I do not have a clue. May I
defer that to Mr. Stanfield?
Meridian City Council Meeting (
March 6, 2001
Page 37
Anderson: Sure. Maybe I can address some questions that maybe you could
answer.
Wildwood: Yes, thank you sir.
Anderson: The roadways, I understand that McDermott road is actually
serviced by Nampa Highway District, and they did not provide comments, is that
correct?
Wildwood: Mayor and Council member that is not correct. The Nampa Highway
District did provide us a letter. Actually, what happened is that there was some
discussion over who should be looking at that and Nampa had deferred to
ACHD. I do have that letter and I can dig it out for you sir if you would like.
Anderson: Okay. I guess what I am concerned about and the question I have is
we are seeing several large projects like this that are being presented to us, and I
think one of the fallacies that I see is that under Ada County Highway District
current procedure, they allow the developer to go out and hire their own traffic
engineer. I guess I do not feel like we always get the most objective point of view
if the developer is paying the salary of the traffic engineer to do this study. He is
probably going to find pretty favorably for what the developer wants him to find. I
guess what I am seeing is they are saying that we can dump all of this additional
traffic on these rural roadways and the only thing we need to do is widen these
intersections. I guess I have some concern about that because I know that these
roadways were not built for the traffic volume that we are going to be dumping
onto them. The base material underneath the roadways is not thick enough that
the sub-grade these roads themselves are not going to handle all of this
additional traffic that we dump thousands of cars on these things everyday. If we
are kidding ourselves thinking that we can just widen these intersections and
somehow that is going to magically solve these problems, so I guess what is the
development community and what are the developers willing to do, I mean we
pay a fee to Ada County Highway District, but that is no guarantee that those
roads are going to be built anytime in the near future to accommodate the
additional traffic that is going to go onto those roads immediately when this
project is built.
Wildwood: Mr. Mayor and Council member, actually because I deal in four
counties and have had various size projects, I have spend a lot of time talking to
the Highway Districts about Highway District problems and how you go in and
exactly on these kinds of issues. I have talked to Butch Riles who is retiring at
Nampa. I have not have too many discussions with ACHD, but especially in
Canyon County and McDermott as the county line, they have some concerns.
They have gone in and looked at not only level of service. They have looked at
traffic that is going to be generated and that is a fairly objective number about 10
trips per household in looking at that. Looking at the Highway District's standards
for road construction, what they are doing as they go in and improve the roads
Meridian City Council Meeting (
March 6, 2001
Page 38
are actually going to the state standard for construction which is significantly
higher. It is not only to service the fire trucks and the garbage trucks but also
basically to handle traffic as heavy as 18-wheelers. It is not quite federal
standards, but they are significantly higher. What the Highway Districts have
done when I have talked to Nampa and Canyon 4 when they have cross-
jurisdictional questions, ACHD for instance maintains the upper part of
Blessinger Road and Count Ada Road down to a certain point. When they go in
and do the work theoretically, they bring the road up to those other standards. I
believe that it is frequently a requirement that the roads be improved immediately
adjacent to the subdivisions I think you are asking a different question as far as
improvement for intersections. I am not sure how to address the improvement of
the intersections. But I do understand that based on some other cases that I
have done that they look at the traffic warrants at a particular intersection and
when that traffic reaches that point then they look at things like signalization,
channelization, turn lanes if you will, and in order to direct that traffic along those
rural routes. I think the difficulty is the sort of thing that this City Council and other
decision bodies have and that is do you do it before the development comes or
after it comes or in the middle of it, and how can you match those projects
together. That is one of the reasons we ran the numbers to look at ways that we
may be contributing enough money in that area to address that. As far as the
intersections go, I mean that staff commented on what would happen on a couple
of the intersections, Cherry Lane, and that is my basic knowledge on that. When
you talk about the development community, I know that there are some
developers that do not bat an eye going in and making the required
improvements and others fight it. My experience with this developer is that they
have gone in and they have done a good job in the road improvement
requirements. That is the best way I can address that concern, sir.
Anderson: So you have not been asked by Ada County Highway District to
participate in any of those intersection improvements or anything?
Wildwood: I am going to defer that Mr. Stanfield, but my recollection from
glancing through that report is that we were not at this point. They would be still
looking at level of service for those other intersections. It is my understanding
that when you come to a cross-jurisdictional road and my most recent experience
was Caldwell Boulevard which has some federal highway sections, some county
roads, some city road, and fairly complicated in what the ITO did. ITD would not
be involved here. ACHD and Nampa probably would be, although they have
improvement requirements and then they have maintenance requirements, and
my understanding is that those can be different. Sometimes there can be a joint
improvement of the roadway but maintenance would be one particular taxing
district. They look at the number of warrants again and rook at the level of service
for those intersections. Whether or not the road has been improved, in what
period of time, and if so what was the road base, how much asphalt, what is the
width of roads, what do the shoulders look like, and I do not know what their plan
is for McDermott. Scott may have more information than I do sir.
l'
Meridian City Council Meetingt
March 61 2001
Page 39
Anderson: Okay, let me address a couple of other things that you talked about.
One you talked about I guess you were giving us all of the examples of the
development that had occurred around the Black Cat and between Ten Mile
Road and Ustick. I guess I would just like to comment that that is kind of the
culmination of a 20-year project of building a golf course. And that was the
remaining area as the golf course was completed and that is why you say so
many projects that are filling in and are developing there. That is not just
something that all of a sudden the last two years just came into play. It was the
result of a 20-year effort and is kind of the end result. The other thing is you did a
very nice job of putting together some numbers to illustrate that you fill like this
development pays its way. I guess being in the emergency services business,
just to correct you on a couple of things. It is true that some of the numbers that
you used to generate some of the numbers, but some of the things that you did
not take into consideration. For example, to add one new fire fighter, it takes
hiring three fire fighters to have 24-hour a day, 365 day a year coverage. So you
cannot just have one fire fighter and think that you are all of sudden going to add
one to that permanent staffing. You are not. It takes three of those salaries along
with benefits, along with buying a $300,000 fire truck and a % of million-dollar
station, all of the other appurtenances. Some of the figures that the city has put
together are on residential development and a residential house paying their
annual property taxes and due to Meridian unusually low Mill Levy as compared
to surrounding cities. It would take about 30 years for a residential house to pay
for the addition services, police and fire and parks that are going to have to be
provided immediately with this development being completed. So it is not a fact
that residential construction pays its way. I just want to point that out because it
really does not. It takes a long time for the city to recoup the funds that are
involved in that initial out lay that goes with that so for whatever that is worth. You
also talked about the savings to the wastewater treatment plant with the
developer putting in this additional trunk line. The City of Meridian and
Wastewater treatment plant does not go out and install miles of trunk line. That is
paid for by the development community in general. So it is really not a savings to
the City of Meridian because we would not install that if there was not a
developer there wanting to put in his project or her project. I have a hard time
rationalizing that, that is actually a savings. I think the other comment that I would
have about the project is that the city has clearly outlined with the trunk lines that
we do want to extend which way we want to go, and this appears to be an effort
by a developer to try to shift the cities direction in plans for growth, which I am
not personally in favor of and do not understand why you would want to shift
those plans other than for the personal gain which would occur in this case for
the developer and his property. So I guess I am needing a lot more convincing of
why this would be a beneficial project to the City of Meridian, and what it would
do to enhance our community, and why we would want to annex and bring this
into our city.
Meridian City Council Meeting(
March 6,2001
Page 40
Wildwood: Mr. Mayor, Council member Anderson if could take those in a
somewhat different order. It is my understanding that the White Trunk is
budgeted for by the city at one point roughly 3 million dollars. That only a portion
of that would actually be paid by Mr. Busey who currently has property in this
location, but that this section of the White Drain Trunk line and this section of the
South Slew is currently budgeted by the city rather than a developer. Hence my
comment that what we would be doing here without any participation from the
city would actually be constructing a trunk line that currently is shown on the
sewer-planning map. Hence, there would be savings to the city for a line that
would not have to be constructed by the city that is currently shown on that
planning map. Those were the purpose of my comments with regard to sewer, so
I do think that with regard to that there is a significant savings to the city
assuming all other things are equal. With regard to your comments about fire
services and how you provide emergency services. I did not mean to suggest
and I hope that you did not take it that way sir that we would be paying our way. I
am not sure how one could ever arrive at the total cost to serve. It has been a
constant discussion amongst planners in the 7 years that I have been in this
business, and that is how do you actually arrive at cost to serve per household?
That is an extremely difficult calculation so when we did our figures we did the
best we could. We are not sure how many fire stations you need for a population,
sometimes it depends on location, the age of the houses, the age of the
population, and in fact the salary that comes in, that starting salary, always
includes benefits. Those benefits can range anywhere from 180/0 to 350/0 of that
fire fighter salary, then have the associated uniforms and the pumper and etc. So
the difficulty in looking at that is not does this pay its way but how does it
contribute and how does mitigate the impacts of the development on the
community. That is why we ran those numbers, and that is also why we were
extremely conservative in the numbers that we used. We think that the true
numbers would be significantly higher, but we do understand that what we are
talking about is how do we address concerns for emergency services and the
only way to look at those is, what are the financial or the revenues that are
generated by this project to mitigate the impacts of the project on the city and on
the community. With regard to the golf course as I said and I can certainly
concur, that the golf course is a gem for the City of Meridian just as the golf
course is in Boise, and the golf courses that are currently being developed in
Canyon County are gems and they do result in significant development. I am in
part responsible for developments around the Purple Sage golf course and what
happens is that development does not necessarily go exactly around a golf
course. When a developer comes in and looks at property, whether it is
somebody who is selling 1 0 acres or 2 acres or 100 acres or 500 acres, it is
always the case that the investment is a question. The people who own property
in this area have an interest. Some of them are farmers that need to retire. Some
of them are people that are tired of a large lifestyle; some of them are children
that inherited farms when their parents died. Not all of them are in this area which
is currently slated for development. Some of them are out in this area. It is my
understanding that when a city negotiates its area of impact with the counties
Meridian City Council Meetincl'
March 6, 2001
Page 41
that the focus of the area of impact is to tell the county that this is the area into
which we believe development should occur, and that there would be an
extension of city services, sewer and water into this area. That is one of the
things that is frequently negotiated in a Joint Powers Agreement between cities
and counties. So that if one looks at this area and it is shown in the impact area
whether it is in this area or not, one might be reasonably led to believe that that is
an area especially adjacent to the golf course and the treatment plant that would
be designated for future development. I am perfectly aware after looking at the
maps that the city has also slated this area roughly as medium-density
residential, which would be given the fact that there are virtually no subdivisions
in this area today would mean a great deal of development in that area. It is my
understanding that Mr. Busey has an entire section or the better part of it that is
going to be considered for development. Not all of the landowners are willing to
sell their property and sometimes they are not willing to sell it at a price that
makes it feasible to put in the improvements such as parks and bringing a sewer
line in. So when a developer that accept those kinds of projects, there are many
factors that come into those sorts of things. Can you get easements? What are
going to be the costs to build the roads and provide school sites? That is why I
went through this rather elaborate analysis to say that for these particular clients
they have made a real effort to identify school sites, to provide sewer, to look to
ACHD and all the facilities to find ways of making this a compatible development.
Understanding that the city is interesting in moving in these areas. It does not
necessarily mean that it would be incompatible to move out into this section of
the impact area. That would be my response to that sir, and I was trying to keep
track of the other comments that you made. Was there anything that I had not
addressed sir? That I did not defer to Scott.
Anderson: I do not believe so. I think you covered most of my issues. I would
ask one more question, as you indicated your clients and they had developed
Autumn Faire Subdivision and now they are doing this one, is that correct?
Wildwood: Mr. Mayor, yes sir.
Anderson: And how many other parcels of ground do they own I guess to the
north of this or do they have options on? It would be nice to have a crystal ball
and know what you were going to come in with next as far as projects. But I
would kind of like to know are you looking at other properties there to develop in
that area?
Wildwood: Mr. Mayor, Council member, obviously Springdale is the key to
everything. Future plans are strictly dependent on this. If we do not have
Springdale, we do not have projects. That is really the long and the short of it.
We would be looking at other properties. We have talked to people in the area,
but I would have to leave it at that. We would like to. We would like to be in
Meridian because we think it is a good city. We have appreciated addressing
your concerns.
Meridian City Council Meeting (-
March 6, 2001
Page 42
(
Anderson: One more just comment is I know you talked a lot about the 8000
square foot and someone buying a starter home and people wanting to
downsize. I think Meridian is, this is a personal opinion here, but it is kind of what
I am hearing from constitutes out there, is Meridian is full of starter homes. They
are full of lots where people can downsize, but it is not full of lots where people
can ever upsize, and if you look at that map and maybe you could point out some
of the subdivisions for me where they have larger home sites. I am not sure there
are too many subdivisions that on an average where anybody could buy a larger
size lot and when I say large I guess I am talking in the 15,000-20,000 square
foot range. There just does not seem to be anything out there in Meridian. It is
like either you are going to buy around this range here or nothing, and that is
when we talk about cookie cutter that is kind of what we are referring to. That
map has a whole bunch of cookie cutter lots on it. It really does. As well as I
believe your subdivision plat does too.
Wildwood: Mr. Mayor, Council member, I am trying to think of even in Boise,
Canyon County, what I am familiar with in Ada County. Within the cities
themselves, you generally find even in Boise relatively few subdivisions that are
at the 15,000-lot size. They tend to be fairly limited simply because of land cost,
and typically those are going to be developments such as Spurwing, Banberry,
etc. that have very tough restrictive covenants that require relatively large homes
and many people do not want these, especially when you look at those lot sizes.
Even around the golf course, Golfview, Ashford Greens, you are looking at lot
sizes between 9000 and I think there are some in there at 14,000. What I did
bring just to give a little bit of hint where three subdivisions that I was familiar
with. I do not have Golfview with him. I have Hartford, Salisbury, and then
Wilkins. Of course Wilkins is more typical of the area up along Ustick, but we
took the time to color these. These again are in excess of 9000, and they range
9000 up to 12000. That is the same thing with Golfview, and I do not know
exactly the size is in Ashford, but I think that they range in that size as well. You
also take into account that the golf course is there, and many people think that
the golf course is sort of an extension of their backyard that they do not have to
maintain but get to look at. But as far as the City of Meridian goes, I confess I am
not as familiar with it as I should be. You get down I think into these rural
subdivisions that are again in pink, but again these are areas that are on well and
septic and these lots will tend to be larger simply because of the requirements for
well and septic on this and to develop. I can give you only the following example,
I had 2 acres in Boise, two separate parcels and when Boise did the line
extension along the little street I lived on, County Squire Lane, which is Ustick
and Five Mile in Boise. We did not have to hook up to sewer but when we sold it
was a due on sale Ordinance and the people who came in after us hooked up. It
cost them $2,500 per lot or about $5,000 to hook up simply because of the size
of the lots. All I can say is there is a variety, but it really is over a larger
community. I understand what you are talking about. I might just say that one of
things that people find very attractive is that they can come out here and they can
Meridian City Council Meeting (
March 61 2001
Page 43
find houses and lots in this particular size. I constantly hear it as representing
developers, why can you not have bigger lots. And the market niche, my ex-
husband is a realtor, I deal with brokers a lot, and quite frankly right now what the
market has been for are particularly houses in this price range. The market for
very large houses is gone. The market for starter homes is still going a little bit,
but people have a difficulty qualifying. If you come in with houses in this price
range at somewhere between $130,000 and $200,000 the mortgages that were
available until recently were generally you could not get anything better than
what we would call 10 percent money. I used to be a loan officer, and that is that
you might be able to get a loan with 1 00/0 down and then to be able to qualify for
it. One of the things that Meridian has put out is a desire to locate businesses
here and to develop skilled labor and to develop people with education, and
unfortunately for those people they cannot always afford the $250,000 house.
Many of those who come into a community can afford to come in at the $140,000
maybe $150,000 price range, and then they are in the community, they are
established here and they want to move up. So when businesses look at a
community, they look very much at what is affordable housing available for the
workers that they would be bringing in. As you bring in the executives of course
they are going to be looking for larger homes, but the executives tend to be the
smaller part of the work force in those companies as they locate. I think that has
been the experience out by the Micron facility. It may very well be the experience
with the development around the Idaho Center, the new campus, and the other
businesses that Meridian is going to be bringing in. But a resolution to the issue
sir I am not sure that I could answer that.
Anderson: Mr. Mayor, if I could make one more I guess closing comment, and I
guess this is the crutch of the whole thing for me. I know Susan that you do your
homework, and you do a great job of putting on a presentation, and I know that
you are very informed about what is going on. And I think it is no big secret that
Meridian has had a lot of publicity lately, and just a matter of a few weeks ago
there was a rather in-depth in the Statesman that was a three series article. One
of the big problems and this Council openly admits it is we feel like we are
several years behind in the basic things as far as parks, police, and fire
protection as well as struggling to keep up with the infrastructure things as far as
schools and roads and water and sewer. This Council and you indicated yourself;
we have been trying to make a concerted effort in the last few years to bring
more commercial development into this community. I think we are being
successful at that. We are starting to see the fruits of our labor there, and we are
starting to get that. We feel like the commercial development is what is going to
catch us up on those other things. But the other problem is this Council is
severely handicapped by the state legislature and the 30/0 cap that they have
imposed on us, that we are only allowed to increase our budget by that 30/0. It
was also discussed and it has been recently that the city is openly going to be
going to the people and asking for an election to increase or Mill Levy --
*** End of Side Three ***
Meridian City Council Meeting (
March 6, 2001
Page 44
(
Anderson: -- and it would raise our Mill Levy from its current level to a 0.04
which would help to catch us up only in the areas of general government: police,
fire, and parks. While this may seem to you that it is a good project, to me I
almost look at it is it could be the proverbial straw that breaks the camel's back.
At some point here, we have got to catch up on those basic services and every
time we add another residential subdivision to this factor that load is just getting
heavier and heavier, and we are getting further and further behind. I hate to use
the M word but Meridian is getting about that close that they really need to think
about it. So I really struggle with this large of development in the position that the
city is at right now. You do not have to respond to that at all, but that is just for
your general knowledge. It is a comment from me on what I perceive as our
problem.
Wildwood: Mr. Mayor. May I respond to that Council member? Because I have
taken that into consideration in looking at that, and honestly in looking at staff's
comments and listening to the Mayor at the State of the City address, the articles
in the paper, and I guess honestly that is why I was puzzled that you would be
talking about such increased densities and development in this area when this is
already contiguous development and virtually nothing has occurred up here.
There is no road infrastructure; there are no schools. The sewer line has yet to
be developed and from my standpoint I actually thought about where can I see
that Meridian has grown, given the concerns of the Council if I were to look at
that map and I was a Council person and if I thought that the development was a
good idea from my own personal perspective, I would be thinking that
development where the infrastructure is already in place including the fire station
on Ten Mile and those other kinds of things that that is closer to infill and easier
to develop. So honestly I thought of that because I thought now if I get asked that
question what do I think, so thank you sir.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Now I have to respond. You know we set a priority growth area, and it
was because we cannot grow in every single area of our city. As we go towards
the fringes of our areas of impact, you should not maintain the same densities,
but you should ease out. Across the street you have a very, very low-density
development, that is the separation between Ada County and Canyon County in
that vicinity. Bringing urban densities out to your fringes is not always the best
idea. When Autumn Faire Subdivision came in, we said it is within our sewerable
area so we commit to that. In our area of impact agreement we have seven years
to bring services to those areas. It will come. It is wonderful that development
offers to help pay their way, and I do not want to take that away from the group
that you represent and what they are trying to accomplish. But again it has to be
in due time, we cannot grow every direction. That area to the north will still be
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within the heart of Meridian when you look at areas of impact. And we have not
made any commitments to what those densities are going to be. But at least you
are going to be allowed a little bit of a mixture of densities. And it is true when an
employer comes to our community; they should be able to have a diverse
amount of options of what housing opportunities are going to be to their work
force. You can say in Meridian that the option right now is not for the low-density
lots. It is for the medium density and the higher densities. Personally, I have been
looking for a lot that is above 10,000-12,000 square foot, and it is hard to find. If I
want to upgrade I cannot because I would have to move out of Meridian, and I
cannot do that. I do not want to do that. So we have to be able to afford that to
our residents as well. And those are the kind of things we look for in this since
you are going to be developing from the west to the east, our emergency
services are going to have to go a whole - they are going to have to go around
that whole square mile to get to the first ten houses that area built there when a
service call is needed. It is going to be a couple of miles to get to respond there.
Going up north you are still in the core of you community, the core of your area of
impact, and we do intend to service our area of impact and bring services out
there. But we cannot grow in every direction. We just cannot. That is why when
Cherie and stepped on over a year ago the Council did sit down with the sewer
maps and with our staff and try to designate an area of where the growth priority
should go. Those are kind of some of our rationales of doing it.
Wildwood: Mr. Mayor, Council member de Weerd alii was doing was responding
to Council member Anderson's comment, and just looking at that the
development was there and recognizing that at least on the draft maps those do
indicate those particular densities. I asked Scott about the phasing schedule for
both Autumn Faire Subdivision and for Springdale and in part Turnberry was
concerned about the interconnectivity and the traffic going through there, and
one of things that we worked with ACHD was actually reducing the traffic going
into Turnberry we redesigned a number of roads to reduce based on ACHD
requirements coming in through Turnberry to service that and that was part of the
phasing schedule that would be coming in.
De Weerd: We know those are real challenges, having other subdivisions
allowing other subdivisions coming through there. That is a major thing, but it
also is a major thing for emergency services that you start having those accesses
and connectivity between the square miles. I do applaud, you dotted every I, and
in time when that area does develop, we appreciate your homework. I kind of
stand by even what we were inferring to at Autumn Faire Subdivision is that will
come in time.
Corrie: Any other questions?
Wildwood: Thank you sir.
Corrie: Thank you. We are going to cut you a little bit shorter, but go ahead.
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Wildwood: Mr. Mayor if I could, we have a number of members that are in the
audience, could have the citizens testify? So they do not have to listen to the
technical stuff.
Corrie: We will do that. I am going to limit the time about three minutes a piece,
then if somebody in front of you has already said what you are going to say, you
can raise your hands in that is exactly what I was going to say, so we do not
repeat. Okay, everybody here is evidently for the project, is there anybody here
against the project? Okay, whoever wants to come up first.
Ownby: I am Dale Ownby. I live at 1824 South Sportsman Way here in Meridian.
I am standing in for the owners of the property, Monte and Lela Janicek. The
reason I am standing in for them is because they had to leave Saturday about
noon for Nebraska because Monte's father past away, and they preferred to get
up here and tell you their story so they both prepared letters for me. They are
very short just one page so if I could be two people here and get six minutes I am
sure that I can get both letters read. Thank you. Mayor Corrie and Meridian
Council members, I will be planting my 27th crop on my property at 2256 North
McDermott Road this spring. I have seen lots of changes over the years. When
my oldest daughter started school 19 years ago she attended Linder elementary
school. Development was taking place around the school at that time, and over
the years the development has proceeded west reaching Ten Mile Road and
then eventually Black Cat Road and finally into the section where we live and
farm. Turnberry subdivision which borders my property on the east has
completed phase number one and has started construction on several houses in
phase number two. Autumn Faire Subdivision, which borders the northeast side
of my property, has been annexed into the City of Meridian. Construction on
phase number one started in the last few months. A city park has been planned
north of my property and an LOS church has completed construction and is
clearly visible from my property. The house we live in is in the northwest corner
of the Springdale project. From our home we can look to the southwest and see
the top of the Idaho Center on Canada and Franklin Road. The Mercy Medical
Center, which sits on Garrity and 1-84, is very visible especially at night when the
lights are on. The new Auto Mall at Garrity Boulevard and 1-84 looks like a
stadium at night. BSU has a 150-acre campus north of the Idaho Center a lot of
the infrastructure work is done and the legislature, joint finance appropriation
Committee agreed to allocate 9.3 million for the construction of the first campus
building. As you see we are not out on the fringe anymore. I also disagree about
drawing urban service boundaries down the middle of a section. I would prefer, I
would like to refer to the written comments that my wife and I submitted to the
city to the City Council on July 19, 2000, and I have that and I will turn that in. In
fact I have a copy for each of you. I think the proposed Springdale subdivision
was a development and donation of the McDermott sewer line and lift station is a
sweetheart of a deal for the City of Meridian. I would like to urge the City Council
to support the Springdale development. Sincerely, Monte Janicek. This is his
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wife, Lela Janicek. Mayor Corrie and Meridian Council members, my husband
and I have lived and raised our family at the present location at 2256 North
McDermott Road for 26 years. We have seen many changes through the years
and have watched Meridian grow in leaps and bounds. Monte and I have been
aware since 1993 that we have been in the impact area for the City of Meridian.
We have nothing against growth and development. Especially since we have
witnessed through the years that residential growth has been an asset to
Meridian. We were really surprised when 36 acres in the middle of our section
was approved for the Turnberry subdivision. Monte and I did not testify against
the development because we thought it was a great asset to the City of Meridian.
What really surprised us was finding out later that the Turnberry subdivision,
which set the precedent for our section, was connected to a temporary sewer line
rather than a permanent sewer line. Also, no park or donated land was required
by the city for the Turnberry subdivision. The above stated requirements such as
parks and or donated land have been provided by the developers for Autumn
Faire Subdivision and the pending Springdale subdivision, plus the developer
plans to spend an estimated 2 to 3 million dollars off site sewer lines and lift
station which will become a great asset to the City of Meridian. This amount of
money cannot be spent with a zoning, which would create a lower density of
homes. While proceeding through Planning and Zoning, there was testimony
from our neighbors, which was favorable. Two members had some concerns;
however, those concerns were quickly met and satisfied. Monte and I feel that
the Springdale subdivision is not hopscotching across the section but is tying in
with Turnberry subdivision and Autumn Faire Subdivision bringing only more
assets to the City of Meridian. Turnberry, Autumn Faire Subdivision, and
Springdale all are coming into the City of Meridian under the same
Comprehensive Plan. However Springdale will provide Meridian with a
tremendous asset and the additional sewer lines and lift station. I strongly urge
the City Council to support this proposal. That was written by his wife, Lela. I
have copies for each member here.
Cheever: Mayor and members of the City Council, I am representing my parents
who are Louis and Bob Morgan. They live at 2550 Morgan Grove Lane. That is
basically in the middle of the mile section that you are discussing. My name is
Jan Cheever; my address is 10999 West Ramrod Drive, Boise Idaho. Obviously
if no one raised their hands not supporting this project so my parents are
supporting it. I am going to totally change my testimony because a lot of things
have already been said, but some of the current concerns that I read about that
your Planning and Zoning in a letter dated January 30, 2001 had mentioned that
were not in support of the Comprehensive Planning policy that you had for where
mentioned around not having emergency services, not having schools in place,
not having a lot of things in place. I have worked in government a very long time.
I have very seldom ever seen where money is appropriated or budgeted until the
need is shown. I would be highly surprised that it would be budgeted and put in
place until the need was shown if there is no subdivision if there is no people
there is no need in a certain area. The other thing is in that particular document
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of January 30, 2001 on page six under F, it is stated by the people reviewing the
plan that the proposed subdivision would not create anymore additional
requirements or demands to the city than other similar residential uses and given
the applicants commitment to fund sewer and lift costs. The public costs may be
less than other similar sized projects. The primary question is one of timing. Until
the new trunk line is constructed, sanitary sewer services are not available to this
development. I would suggest in having the developer putting in that system
before the homes are built. For you to say that that area is not proposed for
development you have already let the colt out of the barn. That qrea is under
development has been under development. I have lived here all of my life, and to
say the infrastructure is not there is inappropriate. It is no more there than it is
anywhere else. I would propose that you go forth with this subdivision. I would
propose that you go through with the development with that mile session as it is
already under development. Thank you.
Rice: Mr. Mayor and Members of Council I would like to say I support this project.
My name is Ronald Rice. My property borders this trunk line if it goes in for a half
of a mile because my property is on McDermott and Ustick. I live right in that
corner, and I of course would like to see the project go through. I have lived there
51 years and it is about time I quit. I also have a letter here from my neighbor
who joins my property on the east, and he says he addresses you and says this
property appears to me to be a project that would eventually make a major
contribution to the City of Meridian. I recommend that it be approved. We own 60
acres east of the Rice property and north of the Janicek property at
approximately 6000 West Ustick Road. Alden Porter.
Corrie: Thank you.
Jack Anderson: City Council people my name Jack C. Anderson. My wife and
live at 5325 West Ustick Road. I am here. I am in favor of this subdivision.
Everybody has said something in favor of it, and I agree. I would like to answer
Mr. Anderson on the statement that you said that you cannot make new
subdivisions because of various reasons. I would like to mention the fact that the
City of Meridian just put in a subdivision next door to me, Autumn Faire
Subdivision. It hits on two sides of my property. We have 40 acres. Now if you
say that you cannot or that you should not make new subdivisions, you are kind
of excluding me who is adjoining this last subdivision as being a part of the City
of Meridian. City of Meridian put us in the zone of influence and the zone of
influence does not say that you should not have subdivisions. So I disagree with
your assessment. I want to thank you.
Corrie: Thank you Mr. Anderson.
Donna Anderson: Mr. Mayor and Members of Council my name is Donna
Anderson. I am at 2000 North McDermott Road. My husband and I had sent in
letters hoping that we did not think that we would here, but I was hoping that I
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would not have to get up here. But a couple things Mr. Anderson had made a
comment about the road and maybe that will be addressed, but McDermott road
was rebuilt last year. They took their full right-of-way, they moved back the power
poles. They redid the new base so in regards to that I think it is ready. I agree
with the other comments that the people have made. We are in support of this
project. If you were concerned about the development in the subdivision of that
area, I feel it would have been appropriate at the time to stop the development at
Black Cat Road, but because of the Turnberry subdivision and the approval of
Autumn Faire Subdivision I believe what they have proposed is very well planned
and really is complimentary to what has already been there. Thank you.
Corrie: Thank you Mrs. Anderson. Anyone else?
Stanfield: I will make this as quick as I possibly can. Scott Stanfield with Earl and
Associates, 314 Badiola in Caldwell. Licensed Engineer and I am going to skip
right over to Mr. Anderson's comments regarding the sewer. I do not know if you
have any questions left on the sewer layout and locations and whatnot.
Anderson: My question has already kind of been answered by the people that
are here to testify and what I am hearing is there is a large intent here of people
who are wanting to sell their land for future development, so I kind of got a good
feel of what you are wanting to do with the sewer line.
Stanfield: I. will answer one question you asked regarding the pressure line. Once
it is pressurized you really cannot hook into it, and that is the reason why I
believe the cities master plan shows two parallel pump stations with two separate
lift stations. One for each service area in that area. You can just not tap into them
because of the high pressures. So hopefully that answers that. Regarding the
traffic study, I heard your comment about the licensed Engineer and the traffic
study that the developer paid for, and to be honest with you I take issue with that
as a licensed Engineer. I think there were probably three of us in this room that
are licensed and very reputable, and we all had a big lump in our throat when
you said that. We all take an oath, something that you suggested would quite
frankly be illegal and unethical. I do know this developer and they are very ethical
and reputable, and we did not go around and find a traffic sub-consultant, the
firm I work at we did not get involved. We made a recommendation of some top-
notch firms that ACHD basically has worked with over the years and has
developed a trusting relationship with. That is the type of firm we steered our
developer to, and they work directly with ACHD's licensed Engineers and kind of
go over the issues and that is pretty much governed by both our state code of
licensed Engineers and by very thick manual of trip generation manuals that
everybody follows that are in the field. I hope I can help out with your concerns
on that item, ACHD really takes you seriously. That is their job. The roadways
are what they control, and they are not going to sit down and be railroaded by
anybody. So we did go through a rather rigid process in working that out
particularly the layout that is presented before you to really break apart Turnberry
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and pull as much of the traffic to McDermott as we could. In fact, ACHD actually
limited the number of vehicle trips going to Turnberry and offered some
suggestions on how to lay this out and that is pretty much why you have what
you have before you. As Mrs. Anderson pointed out, McDermott was rebuilt a
pretty good base in there, and I will add that ACHD requires their impact fees
from developers at the time of final platting and ideally those fees would be used
for that area that development impacts.
De Weerd: Ideally.
Stanfield: But the funds are there and the developers required to pay it. ACHD
did not require any improvements other than widening the roadway adjacent to
the project. I did say they would take over I believe that whole mile of McDermott
road, so there would not be a jurisdictional hopscotch along there. I believe you
have letters in you packet to address that. So they did not bring up traffic light
warrants at the intersections to the north and the south. Mercy Medical Center I
think we all kind of over looked that. It is less than 5 minutes away, and is
available to the residents, obviously they are not going to answer any emergency
calls, I doubt it because there are jurisdictions involved, but none the less it is
available to the residents of this area and to that area of Meridian. I think that is
it.
Corrie: Okay, any questions?
Bird: I have none.
Corrie: Thank you Scott. Gary, I have a question maybe you can help me, I am
a little confused. The pump station will be at the top of that where the purple is,
right? Right here Gary, is that where the lift station will be?
Smith: Yes.
Corrie: Okay, and everything this way is gravity flow to this? Now is their sewer
line that would go to that, right?
Smith: Yes.
Corrie: So everything in here is going that direction and then that can be - how
will this areas that come in, how will they get to the sewer plant? Do they have to
do a lift station over to the sewer plant, or will they be able to gravity flow right
there?
Smith: Mayor, there is two different drainage areas that we are talking about.
There is a Black Cat Trunk that will have a lift station at Black Cat and Five Mile
drain that will sewer property to the, generally the east side of Black Cat, and
then this McDermott trunk will flow to the lift station that these folks are proposing
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to build again on the Five Mile drain that would pump back to the plant. Two
different drainage areas, two different lift stations, two different pressure lines.
Bird: Mr. Mayor.
Corrie: Yes.
Bird: Gary, how are we going to - I some of that up to the north of what they are
showing is the pressure line back to the deal there going east west. Will some of
that naturally flow down to that area or will that all flow to the east into Black Cat?
Smith: Do you mean between McDermott and Black Cat?
Bird: Yes, and north of what they are showing.
Smith: And north of-
Bird: Where they are showing their pressure line coming off from the lift station.
Smith: I do not remember the drainage areas exactly, Councilman Bird, but I
believe most of that property sewers back to the south into that same lift station.
Bird: Okay, so that will have to come down and the lift station, so they are putting
in a large enough lift station?
Smith: I cannot answer that.
Bird: Or are we going to have two lift stations there?
Smith: No, I do not know the answer to that. There would just be on lift station,
but I do not know how it is to be constructed.
Bird: Okay. Maybe Scott can answer that.
Stanfield: Scott Stanfield. I have been working quite closely with Brad Watson on
this issue, and there will be at that location of the drain and McDermott road one
regional lift station. Our force main will be sized not only for our project, but as
much as you can design it for future projects that mayor may not dump into the
lift station, further more the mechanical piping, the size of the wet well, all of that
stuff will have to be worked out with the engineering department recognizing that
the city only wants one regional lift station instead of one, two, three, or four.
Bird: Scott, then to expand on the Mayor's question, between Ustick and where
that pressure line comes across, now does that naturally flow back to McDermott
to pick up because you just told us, and I realize in a pressure line we are not
going to be able to hook to it, so it is going to either have to flow back in before it
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gets to the lift station to the west or it is going to have to naturally flow over to the
Black Cat Trunk coming up. No I am talking below that to the south of it.
Stanfield: There is a break line in there that splits Black Cat and the McDermott
trunk line. Most of it I would say roughly 2/3 of it drains to the west and to the
north.
Bird: Okay, 2/3 of it on that mile is going to go back in and hit the sewer line
before it gets to up to the pump station/lift station.
Stanfield: Correct. And I believe that is the same -
Bird: And there is about a ~ of mile or a 1/3 of it that flows back into the Black
Cat then comes up to that lift station.
Stanfield: Correct. And I believe even north of the drain the service area extends
to the north slightly and pulls it down to the south to where the lift station will be.
Bird: And I understand that you guys are fronting the money and everything, but
let us not fool ourselves. You are going to get latecomer's fee to get it paid back.
Stanfield: Correct.
Bird: So it is not. The city does not have to put money up front because as
Councilman Anderson said like the White Trunk, yes we are putting some money
up front, but we are going to get it back with our trunk fees and stuff like that the
same as you guys will through your late comers fee. So let us not through it out
that you are giving us 2-3 million dollars worth of sewer.
Stanfield: That is true. Over time as other developers plug into this McDermott
trunk line the city will force them through their development agreements to pay a
set fee that will go towards the McDermott trunk line fee. The city will collect that,
and I believe they even at 1 00/0 interest on to it. Then portions of that will get
returned back to the developer over a 1 a-year maximum limit, and they are not
going to get reimbursed 1000/0. They have to determine their costs associated
with their development and anything above that the latecomers Agreements
would reimburse them for it. But they have to pay for theirs 1000/0, but you are
correct.
Bird: I just wanted to clear that up that you guys were not just handing us 2 or 3
million dollars worth of sewer line without getting reimbursed.
Stanfield: Correct, but not reimbursed by the city.
Bird: No, not by the city by the future developers and the same thing as we will
pay for White Trunk and the way we will pay for the North Slew and the Black Cat
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Page 53
Trunk and everything else. We do not mind having your money up front. I will be
truthful with you. I do not.
Corrie: Thank you Scott.
Bird: Thank you Scott.
Corrie: Council, any other questions?
Anderson: I have none.
Corrie: Okay.
Nichols: Mayor, I do if I may. When was this revised plat delivered?
Stanfield: The 20th of February, and I have the transmittals here if you are
interested.
Corrie: Any other questions Mr. Nichols? Any other discussion for the record on
the Public Hearing? Hearing none, I will then entertain a motion, everyone is
through as far as testimony now for both issues the annexation and the
Preliminary Plat that is all being tied in together? Does staff have anything else?
Smith: I do not Mr. Mayor.
Corrie: Then hearing that, I will entertain a motion then to close the Public
Hearing if you so desire.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Before I make the motion, Council are we all done?
Anderson: Yes.
McCandless: Yes.
De Weerd: Yes.
Bird: Mr. Mayor I would make a motion that we close the Public Hearings the first
one for Springdale subdivision the request for annexation and zoning of 118.4
acres to R-4, and also the second Public Hearing for the request for Preliminary
Plat approval of 385 building lots, 9 other lots on 118.4 acres in a proposed R-4
zone for the proposed Springdale subdivision by Gemstar properties.
, -
Meridian City Council Meeting {
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Corrie: I have a motion.
Anderson: Second.
Corrie: There is a second to close the Public Hearing on item 14 and 15 being
the annexation and zoning of the proposed Springdale subdivision and also the
proposed Preliminary Plat of the Springdale subdivision. Any other discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Council discussion on items 14 and 15?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I will throw out my comments first and let the others fill in. I did have
some concerns about this project and largest one I will save for the last. I think
the density of this project as Councilwoman de Weerd pointed out. I think the city
would like to see as we get further from the city center maybe a little larger lot
size and easing up on the density. I also have some concerns about the roadway
system out there, and again it is not the developer's fault but it is something that
is kind of we are just left with the problem even though the impact fees get paid
to Ada County Highway District. Those impact fees do not immediately get used
to improve in the area where the project occurs. They can be used anywhere that
Ada County Highway District determines within certain areas. I have some
concerns about that. I understand that most of the audience tonight are people
who have an interest, who at some point are probably going to sell their property,
and I found it very interesting that the strategic location of this piece of property
for development and then the extension of the trunk line and what I see in the
audience. I believe this would be the tip of the iceberg. Once this project was
approved it would be followed by a glut of other projects from people selling their
acreages and there would be not 330 some homes but there would thousands of
homes in this couple mile area there. That is what brings me to the real glut of
my concern and that is what I talked about earlier is the basic services that the
city we feel like we are behind, and we are trying to catch up on those things.
That is the police and the fire and the parks and those types of things. It is also
should be stated that the Autumn Faire Subdivision and the Turnberry
subdivisions that those actually sewer from a different direction, and while that
may be on a temporary service line even when that does get serviced it is going
to be service from a Black Cat Trunk line and not a McDermott trunk line so what
we are doing here with this piece of property is we are actually opening up a
whole new area that would be serviced by this McDermott trunk line that the city
just cannot handle that growth right now. While I feel for those people and they
know they want the ability to sell their property, I think that ability is still there. It is
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Page 55
a matter rather of the developer wants to develop in a little less density as a city
would like to see, and I know that most of those folks that own that property are
probably going to take that money and they are going to move somewhere
further out to be kind of jn the same area where they are at now. It does not
leave a whole lot there other than a real cluster of tight homes that we are going
to have a lot of difficulty servicing. Because this is an extension off to the west it
spreads our services out even more, and even though there is a fire station
planned at Ten Mile Road for example when a fire response occurs when a
structure fire that is only the first in engine company. That other engine company
has to come from Franklin Road down there. It is more than just one Engine
Company that it takes to fight that fire, so we are extending that and spreading it
even further. That is why the council is looking at concentrating our efforts more
with the development that does occur more central to the city and more to the
north because that will be easier to serve with all of those other services and will
not continue to stretch the city out further and further with those extensions. The
basis and my whole thing here is that we are way behind on basic services and
that this is going to literally dump not hundreds but probably thousands of homes
into a problem that we already have, and I like I said I think it is going to be the
straw that breaks the preverbal back of the camel here. It is just not something at
this point that we are able to handle, so I would not be in favor of bringing this
project into the city.
Corrie: Next. Anybody else?
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: We are talking about improvements to McDermott Road. One of
those improvements would be turn lanes into the subdivision, and Ada County
Highway District just cannot do things in that time frame that you would need it or
they do not. So I would think that it would take quite awhile to get some of that
infrastructure to where it was suppose to be even after they built the subdivision,
plus you are talking about looking for school sites. I am sure you are cooperating
with the school officials in trying to find sites for new schools, but on the other
hand, those are not going to built over night either. You are going to have to use
the existing schools until those sites are found and the schools are built. It is
going to put a tremendous pressure on what we have already. So being
consistent with my feeling that the basic infrastructure has to be in place before
you even start building would be my objection.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meeting(
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Page 56
Bird: I give a little different slant on it probably. While I do not like the high density
that I would like to see lower density too, but I believe that the economy and the
location dictates that let us face the facts until we get out to south of Victory and
get up some hills, we do not have the Banberries, the Highlands, the Spurwings
we are never going to see that in the City of Meridian. We just do not have the
locations in the City of Meridian. We are going to see the 8000 to 12000 square
feet lot. The one concern I have of this is I would be really fighting for it for the
developer if Autumn Faire Subdivision was done. Turnberry is done. I do not like
the traffic within the subdivision itself. I think it is very tight. There is too many
culdesacs for fire and safety. I think it is a hazard. I think at this time I am like
Ron, and if this is approved it probably would not fill out for 3 to 4 years, but I
know that that whole area is going to blow open. I think that we need some
commercial. I think that is where Meridian might be lacking is in some of these
sections we need to have our little doctor office, convenience stores, little offices
and stuff like that so that our citizens in those areas are not traveling through
everybody else's subdivision getting to and from. It is nice, it is a nice
subdivision, I would like to see the developer put in the sewer for us, but at this
point I would love to see Autumn Faire Subdivision at least half developed before
that comes through. I am afraid we are going to get some out there and get half
way there and sit.
Corrie: Any others? Okay, then I will entertain a motion to either except. Let us
do the annexation and zoning first. So I will entertain a motion to either accept or
deny the annexation and zoning, Item 14, 1118.4 acres from RT to R-4 for
proposed Springdale subdivision.
*** End of Side Four ***
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we deny the request for annexation and
zoning for 118.4 acres to R-4 for proposed Springdale subdivision by Gemstar
Properties LLC east of McDermott between Cherry Lane and Ustick Road and
instruct the City Attorney to prepare Findings of Facts and Conclusions of Law
and Decision of Order.
McCandless: Second.
Corrie: Motion has been made and seconded to deny the request for
annexation and zoning of Item 14 for the proposed Springdale subdivision. Any
discussion?
Meridian City Council Meeting(
March 6, 2001
Page 57
(
Bird: Yes, within this motion for denial I would like to hear the gentleman that
made the motion give some reasons why and what they would have to do to
come back and get it approved.
Anderson: I believe I stated those in the open discussion before the motion was
made.
Bird: Okay.
Corrie: Okay, any other comments, discussion? Hearing none, I request a roll
call vote Mr. Clerk.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Corrie: All ayes the motion to annexation and zoning on Item 14 has been
denied and the Attorney to draw up the Findings of Facts and Conclusions of
Law. We do have one other one we have to do. If we had to deny the annexation,
Mr. Nichols do we also vote on the Preliminary Plat?
Nichols: Yes, Mr. Mayor you need to cover it.
Corrie: Now we will hear the motion for the approval of the Preliminary Plat.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we deny the Preliminary Plat approval for
385 lots and 9 other lots on 118.4 acres for proposed R-4 zone for proposed
Springdale subdivision by Gemstar Properties LLC east of McDermott between
Cherry Lane and Ustick Road and instruct the city Attorney to prepare Findings
of Facts and Conclusions of Law and Decision of Order.
McCandless: Second.
Corrie: Motion made and seconded to deny the Preliminary Plat approval of the
proposed Springdale subdivision on Item 15 and have the Attorney to prepare
Findings of Facts and Conclusions of Law. Any further discussion? Hearing
none, a roll call vote Mr. Berg.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting!
March 6,2001
Page 58
('
Corrie: All ayes. The motion is carried of denial.
Item 16.
Public Hearing: VAR 00-019 Request for a variance to exceed
maximum building height of 35 feet and reduce the 3D-foot setback
requirement to 20 feet along the 63 feet of the one-story section of
the building for proposed Ameritel Inn by B & A Development -
Eagle Road north of 1-84:
Corrie: I believe that will conclude the City Council, we have the Public Hearing
we need to take a motion to continue Item 16 until the 20th of March.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: You need to open it first Mayor.
Corrie: You are absolutely right. At this time I will open the Public Hearing on
the request for variance to exceed the maximum building height of 35ft and
reduce the 30ft setback requirement for the Ameritel Inn to continue the Public
Hearing until the 20th of March. I will entertain a motion to that effect.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue that Public Hearing for the request of variance to
exceed maximum building height of 35ft and reduce the 30ft setback requirement
to 20ft along the 63ft of one-story section of the building for proposed Ameritel
Inn by-
De Weerd: Second.
Corrie: Okay, we have heard the motion to continue the Public Hearing for item
16 until the 20th of March. Any further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: If there are no further items I move that we adjourn.
Bird: Second.
t
Meridian City Council Meeting\
March 6, 2001
Page 59
Corrie: Motion made and seconded to adjourn. All those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 10:07 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ATTEST:
March 1, 2001
AZ 00-025 / PP 00-027
MERIDIAN CITY COUNCIL MEETING
APPLICANT Leavitt and Associates
March 6, 2001
ITEM NO.
8
REQUEST Discussion requested by applicant regarding the February 20, 2001
City Council vote for denial
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:~
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
~
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/,yvO
See attached from applicant
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
(
March 2, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING
March 6,2001
APPLICANT Mayor Corrie ITEM NO. 4-C-1
REQUEST Mayor's Department Report - Appointment of Planning & Zoning Commiss
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
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Mayor's Memo
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
( RECEIVED
MAR - 2 2001
CITY OF MERIDIAN
3/7~/
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NOV 20 '0B 14:44 FR CITY OF MERIDIAN
208 884 4259 TO 3455323
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t109 S. Z&as Ma~ Home PItonc: 108-884-8OJ3
MeridIaD. IdAho 8364Z Work POOne: .zo8..311-488~
Fax: 108-311~
Il-atall: du-eevt1l@Y2hoo.co..
p.a2/04
Keven T. Shreeve
g
Education
B.S. - Civll Engineering. Brigham Y O\IDg University, 1994
MS. - Civil EneineMng, Brigham Young University, 1994
Pa afaulonal
1I00000000llIpa
Professional Engineer: Idaho, Arizona. and New Mexico
American Society of Civil "Rngfneers (ASCE)
Volunteer
Varaity Scout Coach: Over four years in Idaho and Arizona
working with the youth in the various scout activities and
advancements. Teaching young men how to seIVe others and be
honorable U.S. citizens.
Little League Basketball Coach: Worked with youth in developing
their skills and talents. Also, and most importantly, whether win or
lose, taught the boys good sportstnanship and to always strive for
improvement.
Community
city Planning Action Committee. Sl Jolms!' AZ: Worked with the
City to help create their City Master PIan and develope image
building goals and activities..
D~clopment: As city engineer, I have worked for communities to
review and approve proposed developments. I have also worked
for individual developers to develop residential/commercial sitc(s)
within a community. Having personal experience working with
city councils on b.{Jlh sides ofa development/growth issue, my
inSight is unique.
Scouting: Vorious projects around the communities and state~
including Eagle Scout projects.
Pen;onal Goal
Basketball: My personal ambition is to be a coach at tho high
school leveL I enjoy working with the youth and teaching new
. skills and especially correlating \Vimt sports can also teach about
"the game of life""
Refd'ences
Upon Request
cctp
$. SrI
~. 11--11
Awards and Eagl<: Scout
Accomplis;hments BYU scholarship - Gmduate college studies
(
March 1, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING March 6, 2001
APPLICANT Public Works Department - Gary Smith ITEM NO. 4-A-2
REQUEST Sewer and Water Easements for Bear Creek Subdivision No.1
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
(j;r(tl~
.~~~
r cfVlO
~
O~~
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
.j'-"T ; , ".w J__~
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To: Mayor Corrie
From:Gary D. Smith, PE
CC: file
Date: 03/01/01
Re: Bear Creek No.1 Subd. - Temporary SewerlWater Easements.
Dear Mayor: Here are several Temporary SewerNVater Easements written to the
City by the developer and landowner of this subdivision. These easements are
temporary in that when the stub streets are extended, in future phases of this
development, the easements will go away.
The easements allow us to go beyond the platted boundaries of the subdivision for
maintenance of the sewerlwater lines stubbed past the No.1 Subd. boundary. This
construction is done so that the lines can be extended without disrupting the roadway
surface constructed for Phase No.1.
Two of the easements are from the developer, Bear Creek LLC, and the other six are
from the original landowner, Queenland Acres, Inc. A small map is attached at the
end of each easement document to show you where the easements are physically
located.
I would appreciate it if you could place this item on the Council agenda for
March 6, 2001 for Council review and approval.
Regards,
Gary
From the desk of.....
Gary D. Smi~ PE
Meridian City Engineer
Meridian Public Works I:>epartment
2(X) E Carlton St., Suite 100
Meridia.n; Idaho 83642-2600
. Page 1
(208) 887-2211
Fax: (208) 887-1297
SANITARY SEWER LINE AND WATER MAIN EASEMENT
THIS INDENTURE, made this _ day of ,20_, between Bear Creek~
LLC , the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantor desires to provide sanitary sewer line and water main rights-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer line and water main are to be provided through underground
pipelines to be constructed by otl1ers; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to tinle by the
Grantee;
NOW, THEREFORE, in consideration of tile benefits to be received by the Grantor, and otller good
and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee
the rights-of-way for an easement for the operation and maintenance of sanitary sewer line
and water main over and across the following described property:
See Exhibits "A and B", attached.
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer lines and water main and their allied facilities, together with their maintenance, repair
and replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD., the said easement and rights-of-way unto the said Grantee~ its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto~ that the
Grantee, in making future repairs, will expediently replace and restore the pren1ises to a
condition comparable to that existent prior to undertaking such repairs and replacelnent.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees, or brush placed within the area described in this easement.
THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any
permanent structures, large trees, or brush within the area described for this easen1ent'l which
would interfere with the use of said easement, for the purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that 11e is lawfully seized and possessed
990211 \Johnson Temporary Sanitary Sewer and Water Easements.doc
(
of the aforen1entioned and described tract of land, and that he has a good and lawful right to
convey said easement, and that he will warrant and forever defend the title al1d quiet
possession thereof against the lawful claims of all persons whomsoever.
That said easement shall be discontinued and ordinary use shall revert back to tl1e underlying
owner, in the event that tl1e described property is properly constructed and c0111pleted in
accordance with Ada County Highway District Standard Specifications and accepted as a
public street through recordation of a final plat.
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the
day and year first hereinabove written.
ACKNOWLEGMENT:
STATE OF IDAHO )
) S5.
County of Ada )
On this ~~ay of ::-fo...V\ \A.CL'\j , 20QL, before me, the undersigned, a Notary Public
in and for said State, personally appeared Greg Johnson'l Member'l Bear Creek~ LLC ,
known or identified to n1e to be the person who executed the within instrun1ent, and
acknowledged to me that said limited liability company executed the same.
IN WITNESS WHEREOF'I I have hereunto set my hand aJ.1d affixed my official seal the day
d .~oeaij~~f~t fi b .
an year ~ .l~esr-b:~; Irst a ove wrItten.
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\."* 'b pel it ~ Residing at: '30 j s.e...
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~,....~ G%~-ooeP'~~iif My Commission Expires: 0
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990211 \Johnson Temporary Sanitary Sewer and Water Easements.doc
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CITY OF MERIDIAN ACCEPTANCE:
Robert D. Corrie, Mayor
Attest By William G. Berg, City Clerk
Date Approved by City Council
990211 \Johnson Temporary Sanitary Sewer and Water Easements.doc
[' i
1
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER AND SANITARY SEWER (EASEMENT #2)
BEAR CREEK, L.L.C.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE NE X OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOllOWS:
COMMENCING AT THE SW CORNER OF THE NE X (CENTER X CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00051 '53" E
819.43 FEET ALONG THE WEST liNE OF SAID NE X TO A POINT; THENCE S 90000'00" E
350.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 00051153" E 50.00 FEET TO A POINT;
THENCE S 89008'0711 E 21.00 FEET TO A POINT;
THENCE S 00051 '53" W 50.00 FEET TO A POINT;
THENCE N 89008'0711 W 21.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.l.S. NO. 499
990211 \Be. UT. WSS.ease2.des
Page I
( ,
i
I
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER AND SANITARY SEWER (EASEMENT #1)
BEAR CREEK, L.L.C.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE NE % OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NE % (CENTER ~ CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00051'53" E
1075.43 FEET ALONG THE WEST LINE OF SAID NE % TO A POINT; THENCE S- 90000'00" E
1196.72 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 90000'00" E 50.00 FEET TO A POINT;
THENCE S 00000'00" E 17.00 FEET TO A POINT;
THENCE S 90000'00" W 50.00 FEET TO A POINT;
THENCE N 00000'00" W 17.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.L.S. NO. 499
990211 \BC.UT. WSS.ease l.des
Page 2
EXHIBIT "B" (
CENTER 1 /4 CORNER SECTION 24
POINT OF COMENCING
BRIGGS ENGINEERING. INC.
[ BRIGGS J
(208)344-9700
1800 W. OVERLAND ROAD
BOISEI IDAHO 83705
DESIGN
4. -. _. _. -. -. _. -. -. .9'{f;~~.9. -~Q.. +-. -. _. _. _._t
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TEMPORARY WATER AND SANITARY SEWER
EASEMENT No. 1 (850 SF)
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DWG.NO.
990211
990211 UTIL.DWG
TEMPORARY WATER AND SANITARY SEWER EASEMENTS
BEARCREEK. L. L. c.
BEAR CREEK SUBDIVISION
LOCA TED IN THE E 1/2 OF SECTION 24, T.3N., R.l W., 8.M.
MERIDIAN, ADA COUNTY, IDAHO
DRAFT SCALE DATE
DPM 111 = 5001 01/29/01
SANITARY SEWER LINE AND WATER MAIN EASEMENT
THIS INDENTURE, made this _ day of ,20_, between Oueenland
Acres~ Inc. , the party of the first part, and hereinafter called the Grantor, and the City of Meridian,
Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantor desires to provide sanitary sewer line and water main rights-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer line and water main are to be provided through underground
pipelines to be const~cted by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to tilne by the
Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good
and valuable consideration, tile Grantor does hereby give, grant and cOllvey unto tIle Grantee
the rights-of-way for an easement for the operation and 111aintenance of sanitary sewer line
and water main over and across the following described property:
See Exhibits "A and B", attached.
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer lines and water main and their allied facilities, together with their maintenance., repair
and replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and rights-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that the
Grantee, in making future repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees, or brush placed within the area described in this easement.
THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any
permanent structures, large trees, or brush within the area described for this easement, whicl1
would interfere with the use of said easelnent, for the purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed
990211 \ Queenland Temporary Sanitary Sewer and Water Easements. doc
/
of the aforementioned and described tract of land, and that l1e has a good and lawful right to
convey said easement, and that 11e will warrant and forever defend the title and quiet
possession thereof against tile lawful claims of all persons whomsoever.
That said easement shall be discontinued and ordinary use shall revert back to the llnderlying
owner, in the event that the described property is properly constructed and conlpleted in
accordance with Ada County Highway District Standard Specifications and accepted as a
public street through recordation of a final plat.
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the
day and year first hereinabove written.
~i~~
Carol Lotspeich, Secre ry/Treasurer
Queenland Acres, Inc.
1033 E. Cayman Drive
Meridian, Idaho 83642
ACKNOWLEGMENT:
STATE OF IDAHO )
) S8.
County of Ada )
On this.3 J day of ~O-.f"\lA.o.rJ ' 20s:2L, before me, the undersigned, a Notary Public
in and for said State, personally appeared Carol Lotspeich.. Secretary/Treasurer" Oueenland
Acres'! Inc. , known or identified to me to be the person who executed the within instrument
and acknowledged to me tl1at said limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
~d year ill this certificate first above written.
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990211 \ Queenland Tempor~I1~~ and Water Easements.doc
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~ of ~Q>Ur
Nota y Public for the State of I aha
Residing at: ~ ~
My Commission xpires: R }.;)4 /0';'"
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CITY OF MERIDIAN ACCEPTANCE:
Robert D. Corrie, Mayor
Attest By William G. Berg, City Clerk
Date Approved by City Council
990211 \ Queenland Temporary Sanitary Sewer and Water Easements.doc
, \
(
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER AND SANITARY SEWER (EASEMENT #1)
QUEENLAND ACRES, INC.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE NE X OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NE X (CENTER X CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00051 '53" E
1593.41 FEET ALONG THE WEST LINE OF SAID NE % TO A POINT; THENCE S 90000'00" E
181.09 FEET TOTHE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 05000'00" W 21.00 FEET TO A POINT;
THENCE N 85000100" E 50.00 FEET TO A POINT;
THENCE S 05000'00" E 21.00 FEET TO A POINT;
THENCE S 85000'0011 W 50.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.L.S. NO. 4998
"\
9902] ] \QL.UT. WSS.ease l.des
Page ]
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER (EASEMENT #2)
QUEENLAND ACRES, INC.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE NE % OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NE % (CENTER X CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00051 '53" E
1598.07 FEET ALONG THE WEST LINE OF SAID NE % TO A POINT; THENCE S 90000'QOJl E
761.22 FEET TOTHE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 00000'00" E 17.00 FEET TO A POINT;
THENCE S 90000'00" E 50.00 FEET TO A POINT;
THENCE S 00000'00" W 17.00 FEET TO A POINT;
THENCE N 90000'0011 W 50.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.L.S. NO. 4998
990211 \QL.UT.Water.ease 2.des
Page 2
(
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER (EASEMENT #3)
QUEENLAND ACRES, INC.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT lOCATED IN THE SE X OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NW CORNER OF THE SE % (CENTER X CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE S 00051 '45" W
47.90 FEET ALONG THE WEST LINE OF SAID SE % TO A POINT; THENCE S 90000'00" E
1128.74 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 05053'55" E 25.00 FEET TO A POINT;
THENCE S 84006'05" E 50.35 FEET TO A POINT;
THENCE S 05053'25" W 25.00 FEET TO A POINT;
THENCE N 84006'05" W 50.35 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.l.S. NO. 4998
990211 \QL.UT. Water.ease3.des
Page 3
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Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER AND SANITARY SEWER (EASEMENT #4)
QUEENLAND ACRES, INC.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE SE % OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NW CORNER OF THE SE X (CENTER X CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE S 00051 '45Jl W
652.50 FEET ALONG THE WEST LINE OF SAID SE 1'4 TO A POINT; THENCE S 90000'00" E
704.86 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 81018114" E 24.00 FEET TO A POINT;
THENCE S 08041'46" E 50.00 FEET TO A POINT;
THENCE S 81018'14" W 24.00 FEET TO A POINT;
THENCE N 08041'46" W 50.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.L.S. NO. 4998
990211 \QL. UT. WSS.ease4.des
Page 4
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER (EASEMENT #5)
QUEENLAND ACRES, INC.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT lOCATED IN THE SE Y4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NW CORNER OF THE SE Y4 (CENTER X CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE S 00051'45" W
1417.57 FEET ALONG THE WEST LINE OF SAID SE % TO A POINT; THENCE S 90000'00" E
715.91 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 89027130" E 17.00 FEET TO A POINT;
THENCE S 00054131" E 50.00 FEET TO A POINT;
THENCE S 89027'30" W 17.00 FEET TO A POINT;
THENCE N 00054131" W 50.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
990211 \QL.UT. Water.ease5.des
Page 5
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER AND SANITARY SEWER (EASEMENT #6)
QUEENLAND ACRES, INC.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE SE Xt OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NW CORNER OF THE SE X (CENTER X CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE S 00051 '45" W
1615.43 FEET ALONG THE WEST LINE OF SAID SE X TO A POINT; THENCE S 90000'00" E
523.10 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 85050'29" E 50.00 FEET TO A POINT;
THENCE S 04009'31" E 21.00 FEET TO A POINT;
THENCE S 85~50'29" W 50.00 FEET TO A POINT;
THENCE N 04009'31" W 21.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.L.S. NO. 4998
990211 \QL. UT. WSS.ease6.des
Page 6
TEMPORARY WATER AND SANITARY SEWER EASEMENTS
QUEENLAND ACRES. INC.- GRANTOR
BEAR CREEK SUBDIVISION
LOCATED IN THE E 1/2 OF SECTION 24, T.3N., R.1 W.j 8.M.
MERIDIAN, ADA COUNTY, IDAHO
DESIGN DRAFT SCALE DATE DWG.NO.
1" = 500' 01/29/01 990211
EXHIBIT "B" /
CENTER 1 /4 CORNER SECTION 24
POINT OF COMENCING
BRIGGS ENGINEERING,
NGINEE RWG
[ BRIGGS]
(208)344-9700
1800 W. OVERLAND ROAD
801SE. IDAHO 83705
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TEMPORARY WATER AND SANITARY SEWER
":,7 EASEMENT No. 1 (1050SF)
/ TEMPORARY WATER
EASEMENT No. 2 (850 SF)
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EASEMENT No. 5 (850 SF)
TEMPORARY WATER AND SANITARY SEWER
EASEMENT No. 6 (1050 SF)
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REVISION
SHEET
1 OF 1
990211 UTIL.DWG
March 1, 2001
MERIDIAN CITY COUNCIL MEETING March 6, 2001
APPLICANT Public Works Department - Gary Smith
REQUEST Inspectors' Fees and Contracts
Department Report
ITEM NO.
4-A-l
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
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Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
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City of Meridian
Public Works Dept.
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RECEIVED
MAR - 2 2001
CITY OF MERIDIAN
To: Mayor & Council
From:Gary D. Smith, PE
CC: file/Attorney/City Clerk
Date: 03/01/01
Re: Contract Building Inspectors
Mayor & Council: Here is a copy of the proposed contract for each of our building
inspectors who are: Daunt Whitman, Building Inspector; Rod Medley, Mechanical
Inspector; Lynd Hoover, Plumbing Inspector; and Harold Hudson, Electrical
Inspector. The content of each proposed contract is unchanged from last year,
excepting the effective dates. Each of these proposed contracts has been signed by
the respective inspector.
I have, as requested, previously provided information to you concerning comparison
of costs between contract inspectors and city employee inspectors. As I noted to you
at the time of that presentation, I did not include costs for a back-up inspector for
mechanical, electrical and plumbing during times of vacation, illness, etc. This cost
will need to be added for purposes of comparison. Prior to the March 6 Council
meeting I will try to obtain inspector cost data from Nampa and Caldwell.
From the desk of.. .
Gaty D. Smith, FE
Meridian City Engineer
Meridian Public Works Department
2OC) E. Carlton St., Suite 100
MericIian Idaho 83642-2600
. Page 1
(208) 887-2211
Fax: (208) 887-1297
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CONTRACT FOR SERVICES
THIS AGREEMENT made the 1st day of October, 2000, by and between the City of
Meridian, an Idaho municipal corporation, and WHITMAN & ASSOCIATES, INC., a licensed
Building Inspector, located in Boise, Idaho.
The City of Meridian, a municipal corporation duly organized and existing under the general
municipal laws of the State of Idaho, desires to retain the services of a Building Inspector to serve the
City of Meridian.
The City of Meridian has adopted the Uniform Building Code, published by the International
Confere.llce of Building Officials, for regulating the erection, construction, conversion, occupancy,
equipping, use, height, area and maintenance of all buildings or structures in the City. The code
provides for issuance of permits and collection of fees therefor; and each and all of the regulations,
provisions, conditions and terms of such Uniform B'uilding Code and the Uniform Building Code
Standards have been made a part of.Title 7 of the Revised and Compiled Ordinances of the City of
Meridian. The Building Inspector shall enforce all code regulations as specified in the aforementioned
codes and any City Ordinance as they pertain to building matters and shall include all inspections for
occupancy.
For and in consideration of the mutual promises contained herein, the parties agree as follows:
I. That Whitman & Associates, Inc. 284 Oakhurst Way, Boise, Idaho shall be the
Building Official for the City of Meridian, Idaho;
2. The fee payable by the City of Meridian, Idaho, to Whitman & Associates Inc. shall be
according to the value placed on the building permit and based upon the following pay
schedule:
A. 50% of ~he permit fees for the first $ 30,000 in permit fees collected annually.
B. 40% of the permit fees between $ 30,000 to $ 50,000 in permit fees collected
annually.
C. 30% of the permit fees between $ 50,000.(0 $ 7 5,000 in permit fees collected
annually.
D. 25% of the permit fees over $75,000 in permit fees collected annually.
3. The permit fee for any structure of a value of $ 500,000 or more shall be negotiable
AGREEMENT - 1
['
between the City of Meridian and the Building Inspector.
4. 85% of reinspection fees collected.
The Building Inspector is an independent contractor and not an employee of the City of
Meridian and shall be responsible for all insurances, workerJ s compensation, taxes, and shall furnish
certificates for each employee to the City of Meridian.
The term of this contract shall be one year commencing on October I, 2000, until October I,
2001, and shall continue from year to year until terminated a provided hereinafter.
This agreement may be terminated by either party upon the giving of at least thirty (30) days
notice of termination to the other party. Termination may be made without cause.
APPROVED:
APPROVED by City Council
ROBERT D. CORRIE
MAYOR - CITY OF MERIDIAN
v~\0,-
DAUNT WHITMAN
PRESIDENT - WHITMAN & ASSOC. INC.
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ATTEST:
WILLIAM G. BERG, JR.
CITY CLERK - CITY OF MERIDIAN
ey/Z:\Work\M\Mcridian I 5 360M\BIdgScrvWhitman,Agr
AGREEMENT - 2
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CONTRACT FOR SERVICES
THIS AGREEMENT made the 1st day of October, 2000, by and between the City of
Meridian, an Idaho municipal corporation, and L YND, INC., a licensed Plumbing Inspector, located in
Meridian, Idaho.
The City of Meridian, a municipal corporation duly organized and existing under the general
municipal laws of the State of Idaho, desires to retain the services of a Plumbing Inspector to serve the
Ci ty of Meridian.
The City of Meridian has adopted the Uniform Plumbing Code, published by the International
Association of Plumbing and Mechanical Officials, for regulating the plumbing of all building or
structures in the City of Meridian. The code provides for issuance of permits and collection of fees
therefor; each and all of the regulations, provisions, conditions and terms of such Uniform Plumbing
Code and the Uniform Plumbing Code Standards have been made a part of Title 7 of the Revised and
Compiled Ordinances of the City of Meridian. The Plumbing Inspector shall enforce all code
regulations as specified in the aforementioned codes and any City Ordinance as they pertain to
Plumbing matters.
For and in consideration of the mutual promises contained herein, the parties agree as follows:
I. That L YND Inc. 3420 Sugar Creek, Meridian, Idaho shall be the Plumbing Inspector
for the City of Meridian, Idaho;
2. The fee payable by the City of Meridian, Idaho, to L YND Inc. for services rendered
shall be according to the value placed on the Plumbing permit, and based upon the
following pay schedule:
A. 50% of the permit fees for the first $ 100,000 in permit fees collected annually.
B. 40% of the permit fees between $ 100,000 to $200,000 in permit fees collected
annually.
c. 30% of the permit fees over $200,000 in permit fees collected annually.
3. Upon permit reconciliation, if the number of fixtures was under reported then the
Inspector shall receive 50% of the fees due up to a limit of five (5) additional fixtures.
Any amount beyond five (5) shall be negotiated by the Inspector and the Mayor.
The Plumbing Inspector is an independent contractor and not an employee of the City of
Meridian and shall be responsible for all insurances, worker's compensation, taxes, and shall furnish
AGREEMENT - I
(
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certificates for each employee to the City of Meridian.
The term of this contract shall be one year commencing on October I, 2000, until October If
2001, and shall continue from year to year until terminated a provided hereinafter.
This ag~eement may be terminated by either party upon the giving of at least thirty (30) days
notice of termination to the other party. Termination may be made without cause.
APPROVED:
APPROVED by City Council
ROBERT D. CORRIE
MAYOR - CITY OF MERIDIAN
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L YND GOVER
PRESIDENT - LYND INC.
ATTEST:
WILLIAM G. BERG, JR.
CITY CLERK - CITY OF MERIDIAN
ey/Z:\Work\M\Meridian 153 60M\PlumbingL YND.Agr
AGREEMENT - 2
(
CONTRACT FOR SERVICES
THIS AGREEMENT made the 1st day of October, 2000, by and between the City of
Meridian, an Idaho municipal corporation, and HAROLD'S ELECTRIC CO., INC., a licensed
Electrical Inspector, located in Meridian, Idaho.
The City of Meridian, a municipal corporation duly organized and existing under the general
municipal laws of the State of Idaho, desires to retain the services of an Electrical Inspector to serve
the City of Meridian.
The City of Meridi.an has adopted the National Electrical Code, published by the National Fire
Protection Association, for regulating the installation of electrical service in all buildings or structures
in the City. The code provides for issuance of permits and collection of fees therefor; each and all of
the regulations, provisions, conditions and terms of such National Electrical Code and the National
Electrical Code Standards have been made a part of Title 7 of the Revised and Compiled Ordinances
of the City of Meridian. The Electrical Inspector shall enforce all code regulations as specified in the
aforementioned codes and any City Ordinance as they pertain to electrical matters.
For and in consideration of the mutual promises contained herein, the parties agree as follows:
I. That Harold's Electric Co., Inc. 39 East State, Meridian, Idaho shall be the Electrical
Inspector for the City of Meridian, Idaho;
2. The fee payable by the City of Meridian, Idaho, to Harold's Electric Co. Inc. for
services rendered shall be according to the value placed on the electrical permit, and
based upon the following pay schedule:
A. 50% of all commercial permit fees collected annually.
B. 50% of the residential permit fees for the first $40,000 in permit fees collected
ann uall y .
c. 40% of the residential permit fees from $40,000 on up in permit fees collected
annually.
The Electrical Inspector is an independent contractor and not an employee of the City of
Meridian and shall be responsible for all insurances, worker's compensation, taxes, and shall furnish
certificates for each employee to the City of Meridian.
AGREEMENT - I
(
The term of this contract shall be one year commencing on October I, 2000, until October I,
200 I, and shall continue from year to year until terminated a provided hereinafter.
This agreement may be terminated by either party upon the giving of at least thirty (30) days
notice of termination to the other party. Termination may be made without cause.
APPROVED:
APPROVED by City Council
ROBERT D. CORRIE
MAYOR - CITY OF MERIDIAN
A~~
HAROLD HUDSON
PRESIDENT - HAROLDJS ELECTRIC CO. INC.
ATTEST:
WILLIAM G. BERG, JR.
CITY CLERK - CITY OF MERIDIAN
ey /2; \ Work \M\Meridian I 5 360M\ElectricHarolds.Agr
AGREEMENT - 2
CONTRACT FOR SERVICES
THIS AGREEMENT made the 1st day of October, 2000, by and between the City of
Meridian, an Idaho municipal corporation, and RIMI, INC., a licensed Mechanical Inspector, located in
Meridian, Idaho.
The City of Meridian, a municipal corporation duly organized and existing under the general
municipal laws of the State of Idaho, desires to retain the services of a Mechanical Inspector to serve
the City of Meridian.
The City of Meridian has adopted the Uniform Mechanical Code, published by the
International Conference of Building Officials, for regulating the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or
maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous
heat-producing appliances in the City of Meridian. The code provides for issuance of permits and
collection of fees therefor; each and all of the regulations, provisions, conditions and terms of such
Uniform Mechanical Code and the Uniform Mechanical Code Standards have been made a part of
Title 7 of the Revised and Compiled Ordinances of the City of Meridian. The Mechanical Inspector
shall enforce all code regulations as specified in the aforementioned codes and any City Ordinance as
they pertain to Mechanical matters.
For and in consideration of the mutual promises contained herein, the parties agree as follows:
I. That RIMI Inc. 479 S. Spoonbill Ave., Meridian, Idaho shall be the Mechanical
Inspector for the City of Meridian, Idaho;
2. The fee payable by the City of Meridian, Idaho, to RIMI Inc. for services rendered
shall be according to the value placed on the Mechanical permit, and based upon the
following pay schedule:
A. 75% of the permit fees for the first $ 30,000 in permit fees collected annually.
B. 60% of the permit fees between $30,000 to $45,000 in permit fees collected
ann uall y .
C. 50% of the permit fees between $45,000 to $60,000 in permit fees collected
ann uall y .
D. 40% of the permit fees between $60,000 to $75JOOO in permit fees collected
ann uall y.
E. 40% of the permit fees over $75,000 in permit fees collected annually.
AGREEMENT - I
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3. The permit fee of a value of $ 1,000.00 or more shall be negotiable between the City of
Meridian and the Mechanical Inspector.
The Mechanical Inspector is an independent contractor and not an employee of the City of
Meridian and shall be responsible for all insurancest worker's compensation, taxes, and shall furnish
certificates for each employee to the City of Meridian.
The term of this contract shall be one year commencing on October I, 2000, until October I,
2001, and shall continue from year to year until terminated a provided hereinafter.
This agreement may be terminated by either party upon the giving of at least thirty (30) days
notice of termination to the other party. Termination may be made without cause.
APPROVED:
APPROVED by City Council
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RODNEY L. ME EY
PRESIDENT - RIM! INC.
ROBERT D. CORRIE
MAYOR - CITY OF MERIDIAN
ATTEST:
WILLIAM G. BERG, JR.
CITY CLERK - CITY OF MERIDIAN
ey /2:. \ W ork\M\Meridian 1 5 3 60M\Mec han ic;;tiRIMLAgr
AGREEMENT - 2
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PUBLIC HEARING
SIGN-UP SHEET
DATE
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PROJECT NUMBER 112 - 00 ~o 2 b
PROJECT NAME It:: tJ dl:a k 4-e {/ e I 0/ h e/J."t t-
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NAME FOR AGAINST
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PUBLIC HEARING
SIGN-UP SHEET
DATE 3-6-01
PROJECT NUMBER ;< 2 - () 0 -() {9 ~
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PROJECT NAME
il hder C7'OSS/~-J
NAME FOR AGAINST
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SIGN-UP SHEET
DATE
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PROJECT NUMBER J1 2 - tJ 0 ~ 02 2--
PROJECT NAME Sp r/ n ? cr t:L (..e. Si-vb ctikiJ/e--r..-
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FOR AGAINST
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PUBLIC HEARING
SIGN-UP SHEET
DATE
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PROJECT NUMBER ;J fJ -00- 0 2 L
PROJECT NAME d;J-n h 7 d~.e ~6 0( IV l"-s I'ov-.-
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SIGN-UP SHEET
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PROJECT NUMBER j/ 111<. - 0 0 -0/9
PROJECT NAME /Pr;.er/7-e! II1 YL
NAME
FOR
AGAINST
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 8.15 ACRES
FOR STATEN PARI(
SUBDMSION, LOCATED ON
THE SOUTH SIDE OF USTICI(
ROAD, 1/4 MILE EAST OF
BLACI( CAT ROAD, MERIDIAN,
IDAHO
BY: LEAVITT & ASSOCIATES
ENGINEERING
C/C 02/20/0 I
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Case No. AZ-OO-025
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled annexation and zoning application having come on
for public hearing on February 20, 2001, at the hour of 6:30 o'clocl( p.m., Shari
Stiles, Plan11ing and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was: I(urt Smith of Leavitt & Associates
Engineering, 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 Decision and Order:
FINDINGS OF FACT
I. The notice of public hearing on the application for annexation and
; zoning was published for two (2) consecutive weel(s prior to said public hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL /
LEAVITT &ASSOC. ENGINEERING - STATEN PARI( (AZ-00-025)
Page 1
scheduled for February 20, 2001, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the February 20,
200 I, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code S9 67-6509 and 67 -6511, and SS 11-2-4I6E and 11-2-417 A,
Municipal Code of the City of Meridian.
3. The City Council tal(es judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Ilnpact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
LEAVITT &ASSOC. ENGINEERING - STATEN PARI( (AZ-00-025)
Page 2
4. The property is approximately 8.15 acres in size and is located on the
south side of Usticl, Road, 1/4 mile east of Blacl, Cat Road. The property is
designated as Staten ParI, Subdivision.
5. The owners of record of the subject property are Stewart Miles Terry, Jr.
and Verla Terry, of Boise, Idaho.
6. Applicant is D' Alessio Building Development, Boise, Idaho.
7. The property is presently zoned by Ada County as RT.
8. The Applicant requests the property be zoned as R-4.
9. The subject property is bordered on the north by Ada County
agricultural land, to the south and east by residential subdivisions zoned R-4 and to
the west by Ada County Rural Residential.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
II. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: A 29 lot residential subdivision.
13. The Applicant requests zoning of the subject real property as R-4 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single Family Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
LEA VITI &ASSOC. ENGINEERING - STATEN PARI( (AZ-OO-025)
Page 3
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
CONCLUSIONS OF LAW
I. The City of Meridian has authority to annex real property upon written
request for al1nexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-41 7 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2. The City Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994.
4. That in S 11-2-417 A it provides in part that:
"If the Commission and Council approve a11 annexation request, the
Commission and Council shall insure that said annexation is in accord
with this Ordinance and the Comprehensive Plan."
5. Idaho Code S 67 -6511 (c) provides in matters where the City Council is
considering a zoning designation application as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
LEAVITI &ASSOC. ENGINEERING - STATEN PARI( (AZ-OO-025)
Page 4
"If the request is found by the governi11g board to be in conflict with the
adopted plan, or would result in demonstrable adverse impacts upon the
delivery of services by any political subdivision providing public services,
including school districts, within the planning jurisdiction, the
governing board may require the request to be submitted to the
planning or planning and zoning commission or, in absence of a
commission, the governing board may consider an amendment to the
comprehensive plan pursuant to the notice and hearing procedures
provided in section 67-6509, Idaho Code. After the plan has been
amended, the zoning ordinance may then be considered for amendment
pursuant to section 67-6511 (b), Idaho Code."
6. Idaho Code ~ 67 -6512 (a) provides the authority to grant special and/or
conditional use permits" . . . . when it is not in conflict with the plan." [referring to
the Comprehensive Plan. ]
7. The City's authority to mal(e and enforce ordinances are confined to
within the City's boundaries as provided in Article XII S 2 of the Constitution of the
State of Idaho.
86 The provisi?ns of I.C. 8 50-222 govern the conditions upon which the
City may exercise its authority to annex territory, but the exercise of that authority is
discretionary as determined by the City Council.
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:
I. That the application for annexation is denied because of the abundant
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL /
LEAVITT &ASSOC. ENGINEERING - STATEN PARle (AZ-OO-025)
Page 5
inventory of R-4 zoned subdivisions with 8,000 sq. ft. lots.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the annexation and zoning may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the 61!1.- day of
/J1,~
, 200 I.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
;r~
COUNCILMAN ICEITH BIRD
VOTED
I/ljL
C/
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE MC CANDLESS
VOTED f/eb{'./
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL /
LEAVITT &ASSOC. ENGINEERING - STATEN PARle (AZ-OO-025)
Page 6
MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED
DATED: g -6 .- tJ /
MOTION:
APPROVED:
~
t'
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s
Departlnent and the City Attorney.
By:JI~~~ r;
City Clerk tI
Dated: ;J -- ~-tJ I
msg/Z: \ W 0 r k\M\Meri di an \Meri di an 15360 M\S ta tenP ar kDeny AZO 25\FFCLOrdAZD ENIAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
LEAVITT &ASSOC. ENGINEERING - STATEN PARI( (AZ-OO-025)
Page 7
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR STATEN PARI(
SUBDIVISION FOR 24
BUILDING LOTS AND 5
OTHER LOTS ON 8.15 ACRES,
LOCATED EAST OF BLACI(
CAT AND SOUTH OF USTICI(
ROAD, MERIDIAN, IDAHO
BY: LEAVITT AND
ASSOCIATES ENGINEERING
C/C 02-20-01
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. PP-OO-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on February 20,2001, at the hour of 6:30 p.m., at the Meridian City
Hall, 33 East Idaho, Meridian, Idaho, and the City Council talces judicial notice of its
action of the denial of the application for annexation and zoning in Case No. AZ-OO-
025, and the City Council based upon its Findings of Fact and Conclusions of Law
and Decision and Order in Case No. AZ-OO-025, does hereby deny the application
for preliminary plat approval.
FINDINGS OF FACT
1. It is found that the Recommendations to City Council of the Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER DENYING PRELIMINARY PLAT
STATEN PARI( SUBDIVISION BY: LEAVITT & ASSOCLATES (PP-OO-027)
- 1
and Zoning Commission is not reasonable, nor appropriate ate, for the conditions of
approval of the preliminary plat due to the denial of the annexation and zoning in
Case No. AZ-OO-025.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section 12-3-5, and based upon the above and foregoing Findings of Fact which are
herein adopted.
IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon
the denial of the annexation and zoning in Case No. AZ-OO-025, the Council does
hereby deny the application for preliminary plat approval.
Ii.
By action of the City Council at its regular meeting held on the 6 -- day of
/71Lbu:/~ ,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED $'-'
COUNCILMAN ICEITH BIRD
VOTED ;</'jL-
COUNCILWOMAN TAMMY deWEERD
VOTED~
VOTED*
COUNCILWOMAN CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER DENYING PRELIMINARY PLAT
STATEN PARI( SUBDIVISION BY: LEAVITT & ASSOCIATES (PP-OO-027)
- 2
/
MAYOR ROBERT D. CORRIE (TIE BREAl<ER) VOTED ----
$-6-&(
MOTION: APPROVED: ~ DISAPPROVED:
Copy seIVed upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
ByJh~/~~ ~
City Clerk
Dated:
3-6.-tJ I
msglZ:\ W ork\M\Meridian\Meridian 15360M\StatenParkDenyAZ025\FfCIsOrdDeny.PP
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER DENYING PRELIMINARY PLAT
STATEN PARI( SUBDIVISION BY: LEAVITT & ASSOCIATES (PP-OO-027)
- 3
March 1, 2001
CUP 00-058
MERIDIAN CITY COUNCIL MEETING
March 6, 2001
APPLICANT Dahl and Janet Torgenson ITEM NO. 3-B
REQUEST CUP for a child-care center for 24 children in an R-15 zone for
proposed ABC Club Daycare and Preschool - 650 W. Broadway
I=r}.d~> / rae-IT t ((/iA-~~/~ ILaw-
I tf? r~ tP r:- ~ c';-r rb-Y ·
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
~1.p t c/.e ~g( cJrfr~.. '
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: hoJLi 7lfYfJC41 S (! /L
elf
f(f4 f)'(}
tt~~vL ~.
Date: gIS/Of Phone: 2:JO-2b5h
Materials presented at public meetings shall become property of the City of Meridian.
interoffice
MEMORANDUM
To:
William G. Berg, Jr.
RECEIVED
MAR - 2 2001
From:
CITY OF MERIDIAN
Subject:
Dahl and Janet orgensen Day Care Center (CUP-00-OS8)
Date:
February 28, 2001
Please find attached the original Findings of Fact and Conclusions of
Law and Decision and Order Granting Conditional Use Permit Subject to
Conditions, pursuant to action of the Council at their February 20, 200 I meeting.
The Findings will be on the Council's agenda for their March 6,2001 meeting.
I have also attached the original of the Order of Conditional Approval of
Conditional Use Permit, if the Council approves the Findings.
Please serve copies of both documents upon the Applicant, Planning and
Zoning, Public Worles and the City Attorney.
If you have any questions please advise.
msg/Z:\W ork\M\Meridian\Meridian 15360M\ABC Club CUP OS 8\Clerk02280 1.Mem
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF DAHL AND
]ANETTORGENSEN, FORA
CONDITIONAL USE PERMIT
FORA CHILD-CARE CENTER
FOR 24 CHILDREN IN AN R-15
ZONE FOR PROPOSED ABC
CLUB DAYCARE AND
PRESCHOOL, LOCATED AT 650
W. BROADWAY, MERIDIAN,
IDAHO
C/C 02/20/01
)
)
)
)
)
)
)
)
)
)
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Case No. CUP-OO-058
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before
the City Council on February 20, 2001, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the hearing, and the Applicant, Dahl Torgensen,
appeared and testified, and no one appearing in opposition, and the City Council having
received the staff report and the record made before the Planning and Zoning Commission,
and being fully advised in the prelnises, the Council finds and concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 1
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was
published for two (2) consecutive weelcs prior to the said public hearing scheduled for
February 20, 2000, before the City Council, the first publication appearing and vvritten
notice having been mailed to property ovvners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public hearings
having been posted upon the property under consideration more than one week before
said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the said February 20, 2000, public hearing; and the
Applicant, affected property ovvners, and govenunent subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express conunents and submit evidence.
2. There has been compliance with all notice and hearing
requirenlents set forth in Idaho Code ss67-6509 and 67-6512; and Meridian City
Code SS 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the
Mfidavit of Publication and Proof of Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-058)
- 2
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 December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at 650 W. Broadway, Meridian, Idaho.
5. The owners of record of the subject property are Dahl T. and Janet
L. Torgensen of Meridian, Idaho.
6. Applicants are the owners of record.
7. The subject property is currently zoned R-15. The zoning district
of R-15 is defined within the City of Meridian Zoning and Development Ordinance,
Section 11-7-2 E.
8. The proposed application requests a conditional use permit for a
child day care center in an R-15 zone for up to 24 children. The R-15 zoning
designation within the City of Meridian Zoning and Development Ordinance requires a
conditional use pennit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Developlnent Ordinance, Section 11-8-1.).
9. The Meridian City Council recognizes that the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-058)
- 3
application is in compliance vvith the Meridian Comprehensive Plan.
10. The use proposed vvithin the subject application vvill in fact,
constitute a conditional use as determined by City Ordinance.
II. That the Applicants, Dahl and Janet Torgensen, ovvners of the
property, are granted a conditional use permit for a child care center for 24 children,
located at 650 W. Broadway, Meridian, Idaho. The requested conditional use for the
development of the aforementioned project is described in the attached Exhibit "A",
and incorporated herein as if set forth in full, and consisting of one page.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will not
impose expense upon the public if the follovving conditions of development are imposed
and the follovving is also found to be required to mitigate the effects of the proposed
use and development upon services delivered by political subdivisions providing
services to the subject real property vvithin the planning jurisdiction of the City of
Meridian.
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-058)
- 4
12.1 Sanitary sewer and water to this facility shall be via existing service lines.
Applicant shall be required to enter into a Re-Assessment Agreement with
the City of Meridian.
12.2 Parking shall be limited to 2 staff and 4 "visitor" parldng slots. Off-street
parldng shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance. Paving and striping
shall be in accordance with the standards set forth in Sections 11-13-4.D.
and 11-13-4.E. of the City of Meridian Zoning a11d Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
12.3 The MFD shall make the final determination of allowable children at the
time of their occupancy inspection.
12.4 The Applicant shall remove any existing asphalt in the front yard that is
beyond the 30-foot maximum driveway width (or whatever ACHD
allows) prior to issuance of the C.O.
12.5 A minimum 10-foot wide landscaped buffer area shall be provided along
Broadway behind the future sidewalk and east of the asphalt driveway.
---
12.6 In order to prevent headlight glare into the front yards of properties to
the east, Applicant shall plant evergreen or woody shrubs or other
appropriate form of solid screening along the eastern edge of the new
asphalt parking area. The screening shall be at least three (3) feet tall at
the time of planting and shall be in place prior to issuance of the
Certificate of Occupancy.
12.6 An ADA-approved ha11dicap parldng sigI1 shall be installed in front of the
accessible stall in the parldng lot.
12.7 Applicant shall provide a solid screening of the adjacent properties to the
north, east and west to protect children from adverse impacts and to
provide a visual and sound buffer between properties. Applicant shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-058)
- 5
(
clarify the type and height of fencing proposed along the east and west
sides of the rear play area with Staff.
12.8 The child care center shall not adversely impact surrounding residential
properties due to children's noise, traffic and other activities.
12.9 Applicant shall keep all outside play areas free of noxious weeds.
12.10 A Certificate of Occupancy (C.O.) for the childcare center is required
prior to operation signed by representatives of the Fire Department,
Building Department and Planning & Zoning Department.
12.11 Applicant shall secure and maintain a child care license from the Idaho
State Department of Health al1d Welfare-Child Care Licensing Division,
a copy of which shall be provided to the City of Meridian at the time of
P&Z Department's C.O. inspection, and which shall be on-site for City
inspection at all times.
12.12 Applicant shall ensure that immunization of all children is verified prior
to acceptance into program.
12.13 Applicant is to schedule an appointment with the Meridian Fire
Department for inspection prior to operating. Operation of daycare
without proper approvals shall result in revocation of conditional use
pennit.
12.14 Applicant shall comply with any other ACHD requirements now pending.
12.15 A drainage plan designed by an architect or engineer is required and shall
be submitted to the City Engineer (Drd. 557, 10-1-91) for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
12.16 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 6
(
12.17 All outdoor trash and/or garbage collection areas shall be enclosed on at
least three (3) sides in accordance "With City Ordinance Section 11-12-
1.C. Coordinate trash enclosure locations and construction requirements
"With Sanitary Service Company (SSe) and provide a letter of approval
from SSC to the Planning & Zoning Department prior to applying for
building permits.
12.18 All signage shall be in accordance "With the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
12.19 All construction shall conform to the requirements of the AInericans "With
Disabilities Act.
12.20 In accordance "With City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Applicant shall submit hoole-up and design details based on the proposed
landscaping. Applicant shall be required 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 assessments for the
landscaped areas.
Adopt the Recolnmendations of Sanitary Services as follows:
12.21 Residential waste cans shall be placed at the curb, and commercial can
rates shall apply.
Adopt the Recormnendations of the Central District Health Department as
follows:
12.22 Plans shall be submitted for the child care center for plan review.
Adopt the Recommendations of the Ada County Highway District as follows:
12.23 Construct curb, gutter, 5-foot "Wide concrete sidewalle and match paving
on Broadway Avenue abutting the entire parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 7
12.24 The existing driveway width and location is approved with this
application.
12.25 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
12.26 Requests for appeals to the ACHD shall specifically identify each
requirement to be reconsidered and include a written explanation of why
such a requirement would result in a substantial hardship or inequity.
12.27 Requests for appeals to the ACHD for reconsideration shall specifically
identify each requirement to be reconsidered and include written
documentation of data that was not available to the Commission at the
time of its original decision.
12.28 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #193.
12.29 All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
12.30 The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which
incorporates any required design changes.
12.31 Construction, use and property development shall be in conformance
with all applicable requirements of the Ada County Highway District
prior to District approval for occupancy.
12.32 Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with
all rules, regulations, ordinances, plans, or other regulatory and legal
restrictions in force at the time the applicant or its successors in interest
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO..058)
- 8
advises the Highway District of its intent to change the planned use of
the subject property unless a wavier/variance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change
in use is sought.
12.33 No change in the tenns and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada
County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway
District.
Adopt the Recommendations of the Central District Health Department as
follows:
12.34 All codes shall be Inet.
13. The proposed use within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
14. The uses proposed withi11 the subject application will be subject to
the conditions set forth in Finding of Fact No. 12 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
character of the general vicinity and that such uses will not change the intended
essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 9
16. The uses proposed within the subject application will be seIVed
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
18. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smolce, fUlnes, glare or odors.
19. The development will not result in the destruction, loss or damage
of natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code 9 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use pennits;
and
(B ) That a special use pennit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allo~ed with conditions under specific
provisions of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 10
for the proposed use, and when it is not in conflict with the plan;
and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to,
those:
I ) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
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 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 Permits by the enactment of Meridian
City Code S 11-17.
3. Idaho Code S 67-6504 provides that the City Council may exercise all of
the powers reqllired and authorized by Chapter 65 of Title 67 Idaho Code which Act is
l<nown as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 11
/
i
Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994.
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 Applicants, Dahl and Janet Torgensen, owners of the property,
for a child care center for 24 children, located at 650 W. Broadway, Meridian, Idaho.
The requested conditional use for the development of the aforementioned project is
described in the attached Exhibit "A", and incorporated herein as if set forth in full,
and consisting of one page.
2. The applicant is granted a conditional use permit for and subject to the
following terms and conditions:
Adopt the Recommendations of the Planning and Zoning and Engil1eering staff
as follows:
2.1 Sanitary sewer and water to this facility shall be via existing service lines.
Applicant shall be required to enter into a Re-Assessment Agreement with
the City of Meridian.
2.2 Parldng shall be limited to 2 staff and 4 "visitor" parldng slots. Off-street
parking shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance. Paving and striping
shall be in accordance with the standards set forth in Sections 11-13-4.D.
and 11-13-4.E. of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-058)
- 12
2.3 The MFD shall malce the final determination of allowable children at the
time of their occupancy inspection.
2.4 The Applicant shall remove any existing asphalt in the front yard that is
beyond the 30-foot maxilTIUm driveway width (or whatever ACHD
allows) prior to issuance of the C. O.
2.5 A minimum IO-foot wide landscaped buffer area shall be provided along
Broadway behind the future sidewallc and east of the asphalt driveway.
2.6 In order to prevent headlight glare into the front yards of properties to
the east, Applicant shall plant evergreen or woody shrubs or other
appropriate fonn of solid screening along the eastern edge of the new
asphalt parl<ing area. The screening shall be at least three (3) feet tall at
the tilTIe of planting and shall be in place prior to issuance of the
Certificate of Occupancy.
2.6 An ADA-approved handicap parking sign shall be installed in front of the
accessible stall in the parking lot.
2.7 Applicant shall provide a solid screening of the adjacent properties to the
north, east and west to protect children from adverse impacts and to
provide a visual and sound buffer between properties. Applicant shall
clarify the type and height of fencing proposed along the east and west
sides of the rear play area with Staff.
2.8 The child care center shall not adversely impact surrounding residential
properties due to children's noise, traffic and other activities.
2.9 Applicant shalllceep all outside play areas free of noxious weeds.
2.10 A Certificate of Occupancy (C.O.) for the childcare center is required
prior to operation signed by representatives of the Fire Department,
Building Department and Planning & Zoning Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OD-OS8)
- 13
2.11 Applicant shall secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care Licensing Division,
a copy of which shall be provided to the City of Meridian at the time of
P&Z Department's C.O. inspection, and which shall be on-site for City
inspection at all times.
2.12 Applicant shall ensure that inununization of all children is verified prior
to acceptance into program.
2.13 Applicant is to schedule an appointment with the Meridian Fire
Department for inspection prior to operating. Operation of daycare
without proper approvals shall result in revocation of conditional use
pennit.
2.14 Applicant shall comply with any other ACHD requirements now pending.
2.15 A drainage plan designed by an architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street
parl<ing areas. All site drainage shall be contained and disposed of on-site.
2.16 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C.
2.17 All outdoor trash and/or garbage collection areas shall be enclosed on at
least three (3) sides in accordance with City Ordinance Section 11-12-
1. C. Coordinate trash enclosure locations and construction requirements
with Sanitary Service Company (SSC) and provide a letter of approval
from SSC to the Planning & Zoning Department prior to applying for
building permits.
2.18 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
2.19 All construction shall conform to the requirements of the Americans with
Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 14
2.20 In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Applicant shall submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or
well water for the primary source. If City water is proposed as a secondary
source, developer shall be responsible to pay water assessments for the
landscaped areas.
Adopt the Recommendations of Sanitary Services as follows:
2.21 Residential waste cans shall be placed at the curb, and commercial can
rates shall apply.
Adopt the Recommendations of the Central District Health Department as
follows:
2.22 Plans shall be submitted for the child care center for plan review.
Adopt the Recommendations of the Ada County Highway District as follows:
2.23 Construct curb, gutter, 5-foot wide concrete sidewall< and match paving
on Broadway Avenue abutting the entire parcel.
2.24 The existing driveway width and location is approved with this
application.
2.25 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
2.26 Requests for appeals to the ACHD shall specifically identify each
requirement to be reconsidered and include a written explanation of why
such a requirement would result in a substantial hardship or inequity.
2.27 Requests for appeals to the ACHD for reconsideration shall specifically
identify each requirement to be reconsidered and include written
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 15
documentation of data that was not available to the Commission at the
tiI?e of its original decision.
2.28 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 193.
2.29 All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
2.30 T11e applicant shall submit revised plans for staff approval, prior to
issuance of building pennit (or other required permits), which
incorporates any required design changes.
2.31 Construction, use and property development shall be in conformance
with all applicable requirements of the Ada County Highway District
prior to District approval for occupancy.
2.32 Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with
all rules, regulations, ordinances, plans, or other regulatory and legal
restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of
the subject property unless a wavier/variance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change
in use is sought.
2.33 No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada
County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION .AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-DO-OS8)
- 16
Adopt the Recommendations of the Central District Health Department as
follows:
2.34 All codes shall be met.
3. That the City Attorney draft an Order Granting Conditional Use Pennit
in accordance with this Decision, which shall be signed by the Mayor and City CIeri,
and then a copy served by the CIeri, upon the applicant, the Planning and Zoning
Department, Public W orl(8 Department and City Attorney and any affected party
requested notice.
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 67-6521 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 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 actiol1 of the City Council at its regular meeting held on the
6#1
day
of /}1 tlfi vA-
, 200 1.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-OO-OS8)
- 17
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED: ;5-6 -O(
MOTION: APPROVED..; ~
VOTED~
VOTED~
VOTED~
VOTED
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.5
Department and City Attorney.
Dated:
msglZ:\ W ork\M\Meridian\Meridian 1 5360M\ABC Club CUPOS 8\CUPFfClsOrdDec.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DAHL AND JANET TORGENSEN / CHILD-CARE CENTER
FOR 24 CHILDREN (CUP-GO-OS8)
- 18
PARCEL I:
Tbe West 68 feet of the North l~O teet o! the South 130 feet of the
fOllowing dQscribed property:
~ .r)D J
",- "::J D "
B.ginning at a point 20 rods East of the Northwest corner o! the
Southeast Quarter of section 12, Township 3 North, Range 1 West
o~ the Boise Meridian in Ada county, Idaho; and running thence
South parallel with the Meridian Line ~o rods; thence
East. 12 rods; thence _" loloD'
r North p8ra11el to the Meridian Line ~o rods; and thence
West ~2 rods to the PLACE OF BEGINNING
" \y~ J
PARCEL II:
Th8.t portion of land in the Northwest Quarter of. t.be Southeast
Quartur o:f Seotion ~2, Township 3 North, Range 1 west, more
speci!ioally dascriD~d as follows:
Beginning at the center ot section 12, Township 3 North, Range 1
WQst of the Boise Meridian in Ada county, Idaho; thence
South 99050' East, 330.00 feet to a point; thenee
South 0010' West, 530.00 feet to the REAL POINT OF 13EGINNING;
thence
South 89050' ~ast, 68.00 teet; thence
North 0010' East, 30.00 feet; thence
North 89050' west, 68.00 feet; thence
South 0010' West, 30.00 feet to the PLACE OF BEGINNING
x~ \Oy=~~ \(-;)0--0
Date
,-_~:-~-l "(j \"~"a~V} \ \-(~D-. e,D
""
)
. : :!.
Ed, b;{. "f{ II
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
DAHL AND JANET TORGENSEN FOR A )
CONDITIONAL USE PERMIT FOR A CHILD )
CARE CENTER FOR 24 CHILDREN, )
LOCATED AT 650 W. BROADWAY, )
MERIDIAN, IDAHO )
)
)
C/C 02/20/01
CASE NO. CUP-OO-058
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 6th day of March, 2001,
for final action on conditional use pennit application and the Council having received
and approving the recommendation of the Plan11ing and Zoning Commission the
Council takes the following action:
1. That the Applicants, Dahl and Janet Torgensen, owners of the property, are
granted a conditional use permit for a child care center for 24 children, located at
650 W. Broadway, Meridian, Idaho. The requested conditional use for the
development of the aforementioned project is described in the attached Exhibit "A",
and incorporated herein as if set forth in full, and consisti11g of one page.
2. That the above named applicants are granted a conditional use permit for a
child care center 24 children, located at 650 W. Broadway, Meridian, Idaho, subject
to the following conditions of US~ and development:
Adopt the Recommendations of the Planni11g and Z011ing and Engineering staff as
follows:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN
(CUP-OO-058)
PAGE 1 OF 6
2.1 Sanitary sewer and water to this facility shall be via existing service lines.
Applicant shall be required to enter into a Re-Assessment Agreement with the
City of Meridian.
2.2 Parl<ing shall be limited to 2 staff and 4 "visitor" parl<ing slots. Off-street
parking shall be provided in accordance with Section 11-13-5 of the City of
Meridian Zoning and Development Ordinance. Paving and striping shall be in
accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E.
of the City of Meridian Zoning and Developlnent Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
2.3 The MFD shall mal<.e the final determination of allowable children at the time
of their occupancy inspection.
2.4 The Applicant shall relnove any existing asphalt in the front yard that is
beyond the 30-foot maximum driveway width (or whatever ACHD allows)
prior to issuance of the C.O.
2.5 A minimum 10-foot wide landscaped buffer area shall be provided along
Broadway behind the future sidewallc and east of the asphalt driveway.
2.6 In order to prevent headlight glare into the front yards of properties to the
east, Applicant shall plant evergreen or woody shrubs or other appropriate
form of solid screening along the eastern edge of the new asphalt parl<ing area.
The screening shall be at least three (3) feet tall at the time of planting and
shall be in place prior to issuance of the Certificate of Occupancy.
2.6 An ADA-approved handicap parking sign shall be installed in front of the
accessible stall in the parl<ing lot.
2.7 Applicant shall provide a solid screening of the adjacent properties to the
north, east and west to protect children from adverse impacts and to provide a
visual and sound buffer between properties. Applicant shall clarify the type
and height of fencing proposed along the east and west sides of the rear play
area with Staff.
2.8 The child care center shall not adversely impact surrounding residential
properties due to children's noise, traffic and other activities.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN
(CUP-OO-058)
PAGE 2 OF 6
2.9 Applicant shalllceep all outside play areas free of noxious weeds.
2.10 A Certificate of Occupancy (C.O.) for the childcare center is required prior to
operation signed by representatives of the Fire Department, Building
Department and Planning & Zoning Department.
2.11 Applicant shall secure and maintain a child care license from the Idaho State
Departlnent of Health and Welfare-Child Care Licensing Division, a copy of
which shall be provided to the City of Meridian at the time of P&Z
Department's C.O. inspection, and which shall be on-site for City inspection at
all times.
2.12 Applicant shall ensure that immunization of all children is verified prior to
acceptance into program.
2.13 Applicant is to schedule an appointment with the Meridian Fire Department
for inspection prior to operating. Operation of daycare without proper
approvals shall result in revocation of conditional use permit.
2.14 Applicant shall comply with any other ACHD requirements now pending.
2.15 A drainage plan designed by an architect or engineer is required and shall be
submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng
areas. All site drainage shall be contained and disposed of on-site.
2.16 Outside lighting shall be designed and placed so as to not direct illumination
on any nearby residential areas and in accordance with City Ordinance Section
11-13-4.C.
2.17 All outdoor trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11-12-1. C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSe) and provide a letter of approval from sse to
the Planning & Zoning Department prior to applying for building permits.
2.18 All signage shall be in accordance with the standards set forth in Section 11-14
of the City Zoning and Development Ordinance.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN
(CUP-OO-058)
PAGE 3 OF 6
2.19 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.20 In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site. Applicant
shall submit hook-up and design details based on the proposed landscaping.
Applicant shall be required to utilize any existing surface or well water for the
primary source. If City water is proposed as a secondary source, developer shall
be responsible to pay water assessments for the landscaped areas.
Adopt the Recommendations of Sanitary Services as follows:
2.21 Residential waste cans shall be placed at the curb, and commercial can rates
shall apply.
Adopt the Recolnmendations of the Central District Health Department as follows:
2.22 Plans shall be submitted for the child care center for plan review.
Adopt the Recommendations of the Ada County Highway District as follows:
2.23 Construct curb, gutter, 5-foot wide concrete sidewall< and match paving on
Broadway Avenue abutting the entire parcel.
2.24 The existing driveway width and location is approved with this application.
2.25 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
2.26 Requests for appeals to the ACHD shall specifically identify each requirement
to be reconsidered and include a written explanation of why such a
requirement would result in a substantial hardship or inequity.
2.27 Requests for appeals to the ACHD for reconsideration shall specifically
identify each requirement to be reconsidered and include written
documentation of data that was not available to the Commission at the time of
its original decision.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN
(CUP-OO-058)
PAGE 4 OF 6
2.28 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #193.
2.29 All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
2.30 The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
2.31 Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
2.32 Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway
District of its intent to change the planned use of the subject property unless a
wavier/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
2.33 No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain vvritten
confirmation of any change from the Ada County Highway District.
Adopt the Recommendations of the Central District Health Department as follows:
2.34 All codes shall be met.
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.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN
(CUP-OO-OS8)
PAGE 5 OF 6
4. Notice to Permit Holder, this conditional use permit is not transferable
without cOlnplying with the provisions of Meridian City Code S 11-1 7 -8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the {Ii- day of
In &1,-t/fv, 2001.
Ro eft D. Corrie,
ayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Warks
Department and City Attorney.
By:
City ClerIc
Dated:
:J-~-I/I
msg/Z:\Work\M\Meridian\Meridian 15360M\ABC Club CUP058\CUPOrder.wpd
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN
(CUP-OO-058)
PAGE 6 OF 6
/ r"
t
PARCEL I:
.",
The West 68 feet of the North 110 teet or the south 130 feet of the
fOllowing dQ9Cribed property:
,- ~BD I
Beginning at a point 20 rods East of the Nortbwest corner or the
Southeast Quarter of Section 12, Township 3 North, Range 1 West
o~ the Boise Meridian in Ada county, Idaho; and runninq thence
South parallel with the Meridian Line .0 rods; thence
East. 12 rods; thence \, lDloD /
r North para11el to the Meridian Line 40~rods; and thence
West 12 rods to tbe PLACE OF BEGINNING
'- \~~ J
PARCEL II:
That por~ion of land in the Northwest Quarter of the Southeast
Quarter or section 12, Township 3 North, Range 1 west, more
specirically dQscrib~d as follows:
Beginning at the center ot section 12, Township 3 North, Ranqe 1
We9t ot the Boise Meridian in Ada county, Id&ho; thence
South 89050' East, 330~OO feet to a point; thenee
South 0010' West, .530.00 feet to the REAL POINT OF BEGINl'iINGi
thence 1
South 99050' ~ast, 68.00 teet; thence
North OGiO' East, 30.00 feet; thenoe
North 99050' west, 68.00 feet; thenoe
South 0010' West, 30.00 ~eet to the PLACE OF BEGINNING
x~~cf~ 1(-;)0--0
- Date
,-_~~;:~-l h::J v"\';:""U} . 1 \-dD- c:,{::)
( Date ,-
J
:', ;. -: 1. .
Ed, b;j, "A II
March ~ , 2001
Rz oo-o~ o
MERIDIAN CITY COUNCIL MEETING March b, 200
APPLICANT BRS Architects ITEM NO. ,~~~
REQUEST Rz of 8.88 acres from R-4 to L-O for proposed St. Alphonsus Regional
Medical Center Ambulatory Care tenter - SeC of Cherry Lane and Ten Mile Rd.
IIII IrI-4111 III I ^1 11 Ir-I~1.rn41U41i~~W~Ill.rlr-pllPir11111 0 11111 4 Ir-r 1 1 1 - -
J~~~f^~ / /] ~ f C I I I I .lil uo. r~.mnr IlrrrA.
AGENCY CQMMENTS
CkTY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY -,~~~ ~ ~'~.Q ~ ~.~ see a#tached findings
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HI HW Y D ~
G A ISTRICT. f
SANITARY SERVICE COMPANY 1
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
fNTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: ~ ~~C.~ ~ ~ Date: ~~~~ ~ Phone: ~ ~ ~ ~ ~~ ~
Mater~a~s presen#ed at pubic mee#ings shad! became property of the C~fy of Meridian.
WHITE PETERSON
WHITE, PETERSON, MQRR~W, GIGRAY, RQSSMAN, NYE & RQSSMAN, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER CHRi5TQPHER S. NYE
WM. E GIGRAY, II1 PHiL1P A. I~7ERSON
BREN"C JOHNSON ERIC S. Ra5sMAN
D. SAMUEL JOHNSON TODD A. ROSSMAN
LARRY D. MooRE DAVID M. SWAR'ri.EY
WILLIAM A. MORROW TERRENClr R. WHITE**
WILLIAM E NlcxoLS*
Zaa EAST CARLTQN AVENUE, SUITE 31
PnST OFFICE BOX 115n
MERIDIAN, IDAHO 83d$0.1150
TEL ~208y 288.2499
FAX ~2o8j zss•zsal
NAMPA D~FICE
144 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO $3d53.0241
TEL (24$) 46b•9Z12
FAX (248? 4bd•4445
'ALSO ADMITTED IN OR
"'ALSO ADMITTED IN WA
March I, 200I
William G. Ber , Jr., Cit Clerk
MERIDIAN C HAL
33 East Idaho
Meridian, Idaho $3 b42
PLEASE REPLY TO
MERIDIAN Q~'FICE
RECEIVED
MAR - 2 2001
~IT,Y ~3F MERIDIAN
Re: SAINT ALPHaNSCJS REGIONAL MEDICAL CENTER
AIViBULATaRY CARE CENTER / REZONE FINDINGS,
CASE N4. AZ-O~-UIO
Dear Will:
Please find enclosed the on 'nal of the FINDINGS QF FACT AND
CGNCLUSZONS DF LA,W AND DECISIG AND GRDER GRANTING APPLICATION
FGR ANNE~ATIGN AND ZONING prepared as per instructions from the Council meetin
of Februa ZO 20 g
ry 0, and whlch are on the agenda for March b, 200I.
I have also attached hereto the Development Agreement for the above matter.
After the Council meeting of March 6, ZOOI, xf Council ap roves the Findin s of Fact and
Conclusions of Law for the above matter, then the Findings wx 1 need to be attac ed to the four
Development Agreement as Exhibit "B".
After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zonin have been adopted, please submit the
Development Agreement to the ownerldeveloper or signature.
Very ly y ,
Wm. ich is
msg~'Z:IWarkIMlMeridianlMeridian I5360M1StAls RZOIOCUP0561FFCLand DevAgtClk.ltx
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC D2-20-01
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 8.88 ACRES
FOR PROPOSED
AMBULATORY CARE CENTER,
LOCATED AT THE
SOUTHEAST CORNER OF TEN
MILE ROAD AND CHERRY
LANE, MERIDIAN, IDAHO
Case No: RZ-UO-O1Q
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
ST. ALPHONSUS REGIONAL
MEDICAL CENTER,
APPLICANT
The above entitled matter on the rezonin a lication of
g pp S . S S acres
having come on for public hearin on Februa 20 2
g ry 00 ~ , at the hour of ~.3 0 o clock
p.m., and Council having received the re ort of Brad Hawlcins-
p Clarlc, Planner for the
Planning and Zoning De artment and Bruce Freclcleto
P n, Engzneerzng Technxc~an zXZ,
and Shari Stiles, Plannin and Zonin Administrator a ' '
g g ppeared and testxfred, and
appearing and testifying on behalf of the A licant were Nlilce nndra
Pp celc, Darrell
Fugate, Doug Racine and Wes Smith, and a earin in f
pp g avor of the applxcatzon was
Dennis Durant, and those a earin in o ositian wi
pp g pp th comments and/or concerns
were Dwayne Lingel, Penny Hanson, Brian Z~.ndell and Ro ' '
bert Morrls~on, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010) _ 1
Council having received the record of this matter made before the Planni
ng and
Zoning Commission, and Navin received their .Recommendation to the i '
g C ty Council,
and the City Council having duly considered the evidence and the record in thi
s
matter therefore makes the followin Findin s of Fact and Conclusions of Law
g g
Decision and order:
FINDYN~-S of FACT
1. The notice of public hearing on the application for rezoning was
published for two ~2} consecutive weeks rior to said ublic hearin schedu
p p g led for
February ~0, 2ool, before the Cit Council, the first ublication a earin
Y p pp g and
written notice having been mailed to pro ert owners or urchasers of record within
p Y p
three hundred feet X300'} of the external boundaries of the ro ert under
p p Y
consideration more than fifteen ~ X 5 } da s rior to sand hearin and with then '
Y p g once of
public hearing having been posted u on the ro ert under consideration mor
P p p y e than
one week before said hearing; and that co ies of all notices were made available to
p
newspaper, radio and television stations as public service announcements ~ and the
matter having been duly considered b the Cit Council at the Februa 20 2o0i
Y ~ ~ >
public hearing; and the applicant, affected ro ert owners and overnment
P P Y 7 g
subdivisions providing services within the tannin 'urisdiction of the Cit of
p g~ y
Meridian, having been given full o ortunit toe ress comments and submi
pp Y ~ t
evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010)
_~
2. There has been compliance with all notice and hearin
g
requirements set forth in zdaha Code §§ 67-6509 and 67-65 ~ z, and Meridian Cit
y
Code §§ 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zonin , subdivisions
g
and development ordinances codified at Meridian Cit Code Title ~ i and Title i2
y 1
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adapted December 2 X , i 993, Qrdinance No. 629 Janua 4 i 994 and
rY ,
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 8.88 acres in size. The property
is generally located at the southeast corner of Ten Mile Road and Cher Lane,
Meridian, Xdaho, and is described as follows:
.A parcel of land Iocated in Section ~ i, Townshi 3 North, Ran e
p g
~N'est of the Boise Meridian, .Ada County, Idaho mare articularl
P y
described as follows:
Commencing at the corner common to Sections 2, 3, ~ 0 and I ~ of
Township 3 North, Range X West of the Boise Meridian, Ada Count ,
Y
Idaho from which paint the North X14 corner of said Section X ~ bears
South 89°03'40" East a distance of 2653.23 feet; thence South
00°00'00" 'Nest along the westerly bounda Iine of said Section ~ i a
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distance of 300.00 feet; thence leavin said Section Ixne South 59°03'40"
g
East a distance of 45.OX feet to the TRC]E P~zNT ~F BEGINNING;
thence South 89°03'40" East a distance of 6S i . i 4 feet; thence South
00°00'00" west a distance of 274.92 feet; thence South S9°20'00" East a
distance of 4 ~ 6.35 feet; thence North 00°00'00" East a distance of
522.35 feet to a point on the southerly ri ht-of wa line of Cher Lane;
g y ry
thence clang said southerly right-of-way line, North 89°07'3 z"West a
distance of ~ 067.02 feet; thence South 44°30'45" West a distance of
43.47 feet to a point on the easterly right-of wa Iine of Ten Mile Road;
y
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010)
-3
r
thence along said easterly right-of way line South oo°oo'oo" ~VVest a
distance of 2 X b.74 feet to the P~ZNT ~F BEGzNN~NG.
Said parcel contains 35,6 ~ 3 square feet or S.SS acres more or Tess.
5. The owner of record of the subject property is St. Alphonsus
Regional Medical Center, Boise, Zdaho.
6. The Applicant is owner of record.
7. The property is presently zoned as R-4, and is fallow agricultural.
8. The Applicant requests the property be rezoned to L-O.
9. The proposed site is surrounded by a church and residential
subdivision to the north, a church and residential subdivision to the south, a
residential subdivision to the east and retail uses to the west.
~0. The subject property is within city limits of the City of Meridian.
~ ~ . The entire parcel of the property is included within the Meridian
Urban Service Planning Area as defined in the Meridian Com rehensive Plan.
p
12. The Applicant proposes to develop the subject property in the
following manner: construction of an ambulatory care center.
13. The Applicant's requested rezoning of the subject real property as
L-~ is consistent with the commercial designation on the Meridian Com rehensive
P
Plan Generalized Land Use Map which designates the subject ro ert as Existin
~ppy g
Urban.
~ 4. There are no significant or scenic features of ma'or im ortance
l P
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010) _ 4
that affect the consideration of this application.
15. Zn review of the application for rezone it is rovided at Meridian
P
City Code § ~ ~ - ~ 5- ~ 1 for the general Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
~ 5. ~ The new zoning will be harmonious with and in accordance with
the Comprehensive Flan;
15.2 The area included in the zoning amendment is not intended to be
rezoned in the future;
15.3 The proposed use will be designed, constructed, o erated and
p
maintained to be harmanious and appropriate in appearance with
the existing or intended character of the eneral vicinit and that
g y
such use will not change the essential character of the same area,
subject to the conditions of the conditional use rocess;
p
15.4 The proposed use will not be hazardous ar disturbin to existin
g g
or future neighboring uses, subj ect to the conditions of the
conditional use process;
15.5 The area will be served adequately by essential ublic facilities
p
and services such as highways, streets, police and fire rotection,
p
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zonin
g
amendment shall be able to provide adequately an of such
y
services;
15.6 The use will not create excessive additional re uirements at
q
public cost for public facilities and services and will not be
detrimental to the economic welfare of the communit ;
y
15.7 The use will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of
FZNDZNGS OF FACT AND C4NCLUSZQNS 4F LAw
AND DECXSZQN AND QRDER OF APPR4vAL QF
REZQNZNG ~F S. S 8 ACRES FRAM R-4 T4 L-0
ST. AL'S AMBULATQRY CARE CENTER / ~RZ-a4-0 ~ o} _ 5
excessive production of traffic, noise, smoke, fumes care or
~g
odors;
15. S The area will have vehicular a roaches to the ro '
pp p perty which
shall be so designed as not to create an interference with tr '
affic
on surrounding public streets;
15.9 The use will not result in the destruction loss or da
mage of a
natural or scenic feature of ma'or im ortance; and
~ p
15. z 0 The proposed zonin wail be in the best interest of th '
g e City of
Meridian.
~ 5,2 Staff conditions provide as follows:
Adopt the Recommendations of the Planning and Zoning and
Engineering staff as follows:
1 S.Z. z The Applicant shah be re uired to enter into a Devei
q opment
Agreement with the Cit .
y
15.2.2The following conditions ertainin to the ro osed
P g p p bank site
shall be included in the Develo ment A Bement:
P gr
a. The bank parcel, as confi red, has been shown for
conceptual approval within the context of the ro osed
. .. p P
rezone. ~f there are s~gn~ficant modifications, as
determined by staff, at the time a s ecific bank and site
P
configuration are determined, such modifications shall
require application far a modification of the current
~Ul'/l'UD application. As a modification the bank ar
r p cel
shall be reviewed on its own merit and either a raved ar
. , pp
dented without ~eopard~zxn or com romisin the a royal
g p ~ pp
of the current CUPI~UD a lication for Saint AI honsu
pp p s
.Medical office Euildin . Si ificant modifications shall
g ~
include, but not be limited to, e ansion of the total
building square foota e, addition of an drive-thru aisl
g y es,
change in building hei ht fie.. an hin above sin le
g g ~ g g
story}, etc.
FzNDXNQS of FACT AND CoNCLUSZONS of LA'VV
.AND DECZSXON .AND QR]]ER of APPROVAL of
REZONZNO of s. S S ACRES FROM R-~ To L-o
ST, AL' S AMBULA.T4RY CARE CENTER 1 ~RZ-QO-O t 0}
-6
Additionally, in the event a bank ro'ect doe
p ~ snot
rnaterxalxze, then applicant shall be allowed to develo an
. p y
other prlncxpally allowed L-~ use on that arcel s '
p ub~ ect to
staff s review and approval. Xf the nature of such a
development were determined b staff to exceed the
y
conceptual intent of the current CU~'IPUD, then that
change would also be re uire a modification as not
q ed
above. To clarify, an such modification shall be r '
Y evxewed
on its own merit.
To clarify, the bank arcel is conce teal at this '
p p point. Any
future development or action on this arcel is in
p tended to
be independent of the current a lication and a
pp pprovals,
specifically the ambulatory care/medical office buildin
g
portzon. The bank parcel, in no wa ,shall 'eo ardize the
.. y l P
abzlzty to proceed with the balance of the develo m
p ent.
b. The construction materials for the ro 0
p p sed bank must
include metal roofing and either brick or brick verse
er. The
material color palette presented are conce tual at this tim
p e.
Applicant has freedom to moth colors in the futur
fy e,
subject to staff's review.
c. All required parking stalls and landscaping must be located
within the boundaries of the future bank parcel..As
proposed, the row of nine (9) stalls along the east
boundary of the bank parcel have no access to the bank.
Applicant has updated the Master Site Development Plan
providing an access point through the landscape berm
along the east property line of the bank parcel to allow
more direct access from these (9) parking stalls to the
bank.
I5.2.3Any existing domestic wells andlor se tics st '
p y ems wzthxn this
project will have to be removed from their domestic servi
ce per
City ordinance Section 9- ~ -4 and 9-~-$. Well
s may be used for
non-domestic purposes such as landsca e irri anon.
P g
i 5.~.~ off street parlan shall be rovided in accord '
g p ante with the city
of Meridian ordinance i ~ - ~ 3 for use of undevela ed
p lats.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010) _ ~
J..
i
~ _
r
4
15 , 2 , 5 outside lighting shall b e desi ed and laced in accordance wit
gn p h
City ordinance Sections 1 ~ - 13-4. C. and ~ 2-5-2.M.
15.2 . bA drainage plan designed b a State of Zdaho licensed architect r
y o
engineer is required and shall be submitted to the Cit En 'Weer
Y ~
~~rd, 55 7, 10-1-91 }for all off street arkin areas. All site
. p g
drainage shall be contained and dis ased of on-site,
p
15.2.7A11 signage shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zonin and Develo meet
, g P
~rdlnance, No tempora si a e, fla s, banners or flashin si s
~~g g g~
will be permitted,
15.2.8 Provide five-foot-wide sidewalks in accordance with Cit
y
ordinance Section 12-5-2.K.
15.2.9A11 construction shall conform to the re uirements of the
q
.Americans with Disabilities Act.
Adopt the Recommendations of the Ada Count ~i hwa District a
y g y s
follows:
15.2.1 OConstruct a 30 to 35-foat wide ri ht-in/ri ht-out drivewa on
g g y
Ten Mile Road located approximatel 220-feet south of the
y
signalized intersection at Cher Lane as ro osed. Construct a
rY P P
six-inch raised median in the center of Ten Mile Road from a
point 10-feet south of the stop bar at the intersection to a oint
p
appro~mately 40-feet south of the southern ed e of drivewa .
. g y
The median shall be constructed to NAT restrict the existin
g
driveways on Ten Mile Road. Coordinate the desx and location
of the median with District staff. Submit a desi of the median
to the District's Traffic Service's Su ervisor for review and a
P
letter of approval,
15.2.11 Construct a 30 to 35-foot wide ri ht-in/ri ht-out drivewa on
g g Y
Cherry Lane located approximatel 230-feet east of the si alized
. y ~
intersection at Ten Mile Road as proposed. Construct an on-site
median to restrict the driveway to ri ht-in/ri ht-out o erations.
g g P
Submit a design of the median to the District's Traffic Service's
Supervisor for review and a letter of a royal. Si the drivewa
PP gn y
FZNDZNQS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONXNG~ OF S.SS ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER 1 ~RZ-4o-o X Q}
_g
I
for right turn movements. The applicant ma construct this
y
driveway a maximum width of ~o-feet to accommodate the on-
site median,
~ 5.2. ~ 2Construct a 46-foot wide driveway on Cherry Lane located to
align or offset a minimum of 15a-feet from any existin or
g
proposed driveways. Submit a site plan that indicates existin
g
driveway locations on the north side of Cherry Lane to veil that
fY
the proposed driveway meets District policy, The eastern most
driveway on Cherry Lane shall be shifted approximatel 6o feet
y
to the east to accommodate this policy. The revised NZaster Site
Development flan reflects this change. An island is re wired
within the driveway and should be constructed a minimum of 4-
feetwide and located outside of the public right-of wa .
Y
X5.2.13Construct a 3o to 35-foot wide driveway on Cher Lane located
ry
to align or offset a minimum of 15o-feet from any existin or
g
proposed driveways. Submit a site plan that indicates existin
g
driveway locations on the north side of Cherry Lane to veil that
fY
the proposed driveway meets District policy.
z 5.2. z 4~'ave all of the driveways their full width and at least 3 D-feet
into the site beyond the edge of pavement with 15-foot curb
ra ix.
15.2.15Replace any unused curb cuts on Ten Mile Road or Cherry Lane
with standard curb, gutter and concrete sidewalk to match
existing improvements.
~ 5.2.16Replace any damaged curb, gutter and/or sidewalk on Cher
~Y
Lane ar Ten Mile Road with new curb, gutter and/or concrete
sidewalk to match existing improvements. Segments to be
replaced shall be determined by ACHD Construction Services
staff.
I5,2. ~ 7Utility street cuts in pavement less than five ears old are not
y
allowed unless approved in writing by the District.
~ 5.2.1 S Other than the access points specifically approved with this
application, direct lot or parcel access to Ten Mile Road or
FZNDZNGS QF FACT AND CQNCLUS~4NS OF LAW
AND DECZSX4N AND QRDER QF APPRQVAL QF
REZQNZNG QF 8.85 ACRES FRaM R-4 TQ L-Q
ST. AL'S AMBULATQRY CARE CENTER 1 ~RZ-00-0 ~ 0} _ g
Cherry Lane is prohibited.
Adopt the additional action of the Council from their Februa 20
. ry
200 ~, meeting by incorporating the A l~cant s letter of 021 210 ~ as follows:
PP
~ 5.2. ~ 9Pertaining to the site lightin , the a licant shall com ~ with
g pP P y
the ordinance requirements, ands ecificall ,the site li htin
P y g g
shall be designed so that light does not directl reflect ors ill
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over into adjacent residential districts, that the site li htin
g g
arrangement shall be approved by the City En 'Weer and that
applicant comply with the listed site li htin standards. A
g g
Conceptual Site Lighting Plan has been submitted to show the
proposed site lighting arrangement, light levels and fixture t es,
. yP
and zs on file with the City Clerk s office.
X 5.2.20The "Hours of Business operation" shall be defined as "Hours
during which the facility is actually o en for business and
P
patients are on the premises being seen or treated." .Additionall ,
. y
to clarify facility maintenance, before or after hours staff
preparation or other similar activities occurring when the facilit
y
~s not open for business are not subject to "Hours of Business
Operation" restrictions.
C~NCLUSI~NS Q~ LAw
l . The Council may take judicial notice of overnment ordinances
g a
and policies, and of actual conditions existin within the Cit and State.
g y
2. T`he City of Meridian has exercised its authorit and res onsibilit as
y P y
provided by "Local Land CJse Plannin Act of ~ 975"', codified at Cha ter 65 Title 67
g p ,
Idaho Code by the adoption of Com rehensive Plan Cit of Meridian ado ted
p y P
December 2 ~, i 993, ord. No. 629, Manua 4, ~ 994.
rY
3. The requested zoning of Limited Office District, (L-O) is defined in
the Zoning Ordinance at 11-7-2 G as follows:
FzND~NGS GF FACT AND C4NCLUSZGNS GF LAw
AND DECISION AND QRDER QF APPRGVAL QF
REZ~NZNG 4F S.SS ACRES FRAM R~4 T4 L-4
ST. AL'S AMB~C.JLATQRY CARE CENTER/ ~RZ-oo-OZ0} _ ~~
~L-4 .~r~ni~e~ ~ _ ce Dist~ct:, The purpose of the L-~ District is
to permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic,
public service and similar uses. Research uses shall not involve
heavy testing operations of any kind or product manufacturin of
g
such a nature to create noise, vibration ar emissions of a nature
offensive to the overall purpose of this District. 'The L-~ District
is designed to act as a buffer between other more intense
nonresidential uses and high density residential uses, and is thus
a transitional use. Connection to the Municipal water and sewer
system of the City is a requirement in this District.
4. Idaho Code § 67-6511 provides and requires that the City shall
establish by ordinance one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan and the ordinance establishing zoning districts can be
amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
5. zdaho Code § 67-65z iA provides:
Each governing board may, by ordinance adopted ar amended in
accordance with the notice and hearing provisions provided under
section 67-6509, Xdaho Code, require or permit as a condition of
rezoning that an owner or developer malce a written commitment
concerning the use or development of the subject parcel. The
governing board shall adopt ordinance provisions governing the
creation, form, retarding, modification, enforcement and
termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code §
i X - ~ 5-1 Z has exercised its authority to require or permit as a condition of rezoning
FZNDZNGS OF FACT AND CONCLUSzONS OF LA'W
AND DECzS~ON AND ORDER OF A~'PROVAL OF
REZONXNG OF S.SS ACRES FROM R-4 TO L-0
ST. AL' S AMBULATORY CARE CENTER / ~RZ-OO-O ~ 0}
-Il
that an owner or developer make a written commitment concerning the use or
development of the subject property.
7. § 11-6-1 ZONING DISTRICT MAl' provides in part as follows:
The districts established in this Qrdinance as shown on the
Official Zoning Map, together with all explanato matter
thereon, are hereby adopted as part of this Qrdinance. Where
uncertainty exists with respect to the boundaries of any of the
zoning districts as shown on the Official Zoning Map, the
fallowing shall apply;
7. ~ Where district boundaries are indicated as approximatel
y
following the centerline of street lines, highway ri ht-of-
g
way Tines, streams, lakes or other bodies of water, the
centerline shall be construed to be such boundary;
7.~ Where district boundaries are so indicated that the
y
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
7.3 Where district boundaries are so indicated that the are
y
approximately parallel to the centerlines or street lines of
streets, ar the centerlines or right-of-way lines of highways,
such district boundaries shall be construed as bein arallel
gP
thereto and at such distance therefrom as indicated on the
Official Zoning NZap. ~f no distance is given, such
dimensions shall be determined by the use of the scale
shown on the Official Zoning Map; and
7,4 Where the boundary of a district follows a railroad line,
such boundary shall be deemed to be located in the middle
of the main tracks of said railroad line.
S. § I ~ - ~ 5- ~ ~ of the Meridian City Code GENERAL
STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBU~TORY CARE CENTER / (RZ-00-010)
- ~Z
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:
8. ~ T'he new zoning wall be harmonious with and in
accordance with the Comprehensive Plan.
S.~ The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is
allowed under the new zoning.
8.4 There has been no change in the area or adjacent areas
which would dictate the area should be rezoned.
8.5 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;
8.6 The proposed uses will not be hazardous or disturbing to
existing or future neighboring uses;
8.7 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;
$.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;
8.9 The proposed uses will not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
FINDZNG~S OF FACT AND CONCL~]S1ONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONZNO OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBCJLATOR`Y CARE CENTER 1 ~RZ-00-010}
z3
or the general welfare by reason of excessive production of
traffic, Horse, smoke, fumes, glare or odors;
8. ~ o 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;
$. ~ ~ The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
8.~~ The proposed zoning amendment is in the best interest of
the City of Meridian.
DECISYDN AND ORDER
N~w~, THEREFORE, BASED UPON THE A.BavE AND
FOREGOING BINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
.ARE HEREXN ADAPTED, the City Council does hereby order and this does order:
~ . The Applicant's request for rezone of approximately g.SB acres for
construction and development of an ambulatory care center is granted, subject to the
terms and conditions of this order hereinafter stated; and
2. The following special terms and conditions of use and
development relate to this application to-wit:
Adopt the Recommendations of the Planning and Zoning and
Engineering staff as follows:
2.1 The Applicant shall be required to enter into a
Development Agreement with the City.
2.2 The following conditions pertaining to the proposed bank
site shall be included in the Development Agreement:
FINDINGS OF FACT AND CONCLUSIONS OF LA.W
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBUX ATORY CARE CENTER / (RZ-00-010) - 14
a. The bank parcel, as configured, has been shown for
conceptual approval within the context of the
proposed rezone. ~f there are significant
modifications, as determined by staff, at the time a
specific bank and site configuration are determined,
such modifications shall require application for a
modification of the current CUPIPUD application.
As a rnadification, the bank parcel shall be reviewed
on its own merit and either approved or dented
without j eopardizing or compromising the approval
of the current CUPIPUD application for Saint
Alphonsus Medical office Building. Significant
modifications shall include, but not be limited to,
expansion of the total building square footage,
addition of any drive-thru aisles, change in building
height ~e.g. anything above single story}, etc.
Additionally, in the event a bank project does not
materialize, then applicant shall be allowed to
develop any other principally allowed L-~ use on
that parcel, subject to staff's review and approval. zf
the nature of such a development were determined
by staff to exceed the conceptual intent of the
current CUPIPUD, then that change would also be
require a modification as noted above. To clarify,
any such modification shall be reviewed on its own
merit.
To clarify, the bank parcel is conceptual at this
point. Any future development or action on this
parcel is intended to be independent of the current
application and approvals, specifically the
ambulatory care/medical office building portion.
The bank parcel, in no way, shall jeopardize the
ability to proceed with the balance of the
development.
b. The construction materials for the proposed bank
must include metal roofing and either brick or brick
veneer. The material color palette presented are
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010)
- ~5
conceptual at this time. Applicant has freedom to
modify colors in the future, subject to staff's review.
c. All required parking stalls and landscaping must be
located within the boundaries of the future bank
parcel. As proposed, the row of nine (9) stalls along
the east boundary of the bank parcel have no access
to the bank. Applicant has updated the Master Site
Development Plan providing an access point
through the landscape berm along the east property
line of the bank parcel to allow more direct access
from these (9) parking stalls to the bank.
2.3 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Qrdinance Section 9-~-4 and 9-4-5. wells
may be used for non-domestic purposes such as landscape
irrigation.
2.4 Off street parking shall be provided in accordance with the
city of Meridian ordinance 11-13 for use of undeveloped
lots.
~.5 Qutside lighting shall be designed and placed in accordance
with City Qrdinance Sections X ~-13-4.C. and ~,~-5-2.M.
Z . G A drainage plan designed by a State of Zdaho licensed
architect or engineer is required and shall be submitted to
the City Engineer ~Qrd. 557, X o-1-91 }for all off street
parking areas. All site drainage shall be contained and
disposed of on-site.
~.7 All signage shall be in accordance with the standards set
forth in Section 11-1 ~ of the City of Meridian Zoning and
Development Qrdinance. No temporary signage, flags,
banners or flashing signs will be permitted.
2.S Provide five-foot-wide sidewalks in accordance with City
Qrdinance Section I ~-5-2.zC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010)
-z~
2.g All construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the Recommendations of the Ada County highway
District as follows:
2. ~o Construct a 3~ to 35-foot wide right-inlright-out driveway
on Ten Mile Road located approximately 22o-feet south
of the signalized intersection at Cherry Lane as proposed.
Construct asix-inch raised median in the center of Ten
NZile Road, from a point I o-feet south of the stop bar at
the intersection to a point approximately 4~-feet south of
the southern edge of driveway. The median shall be
constructed to NAT restrict the existing driveways on Ten
Mile Road. 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. ~ i Construct a 3o to 35-foot wide right-in/right-out driveway
on Cherry Lane located approximately ~3o-feet east of the
signalized intersection at Ten Mile Road as proposed.
Construct an on-site median to restrict the driveway to
right-inlright-out operations. Submit a design of the
median to the District's Traffic Service's Supervisor for
review and a letter of approval. Sign the driveway for right
turn movements. The applicant may construct this
driveway a maximum width of 4o-feet to accommodate the
on-site median.
2. ~ ~ Construct a 4G-foot wide driveway on Cherry Lane located
to align or offset a minimum of ~ 5o-feet from any existing
or proposed driveways. Submit a site plan that indicates
existing driveway locations on the north side of Cherry
Lane to verify that the proposed driveway meets District
policy. The eastern most driveway on Cherry Lane shall be
shifted approximately 6o feet to the east to accommodate
this policy. The revised Master Site Development Plan
reflects this change. An island is required within the
driveway and should be constructed a minimum of 4-feet
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBUY.ATORY CARE CENTER / (RZ-00-010)
-17
wide and located outside of the public right-of-way.
2. z3 Construct a 3o to 35-foot wide driveway on Che Lane
located to align or offset a minimum of I50-feet from any
existing or proposed driveways. Submit a site plan that
indicates existing driveway locations on the north side of
Cherry Lane to verify that the proposed driveway meets
istrzct policy,
2. ~4 Wave all of the driveways their full width and at least.30-
feet unto the site beyond the edge of pavement with ~ 5-
foot curb radix,
2.15 Replace any unused curb cuts on Ten Mile Road or Cherry
Lane with standard curb, gutter and concrete sidewalk to
match existing improvements.
2.16 Replace any damaged curb, gutter and/or sidewalk on
Cherry Lane or Ten Mile Road with new curb, gutter
and/or concrete sidewalk to match existing improvements.
Segments to be replaced shall be determined by ACHD
Construction Services staff.
Z. ~ 7 Utility street cuts in pavement less than five years old are
not allowed unless approved in writing by the District.
2. X 8 other than the access points specifically ap roved with
p
this application, direct lot or parcel access to Ten Mile
Road or Cherry Lane is prohibited.
Adopt the additional action of the Council from their Pebrua
. '~'~
20, 2a0 ~ , meetzng by incorporating the Applzcant's letter of 021 2/a ~ as follows:
2.19 Pertaining to the site lighting, the applicant shall comply
with the ordinance requirements, and specifically, the site
lighting shall be designed so that light does not directly
reflect or spill over into adjacent residential districts, that
the site lighting arrangement shall be approved by the City
Engineer and that applicant comply with the listed site
lighting standards. A Conceptual Site Lighting Plan has
F~NDXNGS 4F FACT AND CQNCLUSZDNS DF LAW
AND DECZS~DN AND ORDER OF A~'~'R4'VAL DF
REZDNZNG QF S.SB ACRES FROM R-4 TO L-D
ST. AL'S AMBULATORY CARE CENTER 1 ~RZ-04-0 ~ 0}
-I8
r'
been submitted to show the proposed site lightin
g
arrangement, light levels and future types, and is on file
with the City Clerk's office.
2.20 The "Hours of Business Operation" shall be defined as
"Hours during which the facility is actually open for
business and patients are on the premises being seen or
treated," Additionally, to clarify facility maintenance,
before or after hours staff preparation or other similar
activities occurring when the facility is not open for
business are not subject to "Hours of Business Operation"
restrictions.
3. The City Attorney shall prepare for consideration by the Cit Council
y
the appropriate ordinance for the re-designation of the zoning for the real property
which is the subject of the application to (L-O) Limited Office District (Meridian
City Code § 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 3 of this Order, the engineering staff of the Public ~'orlcs De artment shall
p
prepare the appropriate mapping changes of the official Zoning Maps as provided in
Meridian City Code § ~ ~ -2 ~ - l in accordance with the provisions of the rezonin
g
ordinance.
NOTICE OF FINAL ACTION
Pease ta~Ce notice that this is a final action of the overnin
g g
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 rezoning may, within twenty-eight (28) days after the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010)
-I9
date of this decision and order, seek a judicial review as provided b Cha ter 52,
y p
Title 67, Idaho Code.
6
By action of the City Council at its regular meeting held on the
day of /G~~ C'~- , 2001.
ROLL CALL
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN KEITH BIRD VOTED_ ~~~~~
COUNCILWOMAN TAMMY deWEERD VOTED_ `~~~'
COUNCILWOMAN CHERIE McCANDLESS VOTED
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED
DATED:__~'~~j ~~~
MQTIDN:
APPROVED: DISAPPRQVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
B
y' Dated:
City Clerk
3 /-a/
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msgIZ:IWorklMlMeridianlMeridian 15360MIStA.Is RZDIOCUPQ561FfsclsorderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER / (RZ-00-010)
~;
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March 1, 2001
CUP as-~5b
MERIDIAN CITY CGUNCIL MEETING MgrCh b, 2Q~1
APPLICANT BRS Architects ITEM NG. .-
rr~m~.n..rru. n ^um.rrnrr_nnuri~rm.uri.rr.~r~~mriruuurruiornrioir~ .rrn rir iii r irrrrr.rr
REQUEST CUP far a PUD in a proposed L-0 zone far proposed St. Alphonsus
ter.. i i i i u~rrr~iii.rni.nnir~rr.r.r~i~nin~.iorrnnrirr..r~~iri~uuin.uunronn.mrr~i~i..nn.nrurinriirw.nrrr_r.i~wwAwrrrr
Medical Center Ambulatory Care Center W SeC of Cherry Lane and Ten Mile Rd.
~~ ~
AGENCY CaMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTGR: -
CITY ATTQRNEY ~~~ ~ ~ ,~ ~.,,,~ ~,..~,~,`, See attached findings
CITY PGLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT;
MERIDIAN SCHGGL DISTRICT:
MERIDIAN PGST OFFICE;
ADA CaUNTY HIGHWAY DISTRICT;
SANITARY SERVICE CGMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRlGATIGN:
r
~,
SETTLERS IRRIGATiGN: ~'
IDAHG PQWER:
US WEST:
INTERMaUNTAIN GAS:
BUREAU GF RECLAMATIGN;
C~TH ER:
Contacted: ~- ~.~.~~~~ Date: ~ ~ ~ 1 Phone: ~-- ~~~~
Materials presented at public meetings shall become property of the City of Meridian.
v'
4~r,
interoffice
M E M O R A N D U M
RECEIVE
To: William G. Berg,lr. MAR - 2 20~~
From: William F. Nichols CITY OF MERIDIAN
Subject: SAINT ALPHONSUS REGIONAL MEDICAL CENTER
Frle No.: CUP-00-056
Dade: March 1, 2001
Will
Please find attached the original FzNDZNGS ~F FACT
CnNC~USZONS of ~.AW~ND DECZSZON.AND ORDER GRANTING
C~NDXTX~NAL USE PER~~T SUBJECT TO C~NDZTZC~NS, pursuant to action of
the Council at their February 20, Zoo I ,meeting. The Findings will be on the
Council's agenda for their March ~, Zia 1, meeting.
I have also attached the original of the ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant and
appropriate departments.
If you have any questions please advise.
ms~f Z:IWorIcIMlMeridianlMeridian 15360MIstA,ls RZOIOCUPd5b1C1kLtrCUPffcls~4rder56
BEFORE THE MERIDLAN CITY COUNCIL
C,/C 02-20-O1
IN THE MATTER DF THE
REQUEST FDR CONDITIONAL
USE PERMIT FOR A PLANNED
UNIT DEVELOPMENT FOR
PROPOSED AMBULATORY
CARE CENTER, ZONED L~O
AND LOCATED AT THE
SOUTHEAST CORNER of TEN
MILE ROAD AND CHERRY
LANE, MERIDIAN, IDAHO
Case No. CUP~04-05 6
FINDINGS of FACT AND
CONCLUSIONS OF LAw AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
SAINT ALPHONSUS REGIONAL
MEDICAL CENTER,
APPLICANT.
The above entitled conditional use permit application having come before
the City Council on February ~0, Z00 ~ , at the hour of b:3D p.m., at Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing and testifying on behalf of the
Applicant was were NZike Ondracelc, Darrell Fugate, Doug Racine and Wes Smith, and
appearing in favor of the application was Dennis Durant, and those appearing in
opposition, with comments and/or concerns were: Dwayne Lingel, Penny Hanson, Brian
z~.ndell, and Robert ~Morrision, and the City Council having duly considered the evidence
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056)
_~
and the record in this matter and the Recommendations to City Council issued by the
Planning and Zoning Commission who conducted a public hearing and the Council having
heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and
Decision and Order to-wit:
FINDINGS GF FACT
l . A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for February 20,
2001, before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
February Za, boa ~ , public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in zdaho Code §67-65a~, b5 ~ 2, and Meridian City Code §§ ~ ~ - ~ 5-5 and ~ ~ - ~ 7-5 as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 2
evidenced by the Af~zdavit of Mailing, and the Affidavit of Publication and Proof of
Posting Bled with the staff report.
3. This proposed development request is in an R-4 zone, by reason of the
provisions of the Meridian City Code § 11- ~ 7-4, a public hearing was required before the
City Council on this application.
4. The property is located at the southeast corner of Ten Mile Road and
Cherry Lane, Meridian, ~daha.
S. The owner of record of the subject property is Saint Alphonsus Regional
Medical Center of Boise, Zdaho.
6. Applicant is the owner of record.
7. The subject property is currently zoned R-4. There xs currently an
application before the City Council for a rezone to L-~. The zoning district of L-0 is
defined within the City of Meridian Zoning and Development ordinance, Section ~ ~-7-2.
8. The proposed application requests a conditional use permit for a planned
unit development for an ambulatory care center. The L-~ zoning designation within the
City of Meridian Zoning and Development Ordinance requires a conditional use permit
be obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and De~relopment ordinance, Section ~ i-S-~}.
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRt1NTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 3
~0. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City ordinance.
~ 1. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles ~ I and l2, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the ordinance establishing the impact Area Boundary.
~ ~. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon services delivered by political subdivisions providing services to the
subject real property within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
~ ~. X Sanitary sewer service to this site is proposed to come from existing mains
located in Ten Mile Road and water service from the existing mains on
the north side of Cherry Lane and in Ten Mile Road, Main sizing and
routing shall be coordinated through the Public Vl~orlcs Dept. as part of
the construction plan process. Applicant will be responsible to construct
the sewer and water mains to and through this proposed development.
Applicant shall provide the Public works department with information on
anticipated fire flow and domestic water requirements far the proposed
site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 4
X 2.2 Zn accordance with City Ordinance ~ ~ - ~ 3-4.B.2., underground year-round
pressurized irrigation must be provided to all landscape areas on site.
Applicant shall submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or
well water for the primary source. zf City water is proposed as a secondary
source, developer shall be responsible to pay water assessments for the
landscaped areas.
~ 2.3 Zn accordance with ACHD's special recommendation to the City of
NZeridian, Staff recommends that St. Alphonsus provide an Alternative
Transportation Program for employees and provide an annual report to
ACRD on employee participation.
12.4 The Applicant is proposing to adjust the existing parcel lines in order to
create three (3) different parcels -Parcel 1 (2.77 acres), Parcel2 (5 acres)
and the bank parcel (1.1 acres). The Applicant's intent is to maintain
the property configuration in two parcels. Applicant intents to create the
bank parcel by reconfiguring the lot lines instead of a lot line adjustment
application or a record of survey.
12.5 The Site Plan (Sheet SD-lA) shows a 30-foot entry drive along the south
property boundary from Ten Mile Road into the site interior. Fifteen (15 )
parking stalls are proposed along this boundary, all of which would take
direct access off the driveway, but the Applicant shall reduce the number
of parking stalls along the south boundary line adjacent to the Ten Mile
Road access to eliminate conflict between cars entering the site and cars
backing out of these spaces. Applicant has eliminated (3) spaces to allow
fora 100-foot long internal stack space per the traffic engineer.
12.6 The trash enclosures shall be placed near the bank parcel to the east to
allow for waste truck access.
12.7 The compactor at the south end of the service dock should be screened
with a block wall or other effective sound barrier to prevent noise
pollution to the south.
12.8 The landscape ordinance prohibits evergreen trees within street buffers.
There are several evergreens proposed along Cherry Lane. These trees
shall be removed and replaced with deciduous trees. Applicant shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 5
submit a revised landscape. The evergreens proposed along the east and
southern boundaries are allowed and approved as submitted.
~ 2.9 The Applicant shall add a 6-foot high, vertical wood slat fence along the
southerly property line abutting the residential properties,
12.10 The Applicant is not proposing a specific tenant at this time for the bank
pad shown at the west end of the site. The bank pad with drive-thru is
shown as a concept only - no proposed building elevations were
submitted. The Applicant is requesting the City to approve the location
and use of the proposed bank as a part of this CUP/PUD application. At a
future date, they will provide detailed building elevations and floorplans
under the staff-level building permit approval process. The following
conditions are placed on the proposed bank pad and are included as
conditions of the rezone Development Agreement:
a. The bank parcel, as configured, has been shown for conceptual
approval within the context of the proposed rezone. zf there are
significant modifications, as determined by staff, at the time a
specific bank and site canfxguration are determined, such
modifications shall require application for a modification of the
current CUPIPUD application. As a modification, the bank parcel
shall be reviewed on its own merit and either approved or denied
without jeopardizing or compromising the approval of the current
CUPIPUD application for Saint Alphonsus Medical ~ffxce
wilding. Significant modxfxcatxons will include, but not be limited
to, expansion of the total building square footage, addition of any
drive-thru aisles, change in building height ~e.g. anything above
single story}, etc.
Additionally, in the event a bank project does not materialize, then
applicant shall be allowed to develop any other principally allowed
L-Q use on that parcel, subject to staff s review and approval. Zf
the nature of such a development were determined by staff to
exceed the conceptual intent of the current CUPIPUD, then that
change would also require a modification as noted above, To
clarify, any such modification shall be reviewed on its own merit.
To clarify, the bank parcel is conceptual at this point. Any future
development or action on this parcel is intended to be independent
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 6
of the current application and approvals, specifically the
ambulatory care/medical office building portion. The bank parcel,
in no way, shall jeopardize the ability to proceed with the balance
of the development.
b. The construction materials for the proposed bank must include
metal roofing and either brick or brick veneer. The material color
palette presented are conceptual at this time. Applicant has
freedom to modify colors in the future, subject to staff's review.
c. All required parking stalls must be located within the boundaries of
the fixture bank parcel. As proposed, the row of nine (9) stalls
along the east boundary of the bank parcel have no access to the
bank. A pedestrian crossing through the landscape planter must be
constructed to connect this row of parking with the bank if these
stalls are required as part of the future bank. Applicant has
updated the Master Site Development Plan providing an access
point through the landscape berm along the east property line of
the bank parcel to allow more direct access from these (9) parking
stalls to the bank.
12.11 The 25-foot perimeter landscaping buffer on Ten Mile Road and the 35-
foot buffer on Cherry Lane abutting the proposed bank pad must be
planted as a part of the medical center phase and either be completed or
bonded for completion prior to Certificate of Occupancy on the medical
center buildings.
12.12 The proposed boulevard monument sign in the main entry landscape
median must be constructed outside the clear vision triangle and should
be setback a minimum of five (5) feet from the property line.
~ 2. ~ 3 .As a PUD, a minimum of ~ D% of the gross land area must be either open
space or landscaped area. The Site Plan shows a total of ~ ~ X,397 s.f. of
landscaped area on the site, which exceeds the City's minimum area
requirement.
i 2. ~ 4 off street parlang shall be provided in accordance with Section ~ i - i 3 of
the City of Meridian Zoning and Development ordinance andlor as
detailed insite-specific requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 7
~ 2.15 Paving and striping shall be in accordance with the standards set forth in
Sections 11- ~ 3-4.D. and 11-13-4.E. of the City of NZeridian Zoning and
Development Ordinance and in accordance with Americans With
Disabilities Act DADA} requirements.
12.16 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
~ Ord. 55 7, 10-1-9 i }for all off street parking areas. All site drainage shall
be contained and disposed of on-site.
12.17 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C.
12.1 S Any existing domestic wells andlor septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-5 . 'Wells may be used for non-domestic purposes
such as landscape irrigation.
12.19 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13 . Plans will need to be approved by
the appropriate irrigationldrainage district, or lateral users association,
v~i.th written confirmation of said approval submitted to the Public Works
Department.
12.20 Provide a minimum of one ~ 1 }two-inch ~2"} caliper tree per 1,500 sq. ft.
of asphalt area on the site in accordance with City Ordinance Section 11-
13-4.B.3.c.
12.21 All trash andlor garbage collection areas shall be enclosed on at least three
~3 } sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company ~SSC} and provide a letter of approval from
SSC to the Planning ~ Zoning Department prior to applying for building
permits ,
12.22 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.Z~.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 8
X2.23 All signage shall be in accordance with the standards set forth in Section
i i - ~ 4 of the City Zoning and Development Ordinance.
z 2.24 All construction shah conform to the requirements of the Americans with
Disabilities Act.
12.25 The "Hours of Business Operation" shall be defined as "Hours during
which the facility is actually open for business and patients are on the
premises being seen or treated." Additionally, to clarify facility
maintenance, before or after hours staff preparation or other similar
activities occurring when the facility is not open for business are not
subject to "Hours of Business Operation" restrictions.
Adopt the Recommendations of the Central District Health Department as follows:
12.27 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 duality.
12.28 Run-off is not to create a mosquito breeding problem.
12.29 Stonnwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
12.30 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the ACHD as imposed upon the rezone
application, (RZ-00-010), as follows:
~ 2.31 Canstruct a 30 to 35-foot wide right-inlright-out driveway on Ten Mile
Road located approximately 220-feet south of the signalized intersection
at Cherry Lane as proposed. Construct asix-inch raised median in the
center of T`en Mile Road, from a point 10-feet south of the stop bar at the
intersection to a point approximately 40-feet south of the southern edge
of driveway. The median shall be constructed to NOT restrict the existing
driveways on Ten Mile Road. Coordinate the design and location of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRt1NTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 9
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 Construct a 30 to 35-foot wide right-inlright-out driveway on Cherry
Lane lacated approximately 230-feet east of the signalized intersection at
Ten Mile Road as proposed. Construct anon-site median to restrict the
driveway to right-inlright-out operations. Submit a design of the median
to the District's Traffic Service's Supervisor for review and a letter of
approval. Sign the driveway for right turn movements. The applicant may
construct this driveway a ma~.mum width of 40-feet to accommodate the
on-site median.
X2.33 Construct a 4b-foot wide driveway on Cherry Lane lacated to align or
offset a minimum of ~ 50-feet from any existing or proposed driveways.
Submit a site plan that indicates existing driveway locations on the north
side of Cherry Lane to verify that the proposed driveway meets District
policy. The eastern most driveway on Cherry Lane shall be shifted
approximately 60 feet to the east to accommodate this policy. The
revised Master Site Development Plan reflects this change. An island is
required within the driveway and should be constructed a minimum of 4-
feetwide and located outside of the public right-of way.
X2.34 Construct a 3o to 35-foot wide driveway on Cherry Lane located to align
or offset a minimum of ~ 50-feet from any existing or proposed driveways.
Submit a site plan that indicates existing driveway locations on the north
side of Cherry Lane to verify that the proposed driveway meets District
policy.
~ 2.35 Pave all of the driveways their full width and at least 30-feet into the site
beyond the edge of pavement with ~ 5-foot curb radii.
~ 2.3 6 Replace any unused curb cuts on Ten Mile Road or Cherry Lane with
standard curb, gutter and concrete sidewalk to match existing
improvements.
12.37 Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten
Mile Road with new curb, gutter and/or concrete sidewallc to match
existing improvements. Segments to be replaced shall be determined by
ACHD Construction Services staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 10
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x 2.3 S Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
X2.39 Qther than the access points specifically approved with this application,
direct lot or parcel access to Ten Mile Road or Cherry Lane is prohibited.
Adopt the additional action of the Council from their February 20, 2001,
meeting by incorporating the Applicant's letter of 02/12/01 as follows:
12.40 Pertaining to the site lighting, the application shall comply with the
ordinance requirements, and specifically, the site lighting shall be
designed so that light does not directly reflect or spill over into adjacent
residential districts, that the site lighting arrangement shall be approved
by the City Engineer and that applicant comply with the listed site
lighting standards. A Conceptual Site Lighting Plan has been submitted
to show the proposed site lighting arrangements, light levels and fixture
types, and is on file with the City Clerk's office.
~3. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
.Meridian Zoni~.g and Development Ordinance because:
~3. ~ The subject property is designated an the "Generalized Land Use Map" as
"Existing Urban".
14. T'he uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
~ 5. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 11
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~ 6. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
~ 7. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traf~`zc, noise, smoke, fumes, glare or odors.
~ 8. The development well not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
C~NCLUSz~NS 4F LAw
~ . The City of Meridian shall exercise the powers conferred upon it by the
"Local hand Use Planning Act of ~ 975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Zdaho Code ~z.C. §67-6503.
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adapt ordinances by the establishment
of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section
67-6504 which the City Council of the City of Meridian has established by the passage
of the "City of Meridian Zoning and Development ordinance" at Titles ~ and xIZ,
Chapter ~, Meridian City Cade.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 12
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process Of special andlor conditional use
permits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and that the proposed development: (Meridian City Code § 11-17-3 )
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use wi11 not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Wi11 be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
FINDINGS GF FACT AND CDNCLUSZQNS OF LAW AND DECZSZGN
AND ORDER GRANTING CONDITIaNAL USE PERMIT
BY SAINT ALPHGNSUS REGZGNAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 13
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in an Limited office District
(L-O), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet X300'} of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § i ~- ~ 7-5 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 sha11 follow notice and hearing procedures provided in
Chapter ~ 5 of this Title. Provided, however, that conditional use applications
for land in old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
Zoning Commission; and after the recommendation of the Commission is
made, the application shall go before the City Council without a public hearing
and the Council may approve, deny, or modify the recommendation of the
Commission."
b. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY Ct1RE CENTER ZONED L-O / (CUP-00-056) - 14
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Meridian Zoning and Development ordinance, and Idaho State law. Meridian City
Code § 11-17-6)
7. tiVhen the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact an other development;
B . Contral the sequence and timing of development;
C. Control the duration of development;
D. fissure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities ar services; and
G. Require more restrictive standards than those generally required, in this
ordinance.
S. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 2 ~ ,
~ 993, ord. 629, January 4, ~ 994 and Maps.
DECZSZ~N AND ORDER
GRANTING C~NDZT~~NAL USE ~'ERMZT SUBJECT T~ C~NDZTZ~NS
NGw, THEREFORE, BASED U~'~N THE ABGVE AND FGREGnZNG FINDINGS
~F FACT AND C~NCLUSZONS ~F LAW, the City Council does hereby GRDER
and this does order that:
1. That the above named applicant is granted a conditional use permit for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRt1NTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 15
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a planned unit development for an ambulatory care center, subject to the following
conditions of use and development:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
~ . ~ Sanitary sewer service to this site is proposed to come from existing mains
located in Ten Mile Road and water service from the e~sting mains on
the north side of Cherry Lane and in Ten Mile Road. Main sizing and
routing shall be coordinated through the Public Vl~orlcs Dept. as part of
the construction plan process. Applicant will be responsible to construct
the sewer and water mains to and through this proposed development.
Applicant shall provide the Public works department with information on
anticipated fire flow and domestic water requirements for the proposed
site.
~ . 2 Zn accordance with City ordinance ~ i - ~ 3 -4. B . ~ ., underground year-round
pressurized irrigation must be provided to all landscape areas on site.
Applicant shall submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or
well water for the primary source. zf City water is proposed as a secondary
source, developer shall be responsible to pay water assessments for the
landscaped areas.
~ .3 Xn accordance with ACHD's special recommendation to the City of
.Meridian, Staff recommends that St. Alphonsus provide an Alternative
Transportation Program for employees and provide an annual report to
ACHD on employee participation.
1.4 The Applicant is proposing to adjust the existing parcel lines in order to
create three (3) different parcels -Parcel 1 (2.77 acres), Parcel2 (5 acres)
and the bank parcel (1.1 acres). The Applicant's intent is to maintain
the property configuration in two parcels. Applicant intents to create the
bank parcel by reconfiguring the lot lines instead of a lot line adjustment
application or a record of survey.
1.5 The Site Plan (Sheet SD-lA) shows a 30-foot entry drive along the south
property boundary from Ten Mile Road into the site interior. Fifteen (15)
parking stalls are proposed along this boundary, all of which would take
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
.AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 16
direct access off the driveway, but the Applicant shall reduce the number
of parking stalls along the south boundary line adjacent to the Ten Mile
Road access to eliminate conflict between cars entering the site and cars
backing out of these spaces. Applicant has eliminated (3) spaces to allow
fora 100-foot long internal stack space per the traffic engineer.
1.6 The trash enclosures shall be placed near the bank parcel to the east to
allow for waste truck access.
~ .7 The compactor at the south end of the service dock should be screened
with a block wall or other effective sound barrier to prevent noise
pollution to the south.
1.8 The landscape ordinance prohibits evergreen trees within street buffers.
There are several evergreens proposed along Cherry Lane. These trees
shall be removed and replaced with deciduous trees. Applicant shall
submit a revised landscape. The evergreens proposed along the east and
southern boundaries are allowed and approved as submitted.
1.9 The Applicant shall add a 6-foot high, vertical wood slat fence along the
southerly property line abutting the residential properties.
~ . ~ o The Applicant is not proposing a specific tenant at this time for the bank
pad shown at the west end of the site. The bank pad with drive-thru is
shown as a concept only - no proposed building elevations were
submitted. The Applicant is requesting the City to approve the location
and use of the proposed bank as a part of this CCJPIPUD application. At a
future date, they will provide detailed building elevations and floorplans
under the staff-level building permit approval process. The following
conditions are placed on the proposed bank pad and are included as
conditions of the rezone Development Agreement:
a. The bank parcel, as configured, has been shown for conceptual
approval within the context of the proposed rezone. zf there are
significant modifications, as determined by staff, at the time a
specific bank and site conb.guration are determined, such
modifications shall require application for a modification of the
current CUP/PUD application..A.s a modification, the bank parcel
shall be reviewed on its own merit and either approved or denied
without jeopardizing or compromising the approval of the current
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 17
CUPIPUD application for Saint Alphonsus Medical ~f~ice
Building. Significant modifications will include, but not be limited
to, expansion of the total building square footage, addition of any
drive-thru aisles, change in building height ~e.g. anything above
single story}, etc.
Additionally, in the event a bank project does not materialize, then
applicant shall be allowed to develop any other principally allowed
~W~ use on that parcel, subject to staff's review and approval. zf
the nature of such a development were determined by staff to
exceed the conceptual intent of the current CU~'I~UD, then that
change would also require a modification as noted above. To
clarify, any such modification shall be reviewed on its own merit.
Ta clarify, the bank parcel is conceptual at this point. Any future
development or action on this parcel is intended to be independent
of the current application and approvals, specifically the
ambulatory care~medical office building portion. The bank parcel,
in noway, shall jeopardize the ability to proceed with the balance
of the development.
b. The construction materials for the proposed bank must include
metal roofing and either brick or brick veneer. The material color
palette presented are conceptual at this time. Applicant has
freedom to modify colors in the future, subject to staff s review.
c. All required parking stalls must be located within the boundaries of
the future bank parcel. As proposed, the row of nine (9) stalls
along the east boundary of the bank parcel have no access to the
bank. A pedestrian crossing through the landscape planter must be
constructed to connect this row of parking with the bank if these
stalls are required as part of the future bank. Applicant has
updated the Master Site Development Plan providing an access
point through the landscape berm along the east property line of
the bank parcel to allow more direct access from these (9) parking
stalls to the bank.
1.11 The 25-foot perimeter landscaping buffer on Ten Mile Road and the 35-
foot buffer on Cherry Lane abutting the proposed bank pad must be
planted as a part of the medical center phase and either be completed or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 18
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bonded for completion prior to Certificate of Occupancy on the medical
center buildings.
~ . ~ 2 The proposed boulevard monument sign in the main entry landscape
median must be constructed outside the clear vision triangle and should
be setback a minimum of five ~5 } feet from the property line.
~ . ~ 3 As a PUD, a minimum of ~ o% of the gross land area must be either open
space or landscaped area. The Site Plan shows a total of 111,397 s.f. of
la~.dscaped area on the site, which exceeds the City's minimum area
.
requirement.
1.14 Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
1.15 Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development ordinance and in accordance with Americans with
Disabilities Act DADA} requirements.
1.16 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
~ ord. 55 7, 10-1-91 }for all off street parking areas. All site drainage shall
be contained and disposed of on-site.
1.17 outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
ordinance Section ~ ~ - ~ 3 -4. C.
1.1 S Any existing domestic wells andlor septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-5.Wells may be used for non-domestic purposes
such as landscape irrigation.
1.19 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 19
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with written confirmation of said approval submitted to the Public Worlcs
Department.
~ .20 Provide a minimum of one ~ ~ }two-inch ~2 "} caliper tree per ~ ,50o sq. ft.
of asphalt area on the site in accordance with City ordinance Section X ~ -
~ 3-4.B.3.c.
1.21 All trash and/or garbage collection areas shall be enclosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from
SSC to the Planning & Zoning Department prior to applying for building
permits.
~ .22 Provide five-foot-wide sidewalks in accordance with City ordinance
Section 12-5-2.ZC.
~ .23 All signage shall be in accordance with the standards set forth in Section
~ ~ - X 4 of the City Zoning and Development ordinance.
i .24 .All construction shall conform to the requirements of the Americans with
Disabilities Act.
~ .25 The "Hours of Business operation" shall be defined as "Hours during
which the facility is actually open for business and patients are on the
premises being seen or treated." Additionally, to clarify facility
maintenance, before or after hours staff preparation or other similar
activities occurring when the facility is not open for business are not
subject to "Hours of Business operation" restrictions.
Adopt the Recommendations of the Central District Health Department as follows:
1.27 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.
~ .28 Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 20
4
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1.29 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.30 Tk~e Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the ACHD as imposed upon the rezone
application, ~RZ-o0-0 ~ off, as follows:
~ .3 ~ Construct a 3o to 35-foot wide right-in/right-out driveway on Ten Mile
Road located approximately 22o-feet south of the signalized intersection
at Cherry Lane as proposed. Construct asix-inch raised median in the
center of Ten Mile Road, from a point ~ 0-feet south of the stop bar at the
intersection to a point approximately 4o-feet south of the southern edge
of driveway. The median shall be constructed to NOT restrict the existing
driveways on Ten Mile Road. 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.
i .32 Construct a 30 to 3S-foot wide right-inlright-out driveway on Cherry
Lane located approximately 230-feet east of the signalized intersection at
Ten Mile Road as proposed. Construct an on-site median to restrict the
driveway to right-in/right-out operations. Submit a design of the median
to the District's Traffic Service's Supervisor for review and a letter of
approval, Sign the driveway for right turn movements. The applicant may
construct this driveway a maximum width of 4o-feet to accommodate the
on-site me ran.
1.33 Construct a 4b-foot wide driveway on Cherry Lane located to align or
ofxset a minimum of ~5o-feet from any existing or proposed driveways.
Submit a site plan that indicates existing driveway locations on the north
side of Cherry Lane to verify that the proposed driveway meets District
policy. The eastern most driveway on Cherry Lane shall be shifted
approximately 6o feet to the east to accommadate this policy. The
revised Master Site Development Plan reflects this change..An island is
required within the driveway and should be constructed a minimum of 4-
fePtwide and located outside of the public right-of-way.
FINDINGS OF FF.CT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATOF~Y CARE CENTER ZONED L-O / (CUP-00-056) - 21
~ .34 Construct a 30 to 35-foot wide driveway on Cherry Lane located to align
or offset a minimum of ~ 50-feet from any existing or proposed driveways.
Submit a site plan that indicates existing driveway locations on the north
side of Cherry Lane to verify that the proposed driveway meets District
po icy.
~ .35 Pave all of the driveways their full width and at least 30-feet into the site
beyond the edge of pavement with ~5-foot curb radix.
~ .3 ~ Replace any unused curb cuts on Ten Mile Road or Cherry Lane with
standard curb, gutter and concrete sidewalk to match existing
improvements.
1.37 Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten
IVlile Road with new curb, gutter and/or concrete sidewalk to match
existing improvements. Segments to be replaced shall be deternuned by
ACHD Construction Services staff.
~ .3 S Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
~ .39 ether than the access points specifically approved with this application,
direct lot or parcel access to Ten Mile Road or Cherry Lane is prohibited.
Adapt the additional action of the Council from their February 20, 200 i ,
meeting by incorporating the Applicant's letter of 02/i 210 ~ as follows:
1.40 Pertaining to the site lighting, the application shall comply with the
ordinance requirements, and specifically, the site lighting shall be
designed so that light does not directly reflect or spill over into adjacent
residential districts, that the site lighting arrangement shall be approved
by the City Engineer and that applicant comply with the listed site
lighting standards. A Conceptual Site Lighting Plan has been submitted
to show the proposed site lighting arrangements, light levels and fixture
types, and is on file with the City Clerk's office.
2. Tree conditions shall be reviewable by the Council pursuant to Meridian
City Code § 11-17-9.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056) - 22
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerlc
and then a copy served by the Clerlc upon the applicant, the Planning and Zoning
Department, the Public Worlcs Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which maybe adversely affected by the issuance
or denial of the conditional use permit may within twenty-eight (28) days after the
date of this decision and order seek a judicial review as provided by Chapter 52, Title
67, Zdaho Code.
/_' ~dc
By action of the City Council at its regular meeting held on the C1
day of ~V , 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED__~~~~-
COUNCILMAN KEITH BIRD VOTED--~~~~'
FINDINGS OF FRCT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPH~NSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATOF.Y CARE CENTER ZONED L-O / (CUP-00-056) - 23
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE McCANDLESS VOTED_ 'v~~~
MAYOR RQBERT D. C~RRIE ~TZE BREAZCER} VOTED
DATED: -~ ~~
M~TZ~N:
APPROVED: DISAPPROVED:
Copy served upon Applicant, Punning and Zoning Department, Pubic W or~cs
Department and the City Attorney. ~~k#,,,,~,~~~~~rrct~,,~E.
~ ~
B~ a
City C~er~~
Dated: J ~~~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR
AN AMBULATORY CARE CENTER ZONED L-O / (CUP-00-056)
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BEFORE THE MERYD~AN CITY COUNCIL
C/C 02-20-01
IN THE MATTER OF THE APPLICATION OF )
SAINT ALPHONSUS REGIONAL MEDICAL )
CENTER FOR A CONDITIONAL USE PERMIT )
FOR A PLANNED UNIT DEVELOPMENT FOR )
PROPOSED AMBULATORY CARE CENTER, )
ZONED L-O AND LOCATED AT THE )
SOUTHEAST CORNER OF TEN MILE ROAD )
AND CHERRY LANE, MERIDIAN, IDAHO )
CASE Na. CUP-UU-~5 ~
ORDER ~F
CDNDXTIDNAL
APPROVAL DF
C~NDITI~NAL USE
PERMIT
This matter coming before the City Council on the ZO~h day of February,
ZOO I ,under the provisions of Meridian City Code § ~ 1-17-4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
X . That the Applicant of the property is granted a conditional use permit for a
planned unit development for an ambulatory care center, the proposed application
request of a conditional use permit for the construction, development, maintenance
and use for an ambulatory care center, as described in the M.A.STER SITE
DEVELOPMENT PLAN - OPTION A, PROPOSED DEVELOPMENT FOR:
A.MBULA.TORY SERVICES CENTER, SAINT ALPHONSUS REGIONAL
MEDICAL CENTER, CHERRY LANE AND TEN MILE, MERIDIAN, IDAHO,
DRAWN: A.DR, DATE: I IIZ7/OO, SOB NO. ZICI39.OI, SHEET SD-IA, BRS
ARCHITECTS, SAINT ALPHONSCJS REGIONAL MEDICAL CENTER, Developer,
ORDER OF CONDITIONAL APPROVAL GF CONDITIONAL USE PERMIT -PAGE 1 GF 10
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR AN
AMBULATORY CARE CENTER ICUP-00-056
for the development of the aforementioned planned unit development for a planned
unit development consisting of an ambulatory care center and which property
description is on file in the City Clerk's office.
2. That the above named applicant is granted a conditional use permit for a
planned unit development for an ambulatory care center, located at the southeast
corner of Ten Mile Road and Cherry Lane, Meridian, Zdaho, subject to the following
conditions of use and development:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
2. ~ Sanitary sewer service to this site is proposed to come from existing
mains located in Ten Mile Road and water service fram the existing
mains on the north side of Cherry Lane and in Ten Mile Road. Main
sizing and routing shall be coordinated through the Public Worlcs Dept.
as part of the construction plan process. Applicant will be responsible to
construct the sewer and water mains to and through this proposed
development. Applicant shall provide the Public works department with
information on anticipated fire flow and domestic water requirements
for the proposed site.
2.2 In accordance with City Ordinance 11-13-4.B.2., underground year-
round pressurized irrigation must be provided to a111andscape areas on
site. Applicant shall submit hook-up and design details based on the
proposed landscaping. Applicant shall be required to utilize any existing
surface or well water for the primary source. If City water is proposed as
a secondary source, developer shall be responsible to pay water
assessments for the landscaped areas.
2.3 In accordance with ACHD's special recommendation to the City of
Meridian, Staff recommends that St. Alphonsus provide an Alternative
Transportation Program for employees and provide an annual report to
ACHD on employee participation.
2.4 The Applicant is proposing to adjust the existing parcel lines in order to
create three (3) different parcels -Parcel 1 (2.77 acres), Parcel 2 (S
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 14
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR AN
AMBULATORY CARE CENTER 1 CUP-44-456
acres) and the bank parcel (1.1 acres). The Applicant's intent is to
maintain the property configuration in two parcels. Applicant intents to
create the bank parcel by reconfiguring the lot lines instead of a lot line
adjustment application or a record of survey.
2.5 The Site Plan (Sheet SD-lA) shows a 30-foot entry drive along the
south property boundary from Ten Mile Road into the site interior.
Fifteen (15) parking stalls are proposed along this boundary, all of
which would take direct access off the driveway, but the Applicant shall
reduce the number of parking stalls along the south boundary line
adjacent to the Ten Mile Road access to eliminate conflict between cars
entering the site and cars backing out of these spaces. Applicant has
eliminated (3) spaces to allow fora 100-foot long internal stack space
per the traffic engineer.
2.6 The trash enclosures shall be placed near the bank parcel to the east to
allow for waste truck access.
~.7 The compactor at the south end of the service daclc should be screened
with a block wall or other effective sound barrier to prevent noise
pollution to the south.
2.8 T1ne landscape ordinance prohibits evergreen trees within street buffers.
There are several evergreens proposed along Cherry Lane. These trees
shall be removed and replaced with deciduous trees. Applicant shall
submit a revised landscape. The evergreens proposed along the east and
southern boundaries are allowed and approved as submitted.
~.9 The Applicant shall add a 6-foot high, vertical waod slat fence clang the
southerly property line abutting the residential properties.
2.10 The Applicant is not proposing a specific tenant at this time for the
bank pad shown at the west end of the site. The bank pad with drive-
thru is shown as a concept only - no proposed building elevations were
submitted. The Applicant is requesting the City to approve the location
and use of the proposed bank as a part of this CUP/PUD application. At
a future date, they will provide detailed building elevations and
ORDER OF CONDITIONAL APPROVAL 4F CONDITIONAL USE PERMIT -PAGE 3 OF 10
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR AN
AMBULATORY CARE CENTER 1 CUP-00-056
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floorplans under the staff-level building permit approval process. The
following conditions are placed on the proposed bank pad and are
included as conditions of the rezone Development Agreement:
a. The bank parcel, as configured, has been shown for conceptual approval
within the context of the proposed rezone. zf there are significant
modifications, as determined by staff, at the time a specific bank and
site configuration are determined, such modifications shall require
application for a modification of the current CUPIPUD application. As
a modification, the bank parcel shall be reviewed on its own merit and
either approved or denied without jeopardizing or compromising the
approval of the current CCJPIPUD application for Saint Alphonsus
Medical office Building. Significant modifications will include, but not
be limited to, expansion of the total building square footage, addition of
any drive-thru aisles, change in building height ~e.g. anything above
single story}, etc.
Additionally, in the event a bank project does not materialize, then
applicant shall be allowed to develop any other principally allowed L-~
use on that parcel, subject to staff s review and approval. Zf the nature
of such a develaprnent were determined by staff to exceed the
conceptual intent of the current CUPIPUD, then that change would also
require a modification as noted above. To clarify, any such
modification shall be reviewed on its own merit.
To clarify, the bank parcel is conceptual at this point. Any future
development or action on this parcel is intended to be independent of
the current application and approvals, specifically the ambulatory
carelmedical office building portion. The bank parcel, in no way, shall
jeopardize the ability to proceed with the balance of the development.
b. The construction materials for the proposed bank must include metal
roofing and either brick or brick veneer. The material color palette
presented are conceptual at this time. Applicant has freedom to modify
colors in the future, subject to staff's review.
QRDER OF C4NDITIGNAL APPRQVAL OF CONDITInNAL USE PERMIT -PAGE 4 4F 10
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FQR AN
AMBULATQRY CARE CENTER 1 CUP-~4Wa56
c. All required parking stalls must be located within the boundaries of the
future bank parcel. As proposed, the row of nine (9) stalls along the east
boundary of the bank parcel have no access to the bank. A pedestrian
crossing through the landscape planter must be constructed to connect
this row of parking with the bank if these stalls are required as part of
the future bank. Applicant has updated the Master Site Development
Plan providing an access point through the landscape berth along the
east property line of the bank parcel to allow more direct access from
these (9) parking stalls to the bank.
2.11 The 25-foot perimeter landscaping buffer on Ten Mile Road and the 35-
foot buffer on Cherry Lane abutting the proposed bank pad must be
planted as a part of the medical center phase and either be completed or
bonded for completion prior to Certificate of Occupancy on the medical
center buildings.
2. X 2 The proposed boulevard monument sign in the main entry landscape
median must be constructed outside the clear vision triangle and should
be setback a minimum of five ~5 } feet from the property line.
2. z 3 As a PUD, a minimum of ~ o% of the gross land area must be either
open space or landscaped area. The Site Plan shows a total of x Z 1,397
s.f. of landscaped area on the site, which exceeds the City's minimum
area requirement.
2. ~ 4 Dff street parking shall be provided in accordance with Section ~ 1- i 3 of
the City of Meridian Zoning and Development Ordinance andlor as
detailed in site-specific requirements.
2. ~ S Paving and striping shall be in accordance with the standards set forth
in Sections 1 ~ -13-4.D. and ~ ~ - ~ 3-4.E. of the City of Meridian Zoning
and Development ordinance and in accordance with Americans with
Disabilities Act DADA} requirements.
2. X 6 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
ORDER OF CONDITIONAL APPROVAL OF CGNDITI4NAL USE PERMIT -PAGE 5 GF 10
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR AN
AMBULATORY CARE CENTER 1 CUP-00-056
4
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1
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
2. z 7 outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City ordinance Section ~ i-~3-4.C.
Z. i S Any existing domestic wells andlor septic systems within this project will
have to be removed from their domestic service per City ordinance
Section 9-~-4 and 9-~-5. Wells maybe used for non-domestic purposes
such as landscape irrigation.
~. ~ 9 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing ar lying adjacent and contiguous to the parcel shall
be tiled per City ordinance ~ 2-4- X 3. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public
Works Department.
2.2~ Provide a minimum of one ~ ~ }two-inch ~Z"} caliper tree per ~,50o sq.
ft. of asphalt area on the site in accordance with City ordinance Section
1 X-X3-4.B.3.c.
2.21 All trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements
with Sanitary Service Company (SSC) and provide a letter of approval
from SSC to the Planning &. Zoning Department prior to applying for
building permits.
Z.Z2 Provide five-foot-wide sidewalks in accordance with City ordinance
Section i2-5-~.Z~.
2.23 All signage shall be in accordance with the standards set forth in Section
~ i - ~ 4 of the City Zoning and Development ordinance.
ORDER OF CONDITIONAL APPROVAL GF CONDITIONAL USE PERMIT -PAGE 6 4F 10
BY SAINT ALPH4NSUS REGIONAL MEDICAL CENTER FQR AN
AMBULATORY CARE CENTER lCUP-00-056
2.24 .A11 construction shall conform to the requirements of the Americans
with disabilities Act.
2.25 The "Hours of Business operation" shall be defined as "Hours during
which the facility is actually open for business and patients are on the
premises being seen or treated." Additionally, to clarify facility
maintenance, before or after hours staff preparation or other similar
activities occurring when the facility is not open for business are not
subject to "Hours of Business operation" restrictions.
Adopt the Recommendations of the Central district Health Department as (allows:
2.27 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health ~
~VVelfare, division of Environmental 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 management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the ACRD as imposed upon the rezone
application, (RZ-00-010), as follows:
2.3 ~ Construct a 30 to 35-foot wide right-in/right-out driveway on Ten Mile
Road located appro~.mately 220-feet south of the signalized intersection
at Cherry Lane as proposed. Construct asix-inch raised median in the
center of Ten Mile Road, Pram a point ~0-feet south of the stop bar at
the intersection to a point approximately 40-feet south of the southern
edge of driveway. The median shall be constructed to NAT restrict the
existing driveways on Ten Mile Road. Coordinate the design and
ORDER GF CGNDITICNAL APPROVAL CF CONDITIONAL USE PERMIT -PAGE 7 4F 10
BY SAINT ALPHONSUS REGIGNAL MEDICAL CENTER FOR AN
ANIBULATCRY CARE CENTER 1 CUP-00-OS~
{
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 Construct a 3o to 35-foot wide right-inlright-out driveway on Cherry
Lane located approximately 23o-feet east of the signalized intersection
at Ten Mile Road as proposed. Construct an on-site median to restrict
the driveway to right-in/right-out operations. Submit a design of the
median to the District's Traffic Service's Supervisor for review and a
letter of approval. Sign the driveway for right turn movements. The
applicant may construct this driveway a maximum width of 40-feet to
accommodate the on-site median.
2.33 Construct a 46-foot wide driveway on Cherry Lane located to align or
offset a minimum of 15o-feet from any existing or proposed driveways.
Subunit a site plan that indicates existing driveway locations on the
north side of Cherry Lane to verify that the proposed driveway meets
District policy. The eastern most driveway on Cherry Lane shall be
shifted approximately 60 feet to the east to accommodate this policy.
The revised NZaster Site Development Plan reflects this change. An
island is required within the driveway and should be constructed a
minimum of 4-feet wide and located outside of the public right-of-Way.
2.34 Construct a 3o to 35-foot wide driveway on Cherry Lane located to
align or offset a minimum of ~ 5o-feet from any existing or proposed
driveways. Submit a site plan that indicates existing driveway locations
on the north side of Cherry Lane to verify that the proposed driveway
meets District policy.
2,35 Pave all of the driveways their full width and at least 3o-feet into the
site beyond the edge of pavement with ~ 5-foot curb radii.
2.3 6 Replace any unused curb cuts on Ten Mile Road or Cherry Lane with
standard curb, gutter and concrete sidewalk to match existing
improvements.
ORDER of CONDITIONAL APPROVAL of C4NDITIQNAL USE PERMIT -PAGE 8 of 10
BY SAINT ALPH4NSUS REGIONAL MEDICAL CENTER FQR AN
AN~ULATORY CARE CENTER 1 CUP-00-056
2.3 7 Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or
Ten Mile Road with new curb, gutter and/or concrete sidewalk to match
existing improvements. Segments to be replaced shall be determined by
ACRD Construction Services staff.
2.3 $ Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
2.39 Other than the access points specifically approved with this application,
direct lot or parcel access to Ten Mile Road or Cherry Lane is
prohibited.
Adopt the additional action of the Council from their February 20, 200,
meeting by incorporating the Applicant's letter of OZII ZIO X as follows:
2.40 Pertaining to the site lighting, the application shall comply with the
ordinance requirements, and specifically, the site lighting shall be
designed so that light does not directly reflect or spill aver into adjacent
residential districts, that the site lighting arrangement shall be approved
by the City Engineer and that applicant comply with the listed site
lighting standards. A Conceptual Site Lighting Plan has been submitted
to show the proposed site lighting arrangements, light levels and fixture
types, and is on file with the City Clerk's office.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § ~ ~ - ~ 7-$, a copy of
which is attached to this permit,
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 9 OF 10
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR AN
AMBULATORY CARE CENTER ICUP-00-05 ~
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By action of the City Council at its regular meetzng held on the
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day of
ob ~. Cowie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and City Attorney.
B i~~~ ~ Dated:
Y•
City Cleric
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msgIZ:IV~oxkIMlMeridianlMeridian 15360MIStAIs RZ010CUP0561CUPOrder56
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ORDER 4F CONDITIONAL APPROVAL GF CoNDITI4NAL USE PERMIT -PAGE 10 OF 10
BY SAINT ALPHONSUS REGIONAL MEDICAL CENTER FOR AN
AMBULATORY CARE CENTER 1 CUP-00-056
March l , 201
MERIDIAN CITY COUNCILMEETING
CUP 00-049
March ~, 200
APPLICANT Moun#ain West Bank ITEM NQ,
REQUEST CUP to construct a branch bank with drive~fhru teller in an L-~ zone
at the Magic View Office Complex
~lF ~ ,c ~ ~ ~ o .~
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY ~~.F' ~ G~,e e.~.~. ~h,~.,~
CITY PQLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHQOL DISTRICT:
MERIDIAN PAST QFFICE:
ADA CQUNTY HIGHWAY DISTRICT;
SANITARY SERVICE CQMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATIaN:
SETTLERS IRRIGATIQN:
IDAHQ PaWER:
US WEST:
I NTERM4U NTAI N GAS:
BUREAU GF RECLAMATIQN;
See a~#ached findings
~~
QTH ER:
Contacted: C~~ '~ ~ ~ ~ ~ ' ~-
n ~. ~. Ul ~ Date. Phone,
~~ ~ ~~
Materials presented of public meetings shall become property of the Cify of Meridian.
~,, . .
interoffice
MEMORANDUM
RECEIVED
To: William G. Berg, 7r. MAR - 2 Z~~~
From: William F. Nichols ~ CITY of MERIIDIAN
Subject: Mountain West Bank /Magic View Office Complex
File No.: CUP-Oa-a49
Date: March 1, ZOa~
Will:
Please find attached the originaX FzNDZNGS OF FACT`
C~NCLUSZONS OF IAW AND DECzSZON AND ORDER GRANTING
C~NDZTZONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of
the Council at their February 20, 200 ~ ,meeting. The Findings will be on the
Council's agenda for their March b, 200 ~ ,meeting.
z have also attached the original of the ORDER OF COND~T~ONAL
APPROVAL OF C~NDZTZONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant and
appropriate departments.
If you have any questions please advise.
msglZ:l~orklMlMeridianlMeridian 153bOM1Magic View Office Complex CUPQ491C11cLtrCUP~fcls~order56
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BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-20-01
IN THE MATTER of THE
REQUEST FOR CoNDITIONA,L
USE PERMIT FDR BANIC
BRANCH WITH DRIVE-THRU
TELLER IN L-o ZONE AND
LOCATED AT THE
NORTHWEST CORNER 4F
MAGIC 'VIEW DRIVE AND
ALLEN STREET, MERIDIAN,
IDAHO
Case No. CUP-00-o49
FINDINGS OF FACT AND
CONCLUSIONS DF LAW AND
DECISION AND ORDER
GRANTING CONDITIoNA,L USE
PERMIT
MOUNTAIN WEST BANTA
APPLICANT.
The above entitled conditional use permit application having come before
the City Council on February Zo, ~ooX, at the hour of x.30 p.m., at Meridian City Hall,
33 East Zdaho Street, Meridian, Idaho, and Shari Sues, Planning and Zoning
Administrator, appeared and testified, and appearing and testifying on behalf of the
Applicant were Mike NZcZ~nrlls of Mountain West, Holly Lloyd, NZarty Seger, Jonathan
Seel, and Jim Boyd, and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City
Council issued by the Planning and Zoning Commission who conducted a public hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
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and the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of haw and Decision and order to-wit:
FINDINGS GF FACT
~ . A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for February 20,
200 ~ ,before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
February 20, 2001, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to empress comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 2
3, This proposed development request is in an L-~ zone, by reason of the
provisions of the Meridian City Code § l 1- X 7-4, a public hearing was required before the
City Council on this application.
4. The property is located at the northwest corner of Magic View Drive
and Allen Street, Meridian, Idaho.
5. The owner of record of the subject property is James Boyd of Boise, Idaho.
6. Applicant is Mountain West Bank of Coeur d'Alene.
7. The subject property is currently zoned L-~ Limited Of~.ce. The zaning
District of L-~ is de~.ned within the City of Meridian Zoning and Development
Ordinance, Section i i-7-~.
8. The proposed application requests a conditional use permit for a bank with
a drive-thru window. The L-~ zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section X i -$- i } ,
9. The NZeridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive flan.
iO. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
i i . The Meridian City Council takes judicial notice of its Zoning,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 3
Subdivision and Development ordinances codified at Titles ~ ~ and I2, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the ordinance establishing the impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon services delivered by political subdivisions providing services to the
subject real property within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
~ 2. ~ Sanitary sewer and water service to this site shall be provided via mains
and services that were installed as parr of the recently completed St.
Luke's road extension project and subject to latecomers fees.
12.2 In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Submit hook-up and design details based on the proposed landscaping.
Applicant shall be required to utilize any existing surface or well water for
the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas.
12.3 ordinance i I-4-g.B., "Modification or Amendment of Applications ~r
Uses," allows approved applications, including CUP's, to be amended,
altered or modih.ed through the same procedures as an initial application.
The conditions of the existing CUP do not restrict future modifications.
As an application modification, the Applicant shall provide to the P&,Z
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN ~`vVEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 4
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Commission and Council a list of all existing conditions has outlined in
Item #2, pages i 0- ~ 3, of the CUP Decision and order signed by the City
on 3-7-ao} and state which conditions he wishes to modify or delete vis-a-
vis the subject application. An 81/z x X ~ "copy of the e~.stin~approved
Site Plan for Lot 3 should be attached to this list of proposed
modib.cations. The Applicant shall also provide a conceptual Site Plan of
how the proposed bank plan/layout will interface with the existing plan
for the entire lot.
X2.4 The Site Plan shows six ~G} new trees within a 5-foot planter strip along
the eastern property boundary. Zt appears these trees maybe in a Nampa
Meridian Irrigation District easement. Trees are not permitted within
NMZD's easements. Applicant shall verify NMZD's easements and, if the
trees need to be relocated, provide a revised landscape plan,
12.6 An internal parking lot planter shall be added to the parking row of 18
stalls along the eastern property line to break-up this continuous row of
parking spaces.
~ 2.7 The Site Plan shows the preliminary location of sewer and water service
lines adjacent to the eastern side of the building, passing under the
landscape planter at the SE corner of the building. These lines shall be
moved east of the planter to accommodate the tree in this planter.
X2.5 The Site Plan shows entry drive aisle widths of 24 feet off the main
driveway and on the north, east and south sides of the building. City
ordinance ~ 1- ~ 3-4.P. requires a minimum of 25 feet. Revise these widths
accordingly on the Site Plan at the time of building permits submission.
12.9 The Applicant is proposing one (1), 8-foot tall, 90 s.f. free-standing sign
at the SE corner of the site, just north of the entry drive. The location and
height of the sign is approved but the actual sign background area shall be
limited to 50 s.f., excluding any part of the sign structure or support.
Applicant shall clarify if the sign is intended to be a multi-panel sign for
future users of Lot 3 or if it's intended to sign only the bank. A.s a single-
tenant sign, the above conditions would apply. However, if the sign is
intended to provide signage for future users on the west and south ends
of the lot, a larger sign background area - up to 80 s.f could be supported
by staff. The property owner shall consider that any future uses in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 5
NW area of the lot shall have no direct street frontage and may bene~xt
from signage at this location.
X 2. X o Of concern is the lack of pedestrian access to the bank off Allen Street
and the main driveway coursing the southern boundary of this site. No
sidewalks are shown to access the site from either Allen Street or the new
proposed driveway. Given the existing office buildings in Midvalley
Business Park south of Magic View Drive, the approved office building on
Lot 3 south of the bank and the proposed AmeriTel Znn east of the site,
there is an increasing opportunity for pedestrian traffic in this
subdivision. Zn coordination with Magic View Partners LLC, The
Applicant shall add sidewalks to the plan to access the bank entry in
accordance with Magic View Partner's design of the southern half of Lot
3. Sidewalk connection shall be made to the Allen Street extension
currently under construction.
~ 2. i ~ Off street parking shall be provided in accordance with Section X ~ - ~ 3 of
the City of Meridian Zoning and Development Ordinance andlor as
detailed in site-specib.c requirements.
~ 2. ~ ~ Paving and striping shall be in accordance with the standards set forth in
Sections ~ i - ~ 3-4.D. and ~ i - i 3-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act DADA} requirements.
12.13 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 contained and disposed of on-site.
i 2. ~ 4 Outside lighting shall be designed and placed so as to not direct
illurrtination on any nearby residential areas and in accordance with City
Ordinance Section i ~ - i 3-4.C.
i 2 . i 5 Any existing domestic wells andlor septic systems within this project shall
be removed from their domestic service per City Ordinance Section 9- i -4
and 9-4-5. Wells may be used for non-domestic purposes such as
landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 6
i2, l ~ All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City ordinance ~ 2-4- ~ 3 . Plans shall be approved by the
appropriate irrigationldrainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
~ 2. z 7 Provide a minimum of one ~ i }two-inch ~2"} caliper tree per i ,500 sq. ft.
of asphalt area on the site in accordance with City ordinance Section 11-
i3-4.B.3.c.
12.18 All trash and/or garbage collection areas shall be enclosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from
SSC to the Planning Sz Zoning Department prior to applying for building
pernuts.
i 2. ~ 9 Provide five-foot-wide sidewalks in accordance with City ordinance
Section X 2-5-2.~~.
i 2.20 All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
i 2.2 i Applicant shall construct a 2S-foot wide shared driveway south of the
site, at the south property line as proposed. The driveway shall be paved
to its full width and at least 30-feet into the site beyond the edge of
pavement of Allen Street with i 5-foot curb radii.
12.22 Prior to issuance of a building permit, the developer shall be required to
pay the standard impact fee, and the overlay fee of approximately
$60,250 based on 1,395 vehicle trips per day.
i 2.23 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
12.24 Other than the approved driveway, direct lot or parcel access to St. Lulces
Street/Allen Street is prohibited.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 7
Adopt the Recommendations of the Central District Health Department as
follows:
~ 2.24 The Applicant's building shall be served with central sewage and central
water.
12.25 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
12.26 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.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Flan and the City of
Meridian Zoning and Development ordinance because:
~ 3. ~ The subject property is designated on the "Generalized Land Use Map" as
"MixedlZ'lanned Use Development".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
i 5. The uses proposed within the subject application will not be hazardous
or disturbing to existing ar future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 8
~f
4
~ 6. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
~.re protection, drainage structures, refuse disposal, water, and sewer.
~ 7. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traf~.c, noise, smoke, fumes, glare or odors.
~ S . The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
C~NCLUSZ~NS ~P LA'VV
~ . The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Zdaho Code ~z.C. §67-6503}.
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment
of a Planning and Zoning Comrnissian by ordinance pursuant to Zdaho Code Section
67-6504 which the City Council of the City of Meridian has established by the passage
of the "City of Meridian Zoning and Development ordinance" at Titles ~ and xI~,
Chapter Z, Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 9
~,
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional use
permits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and that the proposed development: (Meridian City Code § 11-17-3 )
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Flan and this ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GR~INTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 10
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of trafb.c, noise, smoke, fumes, glare or odors;
h, Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in an Limited office District
(L-O), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § l ~ - ~ 7-5 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter ~ 5 of this Title. Provided, however, that conditional use applications
for land in old Town and in industrial and commercial districts shall only be
required to have ane public hearing which shall be held before the Planning and
Zoning Commission; and after the recommendatian of the Commission is
made, the application shall go before the City Council without a public hearing
and the Council may approve, deny, or modify the recommendation of the
Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Cauncil with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 11
Meridian Zaning and Development ordinance, and Idaho State law. Meridian City
Code § 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 2 ~ ,
~ 993, ord. 6Z9, January 4, ~ 994 and NZaps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
I. That the above named applicant is granted a conditional use permit for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 12
a bank with a drive-thru window, subject to the following conditions of use and
development;
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
~ . ~ Sanitary sewer and water service to this site shall be provided via mains
and services that were installed as part of the recently completed St.
Luke's road extension project and subject to latecomers fees.
~ .2 Zn accordance with City ordinance i ~ - ~ 3-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Submit hook-up and design details based on the proposed landscaping.
Applicant shall be required to utilize any existing surface ar well water far
the primary source. Xf City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas.
~ .3 ordinance i ~-4-9.B., "Modification or Amendment of Applications ~r
Uses," allows approved applications, including CUP's, to be amended,
altered or modified through the same procedures as an initial application.
The conditions of the existing CUP do not restrict future modifications.
As an application modification, the Applicant shall provide to the P&Z
Commission and Council a list of all existing conditions has outlined in
Ztem #2, pages ~ o- ~ 3, of the CUP Decision and Order signed by the City
on 3-7-00} and state which conditions he wishes to modify or delete vis-a-
vis the subject application. An 81/~ x ~ ~ " copy of the existin~approved
Site Plan for Lot 3 should be attached to this list of proposed
modifications. The Applicant shall also provide a conceptual Site Plan of
how the proposed bank plant layout will interface with the existing plan
for the entire lot.
1.4 The Site Plan shows six (6) new trees within a S-foot planter strip along
the eastern property boundary. It appears these trees may be in a Nampa
Meridian Irrigation District easement. Trees are not permitted within
NMID's easements. Applicant shall verify NMID's easements and, if the
trees need to be relocated, provide a revised landscape plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 13
1.6 An internal parking lot planter shall be added to the parking row of 18
stalls along the eastern property line to break-up this continuous row of
parking spaces.
~ .7 The Site Flan shows the preliminary location of sewer and water service
lines adjacent to the eastern side of the building, passing under the
Landscape planter at the SE career of the building, These lines shall be
moved east of the planter to accommodate the tree in this planter.
1.8 The Site Plan shows entry drive aislewidths of 24 feet off the maze
driveway and on the north, east and south sides of the building, City
Grdinance z 1- X 3-4.~'. requires a minimum of ~5 feet. Revise these widths
accordingly an the Site Plan at the time of building permits submission.
1.9 The Applicant is proposing one (1), 8-foot tall, 90 s.f. free-standing sign
at the SE corner of the site, just north of the entry drive. The location and
height of the sign is approved but the actual sign background area shall be
limited to 50 s.f., excluding any part of the sign structure or support.
Applicant shall clarify if the sign is intended to be a multi-panel sign for
future users of Lot 3 or if it's intended to sign only the bank. Asa single-
tenant sign, the above conditions would apply. However, if the sign is
intended to provide signage for future users on the west and south ends
of the lot, a larger sign background area - up to 80 s.f could be supported
by staff. The property owner shall consider that any future uses in the
NW area of the lot shall have no direct street frontage and may benefit
from signage at this location.
1. ~ 0 ~f concern is the lack of pedestrian access to the bank off Alien Street
and the main driveway coursing the southern boundary of this site. No
sidewalks are shown to access the site from either Allen Street or the new
proposed driveway. Given the existing office buildings in Midvalley
Business Park south of Magic View Drive, the approved office building on
Lot 3 south of the bank and the proposed A.meriTel Zen east of the site,
there is an increasing opportunity for pedestrian traffic in this
subdivision. ~n coordination with Magic View ~'artners LLC, The
Applicant shall add sidewalks to the plan to access the bank entry in
accordance with Magic View Partner's design of the southern half of Lot
3. Sidewalk connection shall be made to the Allen Street extension
currently under construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 14
X . ~ ~ Off street parl~.ng shall be provided in accordance with Section ~ ~ - ~ 3 of
the City of Meridian Zoning and Development Ordinance andlor as
detailed in site-specific requirements.
~ . ~ 2 Paving and striping shall be in accordance with the standards set forth in
Sections ~ X - ~ 3-4.D. and ~ ~ - ~ 3-4.P. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act DADA} requirements.
1.13 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
~ . ~ 4 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance S ection z i - ~ 3 -4. C.
1.1 S Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance Section 9-1-4
and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
1.16 A11 irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Worlcs
Department.
i . ~ 7 Provide a minimum of one ~ ~ }two-inch ~2 "} caliper tree per i ,SOO sq. ft.
of asphalt area on the site in accordance with City Ordinance Section ~ ~-
i3-4.B.3.c.
1.18 All trash and/or garbage collection areas shall be enclosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from
SSC to the Planning &. Zoning Department prior to applying for building
permits.
FINDINGS GF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MQUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O I SCUP-00-049} - I5
1. ~ 9 Provide five-foot-wide sidewalks in accordance with City ordinance
Section X2-5-2.Z~.
~ .20 All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
1.21 Applicant shall construct a 25-foot wide shared driveway south of the
site, at the south property line as proposed. The driveway sha11 be paved
to its fixll width and at least 30-feet into the site beyond the edge of
pavement of Allen Street with 15-foot curb radii.
1.22 Prior to issuance of a building permit, the developer shall be required to
pay the standard impact fee, and the overlay fee of approximately
$60,250 based on 1,395 vehicle trips per day.
~ .23 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
1.24 Other than the approved driveway, direct lot or parcel access to St. Lulces
Street/Allen Street is prohibited.
Adopt the Recommendations of the Central District Health Department as
follows:
~ .24 The A.pplicant's building shall be served with central sewage and central
water.
1.25 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.26 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.
2. Tb~e conditions shall be reviewable by the Council pursuant to Meridian
City Code § 11-17-9.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 16
r....
l
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use ,permit.
4. That the City Attorney draft an order Granting Conditional Use ~'ermit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public'LN~orlcs Department and any affected party requesting notice.
N4TIC~ a~ FINAL ACTIN
'lease 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 conditional use permit may within twenty-eight ~2 S } days after the
date of this decision and order seek a judicial review as provided by Chapter 52, Title
67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of
RQLL CALL:
,20oi.
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN I<F,ITH BIRD VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 17
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCzLWOMAN CHERZE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE ~T~E BREAKER} VOTED
DATED:
MOTION:
APPROVED: DzSAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
By~
City Cleric
Dated:
msg/Z:IWorklMlMeridianlMeridian 153bOM1Magic View office Complex CUP0491CUPFindings056
FINDINGS OF FI~CT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BAND FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-l7 / (CUP-00-049)
- ~S
EEFDRE TEIE MERIDIAN CITY COUNCIL
C/C 02-20-O1
IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-00-049
MOUNTAIN WEST BAND FORA )
CONDITIONAL USE PERMIT FOR A BAND ) ORDER OF
WITH ADRIVE-THRU WINDOW ZONED ) CONDITIONAL
L-O AND LOCATED AT THE NORTHWEST ) APPROVAL OF
CORNER OF MAGIC VIEW DRIVE AND ) CONDITIONAL USE
ALLEN STREET, MERIDIAN, IDAHO ) PERMIT
This matter coming before the City Council on the 20~' day of February,
X00 ~ ,under the provisions of Meridian City Code § ~ ~ - X 7-4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
~ . That the Applicant of the property is granted a conditional use permit for a
bank with a drive-thru window, the proposed application request of a condxtxonal use
permit for the construction, development, maintenance and use for a bank with a
drive-thru window, as described in the "Preliminary flan" on file with the City
Clerk's office, for the development of the aforementioned bank with adrive-thru
window and which property description is on file in the City Clerk's office.
2. That the above named applicant is granted a conditional use permit for a bank
with adrive-thru window, located at the northwest corner of Magic view Drive and
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE l OF 6
BY MOUNTAIN NEST BANK A BANK WITH A DRNE-THRU 1 CUPW00-049
Allen Street, Meridian, Idaho, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering departments as
follows:
2. ~ Sanitary sewer and water service to this site shall be provided via mains and
services that were installed as part of the recently completed St. Luke's road
extension project and subject to latecomers fees.
2.2 Zn accordance with City ordinance ~ ~ - ~ 3-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site. Submit
hook-up and design details based on the proposed landscaping. Applicant shall
be required to utilize any existing surface or well water for the primary source.
zf City water is proposed as a secondary source, developer shall be responsible
to pay water assessments for the landscaped areas.
2.3 ordinance ~ ~ -4-9. B., "Modification or Amendment of Applications ~r Uses,"
allows approved applications, including CCJP's, to be amended, altered or
modified through the same procedures as an initial application. The conditions
of the existing CUP do not restrict future modifications. As an application
modification, the Applicant shall provide to the PS~Z Commission and Council
a list of all existing conditions has outlined in item #2, pages ~ 0- ~ 3, of the
CUP Decision and order signed by the City on 3-7-oa} and state which
conditions he wishes to modify or delete vis-a-vis the subject application. An S
1/2 x X ~ "copy of the existin~approved Site Plan for Lot 3 should be attached
to this list of proposed modifications. The Applicant shall also provide a
conceptual Site Plan of how the proposed bank plar~llayout will interface with
the existing plan for the entire lot.
2.4 The Site Plan shows six ~6} new trees within a 5-foot planter strip along the
eastern property boundary. Zt appears these trees maybe in a Nampa Meridian
Irrigation District easement. Trees are not permitted within NMZD's
easements. Applicant shall verify NM~D's easements and, if the trees need to
be relocated, provide a revised landscape plan.
ORDER 4F CoNT)ZTIGNAL APPRaVAL of CONDITIONAL USE PERMIT -PAGE 2 QF 6
BY MOUNTAIN wEST BANK A BANK w7TH A DRIVE-THRU l CUP-OD-D4~
ff ,...
t
2.6 An internal parking lot planter shall be added to the parking row of 18 stalls
along the eastern property line to break-up this continuous row of parking
spaces.
2.7 The Site Plan shows the preliminary location of sewer and water service lines
adjacent to the eastern side of the building, passing under the landscape
planter at the SE corner of the building. These lines shall be moved east of the
planter to accommodate the tree in this planter.
2.S The Site Plan shows entry drive aisle widths of 24 feet off the main driveway
and on the north, east and south sides of the buxldzng. City ordinance ~ ~ - ~ 3-
4.F. requires a minimum of 25 feet. Revise these widths accordingly on the
Site Plan at the time of building permits submission.
2.9 The Applicant is proposing one (1), 8-foot tall, 90 s.f. free-standing sign at the
SE corner of the site, just north of the entry drive. The location and height of
the sign is approved but the actual sign background area shall be limited to 50
s.f., excluding any part of the sign structure or support. Applicant shall clarify
if the sign is intended to be a multi-panel sign for future users of Lot 3 or if it's
intended to sign only the bank. As asingle-tenant sign, the above conditions
would apply. However, if the sign is intended to provide signage for future
users on the west and south ends of the lot, a larger sign background area - up
to 80 s.f could be supported by staff. The property owner shall consider that
any future uses in the NW area of the lot shall have no direct street frontage
and nay benefit from signage at this location.
2. ~o of concern is the lack of pedestrian access to the bank off Allen Street and the
main driveway coursing the southern boundary of this site. No sidewalks are
shown to access the site from either Allen Street or the new proposed
driveway. Liven the existing office buildings in Nlidvalley Business Parlc south
of Magic View give, the approved office building on Lot 3 south of the bank
and the proposed AmeriTel Znn east of the site, there is an increasing
opportunity for pedestrian traffic in this subdivision. ~n coordination with
NZagic View Partners LLC, The .Applicant shall add sidewalks to the plan to
access the bank entry in accordance with Magic Vxew Partner's design of the
southern half of Lot 3. Sidewalk connection shall be made to the Allen Street
extension currently under construction.
oRDER of CONDITIONAL APPRQVAL of CONDITIONAL USE PERMIT -PAGE 3 of 6
BY MOUNTAIN WEST BANK A BANK WITH A DRNE-THRU l CUP-00-049
2. ~ z off street parking shall be provided in accordance with Section ~ ~ - ~ 3 of the
City of Meridian Zoning and Development Ordinance andlor as detailed in
site-specz is requirements.
2. ~ 2 ~ Paving and striping shall be in accordance with the standards set forth in
Sections ~ X - ~ 3-4.D. and ~ ~ - X 3-4.E. of the City of Meridian Zonin and
g
Development Ordinance and in accordance with Americans with Disabilities
Act ~AD_A} requirements.
2.13 A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for
all off-street parking areas. All site drainage shall be contained and disposed of
on-site.
2. ~ 4 Outside lighting shall be designed and placed so as to nat direct illumination
on any nearby residential areas and in accordance with City Ordinance Section
2.1 S Any existing domestic wells and/or septic systems within this project shall be
removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. ~ 6 A11 irrigation ditches, laterals or canals, exclusive of natural waterwa s,
y
intersecting, crossing or lying adjacent and contiguous to the parcel shall be
tiled per City Ordinance ~ 2-4- ~ 3. Plans shall be a roved b the a ro riate
pP Y pp p
irrigatio~~ldrainage district, or lateral users association, with written
confirmation of said approval submitted to the Public W orlcs De artment.
P
2. ~ 7 Provide a minimum of one ~ ~ }two-inch ~2 "} call er tree er I ,500 s . ft. of
P p q
asphalt area on the site in accordance with City Ordinance Section ~ ~ - ~ 3-
~.B.3.c.
2.18 All trash and/or garbage collection areas shall be enclosed on at least three (3)
sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash
enclosur~° locations and construction requirements with Sanitary Service
Company (SSC) and provide a letter of approval from SSC to the Planning &.
Zoning Department prior to applying for building permits.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 4 OF ~
BY MOUNTAIN ~L! EST BANK. A BANK WITH ADRIVE-THRU 1 CUP-00-049
r'~
f
2. ~ 9 Provide five-foot-wide sidewalks in accordance with City ordinance Section
z 2-5-2,ZC.
2.20 All construction shall conform to the requirements of the Americans with
Disabilities .Act.
Adopt the Recommendations of the Ada County Highway District as follows:
2.2 ~ Applicant shall construct a 25-foot wide shared driveway south of the site, at
the south property line as proposed. The driveway shall be paved to its full
width and at least 30-feet into the site beyond the edge of pavement of Allen
Street with i 5-foot curb radix.
2.22 Prior to issuance of a building permit, the developer shall be required to pay
the standard impact fee, and the overlay fee of approximately $60,250 based
on x,395 vehicle trips per day.
2.23 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District,
2.24 Other than the approved driveway, direct lot or parcel access to St. Lulces
Street/Allen Street is prohibited.
Adopt the Recommendations of the Central District Health Department as follows;
224 The Applicant's building shall be served with central sewage and central water.
2.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
2.26 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.
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.
ORDER OF CQNDITIGNAL APPROVAL CF CQNDITIQNAL USE PERMIT -PAGE 5 of b
BY MOUNTAIN WEST BANK A BANK WITH A DRNE-THRU 1 CUP-00-049
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4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § ~ ~ - ~ 7-8, a copy of
which is attached to this permit.
By action of the City Council at Its regular meeting held on the
?2ooz.
b ~_
day of
Rob ]]. Corrie, Mayor City of NZeridian
Copy served upon Applicant, the Planning and Zoning Department, Public ~Norks
Department and City Attorney.
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aRDER 4F CONDITIONAL APPROVAL GF CCNDITICNAL USE PERMIT -PAGE 6 4F 6
BY MOUNTAIN WEST BANK A BANK WITH A DRNE-THRU I CUP-OQ-449
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March 1, 2001
VAR O l -003
MERIDIAN CITY COUNCIL MEETING March b, 2Q~1
APPLICANT Wild Shamrock, LLP ITEM N0. ~.
REauEST VAR for a time exfention for recordation of Fina! Plat for Merchants
Plaza Subdivision -- easfi of Meridian Road and south of Gem Street
~ ~ ~
AGENCY
CITY CLERK:
CITY ENGINEER:
COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY ~l~ ¢ G/~ ~~,Q p-z.~~.~, See attached findings
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERI DIAN I RRIGATIGN:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST;
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION;
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OTHER:
Contacted: ~{(~ ~,p yy~(,~,~ ~" L4rY~ Date: ~ Gjj(~J Phone: ~~a,- ~~ja ~'
~lcrteria#s presen#ed at public meetings shall become properly of The City of A~leridian.
interoffice
M E M O R A N D U M
1~ECEIVED
To: William G. Berg, Jr. MAR - Z Z~O~
From: Wm. F. Nichols CITY OF 1-/~ERIDIAN
Subject: Wild Shamrock, LLP, Merchants Plaza Subdivision /Variance for the recordation
of the final plat
File: V.AR-01-003
Date: March 1, 2001
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A
VARIANCE, pursuant to action of the Council at their February 20, 2001, meeting.
The Findings will be on the Council's agenda for March 6, 2001, meeting.
Please serve conformed copies of the Findings upon the Applicant and
the Planning and Zoning Department, Public Worlcs and the City Attorney office, if
Council approves the Findings.
If you have any questions arise please advise.
Z:IWorklMlMeridianlMeridian 15364M1MerchantsPlazasubVAR010031BergVar.Mem
BEFORE THE MERIDIAN CITY CGUNCIL
C/C 02/20/01
IN THE MATTER GF THE
APPLICATIGN GF WILD
SHAMRDCI~, LLP, FDR A
V CE FROM THE
PREVIDC~S TIME E~TENSI4N
DN THE FINAL PLAT
RECORDING AND ALLGWING
THE FINAL PLAT
RECDRDATIGN DATE 4F
SEPTEMBER 25, 2000, FDR
MERCHANTS PL,A~A,.
SUBDIVISIGN f~ca FIRST
MERIDLAN PLAZA
SUBDIVISIGN, LQCATED EAST
DF MERIDIAN ROAD AND
SDCJTH DF GEM STREET,
MERIDIAN, IDAHO
VAR-OX-003
FINDINGS DF FACT AND
C4NCLUSIDNS DF LAW' .AND
ORDER OF DECISION
GRANTING A V CE
The above entitled matter coming on regularly for public hearing before the City
Council on February Zo, Zoo ~, and Shan Sties, Panning and Zoning Administrator,
appeared and testified, and appearing and testifying on behalf of the Applicant was Jason
Densinare, and no one appeared in opposition, and the City Council having received the
transmittal to agencies and having received the variance application, having heard the
FINDINGS OF FACT .AND CGNCLUSIONS OF LAW AND -- Page 1 of 1 ~
ORDER ~F DECISIGN GRANTING A VARIANCE FGR
FINAL PLAT RECGRDATIGN I BY: WILD SHAMRGCK, LLP.1 VAR-01-003
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testimony presented, being fully advised in the premises does hereby make the following
Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit:
~~ND~rGS o~ FACT
X . The City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title X ~ Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps.
2. The requirements of Zdaho Code §§ 67-6509, 65 ~ 6 and Meridian City
Code § § I ~ - 15 -5 and 12-11-3 as evidenced in the record of this matter.
3. T`he Applicant is Wild Shamrock, LLP, whose address is 1230 ~ W.
Explorer, Suite 240, Boise, Zdaho 83 7 ~ 3 .
4. The owner of the property is Wild Shamrock, LLP, whose address is
I230~ W. Explorer, Suite 240, Boise, Zdaho 83X3.
5. The location of the subject property is presently located in a General
Retail and Service Commercial District (C-G) zone, and which subject property is
located east of Meridian Road and south of Gen Street, Meridian, Zdaho.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map as appears in the record of proceeds of this matter,
which is on file in the City Clerk's Office.
FINDINGS OF FACT AND CONCLUSIONS OF LAWAND - Page 2 of 1 ~
ORDER OF DECISION GRANTING A VARIANCE FOR .
FLNAL PLAT RECORDATION 1 BY: WILD SHAMROCK, LLP.1 VAR-01-003
7. The present land use of the subject property is presently zoned as General
Retail and Service Commercial (C-G), and which subject property is presently retail
business.
S. The proposed land use of the subject property is to develop the subject
property in the following manner: office/retail development.
9. That a vicinity map, attached hereto as Exhibit "A", consisting of one
page, of the proposed scale approved by the City Council showing property lines,
existing streets, proposed district and such other items as required have been furnished.
~ 0. The Applicant seeks a variance of the following provision of the Meridian
City Code, § i 2-3-6 A. and B., APPROVAL PER~~D, and in the C-G zone, provides
as follows:
~ ~-3-b A. and B. APPROVAL PERZ~D:
A.. Failure to Submit Final flan: Council approval of the preliminary
development plan shall become null and void if the applicant fails to
submit the final development plan within one year of Council approval of
the preliminary development plan.
B. Authorize Extension: Upon written request to the Council and filed by
the applicant prior to the termination of the said one year period as stated
in subsection A of this Section, the Council may authorize a single
extension of the approval of the preliminary development plan for a
period not to exceed one year from the end of the said one year period.
11. All property owners within three hundred feet (300') of the external
FINDINGS OF FACT AND CGNCLUSZ~NS ~F LAw AND -- Page 3 of 10
ORDER OF DECZSIflN GRANTING A VARIANCE FAR
FINAL PLAT RECORDATION I BY: wILD SHAMROCK, LLP.1 VAR-o 1-003
l f._.
boundaries have been notified by mail, and their mailing addresses maybe obtained
from the list on file with the City Clerk.
12. The applicant was granted a time period of twelve (12) months.
The twelve (12) month time frame was inadequate, due to problems the applicant
encountered. The unforeseen and unfortunate circumstances beyond the control of the
applicant occurred during the period that delayed the recording of the final plat until
September 25, 2000 were as follows:
~ 2. z A delay of approximately three months resulted from the ill health of the
land surveyor who prepared the final plat. Regrettably, NZr. Brian Iverson
P.E., P.L.S. became ill and was unable to complete the recording of the
final plat within the one-year time frame. Mr. ~verson's illness was
serious enough to force him to retire entirely from engineering and
surveying.
~ 2.2 The name of the subdivision was changed from First Meridian Plaza to
Merchants Plaza Subdivision at the request of the Ada County Engineer.
The procedures required to complete this name change tools considerable
time.
12.3 A two-month delay resulted from complications encountered during the
Ada County Surveyor's verification of the set monuments.
~ 3 . The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement of the twelve
(12) month extension and allow the September 25, 2000 recording date to be
approved.
FINDINGS of FACT AND CONCLUSIONS of LAWAND -- Page 4 of 10
ORDER GF DECISION GRANTING A VARIANCE FQR
FINAL PLAT RECORDATION 1 BY: WILD SHAMROCK, LLP.1 VAR~~ 1-003
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14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is the applicant would be required to
resubmit an application for final plat approval and pursue approval of this final plat
through all applicable agencies (Ada County Highway District, Ada County Assessor,
Central District Health, and others. Essentially, the applicant would re-do significant
amounts of administrative work to re-record the final plat of Merchants Plaza
Subdivision. Zn addition to this time and expense from the applicant, it would
encumber City resources as well as other regulatory agencies for a project that is
already constructed and in accordance with current criteria.
~ 5. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with, and the special conditions and
circumstances that exist, are the same as number ~ Z above.
~ 6. .A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the applicant would then be required to resubmit a final
plat application at considerable time and expense, and would result in no significant
changes to the project as currently constructed.
~ 7. Granting the variance would maintain rights which would be afforded to
others in the same situation.
18. The purpose of the C-G General Retail and Service Commercial District is
FIl~TDINGS of FACT AND CoNCLUSIoNS of LAw AND - Page 5 of 10
ORDER of DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION 1 BY: wILD SHAMROCK, LLP.1 VAR-01-o03
(..
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to provide for commercial uses which are customarily operated entirely or almost
entirely within a building; to provide for a review of the impact of proposed commercial
uses which are auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of travel-related services as well as retail
sales for the transient and permanent motoring public. All such districts shall be
connected to theMunicipal water and sewer systems of the City, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
19. The variance would allow the applicant's present recorded final plat of
September 25, 2000, to be approved.
Z0. The granting of the requested variance will not be detrimental to the
public's welfare or injurious to other property in the area of the proposed plat.
22. The granting of this variance will not have an effect of altering the interest
and purpose of the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
23. The applicant paid the fee established by the City Council for application
variance.
C~NCLCJSY~N'S ~~ LAw
~ . The City of Meridian has authority pursuant to the enactment of the Local
FINDINGS GF FACT AND CGNCLUSI~NS OF LA~V AND -~ Page 6 of 10
ORDER OF DECISION GRANTING A VARIANCE FAR
FINAL PLAT RECGRDATIaN 1 BY: wILD SHAMROCK, LLP.1 VAR-01-003
Land Use Planning Act of ~ 975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code § ~ ~ - I S .
3. That the requirements for the processing of a variance request are set forth
in Idaho Code §§ 67-6509, 6516 and Meridian City Code § § 11-1 S-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
§ X ~ - ~ S-Z, and the findings which are required are set forth in Meridian City Code § ~ ~ -
~ 8-3, include required ~.ndings that there are special circumstances or conditions affecting
the property that strict application of the provisions of Zoning and Development
ordinance would clearly be impracticable and unreasonable, and a finding that strict
compliance with the requirements of the Zoning and Development Ordinance would result
in extraordinary hardship to the owner, subdivider or developer because unusual
topography, the nature or condition of adj acent development, or other physical conditions
or other conditions that make strict compliance with the ordinance unreasonable under
the circumstances, or that the conditions and requirements of said ordinance will result
in inhibiting the achievements or the objectives of the ordinance, and that the granting of
FINDINGS OF FACT AND CONCLUSIONS OF LAw AND - Page 7 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION 1 BY. WILD SHAMROCK, LLP.1 VAR-o I -003
l~
4
a specified variance will not be detrimental to the public's welfare or injurious to other
property in the area in which the property is situated, and that such variance will not have
the effect of altering the interest and purposes of the Zoning and Development Ordinance
and the Meridian Comprehensive Plan.
5. Meridian City Code, § 12-3-6 A. and B., APPROVAL PERIOD, and in the
~-L zone provides as follows:
I Z-3-d A. and B. APPROVAL PERIOD:
A. Failure to Submit Final Plan: Council approval of the preliminary
development plan shall become null and void if the applicant fails t0 submit
the final development plan within one year of Council approval of the
preliminary development plan.
B. Authorize Extension: Upon written request to the Council and filed by the
applicant prior to the termination of the said one year period as stated in
subsection A of this Section, the Council may authorize a single extension
of the approval of the preliminary development plan for a period not to
exceed one year from the end of the said one year period.
DECISION AND ORDER
NOW, TFIEREFORE, BASED UPON TAE ABOVE AND FOREGOING
FzNDZNGS OF FACT` AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
1. That the Applicant is hereby granted a variance from the twelve (12) month
time extension to allow the September 25, 2000 final plat recording, which was delayed
due to problems the applicant encountered. The unforeseen and unfortunate
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ~- Page $ of IO
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION l BY: WILD SHAMROCK, LLP. l VAR-01-003
circumstances beyond the control of the applicant occurred during the period that delayed
the recording of the final plat until September 25, 2000, for the property located east of
Meridian Road and south of hem Street, Meridian, Zdaho, in the C-G~ zone.
NoTZCE o~ ~YNAL ACTION
PXease take nonce 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 maybe adversely affected by the issuance or
denial of a variance authorizing a variance of the APPROVAL PERIOD Requirements
in the Z-L Zone as provided in the Section 12-3-6 A, and B. and may within twenty-
eight ~2S}days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Zdaho Code.
. ~
By action of the City Council at its regular meeting held on the day of
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED_~~~
COUNCILMAN KEITH BIRD VOTED_ [~~~
COUNCILWOMAN TAMMY deWEERD VOTED_~~~~~
FINDINGS OF FACT AND CONCLUSIONS OF LAw AND - Page 9 of 14
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION 1 BY: wILD SHAMROCK, LLP.1 VAR-41-443
COUNCzLWOMAN C~ER~E McCANDLESS VOTED ~--
MAYOR ROBERT D. CORRXE ~TZE BREaA~ICER~ VOTED
DATED: . ~ ~~ ~- ~
MOTXON:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
' F 4,
By. .~...
ity Clerk
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FINDINGS OF FACT .AND CONCLUSIONS OF LAWAND - Page 10 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION 1 BY: WILD SHAMROCK, LLP.1 VAR-01-003
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BEFORE TFIE CITY COUNCIL of THE CITY of MERIDIAN
C/C 02-20-01
IN THE MATTER OF THE ) Case No. PP-00-021
REQUEST FOR PRELIMINARY )
PLAT FOR MALLANE ) FINDINGS OF FACT AND
COMMERCIAL COMPLEX, ) CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
BY: THE LAND GROUP, INC. ) APPROVAL OF PRELIMINARY
PLAT
APPLICANT. )
The above entitled matter coming on regularly for public hearing before the
City Council on February 20, 200 ~, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant was
Russ Hepworth of The Land Group, Znc., and no one appeared in opposition, and the
City Council having received a report from Bruce Freckleton, Engineering Technician
ZZZ, and Steve Siddoway, Planner, and the City Council having received as part of the
record of this matter the recommendation to City Council of the Planning and
Zoning Commission and the applicant having submitted the "CONCEPTUAL
LAYOUT, MALLANE CGMMERCIAL C~MPLE~ CGNCEPTUAL LAYOUT,
MERXDrAN, zDAH~, A Commercial Subdivision, .A Resubdivision of Lot X ,Block ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 1
of Angel Parlc Development Subdivision, Recorded as Warranty Deed Instrument
Number 970~939~, Located in a portion of the SW i14, SE114, Section 5, T.3N.,
R.E., B.M., Meridian, Ada County, Xdaho, 2000, Project Number: 9957, Designed
By: MRL,IRTH, Drawn By: RTH, Issue Date: ~ - ~ ~ -0 ~ , and stamped RECEIVED JAN
11 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, Sheet Title: Conceptual
Layout, Hubble Engineering, Znc., for Mallane Commercial Complex", submitted for
preliminary plat approval and which preliminary plat for approval application is
herein received and adjudged by the City Council pursuant to Meridian City Code §
z Z-3-3. Therefore the City Council makes the following findings:
PzND~NGS ~E F.A~CT
~ . That the proposed development is in conformance with the
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
2 ~, 1993, and the property is presently zoned Limited Office District ~L-O}, and
requires connection to the Municipal Water and Sewer System. [Meridian City Code
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December ~ ~, 2993, Ordinance No. 629.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 2
` ~..:
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3. Zt is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Assistant City Engineer
and as proposed by the developer as stated on the preliminary plat there will be
public financial capability of supporting services for the proposed development.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as. "CONCEPTUAL LAYOUT, MALLANE
COMMERCIAL COMPLEX CONCEPTUAL LAYOUT, MERIDIAN, IDAHO, A
Commercial Subdivision, A Resubdivision of Lot ~, Block x of ,Angel Park
Development Subdivision, Recorded as Warranty Deed instrument Number
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 3
~'
9701939X, Located in a portion of the SW 114, SE114, Section 5, T.3N., R.E., B.M.,
Meridian, Ada County, Zdaho, 2000, Project Number: 99157, Designed By:
MRI~RTH, Drawn By: RTH, issue Date: ~ - ~ ~ -0 ~ ,and stamped RECEIVED JAN ~ ~
2001 CITY OF MERIDIAN CITY CLERIC OFFICE, Sheet Title: Conceptual Layout,
Hubble Engineering, Inc., for Mallane Commercial Complex".
DECISION ANI] ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DDES DRDER
1. The Preliminary Plat of the applicant as evidenced by "CaNCEPTUAL
LAYOUT, MALLANE COMMERCIAL COMPLEX CONCEPTUAL LAYOUT,
MERIDIAN, zDAH~, A Commercial Subdivision, A Resubdivision of Lat ~, Block 1
of Angel Park Development Subdivision, Recorded as Warranty Deed Instrument
Number 970 ~ 939 ~, Located in a portion of the SW 114, SE 114, Section 5, T.3N.,
R. I E., B.M., Meridian, Ada County, Zdaho, 2000, Project Number: 9915 7, Designed
By: MRr.,IRTH, Drawn By: RTH, Issue Date: 1-11-01, and stamped RECEIVED JAN
112001 CITY ~F MERIDIAN CzTY CLERX~ ~FFZCE, Sheet Title: Conceptual
Layout, Hubble Engineering, Znc., for Mallane Commercial Complex", is hereby
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MAI,LANE COMMERCIAL COMPLEX / (PP-00-021) - 4
conditionally approved; and
2, The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
2.1 Any existing irrigationldrainage ditches crossing the property to be
included in this project shall be tiled per City ordinance. The ditches to
be piped shall be shown on the site plans. Plans shall be approved by
the appropriate irrigation/drainage district, with written confirmation of
said approval submitted to the Public works Department. No variances
have been requested for tiling of any ditches crossing this project.
2.~ Any existing domestic wells andlor septic systems within this project
shall be removed from their domestic service per City ordinance. wells
maybe used for non-domestic purposes such as landscape irrigation.
2.3 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 11-13).
2.~ Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development ordinance ~~rd. ~ 1-
i3-4} and in accordance with Americans with Disabilities Act DADA}
requirements.
~.5 A drainage plan designed by a State of Zdaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off street parking areas. All site drainage shall be contained and disposed
of on-site.
2.6 outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City ordinance Section ~ z - i 3-4. C. and 1 ~-5-2.M.
2.7 All signage shall be in accordance with the standards set forth in the
City of NZeridian Zoning and Development ordinance ~~rd. i 1-14}.
No temporary signage, flags, banners or .flashing signs will be permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 5
2.8 Provide five-foot-wide sidewalks in accordance with City ordinance
fiord. ~2-5-2.ZC}.
2.9 All construction shall conform to the requirements of the Americans
with Disabilities Act.
~. XO Submit letter from the Ada County Street Name Committee, approving
the subdivision and street names.
~. ~ ~ Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
2.12 Assessment fees for water and sewer service are determined during the
building plan review process.
x.13 Sanitary sewer service to this site shall be via extensions from existing
mains installed in adjacent developments. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
2. ~ 4 Water service to this site shall be via extensions from existing mains
installed in adjacent developments. Applicant shall be responsible to
construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Worlcs Department.
2.15 Underground year-round pressurized irrigation sha11 be provided to all
landscape areas on site. Applicant shall submit hook-up and design
details based on the proposed landscaping. Due to the size of
landscaped area, primary water supply connection to the City's mains
will not be allowed. Applicant shall be required to utilize any existing
surface or well water for the primary source. If City water is proposed as
a secondary source, developer shall be responsible to pay water
assessments for the entire common open area.
2. z 6 Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an
association or the Nampa ~ Meridian irrigation District. zf the system
is being proposed as a private system, plans and specifications for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 6
,:.._.
~ ~.
irrigation system shah be reviewed by the Public Works Department as
part of the development plan review process. A draft copy of the
pressurized irrigation system ~&M manual sham be submitted prior to
plan approval. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. Zf a creek or well
source is not available, asingle-point connection to the culinary water
system shall be required. zf a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City
Engineer.
2.17 A note shall be on the face of the plat that requires a Conditional Use
Permit be obtained for the development of each lot.
2.18 The Comprehensive Plan designates Fairview Avenue as an entryway
corridor. The Fairview landscape buffer be a minimum of 35-feet in
width beyond the required ACHD right-of-way and constructed by the
developer as a condition of the plat. The landscape buffer shall be
placed within a permanent landscape easement beyond the future right-
of-way and designated as such on the plat.
2.19 Hickory Way is a collector road. A landscape buffer a minimum of 20
feet in width beyond the required right-of-way along Hickory Way and
constructed by the developer as a condition of the plat. The landscape
buffer sha11 be placed within a permanent landscape easement beyond
the future right-of-way and designated as such on the plat.
2.20 Meridian Subdivision &. Development ordinance # ~ 2-~-7 requires a
minimum 20-foot wide screen between incompatible development
features, including commercial adjacent to residential. T`he fact that this
is also a rezone application allows the City to place increased
requirements on the proposed subdivision. Increase the required buffer
to 25 feet minimum adjacent to Dove Meadows Subdivision, based on
the standards of the draft landscape ordinance.
2.2 z A preliminary landscape plan was submitted with the application. The
conceptual number and placement of trees within the street buffers,
with detached meandering sidewalks and sodded berms are agreed upon
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 7
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by staff. The proposed conifer trees within the street buffers shall be
replaced with deciduous tree species. Also, the landscape plan does not
include the buffer required adjacent to Dove Meadows Subdivision
mate conifers maybe used in the buffer between land uses}. A revised,
detailed landscape plan shall be submitted for review and approval with
the Final Plat application. A letter of credit or cash surety shall be
required for the improvements prior to City signature on the Final Plat.
2.~2 A condition of the current CUP as well as the original plat of the
property is to "build a masonry block wall with aten-foot-wide planting
strip adjacent to all residential areas in lieu of the 20-foot wide planting
strip." The draft landscape ordinance allows the City to require a wall
in addition to the buffer between incompatible land uses to further
mitigate noise andlor unsightly uses. The proposed concept plan shows
the back side of a large retail building that could potentially include
loading docks, trash enclosures, etc. } adjacent to the existing residences.
A masonry block wall is required adjacent to all residential areas in
addition to the ~5-foot landscape buffer.
2.~3 Each lot shall be required to meet their own individual parking
requirements within the boundaries of their own lot. Staff notes that
Louie's restaurant is required to have 5l parking spaces and 52 spaces
are shown within the boundaries of their proposed lot, and would be in
compliance with this requirement. All lots within the subdivision shall
have an ingress-egress cross access agreement.
Adopt the Recommendations of the Ada County Highway District as follows:
Z.24 Dedicate 6a-feet of right-of way from the centerline of Fairview Avenue
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit for
other required permits}, whichever occurs first.
2.25 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
2.~~ The existing driveway on Fairview Avenue, located approximately 500-
feetwest of Hickory Way is approved with this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 8
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2.Z7 Construct driveways on Hickory Way to align with existing driveways
on the east side of Hickory W ay. Pave the driveways their full width of
2~ to 30-feet and at least 30-feet into the site beyond the edge of
pavement of Hickory Way with I5-foot curb radii.
2.28 Provide a $3,200 deposit to the Public Rights-of Way Trust Fund for a
share of the signal at Hickory Way and Fairview Avenue, prior to the
issuance of any building permits on this site.
2,29 Provide a recorded cross access easement for all of the lots within the
subdivision, and to the outparcel to the east to use this parcel for access
to the public streets prior to issuance of a building permit for other
required permits. This access agreement was recorded on the plat for
Angel Park Subdivision, and should also be noted on the current plat.
2.30 Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the
entire site. Coordinate the location and elevation of the sidewalk with
District staff.
2.3 ~ Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting
the entire site. Locate the sidewalk 2-feet within the right-of--way.
Coordinate the location and elevation of the sidewalk with District staff.
2.32 Other than the access point specifically approved with this application,
direct lot or parcel access to Fairview Avenue is rohibited. Lot access
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restrictions, as required with this application, shall be stated on the final
plat.
2.33 Other than the access points specifically approved with this application,
direct lot or parcel access to Hickory Way is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.34 All codes, fire hydrants, and fire water flows shall be met.
Adopt the Recommendations of the Central District Health Department as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 9
follows:
2.35 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.
2.36 Runoff ~s not to create a mosquito breeding problem.
2.37 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.38 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Sanitary Service Department as follows:
2.39 Applicant shall specify enclosures. Building #2 blocks access to the
containers for Louie's Restaurant, and therefore, further designs shall be
made.
By action of the City Council at its regular meeting held on the ~~ day of
~~/~ ~ , 2001.
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By~ ' r
O ERT D. CORRIE
ayor, City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MAI.LANE COMMERCIAL COMPLEX / (PP-00-021) - 10
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Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and City Attorney.
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City Clerk
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APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. /
MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 11
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M E M O R A N D U M
RECEIVED
To: William G. Berg, 7r. MAR - 2 2~~1
From: Wm. F. Nichols ~I~ ~~ ~RI~~
Subject: Resolution on Adult Softba112001 Fee Schedule Increase
Date: March 1, Zool
Will:
Please find attached the originals of the Resolution, attached exhibit
"A", and the Certificate of Clerk, in regards to the above matter. This item is now
ready for City Council, and Z believe it is set for this Tuesday, NZarch ~, Zook,
meeting.
zf you have any questions Tease advise.
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March i , 20~ 1
MERIDIAN CITY COUNCIL MEETING
APPLICANT
ITEM NO. ~
REQUEST Resolution - Adult Softball Team Fee Increase
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY ~
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT: ~
CITY WATER DEPT:
CITY SEWER DEPT: '
MERIDIAN SCHOOL DISTRICT;
MERIDIAN PAST OFFICE: ~
ADA COUNTY HIGHWAY DISTRICT:
,~
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER;
US WEST:
I NTERMO U NTAI N GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
March G, ~~01
RESOLUTION NO. ~/ - 363
BY: /CCGrthIW ~LE'`{/~P/1-G~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDLAN
MAILING CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES
FOR SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL DF THE CITY DF MERIDIAN, IDAHO:
SECTION 1: FINDINGS: Pursuant to the authority of this City to operate
and maintain recreational and cultural facilities and activities, and to establish fees
for services pursuant to § 63- ~ 3 ~ ~; and it being found in the best interests of the City
to conduct and provide various recreational activities as herein provided, and it being
found that there are costs to the City to provide such activities and that the fees
herein established are reasonably related to, but do not exceed, the actual cost of
providing those services.
SECTION 2: ADOPTION OF FEE SCHEDULE INCREASE: The attached
Exhibit "A" Fee Schedule Increase for services and activities listed are hereby
approved, established and authorized to be collected.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~/~`
day of ~ j~(,~(~ti , 2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ r
day of ~Q/LGdl1 , 2001.
r
M r Rabert D. Cowie
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MERYDIAN PARZ~S S~ RECREATION DEPARTMENT
REQUEST FOR FEE INCREASE
ADULT SOFTBALL 2001 SUMMER LEAGUE
2001 Summer Fees
Tearn Fee $350.00
Player Fee $ 14.00
(15 player minimum)
ASA Team Fee 25.00
Possible Total Team Fees $585.00
Exhibit "A" to Resolution No. 1 Cit of Merxdxan
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CERTIFICATE OF CLERIC
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
~ . That I am the duly appointed and elected Cleric of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the ~ day of ~Q~-G`'f~ , 2001, the
following action has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
MAIQNG CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES
FOR SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION I; FINDINGS: Pursuant to the authority of this City to operate
and maintain recreational and cultural facilities and activities, and to establish fees
for services pursuant to § b3-I3I I; and it being found in the best Interests of the City
to conduct and provide various recreational activities as herein provided, and it bein
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found that there are costs to the City to provide such activities and that the fees
herein established are reasonably related to, but do not exceed, the actual cost of
providing those services.
SECTIGN 2: ADGPTIGN (]F FEE SCHEDULE INCREASE: The attached
Exhibit "A" Fee Schedule increase for services and activities listed are hereby
approved, established and authorized to be collected.
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Certificate of Clerk for Adult Softball 2001 -Page 1 of 2
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STATE OF IDAHO,
County of Ada,
Ss:
Gn this ~~' da of ~. ~ r~ ~ in the ear 200 ~ before me
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~~~d ~• ~ ~, ~~~ ~ , a Nota Public, a eared WILLIAM G.
rY pp
BERG, JR., known or identified to me to be the City Clerk of the City of Meridian,
Idaho, that executed the said instrument, and acknowledged to me that he executed
the same an behalf of the City of N~eridian.
IN WITNESS WHEREOF, I have affixed my official seal the day and year in
this certificate first above written.
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Certificate of Clerk for Adult Softba112001 -Page 2 of 2
RESOLUTION NO. 0/ / ~~
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
MAIQNG CERTAIN FINDINGS AND .ADOPTING A SCHEDULE OF FEES
FOR SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1; FINDINGS: Pursuant to the authority of this City to operate
and maintain recreational and cultural facilities and activities, and to establish fees
for services pursuant to § G3-13I l; and it being found in the best interests of the City
to conduct and provide various recreational activities as herein provided, and it being
found that there are costs to the City to provide such activities and that the fees
herein established are reasonably related to, but do not exceed, the actual cast of
providing those services.
SECTION 2: ADOPTION OF FEE SCHEDULE INCREASE: The attached
Exhibit "A" Fee Schedule Increase for services and activities listed are hereby
approved, established and authorized to be collected.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~
day of ~2(~~'!~ , 2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~
day of ~/f Q/L(~ , 2001.
Nl r Robert D. Corrie
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MERIDIAN PA1~IfS SL RECREATION DEPARTMENT
REQUEST FOR FEE INCREASE
ADULT SOFTBALL 2001 SUMMER LEAGUE
2001 Summer Fees
Team Fee $350.00
Player Fee $ 14.00
(15 player minimum)
ASA Team Fee 25.00
Possible Total Team Fees $585.00
Exh~bxt "A" to Reso~ut~on No.
City of Meridian
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CERTIFICATE DF CLERIt
DF
THE CITY DF MERIDIAN
I, the undersigned, do hereby certify:
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1
1. That I am the duly appointed and elected Clerlc 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.
~. That as the City Clerlc of this City, I am the custodian of its records and
minutes and do hereb certi that on the ~ da of ~~ , 20a i ,the
y fY y
following action has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
MAIQNG CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES
FOR SERVICES.
NGW, THEREF4IZE, BE IT I~ESGLVED BY THE MAYGR AND CITY
CQUNCIL DF THE CITY GF MERIDLA.N, IDAHG:
SECTION 1: FINDINGS: Pursuant to the authority of this City to operate
and maintain recreational and cultural facilities and activities, and to establish fees
for services pursuant to § 63- ~ 3 I ~ ;and it being found in the best interests of the City
to conduct and provide various recreational activities as herein provided, and it being
found that there are costs to the City to provide such activities and that the fees
herein established are reasonably related to, but do not exceed, the actual cost of
providing those services.
SECTION 2: ADGI'TIDN DF FEE SCHEDULE INCI~EA.SE: The attached
Exhibit "A" Fee Schedule Increase for services and activities listed are hereby
approved, established and authorized to be collected.
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Certificate of Clerlc for Adult Softball 2001 -Page 1 of 2
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STATE OF IDAHO,
County of Ada,
ss:
~n this ~ da of ~ ~ ~~~ ~ in the ear 20o X before me
y ~ y >-
~~ ~. ~ ~, ~~-~ ~~.., , a Notary Public, appeared WYLELAM G.
BERG, ~R., 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.
ZN WITNESS WHEREGF, Z have affixed my official seal the day and year in
this certificate first above written.
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Certificate of Clerlc for Adult Softball 2001 -Page 2 of 2