HomeMy WebLinkAbout1999 07-06
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JULY 6, 1999- 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
A. APPROVE MINUTES FROM PREVIOUS MEETING HELD JUNE 15, 1999: (APPROVE)
B. APPROVE MINUTES FROM PREVIOUS SPECIAL MEETING HELD JUNE 22, 1999:
(APPROVE)
C. APPROVE BILLS: (APPROVE)
D~ WARRANTIES AND LIMITATIONS OF Y2K ENGAGEMENT LETTER BY STEVE
KONKOL: (APPROVE)
REGULAR AGENDA
1. DISCUSSION BY BILL GREGORY WITH SANITARY SERVICES REGARDING 8
CUBIC YARD DUMPSTER RATES AND FRONT LOAD COMPACTOR RATES:
(NOTICE FOR INCREASE / CHANGES)
2. TABLED 6/22/99: DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR
DAKOTA RIDGE ESTATES: (APPROVE WITH RESOLUTION #241)
3. TABLED 6/15/99: DEVELOPMENT AGREEMENT BY ALICE CULVER AT 911 Ee PINE:
(APPROVE WITH RESOLUTION #242)
4. TABLED 6/15/99: ANNEXATION AND ZONING ORDINANCE #830 -- ALICE CULVER
AT 911 E. PINE: (APPROVE)
5. TABLED 6/15/99: FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING LOTS)
BY TEALEY'S LAND SURVEYING-NORTH OF PINE & WEST OF LOCUST GROVE
RD: (TABLE UNTIL AUGUST 3,1999)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION
& ZONING FOR PROPOSED CHERRY LANE ESTATES BY JEFFREY L. MANSHIP--
4375 W. CHERRY LANE: (APPROVE FINDINGS)
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE
OF.323 ACRES (FROM R-15 TO L-O) BY MATTHEW & DANITA HARTZ-1990 N.
MERIDIAN RD: (APPROVE FINDINGS)
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8. REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE! RETAIL BUILDING
BY BRIAN CHAMPION-129 E. PINE STREET: (ACCEPT RECOMMENDATION,
PREPARE FINDINGS)
9. REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE...THRU FOR MOXIE
JAVA BY AVII L.L.C~-1800 N LOCUST GROVE RD: (PREPARE FINDINGS TO DENY
REQUEST)
10. APPEAL OF ZONING ADMINISTRATOR'S CONDITIONAL USE PERMIT
REQUIREMENT BY CINDY CHACE d/b/a KIDS CLUB: (TABLE UNTIL JULY 20, 1999)
11. PUBLIC HEARING: REQUEST FOR VARIANCE FOR REINSTATEMENT OF
APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY R2 DEVELOPMENT, INC~
- WEST END OF LANARK STREET: (PREPARE F1NDINGS)
12. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 6.15 ACRES (FOR
R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC
ENTERPRISES, INC~-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN:
(PREPARE FINDINGS)
13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP
DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD D/B/A VO'S DAYCARE-924
E. 4TH STREET: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
14~ PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR DEE JAY
SUBDIVISION (14 BUILDING LOTS ON 15.04 ACRES) BY J-U...B ENGINEERS, INC-
EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER IN: (CONTINUE
PUBLIC HEARING UNTIL JULY 20, 1999)
15. PUBLIC HEARING: REQUEST FOR VARIANCE FROM 1,000 FOOT MAXIMUM
BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J-U-B ENGINEERS, INC - EAST
OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER LN: (CONTINUE
PUBLIC HEARING UNTIL JULY 20, 1999) .
16~ PUBLIC HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8
WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE
SUBDIVISION NO.2 BY LARRY & KAY HANSEN-BROADWAY & 8TH STREET (951
W. PINE STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
17. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT PLACE
SUBDIVISION NO.2 (ONE EXISTING, FOUR NEW BUILDING LOTS) BY LARRY &
KAY HANSEN-BROADWAY & 8TH STREET (951 W. PINE STREET): (CONTINUE
PUBLIC HEARING UNTIL JULY 20, 1999)
18~ PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 27.86 ACRES
(FROM RT & R-4 TO R-8) FOR PROPOSED WILKINS RANCH SUBDIVISION BY
STEINER DEVELOPMENT LLC-SOUTH OF USTICK & WEST OF TEN MILE:
(CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
19. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WILKINS RANCH
SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY STEINER DEVELOPMENT
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LLC - SOUTH OF USTICK & WEST OF TEN MILE: (CONTINUE PUBLIC HEARING
UNTIL JULY 20) 1999)
20. FINAL PLAT FOR SHERBROOKE HOLLOWS NO.4 SUBDIVISION BY GEM PARK 11-
EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY: (TABLE UNTIL JULY
20, 1999)
21. REQUEST FOR TIME EXTENSION FOR FINAL PLAT FOR TEARE COMMERCIAL
SUBDIVISION BY ANDERSON-DAVID & ASSOCIATES, INC.: (APPROVE ONE YEAR
EXTENSION)
22. ORDINANCE #831 : DOG RESTRICTION IN TULLY PARK:
23. ORDINANCE #832 : LOCAL LAND USE PLANNING ACT:
24. WATER, SEWER, TRASH DELINQUENCIES: (DO NOT HAVE LIST, CHANGING
SOFTWARE)
25. DEPARTMENT REPORTS:
A~ TOM KUNTZ:
1. APPROVAL TO SELECT CONSULTANT FOR PARKS AND
RECREATION COMPREHENSIVE PLAN: (APPROVE WITH
RESOLUTION #243)
B. GARY SMITH:
1. 1999 WATERLINE PROJECT, PHASE 1 BID AWARD: (APPROVE
BITTERROOT CONSTRUCTION $318,561.70)
26. EXECUTIVE SESSION:
MERIDIAN CITY COUNCIL MEETING
JULY6, 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
July 6, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gigray, Dave Bowman, Gary
Smith, Shari Stiles.
Corrie: I want to welcome each of you here tonight. It's kind of hot outside, but maybe
it will cool off a little bit this evening and we'll sleep better. I got a red face. The grand
kids and I went out to the swimming pool yesterday. I forgot to put sun tan lotion on.
So it's pretty warm in here to me. Council, you have the consent agenda in front of you,
items A, B, C and D. What is the pleasure of the Council?
Bentley: Mr. Mayor, I move we approve the consent agenda.
Bird: Second.
Corrie: Motion made and second that we approve the consent agenda. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: We have nine public hearings tonight. We're going to cut them off about 10:00.
We may get through all of them. Is there anybody here on the public hearing for the
request for the Wilkins Ranch Subdivision that wanted to testify on that one? Okay,
number 18 is a public hearing request for annexation of Wilkins Ranch, and item 17 the
Tremont Place Subdivision for preliminary plat and the - I think we might be able to get
them hopefully. We'll give it a try.
1. DISCUSSION BY BILL GREGORY WITH SANITARY SERVICES REGARDING
8 CUBIC YARD DUMPSTER RATES AND FRONT LOAD COMPACTOR
RATES:
Corrie: Mr. Gregory.
Gregory: Mayor and Council, Bill Gregory Sanitary Service Company. What we've
asked you and supplied you with for this evening's discussion is a new structure for
front load commercial containers that we will be implementing and providing within the
city probably about August 1. The containers are ready, we're just waiting for a back up
truck to ensure that we will be able to maintain it in a timely fashion in case of break
down and we have problems mechanically with one front load truck. There has been no
services provided at this point for any containers in our rear load system, which we
currently provide with an 8 yard dumpster. What we're simply asking for is your
approval on these rates for an 8 yard container, which would be the first item there on
the agenda. That is more than competitive with the surrounding communities and other
services provided by other companies within the valley. Second on that list is that with
the rear load container service, we had 1 % yard dumpsters. We're asking that we
convert that currently I have about 12 of those in service and with the front load system,
Meridian City Council Meeting
July 6, 1999
Page 2
a 2 yard dumpster is more common within that service public system, so we would like
to take the 1 ~ yard rates that are currently within the city franchise agreement and
convert that to a 2 yard dumpster, so it's just a size change on that. We've also asked
for a I think the key point in this next item is habitual. We have some families that are
consistently and I don't mean you know a week here a week there, but I mean
sometimes six, seven, eight weeks in a row. We've been very gracious and pleaded for
their assistance to please you know have it out on time. Some of those are 8:30 in the
morning and I'd rather have someone call and say hey, I forgot. I'm glad to come back
and go get those people. They need to help us out a little bit. We just want something
to say please work with us on that. The commercial can rate adjustment, this is a rate
reduction for commercial can customers. Right now if you'll notice, I mean a six can
service once a week is $43.20. We're asking that that be put into 4 to 6 can level,
service level for $28.80, which right now is the 4 can current rate. The next one would
be a service, a special dump charge on 6 and 8 cubic yard dumpsters, which are not
currently in the rate structure. The last one would be a request for a small compactor.
Right now there are a number of accounts Fred Meyer and Albertson's for example, D &
B Supply and quite a few others that have large roll off 20 to 40 yard compactors. For a
front load system, the customer can now purchase a small compactor that we would
then service with the regular front load commercial truck and those rates have never
been established either because those services were not provided, so we would like
you to consider that.
Corrie: Questions of Mr. Gregory?
Rountree: I have none. I thought their back up information documented well what it is
they're proposing to do, but I do have a question for Mr. Bill Gigray. The change in rate
structure, would that be considered a fee and something we would have to put forth as
a public hearing since these are new services, can we just implement those as an
adjustment in rate structure per the contract? How do we go about that?
Gigray: Mr. Mayor, Councilman Rountree, I always think that the safe play is to
advertise the meeting which you are going to adopt the new fees. Whether or not
someone could craft an argument that this would in fact be an increase in existing fees
by reason of the history and the way fees were collected or by some of the changes that
have been made. You know you can't discount that that possibly could happen. I'm not
disagreeing with the report, but I think the safe play and you don't have to have a public
hearing. You just have to give notice of the date of the meeting in which you are going
to adopt the new fees, and I think it's the safest play and I would recommend you do it.
Rountree: Mr. Mayor with that comment, I would have a question for Mr. Bill Gregory.
We've done this before. Does that two weeks cause you any -
Gregory: No, that should be fine. We currently do have some front load container
services actively being serviced within the city. That would be for example McDonald's
and Boondocks, the new Roaring Springs which is going to small front load compactor
starting probably tomorrow.
Meridian City Council Meeting
July 6, 1999
Page 3
Rountree: You already established a rate with them?
Gregory: Well it's like establishing a rate without approval and we didn't anticipate that
we would go ahead and using the front load system. It's just that I've been reluctant to
buy more rear load dumpsters knowing that the front containers are there, and I've been
delayed by about three months on my back up truck is what is going on. (Inaudible)
Rountree: But the 20th wouldn't be an issue for you? Okay.
Corrie: Okay, we'll have it on the 20th then. Thank you Bill Gregory.
2. TABLED 6/22/99: DEVELOPMENT AGREEMENT BY STEINER
DEVELOPMENT FOR DAKOTA RIDGE ESTATES:
Corrie: Mr. Gigray?
Gigray: Mr. Mayor and members of the Council, I just have a report to the Council and
the Mayor. This matter was continued I believe at the last Council meeting on the basis
that there were some inclusion in the development agreement that had been signed by
Steiner that were actually matters of a revised development agreement that should not
have been in there. We have rerun the development agreement, eliminated those
provisions and resubmitted it. I would report to the Mayor and to the Council that Mr.
Bradbury has sent me a letter and we have discussed this. They are in agreement with
the changes and they have full authority for Mr. Bradbury who has represented this
client that all proceedings before the City Council that we have their authority to
substitute the signature page on the existing agreement, which the Clerk has, for the
new agreement which would not require them to resubmit it to their client for signatures,
so you could go ahead and act on this evening and then we would simply supply them
with a conformed copy of the agreement. The letter from Mr. Bradbury is dated July 2,
1999, and I've supplied a copy to the Clerk.
Rountree: Question for Shari. Does that take care of the concerns that you had?
Stiles: Yes, it does.
Rountree: Okay.
Corrie: Any other questions from Council? Hearing none, I'll entertain a motion on the
development agreement by Steiner Development for Dakota Ridge Estates.
Rountree: Mr. Mayor, I move that we approve the development agreement for Dakota
Ridge Estates, authorize the Mayor to sign and the Clerk to attest with the substitute
signature page as indicated in the developer's letter dated July 2nd) 1999.
Bird: Second.
Corrie: Motion has been made and seconded to approve the development agreement
of Steiner Development for Dakota Ridge Estates as stated. Any further discussion?
Hearing none, all those in favor of the motion say aye.
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Meridian City Council Meeting
July 6, 1999
Page 4
MOTION CARRIED: ALL AYES.
3. TABLED 6/15/99: DEVELOPMENT AGREEMENT BY ALICE CULVER AT 911
E. PINE:
Corrie: Mr. Berg, has that been signed?
Berg: Mr. Mayor and members of the Council, we tabled this at the last meeting
because the Culvers wanted a couple of lines changed which were agreed with the
attorney and with Shari, and this is a new development agreement and we do have it
signed by the applicant.
Corrie: Any questions from Council? I'll entertain a motion on the development
agreement on item number three.
Anderson: Mr. Mayor I would make a motion that we approve the development
agreement for Alice Culver for 911 E. Pine and authorize the Mayor to sign and the
Clerk to attest.
Rountree: Second.
Corrie: Motion is made and second to approve the development agreement by Alice
Culver. Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
4. TABLED 6/15/99: ANNEXATION AND ZONING ORDINANCE #830 -- ALICE
CULVER AT 911 E. PINE:
Corrie: Will the City Clerk please assign a number and read the ordinance by title only?
Berg: Mr. Mayor, Ordinance #830 (ORDINANCE #830 WAS READ BY TITLE ONLY)
Corrie: Is there anyone from the audience who would like to have Ordinance #830 read
in its entirety? Hearing none, I'll entertain a motion on Ordinance #830.
Bentley: Mr. Mayor I move that we approve the annexation and zoning Ordinance #830
for 911 E. Pine with suspension of rules and authorize the Mayor to sign and the Clerk
to attest.
Bird: Second.
Corrie: Motion made and second that we approve the annexation and zoning ordinance
#830 with suspension of rules. Any further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
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Meridian City Council Meeting
July 6, 1999
Page 5
MOTION CARRIED: ALL YEAS.
5. TABLED 6/15/99: FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING
LOTS) BY TEALEY'S LAND SURVEYING-NORTH OF PINE & WEST OF
LOCUST GROVE RD:
Corrie: Council, you have a letter from that that they would like to have that tabled I
believe until August 3rd. Is that correct?
Bird: Mr. Mayor I move that we table the Maws Subdivision No.3 final plat until August
3 rd, 1 999.
Bentley: Second.
Corrie: Motion made and second that we table the final plat for Maws No.3 Subdivision
until August 3rd, 1999. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES~
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING FOR PROPOSED CHERRY LANE ESTATES BY
JEFFREY L. MANSHIP -- 4375 W. CHERRY LANE:
Corrie: Council you have the Findings of Facts in front of you. Any questions or
discussion on that?
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law, Decision and Order for the annexation and zoning of Cherry Lane Estates which
results in a denial of that application.
Bentley: Second.
Corrie: Motion is made and second to approve the Findings of Fact and Conclusions of
Law that shows a denial of the request for annexation and zoning. Any further
discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
Meridian City Council Meeting
July 6, 1999
Page 6
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
REZONE OF.323 ACRES (FROM R-15 TO L-O) BY MATTHEW & DANITA
HARTZ-1990 N. MERIDIAN RD:
Corrie: Council, you have the Findings of Facts on item number seven.
Rountree: Mr. Mayor I move that we accept the Findings of Fact and Conclusions of
Law, Decision and Order which approves the zoning request for property owned by
Matthew and Danita Hartz.
Anderson: Second.
Corrie: Motion is made and second that we accept the Findings of Fact and
Conclusions of Law on item number seven for approval. Further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE,
YEA.
MOTION CARRIED: ALL YEAS.
Rountree: Mr. Mayor, just want to check something here. There was no attached
resolution and there is no indication that zoning and annexation ordinance be prepared.
Should there be one on that?
Corrie: Mr. Gigray?
Gigray: Well we need to locate it, because I've got a letter of transmittal here to the
Clerk showing the Findings and the ordinance and a development agreement were sent
over.
Rountree: Subject of another evening.
Bird: There was supposed to be a qevelopment agreement along with this from our last
motion that we when we passed it before.
Rountree: It indicates that it's to be prepared, but we don't have it.
Bird: He's got a copy of the development agreement, but we don't.
Rountree: Do you have a signed one?
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Meridian City Council Meeting
July 6, 1999
Page 7
Gigray: Mr. Mayor, members of the Council, we sent those to the Clerk's office and I
don't know whether or not they've got the development agreement signed yet or not.
They have the development agreement and the proposed ordinance.
Rountree: That answers my question, Mr. Mayor.
8. REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE/ RETAIL
BUILDING BY BRIAN CHAMPION-129 E. PINE STREET:
Gigray: Mr. Mayor and members of the Council, just a matter of procedure and advice
to the Council since this is one of these that is not subject to public hearing by
ordinance, my recommendation is that the Council's action in these matters is either
accept the recommendation of Planning and Zoning Commission since the record has
been made before them and then direct me to prepare the appropriate findings and
order in relation thereto, or if upon your review of the recommendation of the Planning
and Zoning Commission, you feel that there is further information that is needed or you
can't accept it then I would say your choices are to determine whether or not to hold a
public hearing to resolve those issues that would need factually further determination or
remand it back if you see some failure to meet the process.
Rountree: I have a question of Shari, if she would just give us a little rundown on this.
It looks like she is ready to do that.
Stiles: Mayor and Council, this is for the property that's directly adjacent to the city's
parking lot on Pine Street, Piasano's would be over here. There's a single family home
here and of course Stan's Mowers and Dave's Body Shop would be here on E. 1st
Street. The applicant has gone through significant pains to remodel this house, the
existing house. It would have been very tempting for him to demolish it and start over,
but he has done quite a bit of remodeling. If you have a chance, you should go by there
and see what he's done. The only issue that was really remaining was that Ada County
Highway District wanted the alley dug out and paved the entire length back to 2nd Street.
It's my understanding the applicant has since worked with Ada County Highway District
and they have come to an agreement that he would deposit the monies with Ada
County Highway District so that at such time as they can repave the alley in its entirety,
they would do that, and he has written a check out to them. He hasn't submitted it to
them yet, but that was really the only issue that remained.
Corrie: Thank you Shari. Questions of Council, discussion? Do you have enough
information you believe to act on it then?
Rountree: Mr. Mayor I move that we accept the recommendation from Planning and
Zoning Commission and have the city attorney prepare Findings of Fact and
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Meridian City Council Meeting
July 6, 1999
Page 8
Conclusions of Law and Decision and Order reflecting an affirmative for this conditional
use.
Bird: Second~
Corrie: Motion made and second that we approve the conditional use permit request
and have the attorney draw up the appropriate Findings of Fact and Conclusions of Law
on item number 8. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
9. REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU FOR
MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE RD:
Corrie: Shari.
Stiles: Mr. Mayor and Council, this is the existing location where TCBY and Moxie Java
are, the Fred Meyer site. The storage units are down in this area here. At the last
public hearing before Planning and Zoning Commission, the applicant did indicate they
will probably be coming back in for this area here. They feel they've saturated the
storage unit market there, and would possibly be requesting limited office use for that
area, but an application has not been submitted yet. Planning and Zoning Commission
did recommend that it be approved. There is an existing drive through lane that goes to
the TCBY here. Originally when this project was proposed and came through a
conditional use permit, the two drive throughs were not approved due to the impact on
the adjacent residential use across Locust Grove. They are now proposing - this is two
way drive way here. They're proposing that the drive through would be coming through.
TheyJd have to cross the traffic, have the drive through here and then they would be
coming back on this loop road. Staff did not recommend this configuration due to what
we feel would conflicts in the parking area. But that's about it. Do you have any
questions?
Bird: They're coming down the road there Shari and coming up on the east side of the
building is where the drive through is going to be, right?
Stiles: Yes, they would be coming this direction and then cross traffic to go in this drive
through lane and then they would exit through the loop road.
Bird: And they'd have to cross the drive through for the TCBY?
Stiles: Yeah.
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Meridian City Council Meeting
July 6, 1999
Page 9
Anderson: (Inaudible)
Stiles: Ada County Highway District didn't have any comment on it. The only reason
they did not have comment on it is because they have no jurisdiction over parking lots.
Rountree: Mr. Mayor question for Shari. I don't that I heard, but you may have said
what staff's recommendation was.
Stiles: Staff recommended that it be denied.
Rountree: Mr. Mayor we've done this before and we made a decision before and I for
one would - of course Glenn and I are maybe the only two left, but I would stand by that
previous decision.
Anderson: Would you enlighten us new Council members what that decision was?
Rountree: The old decision was what Shari said was that originally it was proposed with
two drive throughs and we didn't feel it would work, and I don't feel that it will work today
even with the timing issue that was demonstrated. Once that's a drive through whether
it's a Moxie Java or whatever, I am not of the opinion that it would be a benefit to that
area.
Bentley: Mr. Mayor, I would agree. We've, as Mr. Rountree said, we've gone over this
and it appears to be an accident waiting to happen and I will not support it.
Bird: I think it could have a better way of doing it. I think it can be accomplished. I
would like to know what the traffic of the existing drive through is and what kind of
proposed traffic they'd have on the new drive through. I don't know if this would hurt t
have a public hearing on something like this.
Anderson: Mr. Mayor as being a frequent patron of TCBY, I've been in that drive
through line several times when traffic is backed up rather heavy, and I think this would
be inviting trouble. Anytime you put two drive through heading in opposite directions
around the same building, you're going to have people getting irate, mad, more chances
for wrecks. I think it's a bad idea.
Corrie: Anyone else? Okay, I'll entertain a motion to have the attorney draw up new
Findings and Facts.
Rountree: Mr. Mayor, I move that we have the city attorney prepare Findings of Fact
and Conclusions of Law Decision and Order that reflects the Council rejection of the
Planning and Zoning recommendation and a denial of the request for conditional use for
a drive through for Moxie Java.
Meridian City Council Meeting
July 6, 1999
Page 10
Bentley: Second.
Corrie: Motion made and second to have the attorney draw up the Findings of Fact and
Conclusions of Law and Decision and Order for denial of the request for conditional use
permit of Moxie Java, item number 9. Any further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
10. APPEAL OF ZONING ADMINISTRATOR'S CONDITIONAL USE PERMIT
REQUIREMENT BY CINDY CHACE d/b/a KIDS CLUB:
Stiles: Mr. Mayor and Council, I don't have a graphic of this. They have submitted a
conditional use permit application, but they are appealing our request for them to enter
into a new conditional use permit for modification of the original conditional use permit.
Their proposing an 800 square foot building to be added to the property. If you're
familiar with the property, it's just north of the Post Office on E. 1 st Street. They are
proposing it beyond the setback just on the north side of their property. However, the
applicant when he came in to talk to us, indicate the present structure is only 1800
square feet and we felt the addition of an additional building with a kitchenette or I'm not
sure what the terminology was and a restroom even though the number of children
cared for would be the same would constitute a significant change and that's the
reason we requested a new conditional use permit application.
Corrie: While this isn't a public hearing, we would like to hear what the appeal is.
Chace: Thank you very much. My name is Raymond Chace and I sit on the Board of
Directors of the Parent Company at Kid's Club and why I'm here before you is to appeal
this because our initial understanding of what was needed to add this building was an
accessory use permit based on the square footage of the new building, which is what
we felt and what was initially thought of as incidental to the main building. In
accordance with our previous permit, we will consent to pay all additional sewer, trash,
insure the building conforms to the look of the 1 st Street structures. The addition is to
provide existing space as Shari said for the children in the winter time. No impact on
ACHD, no further staff or children will be at the site. What we'd like to do is apply for
the accessory use permit, pay the fee and break ground pursuant to the building permit.
Thank you.
Corrie: Council have any questions?
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Meridian City Council Meeting
July 6, 1999
Page 11
Bird: I have none.
Corrie: Thank you. So the Council has an idea here, you can either accept the appeal
of the Zoning Administrator's conditional use permit requirement. You can not require a
conditional use permit or you can deny the appeal and stay with the administrator's
conditional use requirement.
Rountree: Mr. Mayor I have a question for Shari. If I heard correctly the applicant is
asking for an accessory use permit and that doesn't equate with what is happening
there.
Stiles: We did look at the possibility of whether we could consider it an accessory
building, and it didn't meet the criteria for being considered an accessory building.
That's why we wanted them to come back with the modification of the originally
approved conditional use permit.
Chace: Unfortunately I don't have any documentation that defines an accessory use.
My understanding is that an accessory use is 500/0 of the square footage or less, and we
are just over 34-350/0 on this building, which is pursuant to the zoning amendment
requirement and we are still in compliance with our original and existing conditional use
permit when I was before you February of 1997.
Rountree: Mr. Mayor, it still seems to me that there's some confusion between the two
parties here, and I guess I would recommend that staff and the applicant continue to
talk through this until we're communicating and using the same terms and
understanding what accessory use is per our ordinance and trying to find out what their
understanding of it is so we can reach an agreement. Without that I guess I would not
have sufficient information to make a recommendation. Other than that, I would be
supportive of staff's recommendation to deny the appeal, but I think there's still some
room for communication here that needs to go on.
Corrie: At the risk of telling him absolutely no, Shari can you two get together one more
time and kind of work out the verbiage here so everybody is on the same page?
Stiles: I believe we've done that. Everything that we've discussed has been
misinterpreted and I think we're at an impasse now where like tonight he comes in here
and says he understood 500/0 increase was the ordinance and that was not even
insinuated.
Rountree: Shari, I know this is asking a lot, could you paraphrase to us what accessory
use means?
Stiles: I don't have the ordinance in front of me now. It talks about accessory buildings.
Gigray: Mr. Mayor and members of the Council, while they are looking it seems to me
that the decision and what the Council has to grapple with in this particular application is
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Meridian City Council Meeting
July 6, 1999
Page 12
first there needs to be some kind of analysis of the findings and conclusions of law of
the conditional use permit that was originally issued here. I think I have heard it's kind
of a bold statement that this is in compliance, but I didn't hear any analysis of why that
was the case because I think the issue here is whether or not this applicant needs to file
for an amendment to the conditional use permit that was granted before in order to
accomplish what they hope to accomplish. - have an accessory use permit and I think
we have to look at those findings and I didn't see any brief or anything filed with this
other than what we've heard this evening.
Stiles: Mr. Mayor and Council, what we were relying on is one part of the ordinance that
says if you have more than one building on a lot, it would require a conditional use
permit. Things such as a shed, or a garage, we can approve through - call it an
accessory building. Say it's incidental to the use of the approved use and we do
approve those without having to go through this process for the modification. Under 11-
2-405J, modification or amendment of approved application or use. It states all
applications for amendment, alteration or modification of an approved application or use
shall be treated as an initial application and must be processed in the same fashion and
under the same procedures as an initial application. That's what we were relying on in
our determination. We have spoken to them on numerous occasions, tried to work with
them to see if there's a way to get around that. Staff did not feel that we had that ability
to forego that provision of the ordinance~ There is also under the accessory building
standards, it's quite lengthy, it would be under 11-2-41 OD2A, and there are a number of
things that did not meet the requirements to be determined in accessory building. It
would have had to be located in - it said if it's not in a rear yard, an accessory building
shall be connected with the principal building, which it is not. If it was in the rear yard, it
couldn't exceed 15 feet. I think they met that. Couldn't be located within 25 feet of an
adjacent residentially zoned lot. I'm not sure they could meet that. So that's what we're
using is because we didn't consider it to be an accessory building.
Bentley: Mr. Mayor in light of what Shari has read, I don't see a way to approve this
appeal. It sounds like it's going to have to go through modification.
Chace: Is it possible to respond since this is an appeal of that to her assertations. We
are zoned as an R-15. There are no residential buildings anywhere near the building.
We are 15 foot setback. It's on a half acre lot. If you did see the building plat, the
language and the interpretation of the language with the definition of the incidental
building or the definition of the off site building is vague and that is why I'm before you.
Initially we approached this in February or March of this year, and we delayed it based
and we relied on the zoning administration's terminology. This would be an accessory
use building. We therefore did not apply until we were ready to break ground and when
we started to break ground, that when we found out we had to go through the initial
conditional use permit process again and we are in compliance with the initial use
permit. We've had no complaints. We're not tearing down any trees, we're not
increasing the flow of traffic. We're not putting an unburdened use on the sewer system
which I think addresses most of the concerns that a public hearing would (End of Tape)
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Meridian City Council Meeting
July 6, 1999
Page 13
Chace: .. ~ that's why I'm here before you today. This is going to add a significant cost
to us in a delay if this isn't granted, so thank you very much again.
Corrie: Comments from Council?
Rountree: Mr. Mayor, by way of discussion, I personally see two ways to go. One if the
applicant is willing to substantiate and evaluate the conditional use permit and the
findings and build a case to support his position, I would be willing to table this item for
yet another discussion. Or I would have to take the recommendation of staff based on
the definitions that were read and the basis that they had for their denial.
Corrie: Any further discussion? Hearing none, I'll entertain a motion one way or the
other and we can see where it goes.
Rountree: Mr. Mayor I would have to direct a question back to the audience and -
Chace: Absolutely, I would agree to that.
Rountree: You would agree to evaluate the conditions? I present that no guarantee.
Chace: I understand.
Rountree: But you seem passionate about your position so we'll give you an
opportunity to present that.
Chace: Right now?
Rountree: No, in two weeks.
Chace: Okay.
Corrie: If that happens to be the Council's decision.
Rountree: Mr. Mayor I would move that we table this item for two weeks to our next
regularly scheduled meeting July 20th to receive additional information on the requested
appeal.
Bentley: Second.
Corrie: Motion is made and second to delay the appeal for information from the
applicant and administrator on item number ten on the conditional use permit. Any
further discussion?
Bentley: Mr. Mayor maybe it would help us if we had some copies of the record on that.
Rountree: The CUP.
Corrie: Shari, can you have that for us as well? Thank you.
Bird: Mr. Mayor, also I would like to see a site plan.
Corrie: Okay, I think the applicant can get that as well. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
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Meridian City Council Meeting
July 6, 1999
Page 14
Corrie: If you will check with Shari and well you can get whatever you want to get ready
for it. Shari, you can get the information to us for July the 20th meeting.
11. PUBLIC HEARING: REQUEST FOR VARIANCE FOR REINSTATEMENT OF
APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY R2
DEVELOPMENT, INC. - WEST END OF LANARK STREET:
Corrie: I will open the public hearing at this time and we'll entertain the staff to testify
fi rst.
Stiles: Mr. Mayor and Council, I do not have a transparency on this. This is the
property immediately west of the existing Olsen Bush Subdivision NO.1. It's where
Wheel City USA, Yankee has some property back in there, and this was an extension to
the west. I would have a cul-de-sac or I'm not sure that these drawings that are
included in your packets are the approved plat. But staff would recommend approval of
reinstatement of the approved preliminary plat with the conditions in that original
approval. I would like the applicant to be able to come and state when they are going to
submit the final plat. They've asked for this variance because the time has expired for
them to be able to submit the final plat.
Rountree: Question for Shari or Gary, either one. Is this the first extension that's been
requested?
Stiles: Yes.
Rountree: Okay, thank you.
Stiles: It's the first variance that's been - I believe they already did a time extension,
no? They must have just missed the cut off for the time extension then. I'm sorry, I
don't have the right file here with me, so Brad if you could let them know what the
original approval date was.
Miller: Brad Miller with Van Auker, actually R2 Development. I believe it was approved
Shari in the summer of 1996 and we allowed it to expire because we didn't have the
easement necessary to get our sewer through there, so now that we have sewer, the
easement and the sewer system there, we're ready to move ahead, so we're asking that
the City Council- since to the best of knowledge there's no changes in the ordinances
or anything and the preliminary plat is going to stay the same, it would make sense to
go ahead and extend that time frame~
Bird: That delay was because of getting the right-of-way through the property there.
Miller: Correct from the Elixir Industries to get that easement, which all of you are
aware and with the help of the Mr. Mayor and City Council, we're able to get that done.
In fact I got a call today from Elixir Industries demanding a bill for their portion of it. So
I'll add on some time for the City Council to that bill.
Corrie: It was April 12th, 1999 by the way.
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Meridian City Council Meeting
July 61 1999
Page 15
Miller: Any other questions or anything?
Stiles: Do you have a time when you're going to submit that final plat?
Miller: Well as soon as possible is what we'd like to do. I'll get Dave Roylance back
involved in the project and we'll go ahead and get that done.
Stiles: And we need to double check. I think this was one where the development
agreement was never entered into. We'll double check and make sure that gets done
concurrently with your final plat.
Miller: Correct, that would be fine. I just want you to know anything that Ben Barham
has to say in favor of the project, I agree with. If he opposes it, I don't agree with it.
Corrie: Okay, is there anyone else from the public who would like to issue testimony in
this public hearing on the variance?
Barham: My name is James B. Barham, 2950 E. Franklin Road, Meridian, Idaho 83642.
I do not oppose this. However I would like to see to it that there is a six foot chain link
fence between my property which extends the full length of the property before the
development is put in. Also it will be necessary for a drain to be put from my property to
the drain ditch to the north which is following pretty well along their sewer system. The
Olsen Bush property has cut off the drain to the drain ditch. Other than that, this is as
exciting as the last one was.
Corrie: Is there anyone else from the public who would like to issue testimony on this
hearing? Hearing none, Council discussion? I'll entertain a motion to close the public
hearing.
Bentley: So moved.
Rountree: Second.
Corrie: Motion made and second to close the public hearing on item number 11. All
those in favor say aye.
MOTION CARRIED: ALL AYES.
Corrie: Council, what would you like to do here?
Bird: Mr. Mayor, I got a question. Do we need a development agreement or - Shari,
and you don't think there is one?
Stiles: I don't believe there is. I can't remember if it was a part of all that RC Willey and
was this part of RC Willey?
Bird: No, no.
Stiles: This was a totally separate one?
(Inaudible)
Bird: This is across the street.
Meridian City Council Meeting
July 6, 1999
Page 16
Stiles: So that wasn't of that Commerce Park Subdivision all included in that
annexation?
Bird: This is the property west of that YMC out there.
Stiles: Yes, and I believe that the development agreement was probably a condition of
the annexation at that time, but it was never done.
Bird: It never was done, so we need to draw one now at this point.
Stiles: Yes.
Corrie: Other comments? All right I'll entertain a motion on the request for variance.
Yeah we'll Findings of Fact and Conclusions of Law. That's correct, but you either have
to conditionally approve, deny, continue for 45 days plus the Findings of Fact and
Conclusions of Law.
Bird: Mr. Mayor, I'll attempt it. I move that we have the attorney draw up the Findings
of Fact and Conclusions of Law and Decision and Order and a development agreement
and now we need to have a 45 day extension? Okay, with the recommendation that we
pass the variance for reinstatement of approved preliminary plat for Olsen Bush II by R2
Development, Inc.
Bentley: Second.
'Corrie: Motion made and second that we have the attorney draw up the Findings of
Fact and Conclusions of Law with the approval of the variance and also to the order of
decision. Any further discussion?
Gigray: Mr. Mayor, may I ask a point of information? Would there be a time limit with
regards to the extension or is it unlimited?
Bird: One year. That's standard, isn't it?
Gigray: Yeah, but this is a variance, so I need to know what you want in there.
Bird: You want the one year? I do.
Corrie: It's your motion.
Bird: One year.
Corrie: Mr. Gigray, have you got that?
Gigray: Yes, thank you Mr. Mayor.
Corrie: Any further discussion? Hearing none, roll call vote.
ROLL CALL VOTE: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
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Meridian City Council Meeting
July 6, 1999
Page 17
12. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 6.15
ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY
IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE &
FRANKLIN:
Corrie: I will open the public hearing and have staff's report first.
Stiles: Mr. Mayor and Council, this is for the property located at the southwest corner of
Franklin Road and Locust Grove Road. It has been known as the Monty McClure
property. We have Medimont Subdivision being marketed as Stonebridge Subdivision,
zoned light industrial. There are existing rural density homes located in R-1 zone that
would be immediately adjacent to this property here. This is a rural transitional zone.
This is the Tamura Berry property that they have zoned as commercial and light
industrial. The right-af-way has been dedicated through at least to the railroad tracks.
However no development has taken place at this time and of course the construction
has not taken place. Five Mile Creek runs through the corner of the property. Most of
the creek would be included in the future right-of-way. This will be 96 foot wide right-of-
way on Franklin Road. Also Locust Grove is another arterial that would be a five lane
roadway at some point. I would like to state for the Council's information and for
anybody testifying tonight~ The issue is not whether this is subsidized housing. I would
hope that there is no discussion at all of that issue. Any decision made by the Council
needs to be made solely on the basis of whether this should be rezoned and annexed
with a designation of R-40. The applicant has requested the R-40 because we only
have the R-15 and the R-40. There's nothing in between and they're going slightly
above the R-15 density. Although the conditional use permit application is being held at
Planning and Zoning Commission until they get your decision on the annexation, I do
have a transparency of a proposed site plan layout. It has been revised from what
Planning and Zoning has seen, but if you feel that would aid in your decision as to
whether this is appropriate for apartments, I can certainly present that, but again I would
like to reiterate it is only to decide whether the R-40 zoning is appropriate, and we can
put conditions on it as part of that through a development agreement to limit the density
to 20 and buffering requirements and those types of things, but that is why you're only
seeing the annexation and zoning at this time~
Rountree: Shari you said that ACHD had had a 60 foot from centerline setback
requirement. Didn't they change that to 48 feet or did they go back to 60?
Stiles: They changed it to 48 feet from centerline. We went through probably three
different scenarios for that~ The first one they said they wanted 60 feet from the
centerline to allow for a left turn lane. Then it was they wanted the 60 feet to include
this drainage the Five Mile Creek natural creek. Then the last correspondence we had
from them it's going to be the five lane and they only need 48 feet from the centerline.
That was their latest communication.
Rountree: As well as on Locust Grove.
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Meridian City Council Meeting
July 6, 1999
Page 18
Stiles: Yes.
Rountree: Thank you.
Corrie: any other questions of staff?
Rountree: Not at this timea
Corrie: Thank you Shari. This is a pubic hearing. Is there anyone who would like to
testify on this annexation and zoning request?
Butler: Good evening Council members, JoAnn Butler, 607 N. 8th Street representing
the applicant, Ionic Enterprises. With me here tonight I'm going to be speaking about
this project especially the annexation and rezoning, and I've handed out a little synopsis
of your criteria on the annexation and rezoning and will try to just summarize that a little
bit and try not to do it too much in verbatim~ With me here tonight is Moe Therian, an
appraiser who has published the Ada County Area Apartment Study and is going to
speak to the Council briefly after my presentation on the state of apartments in Meridian
and in Ada County. Mark Sanders is here, an architect and he is not going to address
the Council directly unless you have specific questions because we are not focusing
specifically on the site plan, although I will make reference to it, but he is here in case
you have specific questions. Gary Lee, an engineer, whose firm produced a traffic
study for us is also here tonight but won't be addressing the Council directly unless you
have specific questions about traffic and transportation. Also with me tonight is Paul
Stamas, Bryce Peterson, and Lisa Gould representing the applicant and they although
they won't address you directly are here to answer any questions. As Ms. Stiles pointed
out P & Z has made its recommendation in connection with annexation and zoning, and
that's all we're here to do tonight. That CU application was tabled and we will ultimately
be back before the Commission we hope. So we're briefly going to go over these
criteria with you on annexation and zoning and of course we are respectfully asking that
you approve that annexation and zoning because we think we do meet all those criteria.
As Shari pointed out, the property owned Ionic Enterprises is zoned in Ada County as
Rural Transitional, and Ada County Code provides that's more or less a holding zone
that when it winds up being located in your area of impact, your urban services planning
area, it's appropriate to annex that property and zone it so that when urban services can
be provided and urban densities can be achieved. Meridian in essence made the
decision to annex this property and have it developed as a planned development. When
it adopted its Comprehensive Plan when you place this area as part of your area of
impact and when you place this property as part of your urban services planning area,
and so this annexation request honors the Meridian area of impact boundaries as
designated on the boundary map. Looking at the annexation request, we do meet the
following four tests of the city. One, you have received a recommendation from the
Planning and Zoning Commission on annexation and zoninga You have followed your
notice provisions as provided by your code. The owner of the property has requested
annexation of you in writing and as I mentioned the property is presently located in the
Meridian urban services planning area. It's contiguous to the city. Thus it is appropriate
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Meridian City Council Meeting
July 6, 1999
Page 19
for annexation at this time. With regard to zoning, the purpose of the R-40 zoning
district that we requested and Ms. Stiles is exactly right the overall density of this project
on 6 % acres is 15.6 units per acre so we don't quite make the 15. The purpose of the
R-40 district as described in your ordinance is to permit high density residential uses at
a density not exceeding 40 dwelling units per acre and connection to municipal water
and sewer systems as required. Services are available at site. The first criteria and the
longest so bear with me is will the new zoning be harmonious with and in accordance
with your Comprehensive Plan? And yes it is. It does achieve your Comprehensive
Plan goals. You encourage through your Comprehensive Plan future population growth
within the area of impact where municipal services and utilities are both available and
planned for. Your policy is to improved unimproved land in this area to quote from your
Comprehensive Plan, maximize public investments, curtail urban sprawl and protect
existing agricultural lands. You require that no new residential development be
approved outside of that urban services planning area. You acknowledge in your
Comprehensive Plan the challenge of providing services to your citizens requiring the
expansion of both your economic base, creating new jobs and with that creating new
residential opportunities. Your Comprehensive Plan states that housing is a dominant
physical feature in Meridian and as the city grows, that housing demand is going to
increase. The only way for you to develop the ideal community that you propose in
your plan is to maintain and upgrade the quality of existing and new dwelling units at the
same time providing that strong economic and commercial base. The location of this
project does support your Comprehensive Plan goals to encourage a wide diversity of
housing types and choices between ownership and rental units for all income groups in
a variety of locations throughout the city. It's your goal and of course I've cited these
within the document that I've given you so that you have a good reference to your Comp
Plan. It's your goal to provide a sufficient choice of adequate housing in the community
to meet the needs of all individuals whatever their socioeconomic background, their age
and their ability or disability. As I said Mr. Therian will be up here in just a few minutes
to talk about the fact that at the present time there is a shortage of housing opportunities
in Meridian in the apartment area. The city promotes the development of housing for all
income groups and hopes that they are close to employment and shopping centers. I
want to back up just for a minute. Although I really appreciate what Ms. Stiles has said
to the Council here. The issue of who will rent apartments and what their income levels
will be or are is not appropriate in considering whether or not to zone this property, but I
do want to address it for the Council. I know it's a separate issue, but I certainly heard it
at the Planning and Zoning Commission. So I want to address how this project may be
financed. The developer of the project, they try to work with the Idaho Housing ,and
Finance Association to get bond financing. They may not. These may be straight
forward apartment complexes with a stucco interior with an extensive fitness center,
with a pool, with a half basketball court, with tot lots and equipment and a fitness center.
It will have those elements anyway, but if Idaho Housing Finance Association and this
developer work to finance this through bond financing, all that means is that this
developer will be able to get a slightly lower interest rate loan meaning that the debt
Meridian City Council Meeting
July 6, 1999
Page 20
service on that loan would be slightly lower and in return for that, they would have to
provide a minimum of 200/0 of the units would have to be rented to people who are at
600/0 of the median income in the area. That's 20 units would have to be rented to
people with median income - 60% of the median income. Those people are our kids.
Those people that are just starting out that may have one child, maybe have two kids
and they're just getting on their feet. Those are you and I unfortunately probably more
than 20 years ago now for me, but these are the people that we are trying to provide for
in Meridian. So with that the applicant has presented to you a unified integrated
development near major access thoroughfares as promoted by your Comprehensive
Plan. It fosters your policy for compatible land use and design including an extensive
landscape treatment for the site to buffer surrounding uses. You Comprehensive Plan
does call for the timely provision of adequate infrastructure including roads, sewer,
water and drainage to allow this development, and the applicant will be extending
services through this area and is keen to continue working both with you and Ada
County Highway District and others to provide the infrastructure. In essence what this
project helps the city do by extending services is help you continue providing services
ever further out into your area of impact. This city has already made the determination
by defining what its area of impact is going to be. You've already said that you are
going to annex into that area and provide services into that area within a reasonable
time. You won't get to the rest of that area of impact unless you start where this project
is which is right next to the city where services are available so this helps the extension
of services. The next criteria is whether the area is including in the zoning amendment
- whether the area included in the zoning amendment is intended to be rezoned in the
future and I think I've answered that by saying yes this is intended to be rezoned by the
virtue of the fact that it's in the area of impact. The project is with the next criteria
intended to be developed in accordance with the criteria proposed or set out in your
ordinance and what I've done for you is just on a little table showing the standards that
your ordinance requires and how the project would be built~ With regard to you're going
to see under the building, just to be clear on this, I've indicated how many bedrooms
would be planned for the unit and you'll see a second column on proposed revisions.
Something that we will bring up with the Planning and Zoning Commission when we
hopefully get there is that we will probably if the Commission will let us redesign a little
bit to allow for fewer one bedrooms and more two bedrooms and that's what that
particular column is about. With regard to your criteria asking about whether or not
there's been a change in the area that dictate the area should be rezoned. Well there
has been a change and it's exemplified by the provisions of your Comprehensive Plan
by defining this area as an area into which you are going to annex and defining it as a
planned unit development area makes it appropriate for the city to rezone it into this
area. The next criteria as stated in your plan, higher density residential development
must be provided to meet the growing demands of the community. This project helps
maintain the character in the general vicinity and it won't change the essential character
of the area. You can ask me how much you want to get into overall site planning issue,
but it does offer you the opportunity to provide a unified development of apartments in
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Meridian City Council Meeting
July 6, 1999
Page 21
what we call a park like setting with extensive landscaping which sets an example for
attractive, heavily landscaped, well signed, an innovative project for Meridian close to
jobs and urban services. This is essence can help create an example for Meridian. I'm
all too aware of the fact that Meridian like many communities in what was once rural
Idaho has seen farm home housing section 8 housing, housing that is not necessarily
given you the best example or others the best example to work off of, and that's exactly
what we're trying to stop and trying to create a better example for Meridian. This use is
not hazardous or disturbing to existing or future neighborhoods. This residential use
again is next to jobs and services. We've had many discussions with residents in the
are and with staff trying to find out what people want to see in terms of buffering
between this residential area and the other residential areas. We're fully confident that
the Planning and Zoning Commission is likely to give us several conditions of approval
regarding increased setbacks. Some neighbors have asked us for example for a
masonry wall along the southern boundary. That's certainly something that the
developer is willing to do and willing to work out the details of that with the Planning and
Zoning Commission. You work hard to ensure compatibility in Meridian and that's why
in an instance like this you require us to go through that conditional use process or the
public hearing process. I want to just again pick up on the fact because we heard it at
the Planning and Zoning Commission. You are likely to hear that multifamily housing is
incompatible with single family residential right next door. Commentators and our
courts have made it really clear that different types of housing cannot be viewed as
incompatible with other housing. Our legislature in this past couple of years has made it
really clear that a home is a home is a home. Whether it be manufactured home,
mobile homes, or multifamily home, we can't discriminate based on the type of housing
it is. There can't be any real serious statement that implies that housing is incompatible
with other housing, but it is true that this city has a right to consider design issues and to
make sure that this. project is conditioned in a way that ensures that compatibility and
we fully expect to do that with the Planning and Zoning Commission and with you. Your
next criteria and if the city had fewer criteria, it would take a little less time, but you do
require that essential public facilities and services are available and we will continue to
work with you arid the Ada County Highway District to ensure that this provision of
services coordinated. Cost of services in connection with the project will be paid
substantially by the developer. You've received written testimony and verbal testimony
from agencies and your departments including the Meridian School District that were
asked to comment on the project and there have been no objections. So this project
meets the next criteria. It won't create excessive additional requirements at public cost
for public facilities and it won't be detrimental to the economic welfare of the community.
This really is a natural progression of the development of your area of impact, which
you've identified for development. It's your intent to provide services and to help you
provide those services. This project does not involve uses, activities or any other
process or operation that will be detrimental to people in the vicinity, and we know that a
number of conditions of approval will be attached to the project so that there's no
possible detriment from say lighting in the area. With regard to traffic, you are likely to
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Meridian City Council Meeting
July 6, 1999
Page 22
hear tonight from people making presentations to the Council because we heard it at
the Commission, that rezoning for apartments will create traffic chaos~ For many even
one more car is chaos, but there is no factual evidence to indicate that this project will
be detrimental from a traffic standpoint. The city's professional traffic engineer, ACHD,
has determined that this project will not unduly burden the road system, and they
provided you that information. In addition, although it's not required by Ada County
Highway District, we have hired a traffic engineer to do a traffic study for our own
comfort and for further comfort from the city. That study will be presented to the P & Z
Commission when get there. That study demonstrates that the level of service at the
intersection of Franklin and Locust Grove at the most heavily traveled time of day and
the p.m. peak hour is presently level of service C. The goal level that Ada County
Highway District and the Ada Planning Association strive for. What this study shows is
that the level of service will remain at C after the development of the project. Not only
does it show that, it will remain at level of service C even with the anticipated growth in
this area, so this project is not going to impair the level of service that exists now and
neither will much of the other - the rest of the development that's presently anticipated.
With regard to road designs, Ada County Highway District is working and is continuing
to work I know with you, your Chairman Mr. MacCoy at the P & Z talked long about this
with us and the various committee meetings that he's working on and I know there have
been numerous presentations to Meridian with alternative road designs for this area
trying to push forward capitol improvement plan for Ada County. With regard to
vehicular approaches to the property, there are two intended accesses, one on Franklin
one on Locust Grove. Site distances have been determined to be adequate from both
locations by the traffic engineers. So there won't be any undue interference with
existing or future traffic patterns. This will not result in the loss or damage of a natural
scenic feature, and finally whether or not '- the project is in the best interest of the City
of Meridian. It's designed to be compatible with and further the goals of your
Comprehensive Plan and those goals, objectives and policies of the Comprehensive
Plan are there to promote the public health, safety and welfare and that's why you
adopted it. You've identified what the city considers to be in the best interest of
Meridian and this request for annexation supports those goals and objectives and
makes it in the best interest of the public. It's an excellent example of this private
property owner using the property in a manner that takes into account all of your goals
and objectives. So we believe with this that we meet all of your criteria for both
annexation and zoning. We are respectfully asking you to deliberate tonight and to
approve our request so that we can go back to Planning and Zoning Commission and
review more thoroughly the conditional use permit so with that I'll stand for questions
and then turn the podium over the Mr. Therian.
Corrie: Council, any questions?
Rountree: Ms~ Butler, could you explain to me the ownership of the property?
Butler: Ionic Enterprises, who owns it I'm sorry?
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Meridian City Council Meeting
July 6, 1999
Page 23
Rountree: Yes, who owns it.
Butler: Our client the applicant, Ionic Enterprises.
Rountree: Shari indicated that it was the Monty McClure property. Is there an
economic interest there?
Butler: It no longer. It was closed at the end of June.
Rountree: Okay.
Corrie: Further questions?
Butler: Thank you.
Therian: Mr. Mayor and Council, my name is Moe Therian. I'm a real estate appraiser.
My office is in Boise, and I've been asked by Ms. Butler to talk about the demand for
apartments in Meridian and its area of impact and I'll restrict my testimony just to the
demand segment rather than identify which particular sites in your community are best
suited for apartments. I would leave that up to you. As some background for myself, as
a real estate appraiser I've been practicing appraisal for over 20 years in Boise and Ada
County. My primary areas of expertise are Ada and Canyon Counties. My specialty is
apartment appraisal. I have appraised over 200 apartment complexes in the last ten
years. I also complete numerous demand studies for different clients and government
agencies as well as private developers and lending institutions regarding demand for
apartments in different cities primarily in southern Idaho. Finally we've been surveying
through a subsidiary company I have called Ada Real Estate Surveys the entire Ada
County apartment market, every complex over 16 units each quarter for the last 13
years, so that background just to give you an idea, I feel like I have a position to speak
on apartment demand in Ada County and in particular Meridian and its area of impact.
We found through all the studies and all the appraisals that I do that for strong growth
communities, there is a demand for apartments and through a series of studies that
we've completed over the years, that demand typically is 15 to 200/0 of the total housing
stock for multifamily residential rentals. In reviewing Meridian's pace of construction for
multifamily, it's obvious that you've been lagging significantly in the construction of new
multifamily during the past five to six years at least. That has created a fairly substantial
demand for additional multifamily in Meridian. Ada County overall has a demand for
about six to eight hundred units a year in the 1990's. Meridian with its growth both in
population and employment probably has anywhere from 20-400/0 of that depending on
the year that the growth study is undertaken, so that would indicate that 200 units at
minimum per year in Meridian and its area of impact is needed, and it could approach
300. That situation will actually become even more acute, meaning vacancies will
decline and the demand for multifamily will increase with all the growth that's going to
happen in the next two years in the Meridian area. We look at the St. Luke's medical
campus, Jabil, Family Center shopping center and all the other employers and
population, there is a demand for more apartments. Now that being said I always like to
step back and say well, how is the market? Is it full? And so in our last survey in the
Meridian City Council Meeting
July 6, 1999
Page 24
Meridian area counting the apartment complexes, vacancy was less than four percent.
That is on a declining trend, meaning it's going to go below four percent near term, and
if we look at the absorption of new apartments, the last real significant project in
Meridian City was Aspen Hills in 1996. It absorbed in 90 days, 120 units. The closest
project absorbing right now in the Meridian area is really actually in the Boise area. It's
the Renaissance Apartments near Hewlett Packard. It's 288 units, it's a huge project.
The last two months they've absorbed almost 80 units leased up. The demand is good.
Now this being said three years ago, I could have came up here and said we've got
enough apartments in Ada County because we built a lot of them in the early 90's, but
that situation is reversed. New construction starts are way down, and the demand for
apartments is continuing. So that's really alii had to say. If you have any questions, I
can answer that.
Rountree: Two things, and I don't speak real estate and apartments, but you talk about
these complexes absorbing in 90 days. Does that mean they're being occupied at a
certain percent?
Therian: Yes, correct. They fill up to about 950/0 occupancy, so the 120 units, they
leased 110 units in 90 days and Renaissance leased 80 units in the two months.
Rountree: And you mentioned a four percent vacancy, give me a point of reference. Is
that good, is that what the market strives for? Is that on the other side of good?
Therian: That is on the strong side of good indicating there is a demand for more
apartments. The balance market is five to six to seven percent. A soft market would be
ten to twelve percent vacancy. With you at four and on a declining trend, it suggests
that the growth in Meridian both population and employment, you need new apartments.
This probably won't be the only project that you hear and I'll bet in the next six months
there's three or four more coming in for the same thing, but these developers are
recognizing a need, and trying to meet that need within the next year.
Rountree: Thank you.
Corrie: I think this is going to be a long one, so I would like to ask if you would just limit
your comments to three minutes and no more than five. If it gets to five minutes, I'll tell
you and we'll kind of cut you down here~ Anybody else would like to testify in favor of
this zoning?
Fish: My name is Lance Fish, and my address is 4232 Adam Street, Boise. I'm here in
favor of this. I happen to reside in a project which Mr. Peterson was involved in which is
a single family residential neighborhood and has apartments. They've worked out very
well for us. It's called Lakewood in Boise, and we even share some services. Those of
us in single family we've used their facilities, their pools, recreation facilities so I think
that it has not been a detriment. If anything it's helped maintain the value of our
properties. So that's all I'll say. I won't reiterate anything anybody else has said here.
Corrie: Any questions? Thank you. Anyone else like to testify in favor? Those
opposed?
Meridian City Council Meeting
July 6, 1999
Page 25
Witherell: My name is Jim Witherell, 215 S. Locust Grove, Meridian. I'd like to briefly
address institutional memory. Those of you who have been on the Council for a long
time know that we've been coming in here to testify for a long time and I want Bob and
Charlie to know this is the first developer I almost like.
Rountree: That will be a first Jim. Thank you.
Witherell: I even accepted a cookie. It is a brilliantly designed complex. There's no
denying that. It will increase traffic, yes. It's 200 cars. They're all going to leave and
come back the same time of day when I'm trying to leave. The landscaping is superb.
But it's entirely too dense and that's why Planning and Zoning turned it down. Forget
how much it's going to bring sewers around the corner. A dog kennel can do that. Now
the critical part to me is that Bryce said when his daughter and son-in-law bought this if
this wasn't approved, they're going to apply for something else, and I would rather wait
and see what the something else is. But I would like to point out too three things that
come up from ancient history which I assume are still there. This was at one time going
to be (inaudible) Aspen Grove, high density R-15. In those Findings of Fact it came out
that - well in the testimony and in the documentation it came out the Five Mile Creek
was listed as a federal wetland. I don't know where the documents went, but they're
going to be some place in your files. The owners might not want to bury through them,
but I think the applicant should look into this. Five Mile Creek is also part of the Luck
Peak Flood Evacuation Plan for the Corps. Of Engineers and it maybe prohibitions
because that's suppose to be under water if the worst went wrong. That was also
presented. Comprehensive Plan they left out one point of that is that is Shari very
specifically said that the Comprehensive Plan required that next to R-1 houses, one
house per acre, it had to go with transition. It had to go to no more than R-3, then from
R-3 to R-6 and so on. Or I think there's probably a little pull there for an extensive
transition which is not just a masonry fence. Let me explain the masonry fence. In one
of our meetings it was asked - my neighbor, Mr. Roberson what he would like. Well the
first thing that came to mind was a masonry fence. That's what we have been fighting
for with the industrial park behind us. Well yes the masonry fence is fine if it's got 50
feet of landscaping in front of it. But it keeps being thrown back at him now that all you
asked for was a masonry fence. That's all we plan to give you and there's got to be
something more than that. The only time you can get away with the thing, you didn't
ask for it. (Inaudible) and that's basically all I've got to say. I think the rest of the
neighbors will probably address the other issues. Oh, I do have two questions on that
traffic count. How many days was it I was it out there. One day it was counters and
one day was little clickers which is not a random sample make two days out of 365 and I
didn't see any school buses in it. It's in the middle of the summer. Is it an accurate
sample for year round and it doesn't really matter anyway because ACHD specifically
said in Planning and Zoning, the rain will not follow the plow. They have no
improvements planned for either of those roads. Yes, they're talking about five lanes,
but they're not applying the real estate for it. It's way down the road, so whatever you
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Meridian City Council Meeting
July 6, 1999
Page 26
approve or don't approve what you see now is what you're going to get with more
buildings on it. Thank you.
Rountree: Jim, you indicated there was some discussion about a buffer and -
Witherell: It only got as far as the fence.
Rountree: A fence was mentioned and then you talked about some dimensions -
Witherell: All that was mentioned was the fence on the property line.
Rountree: In your mind what would be a reasonable buffer?
Witherell: A masonry fence probably will be needed, because of all the motor noise.
Now I've got a two story house so it's going to get to me anyway. But for the
Roberson's who are the closest to it, there should be some sort of masonry fence. My
ideal, I don't like tall masonry fences. I would go for a four foot masonry fence with a
berm. That will also cut down with landscaping of some sort on Roberson's side of the
fence. Now on both sides of the fence, but on that side especially so they have
something more than the Berlin Wall to look at. Now another issue on the landscaping
is between this development and the industrial park, they're extending that Berlin Wall
along the back so it's going to be fenced on two sides. Masonry is nice, it keeps down
~he sound. But we're going to start looking like Ogden, Utah.
Rountree: We don't want that.
Witherell: Or even worse, what's the example of somebody on Council hates, Phoenix?
Some town in Arizona.
Corrie: Thank you Jim. Anyone else opposed?
Smith: My name is Robert R. Smith. I live at 335 S. Locust Grove (End of Tape) and
Locust Grove Road is only two lane old country road right now for access, and we were
informed that this facility will have a major access on Locust Grove Road to get off of
the premises for this unit. There is some discrepancy because the Ada County
Assessor says that that's 5.527 acres rather than 6 % acres. So there density is way
over what the Ada County Assessor says that the property is. The Planning and Zoning
emphatically denied this, and we went through quite a process to get this denied. I
really highly oppose this because I have nightmares of another Hope Arms and a
James Court in my front yard. Days of retirement turn into horror when I look at what's
going to happen on that corner. I think that property would be much more adequate as
a professional center or something of that nature to where there wouldn't be that kind of
traffic that's going to try and flow at a major intersection in the near future. According to
Ada County Highway District, I attended a meeting of Locust Grove at Linder
Elementary on May 2ih which you have probably in your folder all this information, but I
also have a .Ietter that was sent to me about Ada County Highway District by a Dale V.
(inaudible) I guess who is a design engineer and he says there is no plans for a long
range improvement for the year 2000 to 2020 of Locust Grove Road and it will be last
piece of Locust Grove that will ever be enlarged because of the cost of putting the
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Meridian City Council Meeting
July 6, 1999
Page 27
overpass over the freeway and I discussed this at length with him because there was
some emphatic information about the impact fees that would go for this project and
make this road widened~ He informed me that just the impact fees alone will only make
the width of the improvement on the property that these developers have. It doesn't
have anything more to do with the size of the road. We as taxpayers have to put up that
money. The improvements right now are for Locust Grove from Fairview to Ustick first,
and they said that they would take those to Chinden and then Franklin and Overland
would be the next two roads widened before that piece of Locust Grove so we're looking
at probably a long term of piece of road that's going to be probably densely populated
because that 80 acres that's just south of our property is going to develop to homes and
I have a real fear that Meridian really doesn't need this kind of housing. We can put in a
lot rnore beautiful subdivision than we can this kind of thing. Three story units really
(inaudible) up the landscape in my own estimation. But here's the letter that was sent to
me. There is more testimony and I'll sit down now at this time, but if you have any
questions.
Corrie: Questions of Bob?
Bird: I have none.
Rountree: None.
Corrie: Thank you, Bob~ Anyone else?
Plant: My name is Morgan Plant~ I live at 300 S. Locust Grove. I think Mr. Smith has
quite adequately discussed the traffic issue there, but I would invite each of you to go
out and see what the traffic is right now for an extended period of time to see what
problems we have. There's not that much problem turning back to the east. But to turn
back to the west towards the good old City of Meridian is virtually impossible most any
time of the day, and I don't know or really care what their designation zone C traffic is.
We can't get out of that intersection right now. I'd also like to point out that this is the
wrong project in the wrong place. We do not need three story apartment buildings next
to a commercial development, Stonebridge, and we also know that Franklin Road is
going to be widened down the road in the future for future commercial developments.
This project simply does not fit. We have five acres just south of that and we look
forward to turning that over some day to a respectable development preferably
commercial office buildings, commercial manufacturing, light manufacturing, and
probably my last comment is whatever you people do here tonight in approving or
disapproving this zone change, the people right across to the east on Locust Grove
Road is going to be in here if you approve this project, they're going to be in here
because they have about 18 acres in there that they're just waiting to see what you
people do~ This is the wrong project in the wrong place at the wrong time. Any
questions? Thank you.
Roberson: My name is Archie Roberson, I live at 185 S. Locust Grove Road adjacent to
this proposed development. I would like to refer to the article in July 4th Statesman. It's
a prime example of what we are facing regarding the growth in this area. It talks about
Meridian City Council Meeting
July 6, 1999
Page 28
funds for schools, roads, services, etc. Because of the high density developments in
Ada and Canyon Counties. The project we are discussing here is exactly the kind of
development that's causing these problems. Of course the obvious solution to the
problem according to the developers is the taxpayer to raise taxes again. As a tax
paying property owner, I think another solution is to encourage projects that broaden the
tax base rather than undermine it. The inhabitance of this complex would put more load
on an overloaded system and they do nothing to support that system. I have a question
about the traffic survey that was mentioned here before. That survey was done just
prior to the long weekend and I submit that it may not be valid due to the fact that school
is not in session. There's 180 buses going in and out of that bus barn when school is in
session. There's 180 bus drivers that have got to get to those buses and there's untold
numbers of teachers and students that would be using Franklin Road when school is
operating. The other thing I thought maybe Shari mentioned Five Mile Creek there
going through there that's involved in this property. I have a letter and I believe Shari
has one, maybe you have it too from the Idaho Department of Water Resources and
that Five Mile Creek is a flood way. Now part of this property is in a flood plain. The
man that gave this to me is Gene Gibson of the Department of Water Resources, and
he tells me this letter says that the applicant has to get a permit from them and also
from the Corps. Of Engineers to build next to this creek and the example he gave me
this morning was when Franklin Road is widened that creek has to be moved, and it will
have to be moved south and so it looks like there may not be as many acres there to
build on when that happens as we've been told here because according to him that
stream will prevail. It has to remain there. That's alii have.
Corrie: Thank you Archie.
McMillan: I'm Reece McMillan, 870 S. Locust Grove. My main concern right now is
they didn't want to bring up the traffic issue, but we're looking down the road at Jabil
Corporation is building a manufacturing plant there. They will have up to 400
employees right off the bat. They are putting a road from their manufacturing plant on
to Locust Grove just past my driveway, which could mean up to 400 more cars a day
could go up and down that road~ They're going to put in rumor has it 240 houses on
that 80 acres sitting right just across the road from that. There's another additional
bunch of cars on that road. And if they put their driveway coming out on Locust Grove,
all this traffic coming together, there's going to be one heck of a big wreck down there,
and I would suggest that Mayor Corrie go back to Washington D.C. and try to get the
money to put that freeway here. I suggest you table this thing until he gets his money.
That's alii got to say.
Corrie: Thank you. I don't know how successful I'm going to be on that one.
Hanson: Ted Hanson, 1882 Bentley Avenue, Meridian. Mr. Mayor and City
Councilman, in regards to several of these issues that have been spoken about what
I'm curious about is they have compared these apartments to other projects they have
built, but we haven't talked about square footage. Now there was a comment earlier
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Meridian City Council Meeting
July 61 1999
Page 29
that they had increased them from one bedroom to two bedroom apartments. As far as
the discussion with the Corps of Engineers, I talked to them quite a while ago about this,
and they have not been contacted in regards to this particular project and the traffic
pattern for this Jabil is not 400 cars~ Their project is, it was in the newspaper, was 1500
employees up to 2000 employees, so I presume we're talking about several shifts
involved there. But what I can't understand is in the Planning and Zoning the testimony
there was that Jabil does not have a right of way to take their road down to Stratford in
front of the State Police Headquarters. So this is going to be really something. I mean
they brought I presume it's a sewer line out to S. Locust Grove at the present time, but
right-of-way to that property of Jabil is a very narrow deal. It will be a two lane deal.
They propose to have two soccer fields down there so that will impact that on the
weekends as far as traffic getting in and out of there. It just doesn't look compatible for
our area to continue to increase our traffic and whereas we all have acre properties in
there. This completely changes the context of the whole thing. Thank you.
Presley: I'm Gene Presley from 255 S. Locust Grove Road. I've resided in this are for
about 30 years, and the road is very small and I don't think we need this type of - this
latitude of a development there in my opinion. Right now if you take a walk, you have to
take a walk between 8:00 and 10:00 or 5:00 and 7:00~ I mean you don't take a walk
then is what I'm trying to say, and that's about it. Everything I think has been covered
except I'd like to say quote a phrase that Mr. Bentley made a while ago with a stop sign
and a small road. This is an accident looking for a place to happen. Thank you.
Roberson: My name is Ernie Roberson and I live at 185 S. Locust Grove Road. Our
property is right next to the property that Mr. Peterson wants to develop. As you know
Planning and Zoning turned this project down, but Planning and Zoning said this project
violates the city's Comprehensive Plan which states Meridian will continue to develop
into the ideal community only by maintaining and upgrading the quality of existing and
new dwelling units. So I'm not sure how this project speaks to that. Under section 1.19,
high density development where possible should be located near open space corridors
or other permanent major open space and park facilities and near major access
thoroughfares. As far as we can see this project does none of those things~ This is a
light industrial, there is light industrial to the west, commercial on the north, but to the
south and east it is all single family residential on one to five acres. JoAnn Butler may
say it's compatible, but we don't feel it's compatible because we are right next to it and
it's difficult to talk about the zoning and not talk about the project that they're putting, the
building that they're putting on there when we know that we're going to be faced with 2
% or three story apartment houses right next to our property. It's not real pleasant to
think about. Mr. Peterson said that it's not low income housing, but JoAnn Butler said at
the last meeting and I quote, "The Idaho Housing and Finance Association does provide
tax credits and bonding availability whereby the state sells bonds and can provide
developers with lower interest rate loans, whereby they can charge lesser rents to pay
off those loans thus helping people in the rents and making it easier for people to afford
housing." That's the end of her quote. Sounds kind of like low income to me. The
Meridian City Council Meeting
July 6, 1999
Page 30
other thing Mr. Peterson says that people with moderate incomes will need comfortable
housing in this neighborhood and he is planning to provide it. Why does he think we
need that in this neighborhood? Where does he think all those people will be
employed? Are they all going to work for Jabil? I don't think that Mr. Peterson is doing
Meridian any favor with this project. I have just a couple of other comments, kind of
long ones. I talked to Jim Carberry today at the School District, and he said that the
School District did not comment on this project. They made no "yes we approve the
project, or no we do not." He says their main concern is the traffic congestion there
where their buses come out. That is a big problem when you got 180 buses. I think
maybe in your folders, you probably have heard all this if you read all the stuff that's in
the minutes from Planning and Zoning, but I just wanted to also clarify something that
Mr. Peterson thought our petition where we gathered over 200 signatures, he said that
was kind of a joke to him. We should all get a laugh out of that, because he indicated
that those signatures were not from people who live within 300 feet of this project. But
you know we did not ever imply that they were people who lived within 300 feet of this
low income project~ Signatures were obtained from people who are impacted by the
traffic on Franklin and Locust Grove roads, and you know out of all those people we
probably had four that turned us down for one reason or the other because they knew
someone, but everyone else was absolutely against it, and I want to comment on what
Mr. Smith said. I did call the County Assessor's office today, .and I have copies here of
the descriptions of the property that either Mr. McClure, I guess Monty McClure does
not own it now, so Mr. Peterson does, but it's definite that this land has two parcels of
land and it has a total of 5.52 acres, not the 6.15 that Mr. Peterson has quoted. Also
Mr. Peterson said the management will be done by the Idaho Housing Finance and
Services Association. I don't know if he's got the name wrong, but if he means the
Idaho Housing and Finance Association, if so they do not manage property because I
also talked to them today. I think in talking about the traffic as you know the traffic on
Franklin Road right now is awful and it's frightful and of course it will increase after Jabil
is built and they also are going to have soccer fields down there. You have Harbor
Freight is on Nola which feeds into Franklin and occasionally traffic from 1-84 gets
diverted to Franklin. The fire department will soon be located on Franklin Road and
then you add 96 plus cars from this project and you have a real nightmare. I guess -
one other thing I want to say here. I thought this - I'm going to quote Keith Peterson,
planning and zoning, I just thought this kind of told the whole story. He said, you can
see all of Franklin developing and changing and the rural lifestyle in that area is
changing forever, but these people have lived there for 30 years and if we are going to
go in and be approving projects that are different zonings and things, then we should be
doing what our Comprehensive Plan says and our zoning ordinances say and provide
adequate development. That's the end of his quote. I agree with that wholeheartedly. I
think that kind of tells the story.
Corrie: Any questions from Council? Anyone else issue testimony against the zoning?
Meridian City Council Meeting
July 6, 1999
Page 31
Smith: I'm Jeri Smith at 335 S. Locust Grove, Meridian, I would like to comment on the
fact which Mrs. Roberson touched on, but with the new fire station and the emergency
ambulances that either come off the interstate and I have met them several times on
Franklin Road and you get in the area of Locust Grove you'll be in the ditch to try to pull
off the road, and the traffic is backed up, if you want to turn on Locust Grove Road and
go south and you're going west there is no place that anyone can get off of that road
especially when you meet - when you're putting fire and the ambulance there, there's
no place to go and if this is going to go on for a long time and it's going to increase that
much in traffic. I don't think that this is feasible at this time. Thank you.
Corrie: Is there anyone else?
Butler: Thank you Mayor Corrie, members of the Council, JoAnn Butler again 607 N. 8th
Street. This decision like maybe all decisions for the Council is going to be hard
because we're hearing from people that have lived in the area for 30 years, 20 years,
for a long period of time. They've been Ada County residents from a time at which
Meridian was very, very small and the concept of Meridian being the size that it is today
or the concept that your area of impact would be the size that it is today was beyond
probably anybody's comprehension. But back in '92 and '93 when you developed your
Comprehensive Plan and I sat in on many of those me~tings for the city, you went
through a long period of time and a lot of public hearings where you tried to create that
vision for the city. That city is clearly a lot different than it was 30 years ago and so
making these decisions are not easy, but having been involved in the Comprehensive
Plan, which I encourage all the present residents and the Ada County residents many of
whom spoke to you tonight to get involved in that process as I believe the Council and
the city will be involved in it in the not too distant future. So it's a difficult decision, but
it's not an unexpected decision because these issues came up in the last ten years as
you put together your Comprehensive Plan as you negotiated your area of impact and it
just indicates just as we planned for that things are changing and we need to
accommodate that. I'm going to address a couple of the issues and forgive me if there
are a little disjointed here. I don't want to get too involved in the site planning issues. I
know that that would have to come before the P & Z, but of course with regard to
buffers, this will be brought up with the P & Z. This is not just an issue of a masonry
fence. Although I'm not presenting it to you here tonight, we have done some
renderings that we would hope to present to the P & Z which shows more of the
buffering that people have mentioned to us with the hopes that P & Z and the neighbors
will work with us to provide what they consider to be adequate buffering. This is not a
Hope Arms or a James Court. I know that your commission is going to be looking at
how this is constructed in great detail. That's alii really can say about that, except to
say this project is the right project and is in the right place. It's near commercial, it's
near job centers and a major thoroughfare. Somebody read to you the very policies in
your manual that provide this to be the right place at the right time. The fact is that this
city has been actively pursuing a broader tax base. You've brought in commercial,
you've brought in industrial because ten years ago, five years ago you saw that you
Meridian City Council Meeting
July 6, 1999
Page 32
were doing mostly housing and very little of the expansion of the tax base. But you
can't increase the tax base in the city without also providing housing for your residents
unless you want to produce sprawl in the area. This project allows the city to trap trips
in the immediate vicinity helping you to reduce car trips, because you are going to have
major employment centers in the area. Likewise somebody provided the goal that talks
about being near open space. This project provides over 400/0 open space. What
you're getting with a project like this is a provision of private parks, parks that can serve
these people without having the expenditures of public funds. With regard to roads and
traffic, Larry Sale from Ada County Highway District, made a great presentation or a
long presentation at the P & Z trying to explain how roads were funded in Ada County
and the use of impact fees. He did this for the commissioners explaining that because
of our limited ways to produce funds for municipalities, we're very much reliant upon
impact fees and without the development the impact fees are not produced to improve
the roads in the area, and remember as I said before this project will keep the traffic at
level of service C. The counts that were taken for the traffic study were not taken just
before the long weekend, but on a Tuesday and a Wednesday of the week and we hope
that you give appropriate to your traffic engineers at ACHD and the professional traffic
engineers that have provided you with facts to indicate that this will not produce lower
than level of service C on the roads. With regard to something other than residential
zoning, the traffic study that we will present to the P & Z which is a conditional use issue
indicates that uses other than residential will actually produce more traffic in this area
than the residential. Just so that the Council is aware, the management of the project
will be done by Neighborhood Housing Services. Neighborhood Housing Services is
the premier not for profit corporation in this state that has managed many projects like
this. They have won awards throughout the state and federal awards for their
management abilities. There have been several articles that some of you may have
seen in the Statesman at time, so with that I would just like to say we understand that
the Council has in essence a difficult decision in terms of acknowledging the fact that
the city has changed, but that you planned for it, and this project meets or fits with those
plans and we hope that we can prove to you through the conditional use project that a
project that will be developed that the city can be proud of. If there are no questions?
Bentley: JoAnn, there's been evidently some discrepancy in the amount of acreage
available.
Butler: I can only tell you that it's 6.15 acres according to the survey that was done. Am
I correct?
Bentley: And also have you contacted Bureau Rec. concerning the flood plain and the
wetlands issue?
Butler: The Army Corps of Engineers? I cannot speak to all the conversations that
have been had, but I know that it will be a condition of approval of the conditional use
that all requirements of state and federal agencies will have to be met and so if it hasn't
been done, and it's just that I don't know that, it certainly will be done.
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Meridian City Council Meeting
July 6, 1999
Page 33
Bentley: Okay, thank you.
Corrie: JoAnn, there's an Ada County Highway District report to us April the 7th it said
that this development is estimated to generate 634 additional vehicle trips per day. Do
have that report as well?
Butler: I do. I don't have it in my hands.
Corrie: Okay, I just wanted to know if you had seen that. Any questions? Council, any
questions at this point?
Anderson: We heard a lot of testimony about the state of the roads and the traffic and
we understand that there was a traffic survey done by a consulting firm. Could we
maybe hear a summary result of that survey?
Lee: Good evening, my name is Gary Lee with JUS Engineers 250 S. Beechwood in
Boise. As stated by JoAnn Butler, the developer of this project Cobblestone Village had
requested JUS to conduct a traffic study. As most of you probably know I'm not a traffic
engineer. This study was prepared by one of my colleagues, Jerald Flats (sic) who is a
professional traffic engineer. Unfortunately he unable to attend this evening due to prior
commitments, but I will attempt to give you a summary of what his report said. The site
was evaluated for the amount of traffic on Franklin Road and Locust Grove Road. The
counters were set out between June 29th and July 1st of this year. The average daily
count on Franklin was 11 ,060 vehicles per day and the average daily traffic on Locust
Grove was 1,075 vehicles per day. These numbers were compared to data that was
provided to Mr. Flats from Ada Planning Association, and they were within 2 or 300
vehicles per day of being the same amount on Franklin Road, so Mr. Flats felt the data
that he collected in that short period of time was fairly representative of the actual
counts. Through specific highway manual procedures, the level of service is
determined and the amount of traffic movements calculated for that intersection of
Locust Grove and Franklin Road. The existing morning peak hour on Locust Grove
resulted today with a level of service B and showed an average wait time of about nine
seconds per vehicle. The p.m. traffic which was higher use was identified as level
service C with an average wait time of about ten and a half seconds. The future level of
service, now the amount of traffic that Mr. Flats included in the study was that generated
by Cobblestone Village and a six and a quarter percent increase in traffic as identified
by Ada Planning Association and through those numbers and the increase the morning
peak hour was level service C, with about 13 % second wait time. The afternoon was
level of service C as well with about 17 second wait time. In his summary page, I'll just
quote this verbatim here. One of the items identified in the recommendations was
basically the highway capacity manual is stating that under these conditions, the delay
is not excessive and a separate left turn lane on Franklin Road will not improve the
conditions dramatically and the reason for that is the amount of traffic traveling
eastbound on Franklin as you're making that maneuver. You still have to wait for the
traffic whether you're in the turn lane or not. The second remark, the traffic volumes at
this intersection would not most likely meet the warrants for the installation of a traffic
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Meridian City Council Meeting
July 6, 1999
Page 34
signal. The major road carries enough traffic but the minor road, which is Locust Grove,
must have over 150 vehicles per hour for an 8 hour period. So at this time the minor
street volumes do not appear to be heavy enough to warrant a signal. He did compare
land use using a general light industrial use similar to the Stonebridge project next door.
And the traffic generated there was actually a slightly higher rate than a residential
development shows. The only difference is you have a reverse in your a.m. and p.m.
peak travel movements. In other words in the morning your traffic is coming to industrial
instead of leaving and vice versa in the afternoon. I'd be glad to answer any questions
at this point.
Corrie: Mr. Rountree.
Rountree: Gary, you may have stated it, but I didn't pick up on it. What was the length
of time from current to projected level of service?
Lee: The wait time?
Rountree: No, what was the period of time five years, ten years, twenty years
projection?
Lee: It was actually it was 2001. So it's two years what we anticipated was full
occupancy of Cobblestone in about two years.
Corrie: Gary, I know you're not a traffic engineer, but what is your estimate or have you
even talked to this Gerald about if when they straighten out Locust Grove which will
come in there. Right now there's no street there. When they come out, do you have
any idea how much that will generate with the C-G zoning?
Lee: I really don't have a -
Corrie: I understand.
Lee: It wouldn't be on the scope of what he studied.
Corrie: Other questions of Gary?
Rountree: Mr. Mayor I have a question for Gary. Just for the record, sewer and water
sufficient to accommodate?
Smith: Yes.
Rountree: Okay.
Corrie: Any other questions at this point? Okay, I'll entertain a motion to close the
public hearing.
Bird: Mr. Mayor I move we close the public hearing.
Bentley: Second.
Corrie: Motion made and second to close the public hearing. All in favor?
MOTION CARRIED: ALL AYES.
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Meridian City Council Meeting
July 6, 1999
Page 35
Corrie: Comments, decisions?
Bentley: Mr. Mayor I'm going to state that I don't feel this project belongs here. I think
the density is too great, and everybody has spoken about the traffic issues. We know
what they are. I disagree with the thought that this is going to help the situation there,
because it will generate less trips. There's no stores or shopping centers close by here
to where we can see people walking instead of driving and right now I wouldn't want to
try to walk across Franklin Road. I'm going to - my vote will be to support denial.
Rountree: Mr. Mayor, I can sympathize with the position of the residents living in a rural
environment and watching it go by the wayside day by day. However my position on
this particular project is that it has the makings of a good project. I personally feel that it
probably is the right place for high density residential. I believe it can buffer what
residential that remains in an R-1 form or an R-2. You're going to have industrial
complex, a commercial complex that this type of housing can accommodate, work with.
We hear continually that one of the fundamental problems with our transportation
system is that urban sprawl and everybody has got to live on their own acre. This is a
situation where you can concentrate traffic, though we do not have public transportation
at this point in time. These kinds of projects lend themselves to getting that. They can
serve a lot people conveniently and a lot of people utilize these kinds of projects. It is in
an area that we have identified in our Comp Plan as a mixed use. That could be
anything. We've seen all kinds of things, so someone said well maybe we would like to
see what the next application brings. You may not particularly like that one either, but I
guess I have a feeling that I'm comfortable with the annexation and zoning at this level.
I'm not a bit comfortable with the recommendation Planning and Zoning gave us, and I
would hate to have to defend that recommendation if I were them.
Anderson: I guess I have mixed emotions about this project and I agree with partially
with what Councilman Rountree and partially with Councilman Bentley has to say. I
think this is a good project and could be a good buffer, but I think it's a project that's
probably just a few years ahead of its time. In light of the traffic situation, roads not
being able to handle it. No stoplights at Locust Grove, so I guess my tendency at this
point is I think it's a good project, but I would vote against it at this point just because I
think it's a little bit ahead of the infrastructure being there.
Bird: I might as well make it two and two. I agree with Charlie. I feel for the residents
out there, but I think it's something that is going to happen. Everybody is worrying
about Jabil dumping out there, but I got a letter right here from Larry Sale that he
misstated himself in the public hearing, and there will be - Jabil will not dump on to
Locust Grove until the ground to the east of it is done, developed, so that takes care of
that part of dumping "XU amount of cars there. It probably isn't the best development out
there, but I think it's better than a lot that could be proposed for being there. So I would
be in favor of it.
Corrie: Well you're going to have to vote I guess and I'm going to make a decision. I
can see the possibilities of both the traffic and everything else and the density is good
Meridian City Council Meeting
July 6, 1999
Page 36
taking away the fact that we might have not doing this would cause a little bit more
urban sprawl. We've got some areas down there that's going to have some people that
is going to have to live close to there working there I think. I hope that Ada County
Highway District follows through on some of the things that they've told us that they will
probably have to do rather quickly rather than later. I would probably have to say that
based upon what we're doing here tonight is to request annexation and zoning. I think
it's okay. There's some problems that I think the developer needs to make sure they've
got their ducks in a row, because one of the things is flood plain. We're not here to
approve or disapprove any kind of construction. We have an idea what is going to be
down there, but that's going to come at a later date. There's going to be a lot of
questions asked. So if the vote goes two and two, I will vote for the annexation and
zoning at this point.
Rountree: Mr. Mayor I would like to make one point too and there were some allegation
or some allusions that the City Council would be discriminating against residents and
residential pipes, and I guess I want on the record that I for one wouldn't support that
and can't support. We need to accommodate all the people that want to reside in
Meridian, so I want that, at least my position, stated. Having said that Mr. Mayor, I
would move that we direct the City Attorney to prepare Findings of Fact and
Conclusions of Law, Decision and Order and a draft annexation ordinance that would
annex and zone this property as requested by the applicant.
Bird: I would second it.
Corrie: Motion is made and seconded that we have the City Attorney draw up the
Findings of Fact and Conclusions of Law for annexation and zoning of this property with
the R-40 zone. Is there any further discussion?
ROLL CALL VOTE: ANDERSON, NAY. BENTLEY, NAY. BIRD, YEA. ROUNTREE,
YEA.
Corrie: You're going to do it to me after all, aren't you? I agree with Charlie. It's a very
delicate program here. We've got to be very careful in what we're doing so I'm going to
vote yes and break the tie.
MOTION CARRIED: 2 NAYS, 2 YEAS. TIE BREAKER, YEA.
Rountree: Mr. Mayor I guess again for the record, really we haven't made a decision on
this. It depends on the Findings of Fact and conditions that are stated.
TEN MINUTE BREAK
Corrie: Okay, I'll call the meeting back to order. We'll try to go through as many of
these public hearings until about 10:20 and see where we are and then we'll probably
have to put them off. The others will be the first on the agenda the 20th of July. We've
got some other things we have to take care of this evening as well.
13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
GROUP DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD D/B/A VO'S
Meridian City Council Meeting
July 6, 1999
Page 37
DAYCARE-924 E. 4TH STREET: (CONTINUE PUBLIC HEARING UNTIL JULY
20, 1999)
Corrie: At this time I will open the public hearing and start with staff. (End of Tape)
Stiles: Mr. Mayor and Council, this is the location of the house where Ms. Ward
proposes the daycare for the six to twelve children. This is an existing alley that's been
unimproved. 4th Street has gutter, no sidewalk. I do have a letter from Ada County
Highway District. The applicant had appealed their requirements which were extensive
requiring paving of the alley and also providing sidewalk, and in this report they have
taken out those requirements. I'll give this to the Clerk. This would be the northerly
direction. This is the applicant's site plan. As you can see there's three feet behind the
house currently. They have a wire fence there. It's basically unusable property. Our
comment was to remove the weeds that were presently there taking up this entire area.
I haven't been back to the site to see if that had been done. As staff our main concerns
were that the fence, the existing fence, was not of a height normally recommended to
enclose a play area. They do have very limited play area as you can see, there's 8 %
feet between the structure and the adjacent property line. The chain link fence does
apparently go clear to the property line. The parking that they're proposing would be in
the driveway. Again our main concern was the number of children that would be here
and the limited amount of play area and the provision I believe it's a four foot fence that
goes to the property line. That is the maximum height of a fence that would be
permitted this close to the right-of-way. Do you have any questions of me?
Bird: Shari, do you have any problems with any of the recommendations of the
Planning and Zoning Commission? Like the off street parking or any of that?
Stiles: They will be able to provide the off street parking in accordance with city
ordinance. I guess 1.11 on page three of the recommendation shall provide for a fence
of appropriate height and construction to enclose play areas and screen adjacent
properties, no guidelines were given for that, but again what is typically recommended is
a six foot fence to enclose play areas. If the six foot fence were to be provided, it would
have to be at a 20 foot setback, and they would lose this area for any play area. So the
only play area remaining would be this maximum 8 % feet wide for the depth of the
structure.
Corrie: Any questions of Shari at this point? The applicant.
Ward: Voanna Ward, 924 E. 4th. I was applying for the conditional use permit. Since
we have removed the weeds in the back. We have covered it with plastic and put chips
back there and it's entirely closed off. We also have landscaping in the corner as to not
encourage any of the kids to even try and go back that way. We also put in a chain link
fence across the driveway so it's completely fenced in so there's no way they can
escape. I have three children. They are 13, 8 and 6. You drive by my house any time
of day and you will see at least six, seven or eight of their friends in my yard, in the pool,
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Meridian City Council Meeting
July 6, 1999
Page 38
and I feel that between the square footage of my house, my living room is quite large
and I have the bedroom that I have marked, I would be designating as a play room and I
would be using the den as an additional part of that and the living room area and my
plan was to do different activities as to not - with the children so we have room for-
we're inside with them doing crafts while some of them can be outside. My husband is
there, plus I have someone going through the process right now of being fingerprinted
to help me. I have one friend that would like to bring me her three children so that's one
car picking up three kids. I have another friend with a baby and then there would just be
one more lady with two children. When school starts, I would only have my three and
one little one. I applied for the conditional use permit for the six to twelve because my
three children are counted, and I recently quit a job as a Subway manager so I could
stay home and watching two kids wouldn't quite help us out as far as income. So that's
why I'm applying for the conditional use.
Bentley: Have you read the conditions?
Ward: Yes.
Bentley: Do you concur with all of them?
Ward: Yes, I do. The problem as Shari stated really for us would be the fence to make
it the appropriate height of six foot. Because obviously bringing it back I would have no
play area whatsoever.
Bentley: Thank you.
Bird: Is this a two story house, isn't it?
Ward: Yes, it is.
Bird: Are you going to sprinkle the upstairs? I see in the recommendations -
Ward: The upstairs will be gated off so no one is allowed -
Bird: No kids will be up there at any time?
Ward: No children, not even - when I'm in operation my own children will not be
allowed to go up there.
Bird: Okay. Also if I read that right, it's three foot from the wire fence to your south wall
of the house?
Ward: Yeah.
Bird: And is that the property line?
Ward: The wire fence, yeah.
Bird: So you're three foot from your property line to the south wall?
Ward: Yeah, to the neighbor's backyard.
Bird: Do you have any windows in the back there?
Meridian City Council Meeting
July 6, 1999
Page 39
Ward: Yes, I do.
Bird: Is that a fire wall?
(Inaudible)
Bird: When you're redoing something, you've got to bring them back up to code. I've
got a question on that.
Ward: We bought the house and it was in the original house was from the - you see
the bathroom and the den over to the kitchen and the bedroom. That was the original
cottage home. Then they had just built the rest of that on severely reducing the
property -
Bird: But you're making this home into a business now, and you're wanting the variance
for that so I don't know - in a public facility which you have to consider that as a
business, you've got to be five feet or farther or you have to have a fire wall from the
property unless there's variance on that. In my mind this ceases to be a house when
you bring in the daycare center, so then it goes under the rules and regulations of a
business.
Rountree: I don't necessarily disagree with where Keith is going, but I don't think it's
been past practice to consider these group daycares of six to twelve as a commercial
business. Shari, am I wrong? I think we always considered them as having to meet
residential requirements.
Stiles: There is a provision in the ordinance that said as part of a conditional use, it will
considered a commercial use and I think that was more for sewer and water rates, but it
makes no difference as far as the rates. But there is a provision in the ordinance saying
that it will be considered a commercial use.
Gigray: Mr. Mayor and members of the Council just a matter of information you can ask
for a report and you could ask the fire marshal to do a report on how they would
interpret this because I assume they are the ones that would have to enforce the
provisions since it's probably under the Uniform Fire Code.
Bird: It's already in there in the conditions. On the approval of the conditional use, the
applicant shall coordinate with the Meridian Fire Department for inspection prior to
operating. Operation of daycare without proper approvals will result in revocation of
conditional use permit. You have no problem with any of our conditions, right?
Ward: No.
Bird: Okay. That takes.care of it then.
Rountree: Mr. Mayor I have a question. When you were talking about going by and
seeing kids in the yard and playing, you mentioned a pool. Is this a wading pool? A
swimming pool?
Ward: It's a wading pool. It's a little wading pool.
Meridian City Council Meeting
July 6, 1999
Page 40
Corrie: Any other questions? Okay thank you. Is there anyone else who would like to
issue testimony on this in favor of the request? Seeing none, anybody who would like
to issue testimony in disapproval of this request? All right, Council have any other
questions that - anybody else? I'll entertain a motion to close the public hearing on
item number 13.
Rountree: So moved.
Bird: Second.
Corrie: Motion made and second to close the public hearing on item 13 request for
conditional use permit. Any further discussion? Hearing none, all those in favor say
aye.
MOTION CARRIED: ALL AYES.
Corrie: Council, discussion?
Anderson: Mr. Mayor I guess Keith has brought up some interesting questions. I not
sure that we all know the answers to so I guess I would like to see this thing tabled and
maybe have staff get with building department and fire department and find out whether
this meets the requirements or not and come back and let us know one way or the
other.
Bird: Mr. Mayor, Ron, I feel real comfortable with that condition that she has agreed to
and it is within the thing we would pass tonight, it covers that or she loses her
conditional use permit.
Anderson: But I think they probably look at it from the fire standpoint as far as exits and
sprinklers and things like that, but the question you raised about the code and distances
and fire wall, I'm not sure that the fire department would answer that as much as the
building department would.
Bird: The fire department I think would - your fire marshal is the one that would enforce
it. I think that not only in the code is under the fire code too; isn't that right Chief?
Bowers: Mayor Corrie and Councilman Bird, it is in both codes. It's in the building code
also and Daunt would have to at that also. Another thing we would have to look at I
guess would and I didn't realize it was that close either until you mentioned it the exits if
there are exits out the back and if we are using those for our main exits. If we've got
other exits out of this building, that might not come into effect.
Bird: Mr. Mayor, I've got a question on that then, which the public hearing has been
closed, but this is discussion. When this is part of that deal, exits doors can't swing in,
in a public occupancy. I think it's B occupancy or above, and I don't know what six to
twelve, I don't know how many square feet of actual area they're using there, so I don't
know but the doors would have to be made to swing out for exits and most house
residential swing in.
Meridian City Council Meeting
July 6, 1999
Page 41
Bowers: Mayor Corrie and Councilman Bird, yeah, that is correct at that time and we
would have to look at it a little farther and see and go into our code and go into the
building code and see~
Corrie: We're into public testimony again after we shut it off. Let's if you want to open it
again, we can do that.
Bird: No, I think Councilman Anderson had the idea.
Corrie: You had an option to continue it or table these proceedings and continuing it
would be a public hearing on the 20th of July.
Bentley: I think if you're going to have some research done, it's going to have to be
continued.
Corrie: If that would be your choice, I'll entertain a motion to continue the public
hearing.
Bentley: Yes, but you already have a motion to close it so you're going to have to
reopen it.
Corrie: We can open it if that's what you're asking for.
Bird: We didn't vote on closing it, did we?
Corrie: Yes. So I'll entertain a motion to open the public hearing.
Bentley: So moved.
Bird: Second.
Corrie: Motion made and second to reopen the public hearing. Any further discussion?
Hearing none all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Bird: Mr. Mayor I move that we continue this public hearing to July 20th, 1999.
Bentley: Second.
Corrie: Motion is that we continue the public hearing to be on the first of the agenda on
July 20th, 1999. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
14. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR DEE JAY
SUBDIVISION (14 BUILDING LOTS ON 15.04 ACRES) BY J-U-B ENGINEERS,
INC- EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER
LN: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
15. PUBLIC HEARING: REQUEST FOR VARIANCE FROM 1,000 FOOT
MAXIMUM BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J-U-B
Meridian City Council Meeting
July 6, 1999
Page 42
ENGINEERS, INC - EAST OF STRATFORD DR & NORTH & SOUTH OF
WATER TOWER LN: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
16. PUBLIC HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO
R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR
TREMONT PLACE SUBDIVISION NO.2 BY LARRY & KAY HANSEN-
BROADWAY & 8TH STREET (951 W. PINE STREET): (CONTINUE PUBLIC
HEARING UNTIL JULY 20, 1999)
17. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT
PLACE SUBDIVISION NO.2 (ONE EXISTING, FOUR NEW BUILDING LOTS)
BY LARRY & KAY HANSEN-BROADWAY & 8TH STREET (951 W. PINE
STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
18. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 27.86
ACRES (FROM RT & R-4 TO R-8) FOR PROPOSED WilKINS RANCH
SUBDIVISION BY STEINER DEVELOPMENT LLC-SOUTH OF USTICK &
WEST OF TEN MILE: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
19. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WilKINS
RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY STEINER
DEVELOPMENT LLC - SOUTH OF USTICK & WEST OF TEN MILE:
(CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999)
Corrie: Due to the lateness of the hour, it's 10:30. We've got some other things to go. I
would suggest with the Council's approval we table the public hearing on 14, 15, 16, 17,
18, and 19 at this point.
Bentley: So moved.
Anderson: Second.
Corrie: Motion is made and second to table items number 14, 15, 16, 17, 18, and 19 to
be on the first of the agenda on July the 20th. Is there any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Okay they will be on the first of the agenda on the 20th.
20. FINAL PLAT FOR SHERBROOKE HOLLOWS NO.4 SUBDIVISION BY GEM
PARK II - EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY:
(TABLE UNTIL JULY 20, 1999)
Corrie: Staff comments from Shari?
Meridian City Council Meeting
July 6, 1999
Page 43
Stiles: Mr. Mayor and Council, I also do not have a transparency apparently for this
project. If you'll remember this was a section of the property being developed by
Westpark Company at Locust Grove and Victory. They had come in with another
proposal for this particular portion of the property wherein they would remove the
access to Locust Grove Road. That project was denied and they have come back with
the final plat reflecting the originally approved preliminary plat that has the roadway to
Locust Grove Road. I would ask that you incorporate staff comments, particularly the
comments from Bruce Freckleton and myself dated June 22nd, 1999. We do have a
response from the applicant. I don't know if you have that in your packets dated July
2nd.
Bentley: Yes, we have it.
Stiles: And Becky is not here. She said she would address the drainage comment at
the Council hearing so I don't know - there was a significant drainage problem. As far
as I know they've been working with the Public Works Department to try to resolve that.
It was particularly in the area adjacent to John Shipley to the north, and I believe they
have been working that out. The other one we highlighted was number 8. That is our
letter from Ada County Street Name Committee was that that was not approved, the
name, but you know that's really a technicality that can be taken care of before we sign
the plat. Other than that, it appears they have agreed with all of our recommendations
and we ask that the plat be approved. We would like the fire department to have some
input on when the bridge would need to be constructed so there is an access to Locust
Grove Road. Currently they have two proposed roads going to Victory, but we feel it's
important that they have some kind of a restriction as to the number of homes that are
built until that's built. At first they said the Ada County Highway District they were going
to wait until it was in their plan, which could be who knows. So that was our comment
number 14 under site specific. Her response is the applicant understands and will
comply. Our comment we would recommend building permits be prohibited until the
bridge connection to Locust Grove is constructed. So if they understand and will
comply, I guess we don't have a problem.
Bentley: Yeah, I have a problem with going through with this without having her
response to that drainage issue. We've met with Mr. Shipley several times in the past
on the very issue and I think that needs to be spoken to before this is passed.
Rountree: I agree with Mr. Bentley. I kind of miss not having John here this evening.
Stiles: I could call him.
Corrie: I'll entertain a motion then for tabling it.
Bentley: Mr. Mayor I move we table this to July 20th.
Rountree: Second.
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Meridian City Council Meeting
July 6, 1999
Page 44
Corrie: Motion is made and second that we table item 20, final plat for Sherbrooke
Hollows No.4 until the July 20th meeting. Any further discussion? Hearing none all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
21. REQUEST FOR TIME EXTENSION FOR FINAL PLAT FOR TEARE
COMMERCIAL SUBDIVISION BY ANDERSON-DAVID & ASSOCIATES, INC.:
(APPROVE ONE YEAR EXTENSION)
Corrie: Shari?
Stiles: Mr. Mayor and Council, this is Van Auker property that's on Overland Road.
There are buildings on two of the lots. The only remaining lot I believe is the one
adjacent to Overland Road. They submitted this letter just prior to expiration of the
preliminary plat, and maybe Mr. Anderson could let us know when that final plat will be
forthcoming so we would know. Are you requesting one year extension?
(Inaudible)
Anderson: My name is Gordon Anderson with Anderson-David & Associates. Right
now the status of the plat is we need to get Central District Health's signature and a
letter from the city of serviceability and then it's going to go right to Gary for his review
and then from there to Priester, so it will be about two months probably before it gets
finally signed and recorded.
Corrie: So you're talking about the 21st of September? That's two months.
Anderson: Sooner if I can push it faster. But yeah, I'd say realistically two months.
don't know what Gary's back log is and I know Priester's is three to four weeks.
Corrie: Gary, does that sound plausible to you? Okay the 21st of September, we're
going to have two months and -
Anderson: The owner is motivated to get me motivated to get it done beings that I get
called every day. It's going to get done.
Corrie: I understand.
Rountree: Question for Shari, this is the first request for extension?
Stiles: Yes for recordation of the final plat.
Rountree: Okay, Mr. Mayor I move that we approve the request for extension of final
plat for Teare Commercial Subdivision by Anderson-David & Associates for a period not
to exceed one year.
Bird: Second.
Corrie: Motion is made and seconded that we approve the request for time extension
for final plat for Teare Commercial Subdivision by Anderson-David & Associates, Inc.
['
Meridian City Council Meeting
July 61 1999
Page 45
would be extended for a period of no longer than year. Any further comments? All
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Gigray: Mr. Mayor just a point of procedure and information. I'll prepare an order for
the Mayor's signature on that just so we have a record. That would be appropriate.
22. ORDINANCE #831 : DOG RESTRICTION IN TULLY PARK:
Corrie: Mr. Clerk, if you will give us an ordinance number on this and then read it by
title only please.
Berg: Thank you Mr. Mayor, Ordinance #831. (ORDINANCE #831 WAS READ BY
TITLE ONLY)
Corrie: Is there anyone from the audience who would like to have Ordinance #831 read
in its entirety? Hearing none) I'll entertain a motion for Ordinance #831.
Bentley: Mr. Mayor I move we approve Ordinance #831 with suspension of rules,
authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and second to approve Ordinance #831 with suspension of rules.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE,
YEA.
MOTION CARRIED: ALL YEAS.
23. ORDINANCE #832 : LOCAL LAND USE PLANNING ACT:
Corrie: Mr. Berg, if you will please read the ordinance #832. This is kind of a
housekeeping thing. Isn't that correct, Mr. Gigray?
Gigray: Yes. Mr. Mayor and members of the Council, I believe this is generated from
House Bill 1203 that kind of amended the local land use planning act language. We
checked with the codifier. If we do an ordinance like this, they'll just reference the act in
accordance with the state statute. Just a house cleaning matter.
Corrie: Mr. Clerk, if you'll read Ordinance #832 for the Council.
Berg: Thank you Mr. Mayor. (ORDINANCE #832 WAS READ BY TITLE ONLY)
Corrie: Is there anyone from the audience who would like to have Ordinance #832 read
in its entirety? Hearing none, I'll entertain a motion to accept Ordinance #832.
Meridian City Council Meeting
July 6, 1999
Page 46
Rountree: Mr. Mayor I move that we approve Ordinance #832, authorize the Mayor to
sign, the Clerk to attest with suspension of rules.
Bentley: Second.
Corrie: Motion made and second to approve Ordinance #832 with suspension of rules.
Any other comments? Hearing none, roll call vote.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE,
YEA.
MOTION CARRIED: ALL YEAS.
24. WATER, SEWER, TRASH DELINQUENCIES: (DO NOT HAVE LIST,
CHANGING SOFTWARE)
Corrie: Water and sewer delinquencies. I just have a letter that we're changing over in
the system now from Hit and it's going to be about ten to fifteen days behind because of
the transfer over.
Bird: I'm not going to vote on it until I see it.
Corrie: So we're not going to do that tonight. You're absolutely right, Mr. Bird, and I just
got that letter today, and we're changing from Hit to -
25. DEPARTMENT REPORTS:
A. TOM KUNTZ:
1. APPROVAL TO SELECT CONSULTANT FOR PARKS AND
RECREA liON COMPREHENSIVE PLAN: (APPROVE WITH
RESOLUTION #243)
Corrie: Eli.
Roberts: Hi, I'm filling in for Tom tonight. Mr. Mayor and Council in your packets you
should have a copy of the professional services agreement from Landum and Moore
regarding the Parks and Recreation Comprehensive Plan. I'm here tonight to ask your
approval to enter into this agreement so that we may move forward on the
Comprehensive Plan.
Corrie: All right are there any questions of Eli on the selection of the consultant.
(
/
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Meridian City Council Meeting
July 6, 1999
Page 47
Rountree: Mr. Mayor, I have a question either for Eli or Bill. Has it been reviewed by
Legal Counsel, the agreement?
Roberts: Mr. Rountree, I believe so.
Gigray: I would like to say I like the language in this agreement with regards to the
responsibility and liability more than what I've seen in a lot of the other consulting
agreements that have come my way, and this one is one of the cleanest ones I've seen.
Corrie: Any further questions?
Anderson: I have one question Mr. Mayor. Is this budgeted in the Parks or is this in the
City Clerk's budget?
Bentley: Councilman travel budget.
Corrie: This has been budgeted in Parks. It's been budgeted already in Parks.
Roberts: I believe so.
Corrie: This was budgeted in Parks already. I checked it out. It was. Any other
questions? I'll entertain a motion on the approval or disapproval of the consultant for
Parks and Recreation Comprehensive Plan.
Bentley: Mr. Mayor I move we approve the consultant for Parks and Rec.
Comprehensive Plan for the figure of not to exceed $25,000 and authorize the Mayor to
sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion is made and seconded to approve the consultants for the Parks and
Rec. Comprehensive Plan not to exceed $25,000 and the Mayor to sign and the City
Clerk to attest. Any further questions? All those in favor of the approval, say aye.
MOTION CARRIED: ALL AYES.
B. GARY SMITH:
1. 1999 WATERLINE PROJECT, PHASE 1 BID AWARD: (APPROVE
BITTERROOT CONSTRUCTION $318,561.70)
Smith: Thank you Mr. Mayor and Council members. The bid results for the Ustick
Road waterline project. I didn't get all the information to you so I'll hand out these
Meridian City Council Meeting
July 6, 1999
Page 48
results. I've highlighted the pertinent part. The bids were opened on June 17th for our
Ustick Road waterline improvement project. We received 11 bids. Bitterroot
Construction of Boise was the low bidder at $318,561.70. I would request your approval
for Mayor Corrie's signature on the Notice of Award and the attest.
Bird: Mr. Mayor I got a question before I make the motion. Bitterroot hasn't left
anything out or anything because they're ten percent lower than anybody else around?
Smith: Yes, I called and talked to Bill Cook, one of their principals and ask him if he
was comfortable with that bid, and he said he was.
Bird: And of course he is furnishing a bond.
Smith: Yes, sir.
Bird: Mr. Mayor I move that we accept the bid by Bitterroot Construction, Inc. for
$318,561.70 for 1999 waterline project phase 1, Ustick Road improvements and for the
Mayor to sign and the Clerk to attest.
Rountree: Second.
Corrie: Motion is made and second to approve the Bitterroot Construction, Inc. on the
project $318,561.70 on the 1999 waterline project phase 1. Further discussion?
Anderson: Gary, could you explain for me where does this go, what part of Ustick?
Smith: It's east and west of the new water tank that's being constructed. We're
connecting the waterline system our distribution system from the tank to the east.
don't remember what subdivision is - Bedford Place, and then to the west we're
extending the waterline to Linder and connecting to the Stubblefield development on the
corner, Tumble Creek and then south on Linder to where the waterline exists right now
going into Meridian Place just north of Tully Park.
Bentley: Does that mean my water pressure is going to go up?
Smith: No.
Anderson: So it's like a mile two miles of pipe?
Smith: It's a mile from Meridian to Linder, it's about a third of a mile south on Linder and
it's probably a quarter of a mile east on - so it's a little over two miles. A little over a
mile and a half.
Meridian City Council Meeting
July 6, 1999
Page 49
Anderson: Thank you.
Corrie: Further questions? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Smith: I had one other quick question I wanted to ask. A week or more ago I sent out a
little flyer to everybody concerning this is a deal that we're working out with a person
that had a water - I'm not quite sure how to phrase this. There was a substantial
amount of water that went through his meter that he didn't realize was going through his
meter and he didn't have a leak. It has to do with pressurized irrigation systems and in
response to this second time this happened to this gentleman, he came forward with a
proposal to help prepare a little brochure that we can send out to all the residents in the
City of Meridian explaining a little bit about the problem that he incurred along with a few
comments on water use during the summer, and I'd like to have your approval on this
before I mail it out because I remember one time before one of superintendents mailed
out a little notice and caused us some anguish.
Bird: Gary had put that in our deal. I think it's a very, very fine idea. I think there's a
lot of people that had this same idea that guy did. I didn't realize the problems that that
can cause and I think it would be very beneficial to mail that out in the mailings to the
residents.
Rountree: I agree. I think that personal experience is something that is far more
powerful to the community than us passing an ordinance. It might be a good foundation
for our next step.
Smith: All right thank you. I'll get this mailed.
26. EXECUTIVE SESSION: (NOT NEED FOR EXECUTIVE SESSION)
Corrie: We have a notice here that item number 26 is an Executive Session. I think we
can handle this one without going into Executive Session. I agree with the Council
President that we need to talk about it right now and get it over with.
Smith: Mayor and Council this item concerns Mr. Joe Siminuch. Joe has a residence at
955 W. Ustick Road. Back in I think it was 1993, don't hold me to that date, but I
believe that's when we made the south slough trunk line extensionf the sewer trunk line
extension. This trunk line crossed Mr. Siminuch's property with an easement in an
easement that he agreed to or gave us and the sewer line was positioned in alignment
that he approved that would facilitate future development of his property. At the same
time services were put into that sewer line and Mr. Siminuch paid for those services but
they were done at the same time that the trunk was constructed. Sometime after that
Meridian City Council Meeting
July 61 1999
Page 50
and I don't remember exactly when it was, he notified me that he was experiencing
some soft ground on the east side of the north leg of that trunk line. The majority of the
trunk runs north / south along his near his eastern boundary. Anyway, I contacted the
design engineer, they went out and did some put some test holes in and monitored the
groundwater levels and found initially that yes, there was a differential of water level
elevation between the two sides. I don't know if I've covered all of this with you before.
I guess maybe you're probably aware of it. Does it ring a bell at all?
Anderson: It sounds familiar but it's a good refresher.
Smith: Anyway over the years, we watched this thing and the engineer Keller and
Associates was the engineer on the project and they would go out periodically and
measure the depth of the groundwater in these test wells and there were a certain
number of them on the west side of this sewer line and a certain number on the east
side of the sewer line and it was finally determined that probably the northerly 200 feet
or so of this trunk line was being subjected to his differential of water level. At times
though the water level differential wasn't explainable, it wasn't uniformly different on the
east. It wasn't higher on the east than it was on the west the way it started out
originally. The contention of Mr. Siminuch is that when the backfill was placed over the
sewer line after it was installed in the trench, that it was compacted to a degree that
created a damn for the groundwater to move from east to west, which is normal path of
travel and I finally told Keller some months ago, we needed to get this thing resolved
and he subsequently hired Teracon who is a soils geotechnical consulting engineering
firm. Teracon looked at all the information, went out and looked at the site, drafted a
report and sent that to Keller and we subsequently met with Mr. and Mrs. Siminuch. We
always meet with Mr. and Mrs. Siminuch on this project and discussed it~ At the end of
the discussion it was decided that there was an alternative and that was to place some
pipes across the sewer trench. These would be in a east / west direction. These pipes
would be placed in an excavated trench of I don't remember the length of the trench, but
it was significantly long enough to get across the sewer trench and so that it could pick
up the groundwater from the east and transfer it to the west. I believe there were three
or four crossings that were proposed to take care of this problem~ The caveat to all of
this was that the soils engineer couldn't say for sure that this would solve the problem
and so we posed this to Mr. and Mrs. Siminuch that here's the proposal, the proposed
remedy. We're not sure that it would work, but we're willing to do that for you on the
one hand. On the other hand, it would cost about $4500 to cause this remedy to take
place and if you want we will give you the $4500 and that will be the end of the deal. So
Mr. and Mrs. Siminuch said well, we'll think about it. So they went away, and they were
gone for a month or so and they finally called back and said well, we'd like to come back
and meet with you again and they did. They said finally after our meeting, we'll take the
$4500 if you will allow us to connect our existing residence to the sewer at no charge.
And the idea here was that his septic tank and drain field had been installed 20 years
ago or more. He was concerned that even though he built it, and it was done in a very
(
Meridian City Council Meeting
July 6, 1999
Page 51
deliberate manner and with a certain degree of craftsmanship that there was a
possibility that it was going to fail in the near future because others around him had. So
he was proposing that he would pick up the effluent out of the septic tank and pump it
across his property into our sewer line and that I said well, I can't agree to that because
you're outside the city limits. If you're going to connect it takes Council action. So not
too long ago he came before you and I think you probably remember that discussion. I
know Councilman Rountree does. You granted that connection. Mr. Gigray, our legal
counsel, suggested that we have a release and settlement agreement prepared and
signed by Mr. and Mrs. Siminuch, which was done. It was sent to Mr. and Mrs.
Siminuch for their review and signature and I subsequently received a telephone from
Mr. Siminuch saying that he wasn't going to sign it. Number one there was a paragraph
in there concerning liability that he wanted removed from the agreement. It's called
section five, no admission of liability. I think the copy that you have is a very short
version of what Mr. Gigray started out with. He wanted that removed entirely and he
also wanted the sewer line connection for his property rephrased to say that it would
(End of Tape)
SIDE 5
Smith: ...1 told Mr. Simunich that I could not, verbally, that I could not do anything with
that request because it was a request that was approved by the City Council, it was a
specific request approved by the city council. Specific use, and in my mind that was
changing now, because a connection could serve more than one residence. I mean
physically, a four inch connection can serve an apartment complex, a four plex, eight
plex. And the issue with the section 5, no admission of liability being removed. So
that's why it's here before you again. I didn't know what to do with it other than bring it
back because of the sewer issue. I'm perfectly comfortable with sending it off, but with
section 5 still in there and it's been massaged by Bill Gigray to a point where I think it's
acceptable. He took offense to it because he felt that there was an admission of liability
or should be by the city. Mr. Gigray can explain that because he had to explain that to
me and I'm not sure I totally understand it, but there's a reason it's here. A legal
reason.
Rountree: Well, they could turn around and get us again.
Smith: That's exactly right. Or someone else with a similar situation.
Corrie: (inaudible) Mr. Rountree.
Rountree: Two comments; one- in Gary's explanation discussion with the engineers,
there's no evidence in conclusion on the part of the engineering firm that what we did
caused the problem. And to determine that would be rather expensive and extensive
and we didn't feel and don't feel that that's worth a public expenditure to determine that.
Meridian City Council Meeting
July 6, 1999
Page 52
The second point I wanted to make is that it's odd that, no it's not odd, I fully expected
that the Simunich's only wanted to negotiate on their terms and did not want to
negotiate on the terms that we presented back to them the first time. And I guess my
position would be as previously to. We've made the offer. I thought it was more than a
fair offer, I wasn't in favor of it at the time and I'm not in favor of it now, and I wouldn't be
in favor of offering them any more. That's my personal opinion.
Bentley: Agreed~
Bird: I think this is the first one we tied and Mayor had to break.
Rountree: Yeah it was as a matter of fact.
Bird: (inaudible) I've got motion go. That was to his residence wasn't it?
Rountree: Yes
Bird: Existing residence?
Rountree: Yes.
Bird: I'm not for changing that at all. I'm like Gary, you can put a four inch line down
there, he's got the land to do that.
Smith: Right. And as I understand it he could sell off a piece of ground off that original
part that he has.
Bird: He could bring it up once couldn't he?
Smith: One time.
Rountree: Yeah he could split it one time.
Bird: One time~ I thought the motion that we had voted on was the forty- five hundred
plus sewer connection hook-up to his residence.
Smith: Yes it was.
Bird: And that didn't say to his property.
Smith: Yes.
Bird: I agree with you, Gary.
Meridian City Council Meeting
July 6, 1999
Page 53
Corrie: I think Mr. Gigray's proposal, which you have given him should stand and if he
doesn't like it then he can forget it or come back.
Bird: You could just meet with him Mayor.
Gigray: I would just for the record say that that is a pretty standard provision in any
release agreement and if Mr. Simunich wants the city to admit liability, which is
sounding to me awfully close to, then I think I would never recommend that you do that.
Rountree: Not with him.
Corrie: I certainly wouldn't sign it~
Gigray: We tried and Gary is real good about communicating with me on every single
point that was raised in this and Gary, I think made me explain my position about some
of these things which I think is only fair. And we did try to work a little bit with Mr.
Simunich and I worked on softening language and trying to get it down to exactly what I
thought were bare essentials and that's why it's written this way that neither party
admits any liability here in case Mr. Simunich was somehow offended by this. But it's a
settlement. That's part of what it is
Rountree: Yeah, we don't want to see it again.
Gigray: (Inaudible) of your at fault, you don't get settlements if you do that.
Bird: (inaud ible)
Gigray: And we got a proprietary fund here that we have to be concerned about
because I don't' know how far that line goes and whether it could be other problems and
we wouldn't want this coming back to haunt us.
Corrie: Well, that's our proposal and if he doesn't like it (inaudible).
Bird: He can what?
Corrie: (inaudible)
Bird: Ok~ Did you get that on tape? Thanks Gary.
Corrie: Anything else; there's a baseball academy at 2:00
Bird: Friday
(
Meridian City Council Meeting
July 6, 1999
Page 54
Rountree: I'll be in Pocatello
(inaudible discussion)
Bird: It's going to be a big blowout.
Corrie: Next meeting is the 20th of July. Mr. Gigray?
Gigray: Yeah, I just report, I think we got everything in to the codifier. I think we're
going to have a code out pretty quick and we may need to work with the Mayor here
and figure out, and the council might think about how you want this reported on. I'm
sure you're going to want to review it and you're going to want some kind of an overview
report of how this was assembled and of any major changes that are in it. We've been
working closely with all the department heads on all of the proposed revisions and the
Mayor's office, and the Clerk's office and I think we're there.
Bentley: You're not going to bring this thing to us and tell us to read the whole thing are
you?
Gigray: I'm deferring to your wishes as to how you want it handled.
Rountree: Well, I guess I'm not understanding what you're saying. We're not talking
new codes and ordinances, we're talking an (inaudible) and a new order and
organization of our existing.
Gigray: But there's some language changes in places because we had numerous
worksheets and there were little corrections like to bring this current and that current
and little words here and there because you adopt them in total when you adopt a new
code and the new code will stand as it is. I mean, we're not talking like, you know,
putting in a whole new chapter or whatever, we're talking little wording changes here
and there.
Rountree: Are we seeing this electronically or are we going to see a bound version of
this or both?
Gigray: Both.
Rountree: So I would guess just in legislative format to indicate what had been
changed.
(Inaudible)
Meridian City Council Meeting
July 6, 1999
Page 55
Gigray: It will be like a regular ordinance. As you adopt it, it's all in one fail swoop.
Rountree: Well, that's going to take some real deliberation if you're willing to do it.
Gigray: Well, I think I can do a report hitting the major highlights of the thing.
Rountree: That would be good
Gigray: I just want to know how you would handle it and you may want to have one
workshop on it before you adopt it.
Rountree: I think that's probably in order. That would be the best way; to dedicate an
evening to talking about it.
(Inaudible discussion)
Gigray: Just having the code work book has been an immense help.
Rountree: Well, I can imagine.
(Inaudible discussion)
Bentley: I can hardly wait to throw that fallen apart thing away.
Bird: I'll be glad to bring it back to the city clerk.
Rountree: I move to adjourn.
Corrie: Motion carried.
Gigray: Excuse me Mr. Mayor, we had had an agreement for the fire station for the
exchange for some real property rather than a $1900 payment on the impact fee and
they proposed an agreement to do the property. Well, in order to comply with state law,
in order to effect the transfer, we've either got to go through a procedure where we'll at
least give notice twice in two consecutive publications of the paper before the meeting
and then there's another statute entitled 50 that we're looking at and I'm working with
Neil Newhouse who's their in-house attorney about how to do this. But I would
recommend that you just set that for the July meeting to come back and then direct the
clerk to give notice in accordance with the instructions from the city attorney. I'm still
working with Neil right now on this and that's agreeable.
Berg: It wont' get on the 26th.
Meridian City Council Meeting
July 6, 1999
Page 56
Gigray: It won't?
Berg: I have to notice it twice.
Gigray: In two consecutive publications. So you want to set it to the next one in August
then?
Rountree: Maybe the first one in August.
Gigray: Ok
Corrie: One question; how are you coming on the ordinances as far as the Mayor and
council full time?
Gigray: They've been drafted, you don't have them?
Corrie: (inaudible) talk to you about that.
Rountree: Haven't seen anything Bill.
Bird: We haven't seen them.
Rountree: I haven't seen anything either.
Gigray: I approved the draft, I thought it was over there.
Anderson: (inaudible) daycare ordinances.
Gigray: I don't have a communication on the daycare
Bentley: You haven't gotten a chance (inaudible). They're still meeting, I've got a call
them, every meeting they've scheduled has been on Tuesday night except for the first
one and I've sent her an e-mail to give me a buzz and let me knowhow it's cooking, so.
I haven't heard back from her yet, I'm sure she took off over the weekend.
Corrie: I have the motion to adjourn on the floor, do I have a second?
Bird: Second.
Corrie: All in favor say Aye
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
July 6, 1999
Page 57
Rountree: See you in the morning~
Corrie: No more public hearings at the next meeting, we got enough.
(Inaudible discussion)
MEETING ADJOURNED AT 11:09 P.M.
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ATTEST:
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
CONDITIONAL USE PERMIT FOR )
CONSTRUCTION AND DEVELOPMENT OF )
MULTIPLE BUILDINGS ON A SINGLE LOT, )
SOUTH OF E. PINE ST. & WEST OF N. )
RALSTIN 5T, BY WES WORCESTER, dba )
SANTEE CONSTRUCTION, MERIDIAN, )
IDAHO )
)
)
CUP-99-010
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
This matter coming before the City Council on the 15th day of June, 1999, for
final action on conditional use permit application and the Council having received and
approving the recommendation of the Planning and Zoning Commission the Council
takes the following action:
1. That the applicant, Wes Worcester dba Santee Construction, and Railside
Development Inc., owner of the property, is granted a conditional use permit for the
construction and development of multiple buildings on a single lot, as described in the
revised Preliminary Plat as Plat bearing DATE: MARCH 29,1999 with a STAMPED
DATE: APR. 1 1999, DRAWN CJC, CHECKED ROC, SCALE AS NOTED, JOB NO. 98-
DRL-145, SHEET C1.1, BY: DESIGN RESOURCES, ARCHITECTS, and NEW
DEVELOPMENT FOR WES WORCESTER IN RAILSIDE PARK SUBDIVISION, as
conditionally approved by order of the City Council on the 15th day of June, 1999, for
the development of the aforementioned projects and which property is described
hereinbelow to-wit:
Lot 3 Block 2 Railside Park Subdivision.
2. This permit is subject to the following terms and conditions:
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WES WORCESTER, dba SANTEE CONSTRUCTION
That the above named applicant is granted a conditional use permit to use the
property for the construction and development of multiple buildings on a single lot,
subject to the following conditions of use as follows:
2.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling of
any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this project shall be
removed from their domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes such as landscape irrigation.
2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.D.4 and 11-2-414.0.5 of the City of Meridian Zoning and
Development Ordinance and i,n accordance with Americans with Disabilities
Act (ADA) requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557,10-1-91)
for all off-street parking areas. All site drainage shall be 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 11-2-14.0.3.
2.7 All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs will be permitted.
2.8 Applicants shall provide five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.B.
2.9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WES WORCESTER, dba SANTEE CONSTRUCTION
2
2.1 0 Applicant shall provide a revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works Department. Designer shall
coordinate sizing and routing of sanitary sewer and water within the
development with the Public Works Department.
2.11 Applicant shall provide the Public Works Department with information on
anticipated fire flow and domestic water requirements for the proposed site.
Flow and pressure from the existing mains shall be monitored with the
Meridian Water Department to determine whether adequate fire protection
exi sts.
2.12 Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian. In addition to these assessments, "Late Comers" fees may
also be charged against this parcel to help reimburse the parties
responsible for installing mains. Applicant may participate in the cost of the
sewer trunk line extension at time of its construction.
2.13 An appropriate number of three-inch (3") caliper trees are shown on the site
plan. Landscape plan is not to be revised without prior written approval of
the Planning and Zoning Department.
2~ 14 Signage shall be limited to one low-profile monument type sign. Sign shall
be placed outside of sight triangle. Detailed signage plans will be subject to
design review.
2.15 Applicant shall coordinate the location and sizing requirements of the trash
enclosure with Sanitary Services, Inc. and obtain written approval of the
plans prior to applying for building permits.
2.16 Application shall provide a letter of approval from Ada County Highway
District with submittal of site plan prior to issuance of Certificate of Zoning
Compliance.
2.17 All outdoor storage of equipment and material must be enclosed with a
screening fence.
2.18 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
2.19 Applicants shall satisfy all fire code requirements.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WES WORCESTER, dba SANTEE CONSTRUCTION
3
(
2.20 A fire hydrant shall be added unless it is determined by the Fire Department
there is not enough water for fire flow in which case the applicant shall add
a fire sprinkler system.
2.21 Driveways shall be located a minimum of 50-feet from any intersection, as
measured near edge of driveway to back of curb.
2.22 Driveways shall be a minimum of 30-feet wide and a maximum of 40-feet
wide, paved a minimum of 3D-feet beyond the back of sidewalk. Shared
driveways are encouraged.
2.23 Restrictions on the width, number and locations of driveways, shall be
placed on future development of this parcel.
2.24 Direct lot or parcel access to Locust Grove Road and Pine Avenue is
prohibited.
3. The conditions shall be reviewable by the Council pursuant to Section 1-2-418(K) of
the City of Meridian Planning and Zoning Ordinance.
4. 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.
5. This order shall be automatically amended for the description of said parcel at
such time as the approval and recording of the final plat of Wes Worcester d.b.a. Santee
Construction in Railside Park Subdivision.
6. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of S 11-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on June 15, 1999.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WES WORCESTER, dba SANTEE CONSTRUCTION
4
,-
I
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
By: A~~~ Dated: 6-/S--ff
CI Y Clerk ~
msg/Z:\ Work\M\Meridian 15360M\Santee CU P\CU POrder. wpd
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WES WORCESTER, dba SANTEE CONSTRUCTION
5
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MAlTER OF THE
APPLICATION OF WENDELL
AND I<ATHLEEN LAWRENCE,
FOR A CONDITIONAL USE
PERMIT FOR A CHILD CARE
FACILITY LICENSED FOR 50
CHILDREN LOCATED AT
LINDER ROAD, SOUTH OF
PINE STREET, NORTH OF
HWY. 30 AND FRANICLIN
ROAD, MERIDIAN, IDAHO
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Case No. CUP-98-102
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 April 20, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, at the hour of 7:00 p.m., upon the Recommendations to City Council issued by the
Planning and Zoning Commission who conducted a public hearing and having heard and
talcen oral and written testimony, and Brad Hawldns-Clark having appeared on behalf of
the Planning and Zoning Department, and the Applicant, I(athleen Lawrence, having
appeared and testified in favor of the application, and Jerry Randolph having appeared and
testified in opposition to the application, and the City Council having received the staff
FINDINGS OF FACT AND CONCLUSIONS OF LAW - I
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE / CHILD CARE FACILITY
report and the record and the Recommendations made before the Planning and Zoning
Commission, and being fully advised in the premises, the Council finds and concludes as
follows:
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for April 20,
1999, 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 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 April 20, 1999, 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. This proposed development request is in a (L-O), Limited Office District,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE / CHILD CARE FACILITY
zone by reason of the provisions of S 11-2-418E of the Municipal Code and a public
hearing was required before the City Council on this application.
3. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss67-6509 and 67-6512; and ss11-2-416E and 11-2-418E as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
4. The property is located on Linder Road, South of Pine Street, North of
Hwy. 30 and Franklin Road, Meridian, Idaho.
5. The owners of record of the subject property are Woodrow and Anita
Chase of 370 N. Linder, Meridian, Idaho.
6. Applicants are Wendell and I<athleen Lawrence of 889 N. Fillmore Way,
Meridian, Idaho.
7 . The subject property is currently zoned Limited Office District (L-O).
The zoning district of Limited Office District (L-O) is defined within the City of
Meridian Zoning and Development Ordinance, Section 11-2-408B(7).
8. The proposed application requests a conditional use permit for the
operation of a 4,800 sq. ft., 50 children child care facility. The L-O zoning designation
within the City of Meridian Zoning and Development Ordinance requires a conditional
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<A THLEEN LAWRENCE / CHILD CARE FACILITY
use permit be obtained for most uses including those requested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section 11-2-409).
9. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
10. Mr. Jeny Randolph testified at the hearing pertaining to his concerns of
the conditional use devaluing his property, noise from the children and/or the
additional increase in traffic. He noted the subdivision is still referred to as Heppers
Acres and he thought the covenants did not allow commercial enterprises.
11. The Meridian Planning and Zoning Commission takes judicial notice of
its Zoning, Subdivision 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, Grd. No.
629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary.
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE/ CHILD CARE FACILITY
services to the subject real property within the planning jurisdiction of the City of
Meridian.
12.1 Conditions requested by the City of Meridian Planning and Zoning
Administrator and Assistant City Engineer within their Memorandum
dated January 8, 1999, be required as follows:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
12.1.1
12.1.2
12.1.3
12.1.4
12.1.5
Off-street parldng shall be provided in accordance with
Section 11-2-414 of the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific
requirements.
Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414.D.4 and 11-2-
414.D.5 of the City of Meridian Zoning and Developlnent
Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Grd. 557, 10-1-91) for all off-street
parking areas. All site drainage shall be contained and
disposed of on-site.
Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-14.D.3.
All signage shall be in accordance with the standards set
forth in Section 11-2-415 of the City of Meridian Zoning
and Development Ordinance. No temporary signage or
flashing signs will be permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE/ CHILD CARE FACILITY
12.1.6
12.1.7
12.1.8
12.1.9
12.1.10
12.1.11
12.1.12
12.1.13
Applicants shall detennine the normal high groundwater
elevation, and submit a profile of the subsurface soil
conditions as prepared by a soil scientist with the design of
site drainage plan.
Applicants shall provide five-foot-wide sidewallcs in
accordance with City Ordinance Section 11-9-606.B.
All construction shall conform to the requirements of the
Americans with Disabilities Act.
The conditional use pennit shall be subject to review upon
ten days notice to the Applicant.
Sanitary sewer service to the proposed site could be
extended from the existing main line installed adjacent to
the north of the subject site.
Water service to the proposed site could be extended from
the existing water main line installed in Linder Road.
Applicants shall provide the Public Works Department with
information on anticipated fire flow and domestic water
requirements for the proposed site.
Assessment fees for water and sewer service are determined
during the building plan review process. Applicant shall be
required to enter into an Assessment Agreement with the
City of Meridian.
A minimum of one three-inch caliper tree is required for
every I ,500 square feet of pavement. Applicant shall provide
square footage of pavement so quantity of three-inch-caliper
trees required can be detennined. Applicant shall submit
detailed landscape plans for review and approval during the
building plan review process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE / CHILD CARE FACILITY
12.1.14
12.1.15
12.1.16
12.1.17
12.1.18
12.1.19
12.1.20
12.1.21
Applicant shall pay particular attention to lighting plans to
ensure that lights do not cause glare or impact adjacent
residential properties or the traveling public, as determined
by the Meridian Public Works Department. The Public
W orl<.8 Department is in the process of determining detailed
standards for lighting.
Provide and maintain minimum 20-foot-wide planting strips
adjacent to all residential properties.
No use of the Union Pacific Railroad corridor is proposed,
and none is approved with this application. Use of the
UPRR corridor without appropriate approvals may be cause
for revocation of the conditional use permit. The Meridian
Comprehensive Plan calls for preservation of the UPRR
corridor for future pathway use. Planting strips adjacent to
the railroad corridor are encouraged.
No signage details were submitted. Detailed signage plans
shall be included as part of this application for review and
approval. All signage is subject to design review approval.
Coordinate the location and sizing requirements of the trash
enclosure with Sanitary Services, Inc.
Ada County Highway District's draft report indicates they
will only approve a single driveway access on Linder Road
which would align with an existing driveway to the west.
Modification of the site plan will be required to reflect the
conditions of Ada County Highway District.
Any transfer of the conditional use permit will reqUIre a
public hearing in accordance with City Ordinance.
Submit evidence of licensing from the Idaho Department of
Health & Welfare prior to operation of the facility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW .. 7
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE / CHILD CARE FACILITY
12.1.22
12.1.23
Applicant shall obtain a Certificate of Occupancy prior to
any use of the building.
The P&Z Commission and Council may prescribe
appropriate conditions, bonds and safeguards in accordance
with Ordinance Section 11-2-418.
Adopt the Ada County Highway District Recommendations as follows:
12.1.24
12.1.25
12.1.26
12.1.27
12.1.28
Dedicate 48-feet of right-of-way from the centerline of
Linder Road abutting the parcel by means of recordation of a
final subdivision plat or execution of a warranty deed prior
to issuance of a building permit (or other required permits),
whichever occurs first. The owner will be compensated for all
right-af-way dedicated as an addition to existing right-of-way
from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to brealdng ground, in accordance with
Section 15 of ACHD Ordinance 188.
Construct one driveway on Linder Road in alignment with
the approved roadway/driveway (MSPR-14-98) on the west
side of the road, located approximately 1,270 feet north of
Franklin Road or approximately 220 feet south of the
existing railroad tracks at the existing rail crossing.
Coordinate the location of the driveway with District staff.
Pave the driveway its full width and at least 30-feet beyond
the edge of pavement of Linder Road.
Provide a recorded cross access easement for the parcel to
the south to use this parcel for access to the public street.
Construct a 5-foot wide concrete sidewall( on Linder Road
located 2-feet within the new right-of-way. Coordinate the
location and elevation with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEND ELL AND I<A THLEEN LAWRENCE / CHILD CARE FACILITY
12.1.29
12.1.30
In accordance with District policy, stub streets to the
undeveloped parcels abutting this site may be required upon
review of a future application for this site.
Other than the access point specifically approved with this
application, direct lot or parcel access to Linder Road is
prohibited.
Adopt the Meridian Fire Department recommendations as follows:
12.1.31
12.1.32
12.1.33
12.1.34
Applicants shall satisfy all fire code requirements.
A fire sprinlder system and fire alarm system shall be
installed.
Panic hardware shall be installed on door.
A fire hydrant shall be added.
Adopt the Central District Health Department's Recommendations as follows:
12.1.35
12.1.36
12.1.37
12.1.38
12.1.39
The Applicant obtain written approval for the central sewage
and central water prior to approval of the conditional use
permit.
Run-off is not to create a mosquito breeding problem.
Applicant shall submit plans for a child care center review.
Stormwater must be pretreated through a grassy swale prior
to the discharge to the subsurface to prevent impact to
groundwater and surface water quality.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE / CHILD CARE FACILITY
management system that prevents groundwater and surface
water degradation.
Adopt the Nampa & Meridian Irrigation District Recommendations as follows:
12.1.40
Applicant shall submit a Land Use Change/Site
Development application for review prior to final platting.
12.1.41
Requires all laterals and wasteways be protected.
12. I .42
All municipal surface drainage shall be retained on site.
12.1.43
If any surface drainage leaves the site, the Nampa &
Meridian Irrigation District must review drainage plans.
12.1.44
The developer must comply with Idaho Code 31-3805.
13. The proposed uses within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
14. The uses proposed within 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 - 10
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<A THLEEN LAWRENCE / CHILD CARE FACILITY
16. The uses proposed 'Nithin the subject application 'Nill be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated 'Nith the use.
18. The uses proposed 'Nithin the subject application 'Nill not involve uses,
activities. processes, materials, equipment and conditions of operation that 'Nill be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
19. Sufficient off-street parking for the property and the proposed uses of the
property 'Nill be provided.
20. The development 'Nill not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
llLocal Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 6 7, Idaho Code (I. C. s6 7 -6503).
2. The Meridian Planning and Zoning Commission may exercise all the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE/ CHILD CARE FACILITY
powers required and authorized under the "Act" except the power to adopt ordinances
by the establishment of a Planning and Zoning Commission by ordinance pursuant to
Idaho Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
Ordinance" at Title XI, Chapter 1, Municipal Code of the City of Meridian.
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 othervvise 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 conditional 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:
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE / CHILD CARE FACILITY
the general vicinity and that such use will not change the essential
character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment
of proposed conditional use shall be able to provide adequately any such
services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare
of the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
and
1. 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 a Limited Office District (L-
0), 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE / CHILD CARE FACILITY
in accordance with the provisions of Section ll-Z-418E City of Meridian Zoning and
Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Pennit, the applicant and the
Commission and Council shall follow notice and hearing procedures
provided in Section 11-2-416, Zoning Amendment Procedures, of this
Ordinance. 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."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall transmit its recommendations to the Meridian
City Council with supportive reasons. The Commission shall recommend that the
application be approved, approved with conditions or denied. The Commission shall
ensure that any approval or approval with conditions of an application shall be in
accordance with Meridian Comprehensive Plan, City of Meridian Zoning and
Development Ordinance, and Idaho State law. (Section 11-2-418(f), City of Meridian
Zoning and Development Ordinance.)
7. When the City Council approves a conditional use pennit it may impose
conditions of that approval that reasonably:
Idaho Code S 67-6512 provides in part that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE/CHILD CARE FACILITY
(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 conditional 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 allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed use, and when it is not in conflict with the plan;
and
(C) That upon the granting of a conditional use pennit, conditions
may be attached to a special use pennit, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE / CHILD CARE FACILITY
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. Having made the afore stated Decision and Order, the City of Meridian
City Council does hereby Order and this does Order that the above named applicant is
granted the proposed application for a conditional use permit for the uses set forth
hereinabove with the following conditions:
1.1 Off-street parking shall be provided in accordance with Section 11-
2-414 of the City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
1.2 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE / CHILD CARE FACILITY
1.3 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 parldng areas. All site drainage
shall be contained and disposed of on-site.
1.4 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-I4.D.3.
1.5 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be permitted.
1.6 Applicants shall determine the normal high groundwater elevation,
and submit a profile of the subsurface soil conditions as prepared
by a soil scientist with the design of site drainage plan.
1.7 Applicants shall provide five-foot-wide sidewalles in accordance
with City Ordinance Section 1I-9-606.B.
1.8 All construction shall conform to the requirements of the
Americans with Disabilities Act.
1.9 The conditional use permit shall be subject to review upon ten
days notice to the Applicant.
1.10 Sanitary sewer service to the proposed site could be extended from
the existing main line installed adjacent to the north of the subject
site.
1.11 Water service to the proposed site could be extended from the
existing water main line installed in Linder Road. Applicants shall
provide the Public W orles Department with information on
anticipated fire flow and domestic water requirements for the
proposed site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE / CHILD CARE FACILITY
1.12 Assessment fees for water and sewer service are detennined during
the building plan review process. Applicant shall be required to
enter into an Assessment Agreement with the City of Meridian.
1.13 A minimum of one three-inch caliper tree is required for every
1 ,500 square feet of pavement. Applicant shall provide square
footage of pavement so quantity of three-inch-caliper trees required
can be determined. Applicant shall submit detailed landscape plans
for review and approval during the building plan review process.
1.14 Applicant shall pay particular attention to lighting plans to ensure
that lights do not cause glare or impact adjacent residential
properties or the traveling public, as detennined by the Meridian
Public W orl<.5 Department. The Public W orl<5 Department is in
the process of detennining detailed standards for lighting.
1.15 Provide and maintain minimum 20-foot-wide planting strips
adjacent to all residential properties.
1.16 No use of the Union Pacific Railroad corridor is proposed, and
none is approved with this application. Use of the UPRR corridor
without appropriate approvals may be cause for revocation of the
conditional use permit. The Meridian Comprehensive Plan calls for
preservation of the UPRR corridor for future pathway use. Planting
strips adjacent to the railroad corridor are encouraged.
1.17 No signage details were submitted. Detailed signage plans shall be
included as part of this application for review and approval. All
signage is subject to design review approval.
1.18 Coordinate the location and sizing requirements of the trash
enclosure with Sanitary Services, Inc.
1.19 Ada County Highway District's draft report indicates they will only
approve a single driveway access on Linder Road which would align
with an existing driveway to the west. Modification of the site plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE / CHILD CARE FACILITY
will be required to reflect the conditions of Ada County Highway
District.
1.20 Any transfer of the conditional use pennit will require a public
hearing in accordance with City Ordinance.
1.21 Submit evidence of licensing from the Idaho Department of Health
& Welfare prior to operation of the facility.
1.22 Applicant shall obtain a Certificate of Occupancy prior to any use
of the building.
1.23 The P&Z Commission and Council may prescribe appropriate
conditions, bonds and safeguards in accordance with Ordinance
Section 11-2-418.
1.24 Dedicate 48-feet of right-of-way from the centerline of Linder Road
abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
pennit (or other required permits), whichever occurs first. The
owner will be compensated for all right-of-way dedicated as an
addition to existing right-of-way from available impact fee revenues
in this benefit zone, if the owner submits a letter of application to
the impact fee administrator prior to breal<ing ground, in
accordance with Section 15 of ACHD Ordinance 188.
1.25 Construct one driveway on Linder Road in alignment with the
approved roadway/driveway (MSPR-14-98) on the west side of the
road, located approximately 1,270 feet north of Franldin Road or
approximately 220 feet south of the existing railroad tracl<s at the
existing rail crossing. Coordinate the location of the driveway with
District staff.
1.26 Pave the driveway its full width and at least 30-feet beyond the
edge of pavement of Linder Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND lCATHLEEN LAWRENCE / CHILD CARE FACILITY
1.27 Provide a recorded cross access easement for the parcel to the south
to use this parcel for access to the public street.
1.28 Construct a 5-foot wide concrete sidewalk on Linder Road located
2-feet within the new right-of-way. Coordinate the location and
elevation with District staff.
1.29 In accordance with District policy, stub streets to the undeveloped
parcels abutting this site may be required upon review of a future
application for this site.
1.30 Other than the access point specifically approved with this
application, direct lot or parcel access to Linder Road is prohibited.
1.31 Applicants shall satisfy all fire code requirements.
1.32 A fire sprinkler system and fire alarm system shall be installed.
1.33 Panic hardware shall be installed on door.
1.34 A fire hydrant shall be added.
1.35 The Applicant obtain written approval for the central sewage and
central water prior to approval of the conditional use permit.
1.36 Run-off is not to create a mosquito breeding problem.
1.37 Applicant shall submit plans for a child care center review.
1.38 Stormwater must be pretreated through a grassy swale prior to the
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
1.39 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND lCATHLEEN LAWRENCE / CHILD CARE FACILITY
1.40 Applicant shall submit a Land Use Change/Site Development
application for review prior to final platting.
1.41 Requires all laterals and wasteways be protected.
. 1.42 All municipal surface drainage shall be retained on site.
1.43 If any surface drainage leaves the site, the Narnpa & Meridian
Irrigation District must review drainage plans.
1.44 The developer must comply with Idaho Code 31-3805.
2. The conditions shall be reviewable by the Council pursuant to Section 11-
2-418 (IC) of the City of Meridian Planning and Zoning Ordinance.
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 Pennit
in accordance with this Decision, which shall be signed by the Mayor and City Clerl(
and then a copy served by the Clerl( upon the applicant, the Planning and Zoning
Department, the Public W orl<.5 Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<ATHLEEN LAWRENCE / CHILD CARE FACILITY
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit may within twenty-eight (28) days after the date of this
decision and order seel, a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on J ~ i~1999.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BENTLEY
VOTED~
COUNCILMAN BIRD
VOTED~
COUNCILMAN ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED: b--IS-9tf
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND I<A THLEEN LAWRENCE / CHILD CARE FACILITY
(
(
MOTION:
APPROVE9.: ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By:Ji~P! ~~
City Clerk
Dated:
6-/5-- f
msg\Z:\Work\M\Meridian I 5360M\Lawrence Day Care\CUPDecOrd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 23
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WENDELL AND ICATHLEEN LAWRENCE / CHILD CARE FACILITY
,f
'I . ~..
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
, WENDELL AND KATHLEEN LAWRENCE, )
FOR A CONDITIONAL USE PERMIT FOR A )
CHILD CARE FACILITY LICENSED FOR 50 )
CHILDREN LOCATED AT LINDER ROAD, )
SOUTH OF PINE STREET, NORTH OF HWY. )
30 AND FRANKLIN ROAD, MERIDIAN, )
IDAHO/ )
CASE NO. CUP-98-102
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
This matter having come before the City Council on April 20, 1999, at the Meridian
City Hall, 33 East Idaho, Meridian, Idaho, and Brad Hawkins-Clark having appeared on
behalf of the Planning and Zoning Department, and Kathleen Lawrence having appeared
and testified, and Jerry Randolph appeared and testified in opposition of the application with
concerns overthe devaluing of his property due to noise of the children, additional traffic, and
that the covenants of Hepper's Acres address that there shall be no commercial enterprises,
and under the provisions of S 11-2-418 E Municipal Code of the City of Meridian 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:
A Conditional Use Permit is herein granted to Wendell and Kathleen Lawrence, dba
Healthy Beginnings Childcare, for the operation of a 4,800 sq. ft., 50 children child care
facility upon the real property described in Exhibit "A" attached hereto and located on Linder
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WENDELL AND KATHLEEN LAWRENCE /
HEALTHY BEGINNINGS CHILDCARE
Road, South of Pine Street, North of Hwy. 30 and Franklin Road, Meridian, Road, Meridian,
Idaho.
This permit is subject to the following terms and conditions:
1. Having made the afore stated Decision and Order, the City of Meridian City Council
does hereby Order and this does Order that the above named applicant is granted the
proposed application for a conditional use permit for the uses set forth hereinabove with the
following conditions:
1.1 Conditions requested by the City of Meridian Planning and Zoning
Administrator and Assistant to City Engineer within their Memorandum dated
January 8, 1999, by the Planning and Zoning Commission be required as
follows:
Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations
as follows:
1.1 .1 Off-street parking shall be provided in accordance with
Section 11-2-414 of the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific
requirements.
1 .1.2 Paving and striping shall be in accordance with the standards
set forth in Sections 11-2-414.0.4 and 11-2-414.D.5 of the
City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA)
requirements.
1.1.3 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.
1 .1.4 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-14.0.3.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WENDELL AND KATHLEEN LAWRENCE /
HEALTHY BEGINNINGS CHILDCARE
2
1.1.5 All signage shall be in accordance with the standards set forth
in Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing
signs will be permitted.
1.1.6 Applicants shall determine the normal high groundwater
elevation, and submit a profile of the subsurface soil
conditions as prepared by a soil scientist with the design of
site drainage plan.
1 .1.7 Applicants shall provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-9-606.8.
1.1 .8
1 .1.9
1.1.10
1.1.11
1.1.12
1.1.13
All construction shall conform to the requirements of the
Americans with Disabilities Act.
The conditional use permit shall be subject to review upon ten
days notice to the Applicant.
Sanitary sewer service to the proposed site could be extended
from the existing main line installed adjacent to the north of the
subject site.
Water service to the proposed site could be extended from the
existing water main line installed in Linder Road. Applicants
shall provide the Public Works Department with information on
anticipated fire flow and domestic water requirements for the
proposed site.
Assessment fees for water and sewer service are determined
during the building plan review process. Applicant shall be
required to enter into an Assessment Agreement with the City
of Meridian.
A minimum of one three-inch caliper tree is required for every
1 ,500 square feet of pavement. Applicant shall provide square
footage of pavement so quantity of three-inch-caliper trees
required can be determined. Applicant shall submit detailed
landscape plans for review and approval during the building
plan review process.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WENDELL AND KATHLEEN LAWRENCE I
HEALTHY BEGINNINGS CHILDCARE
3
1.1.14
1.1.15
1.1.16
1.1.17
1.1.18
1.1.19
1 .1 .20
1 .1 .21
1 .1 .22
Applicant shall pay particular attention to lighting plans to
ensure that lights do not cause glare or impact adjacent
residential properties or the traveling public, as determined by
the Meridian Public Works Department. The Public Works
Department is in the process of determining detailed
standards for lighting.
Provide and maintain minimum 20-foot-wide planting strips
adjacent to all residential properties.
No use of the Union Pacific Railroad corridor is proposed, and
none is approved with this application. Use of the UPRR
corridor without appropriate approvals may be cause for
revocation of the conditional use permit. The Meridian
Comprehensive Plan calls for preservation of the UPRR
corridor for future pathway use. Planting strips adjacent to the
railroad corridor are encouraged.
No signage details were submitted. Detailed signage plans
shall be included as part of this application for review and
approval. All signage is subject to design review approval.
Coordinate the location and sizing requirements of the trash
enclosure with Sanitary Services, Inc.
Ada County Highway District's draft report indicates they will
only approve a single driveway access on Linder Road which
would align with an existing driveway to the west. Modification
of the site plan will be required to reflect the conditions of Ada
County Highway District.
Any transfer of the conditional use permit will require a public
hearing in accordance with City Ordinance.
Submit evidence of licensing from the Idaho Department of
Health & Welfare prior to operation of the facility.
Applicant shall obtain a Certificate of Occupancy prior to any
use of the building.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WENDELL AND KATHLEEN LAWRENCE /
HEALTHY BEGINNINGS CHILDCARE
4
1.1.23
The P&Z Commission and Council may prescribe appropriate
conditions, bonds and safeguards in accordance with
Ordinance Section 11-2-418.
Adopt the Ada County Highway District Recommendations as follows:
1.1.24
1 .1.25
1 .1 .26
1.1.27
1 .1 .28
1 .1 .29
1 .1.30
Dedicate 48-teet ot right-at-way from the centerline of Linder
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits),
whichever occurs first. The owner will be compensated for all
right-of-way dedicated as an addition to existing right-of-way
from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with
Section 15 of ACHD Ordinance 188.
Construct one driveway on Linder Road in alignment with the
approved roadway/driveway (MSPR-14-98) on the west side
of the road, located approximately 1 ,270 feet north of Franklin
Road or approximately 220 feet south of the existing railroad
tracks at the existing rail crossing. Coordinate the location of
the driveway with District staff.
Pave the driveway its full width and at least 3D-feet beyond the
edge of pavement of Linder Road.
Provide a recorded cross access easement for the parcel to
the south to use this parcel for access to the public street.
Construct a 5-foot wide concrete sidewalk on Linder Road
located 2-feet within the new right-of-way. Coordinate the
location and elevation with District staff.
In accordance with District policy, stub streets to the
undeveloped parcels abutting this site may be required upon
review of a future application for this site.
Other than the access point specifically approved with this
application, direct lot or parcel access to Linder Road is
prohibited.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WENDELL AND KATHLEEN LAWRENCE /
HEALTHY BEGINNINGS CHILDCARE
5
Adopt the Meridian Fire Department recommendations as follows:
1.1.31
1.1.32
1.1 .33
1 . 1 .34
Applicants shall satisfy all fire code requirements.
A fire sprinkler system and fire alarm system shall be installed.
Panic hardware shall be installed on door.
A fire hydrant shall be added.
Adopt the Central District Health Department's Recommendations as follows:
1.1.35
1.1.36
1.1.37
1.1.38
1 .1.39
The Applicant obtain written approval for the central sewage
and central water prior to approval of the conditional use
permit.
Run-off is not to create a mosquito breeding problem.
Applicant shall submit plans for a child care center review.
Stormwater must be pretreated through a grassy swale prior
to the discharge to the subsurface to prevent impact to
groundwater and surface water quality.
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 Nampa & Meridian Irrigation District Recommendations as follows:
1 .1 .40
1 . 1 .41
1 . 1.42
1 .1 .43
Applicant shall submit a Land Use Change/Site Development
application for review prior to final platting.
Requires all laterals and wasteways be protected.
All municipal surface drainage shall be retained on site.
If any surface drainage leaves the site, the Nampa & Meridian
Irrigation District must review drainage plans.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WENDELL AND KATHLEEN LAWRENCE /
HEALTHY BEGINNINGS CHILDCARE
6
1 . 1 .44
The developer must comply with Idaho Code 31-3805.
2. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of S 11-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
~.-- ;
By action of the City Council at its regular meeting held on ~ (,K/I"-C--
/ fi-&
,
1999.
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
i
::
=
By:
Dated: (-;s--- q9
msg\Z:\Work\M\Meridian 15360M\Lawrence Day Care\Order
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WENDELL AND KATHLEEN LAWRENCE /
HEALTHY BEGINNINGS CHILDCARE
7
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF BILL AND PAT )
GEYER, FOR A CONDITIONAL )
USE PERMIT FORAN 8,000 :!: )
SQ. FT. BUILDING AT THE )
NORTHEAST CORNER OF )
WILSON AND LOCUST GROVE, )
MERIDIAN, IDAHO )
)
Case No. CUP-99-004
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 COllncil on the 1st day of June, 1999, and Shari Stiles, Planning and Zoning
Administrator, having appeared and testified, al1d the Applical1t, Bill Geyer, did not
appear but had previously sllblnitted a letter to City Hall 011 June 1, 1 999, and no one
appeared in opposition of the applicatiol1, and the City Council having received the staff
report and the record made before the Planl1il1g and Zoning Comlnission, 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
BILL AND PAT GEYER - I
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was
published for two (2) consecutive weel(s prior to the said public hearing scheduled for
June 1, 1999, 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 fiftee11 (15) days prior to said hearing and with the notice of public hearings
having been posted upon the property under consideration lTIOre than one weel( before
said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the June 1, 1999, said 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 conunents and submit evidence.
2. There has been cOlnpliance with all notice and hearing
requirements set forth in Idaho Code SS67-6509 and 67-6512; and 9911-2-416E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed with the staff report.
3. The property is located at the northeast comer of Wilson and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 2
Locust Grove, Meridian, Idaho.
4. The owners of record of the subject property are Bill and Pat Geyer
of 967 E. Parl(center, #282, Boise, Idaho 83706.
5. Applicants are the owners of record.
6. The subject property is currently zoned General Retail and Service
Comlnercial (C-G). The zoning district of General Retail and Service Commercial (C-
G) is defined within the City of Meridian Zoning and Development Ordinance,
Section 11-2-408(11).
7. The proposed application requests a conditional use permit for
construction and development of an approximate 8,000 sq. ft. cOffilnerciaVge11eral
building. The General Retail and Service Commercial (C-G) zoning designation within
the City of Meridian Zoning and Development Ordinance does not ordinarily require a
conditional use permit. A requirement of the original annexation of this parcel was
that all uses be developed as Planned Unit Developments under a conditional use
permit process. (Meridian City Zoning and Development Ordinance, Section 11-2-
409(B).)
8. AB a planned unit development the use proposed within the subject
application will in fact, constitute a conditional use as determined by City Policy.
9. The Meridian City Council tal(es judicial110tice of its Zoning,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 3
,.-
Subdivision and Development Ordi11ances codified at Title 11, Municipal Code of the
City of Meridian a11d all current zoni11g maps thereof and the COlnprehensive Plan of
the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and
Maps and the Ordina11ce establishing the In1pact Area Bou11dary.
10. Giving due consideratio11 to the comment received from the
gover11Ine11tal subdivisio11s providing services in the City of Meridian planning
jurisdiction public facilities a11d 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 fou11d to be required to mitigate the effects of the
proposed use and developme11t upon services delivered by political sllbdivisions
providing services to the subject real property within the planning jurisdictio11 of the
City of Meridian:
Adopt the Ada COllnty Highway District's Recolnmendations as follows:
10.1 Utility street cuts in the new pavelnent are not allowed
unless approved in vvriting by the District.
10.2 Provide a recorded cross access easement for the parcels to
the 110rth and east to use this parcel for access to the public
streets prior to issuance of a building perInit (or other
required permits).
10.3 Construct a 5-foot wide detached concrete sidewallc 011
Locust Grove Road abutting the site. Locate the sidewallc
one-foot within the right-of-way of Locust Grove Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 4
10.4 Construct curb, gutter and 5-foot wide concrete sidewall,
and match paving on Wilson Street abutting the developed
portion of the site. Construct improvements to one-half of a
41-foot street section. Coordinate the location, elevation
and grade of the sidewalk vvith District staff.
10.5 Construct a 24 to 30-foot vvide curb return driveway located
100-feet east of Locust Grove on Wilson Street, as
proposed. Pave the driveway its full required width and at
least 30-feet beyond the edge of pavement of Wilson Street
and install pavement tapers with 15-foot radii abutting the
existing roadway edge.
10.6 Construct a 24 to 3D-foot vvide curb return driveway located
20-feet west of the east property line on Wilson Street, as
proposed. Pave the driveway its full required width and at
least 30-feet beyond the edge of pavement of Wilson Street
and install pavement tapers with 15-foot radii abutting the.
existing roadway edge.
10.7 The existing driveway at the site's north property line shall
be approved for full access until such time as the
intersection is reconstructed, the site redevelops to the east,
or if a hazardous situation develops with regard to the
operation of the driveway. At which time the District vvill
construct a six-inch raised median i11 the center of Locust
Grove Road, from a point 10-feet south of the stop bar at
the intersection of Fairview Avenue to a point 31 O-feet
south of the intersection.
10.8 As required by District policy, restrictions on the width,
nUluber and locations of driveways, shall be placed on future
development of this parcel.
10.9 No new access to Locust Grove Road has been proposed and
none is approved with this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 5
10.10
Other than the access points specifically approved with this
application, direct lot or parcel access to Wilson Street is
prohibited.
Adopt the Meridian Fire Department's Reconunendations as follows:
10.11 Applicants shall satisfy all fire code requirements.
Adopt the Central District Health Department's Recommendations as follows:
10.12
10.13
10.14
10.15
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.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior
to discharge to the subsurface to prevent impact to
groundwater and surface water quality.
The Engineers and architects involved with the design of the
subject project shall obtain current best Inanagement
practices for storrnwater disposal and design a stormwater
management system that prevents groundwater and surface
water degradation.
Adopt the Nalnpa & Meridian Irrigation District Recommendations as follows:
10.16
10.17
10.18
Applicant shall submit a Land Use Change/Site
Development application for review prior to final platting.
All laterals and wasteways shall be protected.
All municipal surface drainage shall be retained on site. If
any surface drainage leaves the site, the Nampa & Meridia11
Irrigation District must review drainage plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 6
10.19
The developer must comply with Idaho Code S 31-3805.
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recormnendations as follows:
10.20
10.21
10.22
10.23
10.24
Any existing irrigation/drainage ditches crossing or adjacent
to the property shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped should be shovvn on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users' association, with
written confirlnation of said approval submitted to the
Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
Any existing domestic wells and/or septic systems within
this project shall be removed from their domestic service per
City Ordinance Section 5-7-5 17. Wells may be used for
non-dolnestic purposes such as landscape irrigation.
Off-street parking shall be provided in accordance with
Section 11-2-414 of the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific
requirements
Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414.D. 4 and 11-2-
414.D.5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be sublnitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. All site drainage shall be contained and
disposed of 011-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 7
10.25
10.26
10.27
10.28
10.29
10.30
10.31
10.32
Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-14.D.3.
All signage shall be in accordance with the standards set
forth in Section 11-2-415 of the City of Meridian Zoning
and Development Ordinance. No temporary signage or
flashing signs will be permitted.
Applicants shall provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-9-606.B.
All construction shall conform to the requirements of the
Americans with Disabilities Act.
Applicant shall provide a revised site plan detailing all
existing and proposed utilities for review by the Meridian
Public Warks Department. Designer is to coordinate sizing
and routing of sanitary sewer and water within the
development with the Public W orl(s Department.
Applicant shall provide the Public W orles Department with
information on anticipated fire flow and domestic water
requirements for the proposed site. Flow and pressure from
the existing mains shall be monitored with the Meridian
Water D.epartment to determine whether adequate fire
protection exists.
Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these
assessments, "Late Comers" fees may also be charged against
this parcel to help reimburse the parties responsible for
installi11g mains to their current points.
The total area of all common open space shall equal or
exceed ten percent (10%) of the gross land area of a planned
development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 8
10.33
10.34
10.35
10.36
10.37
10.38
10.39
10.40
(
Applicant shall provide calculation of paved area. A
minimum of one (I) three-inch (3") caliper tree is required
for every 1,500 square feet of asphalt.
Applicant shall provide detailed landscape plan for review
and approval. Per terms of development agreement for this
property, a minimum 15-foot-'Wide planting strip shall be
provided beyond the required right-of-way per terms of the
development agreement.
Lighting plans shall be submitted for review to ensure
adjacent residential property and the traveling public is not
impacted by glare, as determined by the City of Meridian.
Signage should be limited to one low-profile lllonument type
sign near the i11tersection of Locust Grove Road and the
private drive. Detailed signage plans shall be reviewed as
part of this application.
Applicant shall construct five-foot-'Wide sidewall(s along the
entire frontages of Locust Grove Road and Wilson Lane.
Applicant shall coordinate screened trash enclosure locations
and construction requirements 'With Sanitary Service
Company and provide a letter of approval from their office
prior to applying for building permits.
Handicapped accessible parldng spaces shall be provided in
accordance 'With the Americans 'With Disabilities Act. All
building and parldng lot construction shall meet the
requirements of the Americans 'With Disabilities Act.
Applicant shall install wheel blocl<.S or other suitable devices
to prevent any part of a parl(ed vehicle from extending
beyond the property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 9
(
10.41
Drainage swales may not be within the landscape setbaclcs
along Locust Grove.
1 0.42
Applicant shall provide detail of southern elevation. Design
must consider street appeal from Wilson La11e.
1 0 . 43
Applicant shall meet all other terms and conditions of
recorded developlue11t agreement.
Additional Recon11uendations of the Planning and Zoning Commission
10.44 The Applical1ts' monUlllent sign shall110t exceed 65 sq.ft.
11. To luaintain cOlupliance with the Comprehensive Plan, the project
should be designed, constructed, operated and maintai11ed to be harlllonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such inte11ded conditional use will 110t change the essential character
of the requests.
CONCLUSIONS OF LAW
1. The City Coul1cil adopts as its Conclusions of Law the Recommendations
10.1 through 10.44 of the RecoI1U11endations to City COU11Cil made in the above
entitled lllatter by the Planning and Zoning Commission which are incorporated herein
by reference as if set forth at length.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 10
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503).
3. The Meridian Planning and Zoni11g Commission Inay exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances
by the establishluent 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
Ordil1ance" at Title XI, Chapter 1, Municipal Code of the City of Meridian.
4. As part of a zoning ordina11ce the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional use
pennits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with cOl1ditiol1S under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
5. The City Council has the duty a11d responsibility to review the facts and
circulustances of each application for conditional use permit to deterluine prior to
granting the same that the evidential showing supports the finding that the following
standards are luet and that the proposed development:
(Section 11-2-418, City of Meridian Zoning and Developlnent Ord.):
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - II
a. Will, in fact, constitute a conditional use as determined by City
policy;
b Will be harmonious vvith and in accordance vvith the
Comprehensive Plan and this Ordinance;
c Will be designed, constructed, operated and maintained to be
hannonious and appropriate in appearance vvith the existing or
intended character of the general vicinity and that such use vvill 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 cOI1ditional 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 vvill not be detrimental to the
economic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment
and conditions of operation that vvill 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 have vehicular approaches to the property which shall be so
designed as not to create an interference vvith traffic on
surrounding public streets; and
1. Will not result in the destruction, loss or damage of a natural or
scenic feature of Inajor importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 12
6. Prior to granting a conditional use pennit in a General Retail and Service
Comlnercial District (C-G), 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 pennit all in accordance with the provisions of Section 11-2-418E City
of Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
COlnmission and Council shall follow notice and hearing procedures provided in
Sectiol1 11-2-416, Zoning A.1nendment Procedures, of this Ordinance. Provided,
however, that Conditional Use applications for land in Old Town and in
I11dustrial and Commercial Districts shall only be required to have one public
hearing which shall be held before the Planni11g and Zoning Commissio11 and
after the recommendation of the Commission is lnade the applicatio11 shall go
before the City Council without a public hearing and the Councillnay approve,
deny, or lnodify the recommendation of the COlumission."
7. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recolumendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
COlumission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2-
418(f), City of Meridia11 Zoning and Development Ordinance.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 13
8. When the City Cou11cil approves a conditional use permit it may impose
conditions of that approval that reasonably:
8.1 Minimize adverse ilnpact on other development;
8.2 Control the sequence and timing of development;
8.3 Control the duration of development;
8.4 Assure that the development is lnaintained property;
8.5 Designate the exact location and nature of the development;
8.6 Require the provision for on-site public facilities or services; and
8. 7 Require more restrictive standards than those generally required, in
this Ordinance.
9. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 14
I. That the above named applicant is granted a conditional use permit to
use the property for the construction and development of an approxilnate 8,000 sq. ft.
cOffilnercial/ge11eral building, subject to the following conditions of use and
development:
1.1 Utility street cuts in the new pavelnent are not allowed unless approved
in 'Nliting by the District.
1.2 Provide a recorded cross access easement for the parcels to the north and
east to use this parcel for access to the public streets prior to issuance of a
building permit (or other required permits).
1.3 Construct a 5-foot wide detached concrete sidewall( on Locust Grove
Road abutting the site. Locate the sidewall( one-foot within the right-of-
way of Locust Grove Road.
1.4 Construct curb, gutter and 5-foot wide concrete sidewall( and match
paving on Wilson Street abutting the developed portion of the site.
Construct improvements to one-half of a 4I-foot street section.
Coordinate the location, elevation and grade of the sidewalk with District
staff.
1.5 Construct a 24 to 30-foot wide curb return driveway located IOO-feet east
of Locust Grove on Wilson Street, as proposed. Pave the driveway its full
required width and at least 3D-feet beyond the edge of pavement of
Wilson Street and install pavelnent tapers with I5-foot radii abutting the
existing roadway edge.
1.6 Construct a 24 to 3D-foot wide curb return driveway located 20-feet west
of the east property line on Wilson Street, as proposed. Pave the driveway
its full required width and at least 30-feet beyond the edge of pavement
of Wilson Street and install pavement tapers with IS-foot radii abutting
the existing roadway edge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 15
1.7 The existing driveway at the site's north property line shall be approved
for full access until such time as the intersection is reconstructed, the site
redevelops to the east, or if a hazardous situation develops with regard to
the operation of the driveway. At which time the District will construct a
six-inch raised median in the center of Locust Grove Road, from a point
IO-feet south of the stop bar at the intersection of Fairview Avenue to a
point 31 O-feet south of the intersection.
1.8 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
1.9 No new access to Locust Grove Road has been proposed and none is
approved with this application.
1.10 Other than the access points specifically approved with this application,
direct lot or parcel access to Wilson Street is prohibited.
1.11 Applicants shall satisfy all fire code requirements.
1.12 The Applicant's central sewage and central water plans lTIUSt be submitted
to a11d approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
1.13 Run-off is not to create a mosquito breeding problem.
1.14 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.15 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.
1.16 Applicant shall submit a Land Use Change/Site Development application
for review prior to final platting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 16
(
1.1 7 All laterals and wasteways shall be protected.
1.18 All municipal surface drainage shall be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans.
1.19 The developer must comply with Idaho Code S 31-3805.
1.20 Any existing irrigation/drainage ditches crossing or adjacent to the
property shall be tiled per City Ordinance 11-9-605.M. The ditches to be
piped should be shown on the site plans. Plans will need to be approved
by the appropriate irrigation/drai11age district, or lateral users' association,
with written confirmation of said approval submitted to the Public W orl<5
Department. No variances have been requested for tiling of any ditches
crossing this project.
1.21 Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance Section 5-7-5
17. Wells may be used for non-domestic purposes such as landscape
irrigation.
1.22 Off-street parldng shall be provided in accordance with Section 11-2-414
of the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements
1.23 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning
and Development Ordinance and i11 accordance with Americans with
Disabilities Act (ADA) requirements.
1.24 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 17
1.25 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-2-14.D.3.
1.26 All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance.
No temporary signage or flashing signs will be permitted.
1.27 Applicants shall provide five-foot-wide sidewall(s in accordance with City
Ordinance Section 11-9-606.B.
1.28 All construction shall confoffi1 to the requirements of the Americans with
Disabilities Act.
1.29 Applicant shall provide a revised site plan detailing all existing and
proposed utilities for review by the Meridian Public Works Department.
Designer is to coordinate sizing and routing of sanitary sewer and water
within the development with the Public W orl(5 Department.
1.30 Applicant shall provide the Public W orl(5 Department with information
on anticipated fire flow and dOlnestic water requirements for the proposed
site. Flow and pressure from the existing lnains shall be lTIonitored with
the Meridian Water Department to determine whether adequate fire
protection exists.
1.31 Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian. In addition to these assessments, "Late Comers"
fees may also be charged against this parcel to help reimburse the parties
responsible for installing mains to their current points.
1.32 The total area of all common open space shall equal or exceed ten percent
( 1 0%) of the gross land area of a planned development.
1.33 Applicant shall provide calculation of paved area. A minimuln of one (1)
three-inch (3") caliper tree is required for every I ,500 square feet of
asphalt.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 18
1.34 Applicant shall provide detailed landscape plan for review and approval.
Per terms of development agreement for this property, a minimum 15-
foot-wide planting strip shall be provided beyond the required right-of-
way per terlTIS of the development agreement.
1.35 Lighting plans shall be submitted for review to ensure adjacent residential
property and the traveling public is not impacted by glare, as determined
by the City of Meridian.
1.36 Signage should be limited to one low-profile monument type sign near the
intersection of Locust Grove Road and the private drive. Detailed signage
plans shall be reviewed as part of this application.
1.37 Applicant shall construct five-foot-wide sidewall<.s along the entire
frontages of Locust Grove Road and Wilson Lane.
1.38 Applicant shall coordinate screened trash enclosure locations and
construction requirements with Sanitary Service Company and provide a
letter of approval frOITI their office prior to applying for building permits.
1.39 Handicapped accessible parking spaces shall be provided in accordance
with the Americans with Disabilities Act. All building and parldng lot
construction shall meet the requirements of the Americans with
Disabilities Act.
1.40 Applicant shall install wheel blocl(s or other suitable devices to prevent
any part of a parked vehicle from extending beyond the property line.
1.41 Drainage swales may not be within the landscape setbacks along Locust
Grove.
1.42 Applicant shall provide detail of southern elevation. Design ll1USt consider
street appeal from Wilson Lane.
1.43 Applicant shall meet all other terms and conditions of recorded
development agreement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 19
1.44 The Applicants' monument sign shall not exceed 65 sq.ft.
2. The conditions shall be reviewable by the Comlnission pursuant to
Section 1-2-418(I() of the City of Meridian Planning and Zoning Ordinance.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
In accordance with this Decision, which shall be signed by the Mayor and City Clerl(
and then a copy served by the Clerl( upon the applicant, the Planning and Zoning
Departme11t, the Public W orl(s Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please tal(e notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person
who has an interest in real property which Inay be adversely affected by the issuance
or denial of the conditional use permit may within twenty-eight (28) days after the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 20
date of this decision and order seel( a judicial review as provided by Chapter 52, Title
67, Idaho Code.
if"/,
By action of the City Council at its regular meeting held June /5 -;-1999. ·
ROLL CALL:
COUNCILMAN ANDERSON
COUNCILMAN BENTLEY
COUNCILMAN BIRD
COUNCILMAN ROUNTREE
MAYOR ROBERT D. CORRIE (TIE BREAlCER)
DATED: 6-/5'--Q1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 21
VOTED~
VOTED~
VOTED~
VOTED~
VOTED
MOTION:
APPROVED~~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By:
City ClerIc
Dated:
6-/S-f9
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BILL AND PAT GEYER - 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. This order shall be automatically amended for the description of said parcel at such
time as the approval and recording of the final plat of the Applicant, Cherry Lane
Recreation, Inc.
5. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of S 11-2-418 J of the Municipal Code of the City of Meridian,
a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on
~ 22(l1/)
V~ ~ ,1999.
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
Dated: 1-- 22-- '19
msg/Z:\ Work\M\Meridian 15360M\Cheny Lane Golf Course CUP\CUPOrder
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
CHERRY LANE RECREATION, INC.
6
(
(
MERIDIAN CITY COUNCIL MEETING:
JULY 6,1999
APPLICANT: DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 25B 1
REQU EST:
GARY SMITH - 1999 WATERLINE PROJECT, PHASE 1 BID AWARD
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
SEE ATTACHED BID AWARD
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(
FORM 00450
NOTICE OF AWARD (
Dated
TO: Bitterroot Construction, Inc.
(BIDDER)
ADDRESS: 2428 S. Liberty Street
Boise,ID 83709
Contract: City of Meridian - 1999 Waterline Project, Phase I
(Insert name of Contract as it appears in the Bidding Documents)
Project: Ustick Road Improvements
OWNER's Contract No.
You are notified that your Bid dated June 17, 1999 for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for
1999 Waterline Project - Phase 1, Ustick Road Improvements
(Indicate total Work, alternates or sections or Work awarded)
The Contract Price of your Contract is Three Hundred Eighteen Thousand Five Hundred
Sixty-one and 70/1 OOths Dollars ($ 318,561.70).
L copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of
Award. ~ sets of the Drawings will be delivered separately or otherwise made available to you
immediately.
You must comply with the following conditions precedent within 15 days of the date you receive this
Notice of Award.
1. Deliver to the OWNER --.1.- fully executed counterparts of the Contract Documents. Each of the
Contract Documents must bear your signature on the front cover.
2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the
Instructions to Bidders (Article 20), and General Conditions (paragraph 5.01).
EJCDC No. 1910-22 (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of
America and the Construction Specifications Institute.
00450- I
3. (List other cond f .5 precedent).
(-
A. Copies of Certificates of Insurance.. including workers' compensation. Include additional
insured provisions per the General Conditions and O\vner's Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider your
Bid in default, to annul this Notice of Award and to declare your Bid security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one fully
executed counterpart of the Contract Documents.
CITY OF MERIDIAN
(0 R)
By:
Mayor
(TITLE)
Attest: ~rJ J~ - ~
~vil iam G. Berg f Jr., C.J.. ty Clerk
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)
00450-2
(
MERIDIAN CITY COUNCIL MEETING:
(
1 ~ 6-19
APPLICANT: _ 6~ ~/1-~
AGENDA ITEM NUMBER:
REQUEST:
25-(3 I
COMMENTS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMA TJON:
OTHER:
~ .
~ ~l'~ 0
~(r ~l0,0
~
ol[U
~
~~.B~
~
(
June 24, 1999
Mr. Brad Watson, P.E.
Department of Public Works
City of Meridian
200 E. Carlton Avenue, Suite 100
Meridian, ID 83642
Dear Mr. Watson:
J-U-B ENGINEERS, Inc.
ENGINEERS · SURVEYORS · PLANNERS
250 South Beechwood Avenue, Suite 201
Boise, Idaho 83709-0944
208-376- 7330
FAX: 208-323-9336
R ~ .,..--. -r-' T -~ -r-r--,-...,-...
I j -f \._......-".J...::.:.." . \/ ,I . ')
, ~........ - '- I -t.____
JUN 2 4 '1999
MERIC:t.: l CiTY E: ~C:;~Et;r.~
RE: 1999 Waterline Project - Phase 1
Ustick Road Improvements - Bid Summary and Award
On June 17, 1999, eleven (11) bids were received and opened on the above-referenced project, of which ten
(10) bids were publicly read. The bid received from Superior Construction was not properly executed and,
therefore, considered non-responsive. There were several minor arithmetic errors that were corrected in favor
of the unit prices as shown on the Bid Tabulation. However, none of these discrepancies affected the apparent
low bidder. Bidding results are summarized below and, for a more detailed breakdown, a bid tabulation is
enclosed.
Enginee(s Estimate
Bitterroot Construction Inc.
Brown Construction Inc.
Barry A. Gunn Construction Inc.
Warrington Construction Inc.
Owyhee Construction Inc.
Masco Inc.
Paul Construction
T.A. Dibble Excavation Inc.
Northstar Construction Inc.
Bodiford Construction L. L. C.
S 400,511.00
S 318,561.70
$ 349,349.49
S 360,324.00 (adjusted from $371,384.00)
S 397,913.00
S 400,666.00
$ 417,831.60 (adjusted from $417,926.40)
$ 423,832.00 (adjusted from $432,332.00)
S 433,888.00
S 453,990.00
S 499,078.00 (adjusted from 483,078.00)
Also attached hereto, please find copies of the submitted bids for your reference. We will send the originals to
you after the contract documents have been developed for the successful bidder.
It appears that Bitteroot Construction Inc., is the apparent low bidder and, correspondingly, we recommend
Notice of Award be issued. Attached for the mayor's signature, please find three (3) copies of the Notice of
Award. Please return all three copies to our office, so we can notify the Contractor, and transmit the contract
documents for execution. It would be in the project's best interest to start work as soon as possible, to
minimize conflict with the ACHD chip-sealing project. We have contacted Jerry Hopkins at ACHD to obtain
current construction scheduling. Please contact me if you have any questions or require additional
information.
5i ncerely,
J-U-B ENGINEERS, Inc.
~Jd~52:
Project Engineer
PHK: lhe
Enclosures
f : 'projects' 1151 O\ad m in \ustick ci tyaward. doc
@
MERIDIAN CITY COUNCIL MEETING:
JULY 6,1999
APPLICANT: CONSENT AGENDA
AGENDA ITEM NUMBER:~
REQUEST: W ARRANllES AND LIMIT A liONS OF Y2K ENGAGEMENT LETTER
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED INFORMATION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
u
#OV
I
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
IDAHO POWER:
L'~{
*rP(0
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
ATTACHMENT
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June 21,1999
Dear Mayor Corrie:
The City Attorney has brought concerns about our limit of liability listed in the "WARRANTIES AND
LIMITATIONS" section of the Y2K engagement letter. The limitation reads as follows, "In no event
will we be liable for damages in excess of the amount you pay us under this engagement."
We are specifically limiting our liability in this engagement because addressing the century change is
unique. Ultimately, nobody knows exactly how the century change will effect electronic equipment.
Thus, manufacturers and consumers must provide due diligence in addressing the Y2K problems to the
best of their abilities. We are limiting our liability because we cannot certify The City's equipment since
we do not know all of the issues that could result from the century change. We are only testing IBM
compatible PC's using the GMT Check 2000 software tool. The City must decide on it's own the level of
confidence it has in any compliance statement or any tests that are performed.
Sincerely,
~""' <<ovJJ
Steve Konkol
BALUKOFF LINDSTROM & Co., P.A.
Certified Public Accountants
Wells Fargo Building
877 West Main Street, Suite B05
Boise, Idaho 83702
(208) 344-71 SO
FAX: (208) 344-7435
June 7, 1999
Dear Mayor Corrie:
We are pleased that you have taken the time to consider the year 2000 (Y2K) and its effect on THE CITY
OF MERIDIAN. This engagement letter sets forth the engagement's objectives, defines the scope of the
services, identifies your responsibilities, and provides our estimated fees.
ENGAGEMENT OBJECTIVE
The engagement's objective is to aid THE CITY OF MERIDIAN in formulating and implementing a
written Y2K plan pertaining to it's critical IBM compatible personal computers (PC's) and PC based
software. The purpose of the plan is to produce a Y2K compliance strategy, which includes
recommendations and limited revisions on critical PC's and PC based software.
SCOPE OF SERVICES
We will prepare a plan to inventory and assess critical PC's and software. We will aid in assessing the
compliance of each inventory item by attempting to contact the product manufacturer or by use of the
GMT Check 20aO-software tooL Compliance reconunendations for eacll inventoried item will be provided.
Where possible, revisions will be made to the computer internal clock or computer operating system, if the
product manufacturer provides for the corrections and if the corrections do not involve software
programming or physical computer hardware repair. Revisions that will be employed include; changing
date format options, BIOS chip upgrades or minor software patches. Finally, a compliance strategy will be
produced for inventoried items that are not fixed as a part of this engagement. Further corrections, not
included as a part of this engagement, may require checking all date sensitive data, replacing older systems
with the latest technology or hiring specialists to resolve the known problems.
We will review critical IBM compatible personal computers (PC's) using the GMT Check 2000 software,
publicly endorsed and reconnnended by Microsoft Cotporation. We will install the GMT Check 2000
software on each compatible and inventoried computer, networked or stand-alone. The GMT Check 2000
software is represented by GMT to produce the following information:
· Check hardware to determine whether the PC will successfully rollover from 1999 to 2000.
· Identify operating systems and date dependency issues.
· Identify off the shelf software programs and versions and compare them to the GMT Check 2000
database for detecting Y2K date discrepancies.
· Identify date sensitive items in databases and spreadsheets.
· Identify CPU type, number of drives, hard disk size and free space.
· Produce advice concerning identified date sensitive items.
· Collate all data into a common database to produce management reports.
The GMT Check 2000 software can be used through and beyond December 31, 1999. Product support and
upgrades are presently available from GMT, the manufacturer.
Our responsibility to this engagement will cease after all inventoried PC's and software have a completed
reconnnendation or compliance strategy.
EXCLUSIONS:
We will not test any systems that are related to the dispatch center for the Police department. Furthermore,
we will not test any systems that are related to the Water and Wastewater departments' telemetry system.
YOUR RESPONSffiILITIES
THE CITY OF MERIDIAN will be responsible in devising the inventory technology list, prioritizing the
list and developing a compliance strategy for each item. Furthermore, THE CITY OF MERIDIAN will be
responsible in devising an inventory list that encompasses all other date sensitive technology not addressed
in this engagement.
THE CITY OF MERIDIAN will need to allow 30 to 40 minutes of down time per PC for installing and
numing the GIvlT Check 2000 software~
THE CITY OF MERIDIAN will be solely responsible for approving all inventory lists for completeness,
all prioritizing, and all compliance strategies. Furthermore, THE CITY OF MERIDIAN will be responsible
for all continued testing and upgrading.
PROFESSIONAL FEES
The estimated consulting fee for this engagement will be $ 5,800. In addition the GMT check 2000
software is $55 per PC. We estimate that the approximately 55 PC's will need to be tested.
Our invoices for these fees will be rendered at the completion of each phase and are payable on presentation.
This fee is based on anticipated cooperation from your personnel and the assumption that lUlexpected
circumstances will not be enCOlll1tered during this engagement. If any increase in fee is necessary due to
ooexpected circumstances, the reasons for the fee increase will be discussed with you in advance.
WARRANTIES AND LIl\tIITA TIONS
Warranties for the computer software products installed as a result of this engagement are provided solely
by the manufacturer of the products. We offer no warranties, expressed or implied, regarding the
fimctionality or capabilities of the software product.
We offer no warranties, expressed or implied, concerning the ability of any hardware or software product,
modified as a result of this engagement, to successfully proceed into the year 2000. Our sole responsibility
is to provide the plarming and assessment services described in this agreement. In no event will we be liable
for damages in excess of the amount you pay us under this engagement.
~
Consideration should be taken with the following Y2K related problems not addressed in this engagemer.,..;. /);,. .
· Inventory list of all date sensitive equipment except for the PC's and PC software that i~ g~ /11'(:'1/5_ s {
D 7 ./'1<
included in this engagement. )1 /00
...sr....... /0 l.,/
· Contingency planning for failed systems. 0",,"" c..f'..
~
· Contingency planning for failed utilities; power, water and sewer. /0",
.... /-',.
· Compliance testing of critical systems and critical data files.
· Retrieval of information stored in a 20th centul}'-only format.
· Replacement of outdated systems.
Y2K services not included in this engagement will require a separate contract and billing from this
engagement.
CLOSING
We appreciate the opportlUlity to serve you. If the foregoing is in accordance with your understanding,
please sign the copy of this letter and return the signed letter to us.
Sincerely,
~VX~
Steve Konkol
(
THE CITY OF lv1ERIDIAN
June 7, 1999
RESPONSE:
This letter correctly sets forth the understanding of THE CITY OF :rvtERIDIAN
Signature:
Title:
Date:
(
BALUKOFF LINDSTROM & Co., P.A.
Certified Public Accountants
Wells Fargo Building
877 West Main Street, Suite 805
Boise, Idaho 83702
(208) 344-7150
FAX: (208) 344-7435
June 7, 1999
Dear Mayor Corrie:
We are pleased that you have taken the time to consider the year 2000 (Y2K) and its effect on THE CITY
OF MERIDIAN. This engagement letter sets forth the engagement's objectives, defines the scope of the
services, identifies your responsibilities, and provides our estimated fees.
ENGAGEMENT OBJECTIVE
The engagementts objective is to aid THE CITY OF MERIDIAN in formulating and implementing a
written Y2K plan pertaining to it's critical IBM compatible personal computers (PC's) and PC based
software. The purpose of the plan is to produce a Y2K compliance strategy, which includes
recommendations and limited revisions on critical PC's and PC based software.
SCOPE OF SERVICES
We will prepare a plan to inventory and assess critical PC's and software. We will aid in assessing the
compliance of each inventory item by attempting to contact the product manufacturer or by use of the
GMT Check 20GO-software tool. Compliance recommendations for each inventoried item will be provided.
Where possible, revisions will be made to the computer internal clock or computer operating system, if the
product n1aI1ufacturer provides for the corrections and if the corrections do not involve software
programming or physical computer hardware repair. Revisions that will be employed include; changing
date format options, BIOS chip upgrades or minor software patches. Finally, a cOmpliance strategy will be
produced for inventoried items that are not fixed as a part of this engagement. Further corrections, not
included as a part of this engagement, may require checking all date sensitive data, replacing older systems
with the latest technology or hiring specialists to resolve the known problems.
We will review critical IBM compatible personal computers (PC's) using the GMT Check 2000 software,
publicly endorsed and recommended by Microsoft Corporation. We will install the GMT Check 2000
software on each compatible and inventoried computer, networked or stand-alone. The GMT Check 2000
software is represented by GMT to produce the following information:
(
· Check hardware to determine whether the PC will successfully rollover from 1999 to 2000.
· Identify operating systems and date dependency issues.
· Identify off the shelf software programs and versions and compare them to the GMT Check 2000
database for detecting Y2K date discrepancies.
· Identify date sensitive items in databases and spreadsheets.
· Identify CPU type, number of drives, hard disk size and free space.
· Produce advice concerning identified date sensitive items.
· Collate all data into a common database to produce management reports.
The GMT Check 2000 software can be used through and beyond December 31, 1999. Product support and
upgrades are presently available from GMT, the manufacturer.
Our responsibility to this engagement will cease after all inventoried PC's and software have a completed
recommendation or compliance strategy.
EXCLUSIONS:
We will not test any systems that are related to the dispatch center for the Police department. Furthermore,
we will not test any systems that are related to the Water and Wastewater departments' telemetry system.
YOUR RESPONSffiILITIES
THE CITY OF MERIDIAN will be responsible in devising the inventory technology list, prioritizing the
list and developing a compliance strategy for each item. Furthermore, THE CITY OF MERIDIAN will be
responsible in devising an inventory list that encompasses all other date sensitive teclmology not addressed
in this engagement.
THE CITY OF MERIDIAN will need to allow 30 to 40 minutes of down time per PC for installing and
running the GMT Check 2000 software.
THE CITY OF MERIDIAN will be solely responsible for approving all inventory lists for completeness,
all prioritizing, and all compliance strategies. Furthermore, THE CITY OF MERIDIAN will be responsible
for all continued testing and upgrading.
PROFESSIONAL FEES
The estimated consulting fee for this engagement will be $ 5,800. In addition the GMT check 2000
software is $55 per PC. We estimate that the approximately 55 PC's will need to be tested.
Our invoices for these fees will be rendered at the completion of each phase and are payable on presentation.
This fee is based on anticipated cooperation from your personnel and the assmnption that llilexpected
circumstances will not be encolliltered during this engagement. If any increase in fee is necessaIY due to
lUlexpected circumstances, the reasons for the fee increase will be discussed with you in advance.
WARRANTIES AND LIMITATIONS
Warranties for the computer software products installed as a result of this engagement are provided solely
by the manufacturer of the products. We offer no warranties, expressed or implied, regarding the
fimctionality or capabilities of the software product.
We offer no warranties, expressed or implied, concerning the ability of any hardware or software product,
modified as a result of this engagement, to successfully proceed into the year 2000. OUf sole responsibility
is to provide the planning and assessment services described in this agreement. In no event will we be liable
for damages in excess of the amount you pay us under this engagement.
Consideration should be taken with the following Y2K related problems not addressed in this engagement:
· Inventory list of all date sensitive equipment except for the PC's and PC software that is
included in this engagement.
· Contingency planning for failed systems.
· Contingency planning for failed utilities; power, water and sewer.
· Con1pliance testing of critical systems and critical data files.
· .Retrieval of information stored in a 20th century-only format.
· Replacement of outdated systems.
Y2K services not included in this engagement will require a separate contract and billing from this
engagement.
CLOSING
We appreciate the opportlUlity to serve you. If the foregoing is in accordance with your lUlder stan cling ,
please sign the copy of this letter and return the signed letter to us.
Sincerely,
~VX~
Steve Konkol
THE CITY OF NIERIDIAN
June 7~ 1999
RESPONSE:
This letter correctly sets forth the understanding of THE CITY OF rvrnRIDIAN
Signature:
Title:
/l1~r
~j;f
Date:
Approved by City Council 7-6-99
Attested by:
J~~~l'r'
William G. Berg, Jr. - City Clerk
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ATTACHMENT
June 21,1999
Dear Mayor Corrie:
The City Attorney has brought concerns about our limit of liability listed in the "WARRANTIES AND
LIMITATIONS" section of the Y2K engagement letter. The limitation reads as follows, "In no event
will we be liable for damages in excess of the amount you pay us under this engagement"
We are specifically limiting our liability in this engagement because addressing the century change is
unique. Ultimately, nobody knows exactly how the century change will effect electronic equipment.
Thus, manufacturers and consumers must provide due diligence in addressing the Y2K problems to the
best of their abilities. We are limiting our liability because we cannot certify The City's equipment since
we do not know all of the issues that could result from the century change. We are only testing IBM
compatible PC's using the GMT Check 2000 software tool. The City must decide on it's own the level of
confidence it has in any compliance statement or any tests that are performed.
Sincerely,
~~~
Steve Konkol
RESOLUTION NO. 21-/
BY: Clz4 f-I/e ;( t/t{ i1 free-
Ci lr Ct9u, /L cd #Lei I'V
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE
6n DAY OF JuL!1 ,1999, BY AND BETWEEN THE CITY OF
MERIDIAN AND STEINER DEVELOPMENT, LLC, A LIMITED LIABILITY
COMPANY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interest of the City of Meridian to enter into an
agreement with STEINER DEVELOPMENT, LLC, a Liluited Liability Company,
denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which are as
, set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and ClerIc are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with STEINER DEVELOPMENT,
LLC, A LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT
AGREEMENT" dated the b ~ day of J J :J ' 1999, by and between the
City of Meridian and Steiner Development, LLC, a Limited Liability Company, a
copy of which is attached hereto Inarl(ed as Exhibit "A" to this Resolution and to
bind this City to its terms and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN - 1
FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER
INTO A DEVELOPMENT AGREEMENT WITH STEINER DEVELOPMENT, LLC
(
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (; ~
day of d'u..Lcj ,1999.
v
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
b t:6 day of J cd.~ , 1999.
{/
ATTEST:
msgJZ:\ W ork\M\Meridian 15360M\Dakota Plat\Resolution
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN - 2
FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER
INTO A DEVELOPMENT AGREEMENT WITH STEINER DEVELOPMENT, LLC
CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerl( of this City, I am the custodian of its records and
minutes and do hereby certify that on the 6 'fA. day of
~~ ' 1 999, the following action has been taken and
author ed:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE Gfi-
DAY OF Jt.d~ ' 1999, BY AND BETWEEN THE CITY OF MERlDIAN
AND STEINE~ EVELOPMENT, LLC, A LIMITED LIABILITY COMPANY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERlDIAN, IDAHO:
WHEREAS, it is in the best interest of the City of Meridian to enter into an
agreement with STEINER DEVELOPMENT, LLC, a Limited Liability Company,
denoted as tLDEVELOPMENT AGREEMENTn, a copy of which is attached hereto
marked as Exhibit "An to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerl( are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with STEINER DEVELOPMENT,
LLC, A LIMITED LIABILITY COMPANY, entitled tLDEVELOPMENT
CER TIFI CA TE OF CLERl( 0 F THE CITY OF MERlD IAN - 1
AGREEMENT" dated the 6 i!:- day of ~~ ' 1999, by and between the
City of Meridian and Steiner Development, LLC, Limited Liability Company, a
copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution and to
bind this City to its terlTIS and conditions.
,\\,,""1...";1;
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.Jo' ~"' ~~ '}l
f~~(j~~ ~~\ ~~'!:1(~~
f SEAL ~ WILLIAM G. BERG, JR.
\ 1l!~ #. 1 CITY CLERK
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STATE OF IDAl:!C1, (V'f- ",~
1-,,/\ ' ",,,,
. "I/';IIUH \-t~~'\'\
County of Ada, )
On this ~ day of , in the year 1999, before me, I1n a I 0
J1 m5 c., a Notary Public, appeared WILLIAM ~
JR., lenown or identified to me to be the City Clerl( of the City of Meridian, Idaho
that executed the said instrument, and aclenowledged to me that he executed the
same on behalf of the City of Meridian.
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CL.J~
NotaJ Public for Idaho
Commission Expires: J c!11'dDDd-
CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF JOHN )
BEAGLEY] FOR A CONDITIONAL )
USE PERMIT FOR )
CONSTRUCTION AND )
DEVELOPMENT OF A )
SPECIALTY RETAIL MUSIC )
STORE (TREASURE VALLEY )
MUSIC)] 2400 E. OVERLAND )
ROAD] MERIDIAN] IDAHO )
Case No. CUP-99-0 11
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 the 1st day of June] 1999] and Shari Stiles] Pla11ning and Zoning
Administrator] having appeared and testified] and no one appeared in opposition of the
application] and the City Council having received the staff report and the record n1ade
before the Planning and Zoning COlumission] and being fully advised in the premises] the
Coul1cil finds and concludes as follows:
FINDINGS OF FACT
1. A 110tice of a public hearing on the conditional use permit was published
for two (2) consecutive weel(s prior to the said public hearing scheduled for June I]
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 1
1999, before the City Council, the first publication appearing and written notice having
been luailed to property 0W11ers or purchasers of record within three hU11dred (300')
feet of the external boundaries of the property under consideration more than fifteen
(15) days prior to said hearing and with the 110tice of public hearings having been
posted upon the property under consideration more than one weelc before said hearing
and the copies of all notices were luade available to newspaper, radio and television
stations as public service announceme11ts; and the Inatter having been duly considered
by the City Council at the June 1, 1999, said public hearing; and the Applicant,
affected property ovvners, and government subdivisions providing services withi11 the
pla11ni11g jurisdiction of the City of Meridian, having been given full opportunity to
express COffiluents and SUbluit evidel1ce.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code S~67-6509 and 67-6512; and sSI1-2-416E and 11-2-418E as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publicatio11 and Proof of
Posting filed with the staff report.
3. The property is located at 2400 E. Overland Road, Meridian, Idaho.
4. The ovvner of record of the subject property is Curtis D. and IGm PecIc of
2400 E. Overland Road, Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 2
5. Applicant is John and Joe Beagley of 350 N. Milwaul(ee No.1026, Boise
Idaho.
6. The subject property is currently zoned General Retail and Service
COlnmercial (C-G). The zoning district of General Retail and Service COlnmercial (C-
G) is defined within the City of Meridian Zoning and Development Ordinance,
Sectio11 11-2-408(11).
7. The proposed applicatiol1 requests a conditional use permit for
construction and developlne11t of a Specialty Retail Music Store (Treasure Valley
Music). The Ge11eral Retail and Service Commercial (C-G) zoning designation within
the City of Meridian Zoning and Developlnent Ordinance ordinarily does not require a
conditional use permit be obtained for the proposed use. This property is designated in
the Meridian COlnprehe11sive Plan as Mixed/Planned Unit Development, as such, a
Conditional Use Perluit is required for the proposed use. (Meridian City Zoning and
Development Ordinance, Section 11-2-409B).)
8. As this property is designated Mixed Use/Planned Unit Development, the
use proposed within the subject application will in fact, constitute a conditional use as
detennined by City policy.
9. The Meridian City Council tal(es judicial notice of its Zoning,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 3
Subdivision and Development Ordinances codified at Title 11] Municipal Code of the
City of Meridian and all current zoning luaps thereof and the COluprehensive Plan of
the City of Meridian] adopted Deceluber 21] 1993] Ord. No. 629-Jan. 4] 1994 and
Maps and the Ordinance establishing the Ilupact Area Boul1dary.
10. Giving due consideratio11 to the Calument received from the
governluental 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 developlnent 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 Planning and Zoning Adluinistrator and Assistant City Engineer
Recoluluendations as follows:
10.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project] shall be tiled per City Ordinance 11-9-
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district] or lateral users association, with written
confinnatiol1 of said approval submitted to the Public W orl(s
Departluent. No variances have been requested for tiling of any
ditches crossing this project.
10.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 4
(
City Ordinance Section 5-7 -517 . Wells may be used for n011-
domestic purposes such as landscape irrigation.
10.3 Off-street parldng shall be provided in accordance with Section 11-
2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
10.4 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4and Il-2-414.D.5 of the City of
Meridian Zoning and Development Ordi11ance a11d in accordance
with Americans with Disabilities Act (ADA) requirelnents.
10.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage
shall be contained al1d disposed of on-site.
10.6 Outside lighting shall be designed and placed so as not to direct
illumination 011 any nearby residential areas and in accordance
with City Ordinance Section 1I-2-14.D.3.
10.7 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be perlnitted.
10.8 Applicants shall provide five-foot-wide sidewallcs in accordance
with City Ordinance Section 11-9-606.B.
10.9 All construction shall cOnfOrlTI to the requirements of the
Americans with Disabilities Act.
10.10 Developlnel1t shall be conducted under Planned Unit
Development procedures and as conditional uses... (Meridia11
Comprehensive Plan Policy 5.10, page 28).
10.11 Applica11t shall provide a revised site plan detailing all existing and
proposed utilities for review by the Meridian Public W orl(s
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 5
Department. Designer shall coordinate sizing and routing of
sanitary sewer and water within the development with the Public
Works Department.
10.12 Applicant shall provide the Public W orl<.8 Department with
infoDnation on anticipated fire flow and domestic water
requirements for the proposed site. Flow and pressure from the
existing mains shall be monitored with the Meridian Water
Department to determine whether adequate fire protection exists.
10.13 Applicant shall be required to enter into an Assessment Agreement
with the City of Meridian. In addition to these assessments, "Late
COIners" fees may also be charged against this parcel to help
reimburse the parties responsible for installing mains. Applicant
may participate in the cost of the sewer trunlc line extension at
time of its construction.
10.14 Applicant shall provide a calculation of total asphalt area.
10.15 Trees in addition to the required three-inch caliper trees must be
provided. Applicant shall provide a detailed landscape plan,
including berming details, for review and approval. A lninimum
35' landscape setbaclc shall be maintained beyond the rights-of-way
on 1-84 and Overland Road. Spruces along Overland Road shall be
changed to deciduous trees.
10.16 Lighting plans shall be reviewed by the City of Meridian to e11sure
adjacent residential properties and the traveling public is not
impacted by glare.
10.17 Detailed signage plans shall be sublnitted for review and approval.
10.18 Applicant shall coordinate location and construction requirements
for trash enclosure with Sanitary Services, Inc., and provide a letter
of approval from their office prior to applying for building permits.
10.19 Handicapped accessible parl<ing spaces shall be provided in
accordance with the Americans with Disabilities Act. All building
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 6
and parl<.ing lot construction shall meet the requirements of the
Americans with Disabilities Act.
10.20 Drainage swales shall not be within the landscape setbacl<. along 1-
84.
10.21 No City water shall be used for landscape irrigation.
10.22 No applications for building permits shall be accepted until such
time as sewer, water and fire protection is available to the site.
10.23 A development agreement was required as a condition of the
original an11exatio11. The development agreement shall include
landscape setbacl<. requirements, requirements for Inaintenance of
areas shown as "to remain in natural state" on plans, any signage
restrictions, visual appearance issues, construction of utilities, etc.
Adopt the Meridian Fire Department's Recolnmendations as follows:
10.24 Applicants shall satisfy all fire code requirements.
Adopt the City of Meridian Water Dept. recommendations as follows:
10.25 The 12" water main must be extended to connect with City water.
Adopt the Central District Health Departlnent's Recommendations as follows:
10.26 The Applicant's cel1tral sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
10.27 Run-off is 110t to create a mosquito breeding problem.
10.28 Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 7
10.29 The Engineers al1d architects involved with the design of the
subject project shall obtail1 current best managelllent practices for
stormwater disposal and design a stormwater management system
that prevents groundwater and surface water degradation.
Adopt the Nampa & Meridian Irrigation District Recommendations as follows:
10.30 Requires all laterals and wasteways be protected.
10.31 All municipal surface drainage shall be retained on site. If any
surface drainage leaves the site, the Narnpa & Meridian Irrigation
District must review drainage plans.
10.32 The developer lllUSt comply with Idaho Code S 31-3805.
Adopt the Sanitary Services Company Recommendations as follows:
10.33 Trash cans must be set out at the edge of the parldng lot by 5:00
a.lll. on collection day.
10.34 That a container enclosure be located at either the east end of the
parking lot or at the west end of the parldng lot in the driveway
area. Enclosures must be COl1structed such that manner that the
door(s) of the enclosure swings open, locks in position, and a front-
loading trucl( can access the dumpster, to allow for the greatest
flexibility in container sizes and service choices.
11. To maintain compliance with the Comprehensive Plan, the project
should be designed, constructed, operated and maintained to be hanllonious and
appropriate il1 appearance with the existing and intended character of the general
vicil1ity and that such intended conditional use will not change the essential character
of the requests.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 8
CONCLUSIONS OF LAW
1. The City Council adopts as its C011clusions of Law the Recommendations
10.1 through 10.35 of the Recommendations to City Council made in the above
entitled matter by the Planning and Zoning Commission which are incorporated herein
by reference as if set forth at length.
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 867-6503).
3. The Meridian Planning and Zoning COlnmissio11 may exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances
by the establishment of a Pla11ning and Zoning COlnmission 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 Title XI, Chapter I, MU11icipal Code of the City of Meridian.
4. As part of a zoning ordinance the City Council can, subject to hearing
and notice provisio11 required, provide for the process of special and/or conditional use
perlnits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with c011ditions under the specific provisions of the ordinance which the City
of Meridian has d011e in the adoption of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 9
5. The City Council has the duty and responsibility to review the facts and
circumstances of each application for conditional use permit to determine prior to
gra11ting the same that the evidential showing supports the finding that the following
standards are met a11d that the proposed development:
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as deterlnined 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 existi11g 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
econolnic welfare of the cOlnmunity;
g. Will not involve uses, activities, processes, materials, equipment
and conditions of operatio11 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 10
h. Will have vehicular approaches to the property which shall be so
designed as not to create an i11terference with traffic on
surrounding public streets; and
1. Will not result in the destruction, loss or damage of a natural or
scenic feature of Inajor importance.
6. Prior to granting a conditional use permit in a Light Industrial District (1-
L), 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 COI1sideration for the conditional use permit all
in accordance with the provisions of Section 11-2-418E City of Meridian Zoning and
Developme11t Ordinance, which provides as follows:
"Prior to approving a Conditional Use Pennit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Section' 11-2-416, Zoning Amendment Procedures, of this Ordil1ance. Provided,
however, that Conditional Use applications for land in Old Town and in
Industrial and COInmercial 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 Comlnission 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."
7 . 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
CornmissioI1 shall ensure that any approval or approval with conditions of an
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 11
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2-
418(f), City of Meridian Zoning and Developluent Ordinance.)
8. WDen the City Council approves a conditional use pennit it may ilnpose
conditions of that approval that reasonably:
8.1 Minimize adverse impact 011 other development;
8.2 Control the sequence and tinling of development;
8.3 COlltrol the duration of development;
8.4 Assure that the development is maintained property;
8.5 Designate the exact location and nature of the development;
8.6 Require the provision for on-site public facilities or services; and
8.7 Require more restrictive standards than those generally required, in
this Ordinance.
9. The City of Meridian has, by ordinance, established the Ilnpact Area and
the COlnprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 12
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
1. That the above nalned applicant is granted a conditional use pennit to
use the property for the construction and development of a Specialty Retail Music
Store (Treasure Valley Music), subject to the following conditions of use and
development:
1.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-605.M.
Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public W orl<.5 Department. No variances have
beel1 requested for tiling of any ditches crossing this project.
1.2 Any existing dOlnestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 5-7 -517 . Wells may be used for non-dolnestic purposes such as
landscape irrigation.
1.3 Off-street parldng shall be provided in accordance with Section 11-2-414
of the City of Meridian Z011ing and Development Ordinance and/or as
detailed in site-specific requirelnents.
1.4 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.0.4 and 11-2-414.0.5 of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirelnents.
1.5 A drainage plan designed by a State of Idaho licensed architect or
engi11eer is required and shall be submitted to the City Engineer (Ord.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 13
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
1.6 Outside lighting shall be designed and placed so as not to direct
illulnination on any nearby residential areas and in accordance with City
Ordil1ance Section l1-2-14.D.3.
1.7 All signage shall be in accordal1ce with the stal1dards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance.
No temporary signage or flashing signs will be permitted.
1.8 Applicants shall provide five-foot-wide sidewall<.s in accordance with City
Ordinance Section 1I-9-606.B.
I. 9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
1.10 Development shall be conducted under Planned Unit Development
procedures and as conditional uses... (Meridian Comprehensive Plan
Policy 5.10, page 28).
1.11 Applicant shall provide a revised site plan detailing all existing and
proposed utilities for review by the Meridian Public W orl<.5 Departme11t.
Designer shall coordinate sizing and routing of sanitary sewer and water
within the developlnent with the Public W orles Department.
1.12 Applical1t shall provide the Public Works Department with information
011 anticipated fire flow and domestic water requirements for the proposed
site. Flow and pressure from the existing mains shall be monitored with
the Meridian Water Department to deterlnine whether adequate fire
protection exists.
1.13 Applicant shall be required to enter into an Assessment Agreement with
the City of Meridia11. In addition to these assessments, "Late Corners"
fees may also be charged against this parcel to help reimburse the parties
responsible for installing mains. Applicant may participate in the cost of
the sewer trunIe line extension at time of its construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 14
1.14 Applicant shall provide a calculation of total asphalt area:
1.15 Trees in addition to the required three-inch caliper trees must be
provided. Applicant shall provide a detailed landscape plan, including
berming details, for review and approval. A minimum 35' landscape
setbacl< shall be mai11tained beyond the rights-of-way on 1-84 and
Overland Road. Spruces along Overland Road shall be changed to
deciduous trees.
1.16 Lighting plans shall be reviewed by the City of Meridian to ensure
adjacent residential properties and the traveling public is not impacted by
glare.
1.17 Detailed signage plans shall be submitted for review and approval.
1.18 Applicant shall coordinate location and construction requireme11ts for
trash enclosure with Sanitary Services, Inc., and provide a letter of
approval froIn their office prior to applying for building permits.
1.1 9 Handicapped accessible parldng spaces shall be provided in accordance
with the Alnericans with Disabilities Act. All building and parldng lot
construction shall meet the requirements of the Americans with
Disabilities Act.
1.20 Drainage swales shall not be within the landscape setbacl< along 1-84.
1.21 No City water shall be used for landscape irrigation.
1.22 No applicatio11s for building perlnits shall be accepted until such time as
sewer, water and fire protection is available to the site.
1.23 A developInent agreelnent was required as a condition of the original
annexation. The developlnent agreement shall include landscape setbacl(
requirements, requirements for maintenance of areas shown as "to remain
in natural state" on plans, any signage restrictions, visual appearance
issues, construction of utilities, etc.
1.24 Applicants shall satisfy all fire code requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - IS
1.25 The 12" water main must be extended to connect with City water.
1.26 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.
1.27 Run-off is not to create a mosquito breeding probleln.
1.28 StorlTIWater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.29 The Engineers and architects involved with the desigIl of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management systelTI that prevents
groundwater and surface water degradation.
1.30 Requires all laterals and wasteways be protected.
1.31 All municipal surface drainage shall be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigatioll District 111USt
review drainage plans.
1.32 The developer must comply with Idaho Code 8 31-3805.
1.33 Trash cans lTIUSt be set out at the edge of the parldng lot by 5:00 a.m. on
collection day.
1.34 That a container enclosure be located at either the east end of the parking
lot or at the west end of the parldng lot in the driveway area. Enclosures
must be constructed such that Inanner that the door( s) of the enclosure
swings open, locl(s in position, and a front-loading trucl( can access the
dUlnpster, to allow for the greatest flexibility in contailler sizes and service
choices.
2. The COllditions shall be reviewable by the Council pursuant to Section 1-
2-418 (IC) of the City of Meridian Planning and Zoning Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 16
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 Granti11g Conditional Use Perluit
In accorda11ce \Vith this Decision, which shall be signed by the Mayor and City Clerl(
and the11 a copy served by the Cleric upon the applicant, the Planning and Zoning
Department, the Public W orl(s Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 17
NOTICE OF FINAL ACTION
Please tal<e notice that this is a final action of the governing body of the City
of Meridian, pursua11t to Idaho Code s 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use perlnit lnay within twenty-eight (28) days after the
date of this decision and order seel< a judicial review as provided by Chapter 52, Title
67, Idaho Code.
By actio11 of the City Council at its regular Ineeting held June 1, 1999.
ROLL CALL:
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BENTLEY
VOTED~
COUNCILMAN BIRD
VOTED~
COUNCILMAN ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAl<ER)
DATED: 6-/5=-99
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 18
MOTION:
APP ROVE DI&J
DISAPPROVED:
Copy served Up011 Applicant, the Planni11g and Z011ing Department and the Public
W orl,s Department.
By:
1-15-9r
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 19
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
CONDITIONAL USE PERMIT FOR )
CONSTRUCTION AND DEVELOPMENT OF )
A SPECIALTY RETAIL MUSIC STORE )
(TREASURE VALLEY MUSIC) BY JOHN )
BEAGLEY, 2400 E. OVERLAND ROAD, )
MERIDIAN, IDAHO )
)
CUP-99-011
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
This matter coming before the City Council on the 15th day of June, 1999, for
final action on conditional use permit application and the Council having received and
approving the recommendation of the Planning and Zoning Commission the Council
takes the following action:
1. That the applicant, John and Joe Beagley, and Curtis D. and Kim Peck, owners of
the property are granted a conditional use permit for the construction and development
of a Speciality Retail Music Store (Treasure Valley Music), as described in the Site Plan
as Plan bearing DATE 3/30/99, DRAWN BY: KDC, JOB NO. 99-13, KAREN
CRANDLEMIRE, DESIGN, as conditionally approved by order of the City Council on
the 15th day of June, 1999, for the development of the aforementioned projects and
which property is described hereinbelow to-wit:
A parcel of land located in the Southeast 1/4 of the Southwest 1/4 of Section 17 in
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being
more particularly described as follows:
Beginning at the quarter corner in South side of Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho (centerline of Overland Road)
thence;
North 0 degrees 11' East 1227.7 feet; to the Southerly side of the right of way
boundary of interstate 84N; thence;
South 79 degree.s 49' West along said Southerly side 435.19 feet; thence
South 25 degrees 41' East 125.75 feet; thence
South 15 degrees 26' East 179.69 feet; thence
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY
(TREASURE VALLEY MUSIC) - 1
South 24 degrees 361 East 337.77 feet; thence
South 55 degrees 301 East 100.8 feet; thence
South 0 degrees 111 West 500 feet; thence
East 100 feet to THE TRUE POINT OF BEGINNING.
2. This permit is subject to the following terms and conditions:
That the above named applicant is granted a conditional use permit to use the
property for the construction and development of a Speciality Retail Music Store
(Treasure Valley Music), subject to the following conditions of use and
development:
2.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need
to be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling of
any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section
5-7-517. Wells may be used for non-domestic purposes such as landscape
irrigation.
2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.0.4 and 11-2-414.0.5 of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557,10-1-91)
for all off-street parking areas. All site drainage shall be 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 11-2-14.0.3.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY
(TREASURE VALLEY MUSIC) - 2
2
2.7 All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs will be permitted.
2.8 Applicants shall provide five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.8.
2.9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.10 Development shall be conducted under Planned Unit Development
procedures and as conditional uses...(Meridian Comprehensive Plan Policy
5.10, page 28).
2.11 Applicant shall provide a revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works Department. Designer shall
coordinate sizing and routing of sanitary sewer and water within the
development with the Public Works Department.
2.12 Applicant shall provide the Public Works Department with information on
anticipated fire flow and domestic water requirements for the proposed site.
Flow and pressure from the existing mains shall be monitored with the
Meridian Water Department to determine whether adequate fire protection
exists.
2.13 Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian. In addition to these assessments, "Late Comers" fees may
also be charged against this parcel to help reimburse the parties
responsible for installing mains. Applicant may participate in the cost of the
sewer trunk line extension at time of its construction.
2.14 Applicant shall provide a calculation of total asphalt area.
2.15 Trees in addition to the required three-inch caliper trees must be provided.
Applicant shall provide a detailed landscape plan, including berming details,
for review and approval. A minimum 35' landscape setback shall be
maintained beyond the rights-of-way on 1-84 and Overland Road. Spruces
along Overland Road shall be changed to deciduous trees.
2.16 Lighting plans shall be reviewed by the City of Meridian to ensure adjacent
residential properties and the traveling public is not impacted by glare.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY
(TREASURE VALLEY MUSIC) - 3
3
2.17 Detailed signage plans shall be submitted for review and approval.
2.18 Applicant shall coordinate location and construction requirements for trash
enclosure with Sanitary Services, Inc., and provide a letter of approval from
their office prior to applying for building permits.
2.19 Handicapped accessible parking spaces shall be provided in accordance
with the Americans with Disabilities Act. All building and parking lot
construction shall meet the requirements of the Americans with Disabilities
Act.
2.20 Drainage swales shall not be within the landscape setback along 1-84.
2.21 No City water shall be used for landscape irrigation.
2.22 No applications for building permits shall be accepted until such time as
sewer, water and fire protection is available to the site.
2.23 A development agreement was required as a condition of the original
annexation. The development agreement shall include landscape setback
requirements, requirements for maintenance of areas shown as "to remain
in natural state" on plans, any signage restrictions, visual appearance
issues, construction of utilities, etc.
2.24 Applicants shall satisfy all fire code requirements.
2.25 The 12" water main must be extended to connect with City water.
2.26 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.
2.27 Run-off is not to create a mosquito breeding problem.
2.28 Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
2.29 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.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY
(TREASURE VALLEY MUSIC) - 4
4
2.30 Requires all laterals and wasteways be protected.
2.31 All municipal surface drainage shall be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans.
2.32 The developer must comply with Idaho Code 9 31-3805.
2.33 Trash cans must be set out at the edge of the parking lot by 5:00 a.m. on
collection day.
2.34 That a container enclosure be located at either the east end of the parking
lot or at the west end of the parking lot in the driveway area. Enclosures
must be constructed such that manner that the door(s) of the enclosure
swings open, locks in position, and a front-loading truck can access the
dumpster, to allow for the greatest flexibility in container sizes and service
choices.
3. The conditions shall be reviewable by the Council pursuant to Section 1-2-418(K) of
the City of Meridian Planning and Zoning Ordinance.
4. 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.
5. This order shall be automatically amended for the description of said parcel at
such time as the approval and recording of the final plat of Meridian Acres Subdivision.
6. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of 9 11-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
~~ b /'?,e
By action of the City Council at its regular meeting held on <.IC/V~ _,
1999.
RT D. CORRIE
ayor, City of Meridian
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY
(TREASURE VALLEY MUSIC) - 5
5
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
Dated:
6-IS-o/9
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY
(TREASURE VALLEY MUSIC) - 6
6
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF WES
WORCESTER, dba SANTEE
CONSTRUCTION, FORA
CONDITIONAL USE PERMIT
FOR CONSTRUCTION AND
DEVELOPMENT OF MULTIPLE
BUILDINGS ON A SINGLE LOT,
SOUTH OF E. PINE ST. & WEST
OF N. RALSTIN ST, MERIDIAN,
IDAHO
Case No. CUP-99-010
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT SUBJECT TO
CONDITIONS
The above e11titled conditio11al use permit application having come before the City
COU11Cil on the 1st day of June, 1999, a11d Shari Stiles, Planning and Zoning
Adlninistrator, having appeared a11d testified, a11d no 011e appeared in opposition of the
application, and the City Council having received the staff report and the record made
before the Pla11ni11g and Zoning Commission, and being fully advised in the premises, the
Council fi11ds and concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - I
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use pennit was published
for two (2) consecutive weel(s prior to the said public hearing scheduled for June 1,
1999, 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
(IS) days prior to said hearing and with the notice of public hearings having been
posted upon the property under consideration lTIOre than one weel( before said hearing
and the copies of all notices were Inade available to newspaper, radio and television
stations as public seIVice announcements; and the Inatter having been duly considered
by the City Council at the June 1, 1999, said public hearing; and the Applicant,
affected property owners, and goverrunent subdivisions providing seIVices within the
planning jurisdiction of the City of Meridian, having been given full opportunity to
express comlnents and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code SS67-6509 and 67-6512; and ssI1-2-416E and 11-2-418E as
evidenced by the Mfidavit of Mailing, al1d 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
WES WORCESTER, dba SANTEE CONSTRUCTION - 2
3. The property is located at N. Ralston Street in Railside Parle, Meridian,
Idaho.
4. The owner of record of the subject property is Railside Developlnent Inc.
of PO Box 5405, 4414 S. Gelder Lane, Boise, Idaho.
5. Applicant is W es Worcester dba Sa11tee Construction of 10065
Westview, Boise Idaho.
6. The subject property is currently zoned Light Industrial (I-L). The
zoning district of Light Industrial (I-L) is defined vvithin the City of Meridian Zoning
and Development Ordinance, Section 11-2-408(14).
7. The proposed application requests a c011ditional use pennit for
construction and development of multiple buildings on a single lot. The Light
Industrial (I-L) zoning designation within the City of Meridian Zoning and
Developme11t Ordinance requires that the proposed use be treated as a planned unit
developlne11t. Meridian City Zoning and Development Ordinance Section 11-2-409(B)
requires a conditional use permit be obtained for the proposed use.
8. The use proposed vvithin the subject application vvill in fact, constitute a
conditional use as determined by City Policy.
9. The Meridian City Council talees judicial notice of its Zoning,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SU.B]ECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 3
Subdivisiol1 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 Meridia11, adopted December 21, 1993, Ord. No. 629-Jal1. 4, 1994 and
Maps and the Ordinance establishing the Impact Area Boundary.
10. Giving due consideration to the comment received from the
governme11tal subdivisiollS providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed developluent will not
ilnpose expense Up011 the public if the following conditions of development are
ilnposed and the following is also found to be required to lnitigate the effects of the
proposed use and development upon services delivered by political subdivisions
providing services to the subject real property within the planning jurisdiction of the
City of Meridia11:
Adopt the Plannil1g and ZOl1i11g Adnlinistrator and Assistant City Engineer
RecOlnrnendations as follows:
10.1 Any existing irrigatiorvdrainage ditches crossing the property to be
included il1 this project, shall be tiled per City Ordil1ance 11-9-605.M.
Pla11s shall be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public W orl<.8 Departlnent. No variances have been
requested for tiling of any ditches crossing this project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 4
10.2 At1Y existing dOlnestic wells and/or septic systelns within this project shall
be relnoved froIn their domestic service per City Ordinance Section 5-7-
517 . Wells may be used for non-domestic purposes such as landscape
iI!igation.
10.3 Off-street parldng shall be provided in accordance with Section 11-2-414
of the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
10.4 Paving and striping shall be i11 accordance with the sta11dards set forth in
Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
10.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
10.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-2-14.D.3.
10.7 All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and DevelopInent Ordinance.
No temporary signage or flashing signs will be permitted.
10.8 Applicants shall provide five-foot-wide sidewall(s in accordance with City
Ordinance Section 11-9-606.B.
10.9 All construction shall conform to the requirements of the Atnericans with
Disabilities Act.
10.10 Applicant shall provide a revised site plan detailing all existing and
proposed utilities for review by the Meridian Public W orl(s Department.
Designer shall coordinate sizing and routing of sanitary sewer and water
within the development with the Public W orles Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 5
10.11 Applicant shall provide the Public W orl(s Departmel1t with infoffilation
011 anticipated fire flow and dOlnestic water requirelnents for the proposed
site. Flow and pressure from the existing Inains shall be monitored 'With
the Meridian Water Department to detennine whether adequate fire
protection exists.
10.12 Applicant shall be required to enter into an Assessment Agreement 'With
the City of Meridian. In addition to these assessments, "Late Comers"
fees lnay also be charged against this parcel to help reimburse the parties
responsible for installing lTIains. Applicant may participate in the cost of
the sewer truIU( line extension at time of its construction.
10.13 An appropriate number of three-inch (3") caliper trees are shown on the
site plan. Landscape plan is not to be revised without prior written
approval of the Planning a11d Zoning Department.
10.14 Signage shall be limited to one low-profile monument type sign. Sign
shall be placed outside of sight triangle. Detailed signage plans will be
subject to design review.
10.15 Applicant shall coordinate the location and sizing requirements of the
trash enclosure with Sanitary Services, Inc. and obtain written approval of
the plans prior to applying for building pennits.
10.16 Application shall provide a letter of approval from Ada County Highway
District with sublnittal of site plan prior to issuance of Certificate of
Zoning Compliance.
10.1 7 All outdoor storage of equipment and materiallTIUst be enclosed with a
screening fence.
10.18 Handicap parldng, associated signage and building construction shall
meet the requirelTIents of the AInericans 'With Disabilities Act.
Adopt the Meridian Fire Department's Recomlnendations as follows:
10.19 Applicants shall satisfy all fire code requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 6
10.20 A fire hydrant shall be added unless it is determined by the Fire
Department there is not enough water for fire flow in which case the
applicant shall add a fire sprinlder system.
Adopt the Ada County Highway District's Recommendations as follows:
10.21 Driveways shall be located a mil1ilTIUm of 50-feet from any intersection,
as measured near edge of driveway to baclc of curb.
10.22 Driveways shall be a minimum of 30-feet vvide and a lnaximum of 40-feet
vvide, paved a minilnum of 30-feet beyond the back of sidewallc. Shared
driveways are encouraged.
10.23 Restrictions on the vvidth, number and locations of driveways, shall be
placed on future development of this parcel.
10.24 Direct lot or parcel access to Locust Grove Road and Pine Avenue is
prohibited.
11. To maintain compliance vvith the Comprehensive Plan, the project
should be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance vvith the existing and intended character of the general
vicinity and that such intended cOl1ditional use vvill not change the essential character
of the requests.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 7
CONCLUSIONS OF LAW
I. The City Council adopts as its Conclusions of Law the Recolnlnendations
10.1 through 10.24 of the Recommendations to City Council made in the above
entitled lTIatter by the Planl1ing and ZOl1ing COlnlnission which are incorporated herein
by reference as if set forth at length.
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convel1ience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
3. The Meridian Planning and Zoning COIUluission 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 COlTIlTIissiol1 by ordi11al1ce 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 Title XI, Chapter 1, Municipal Code of the City of Meridial1.
4. As part of a zoning ordil1ance the City Council can, subject to hearing
and notice provisiol1 required, provide for the process of special and/or conditional use
perlnits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with C011ditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 8
5. The City Council has the duty and responsibility to review the facts and
circumstances of each application for conditional use permit to detennine prior to
granting the sanle that the evidential showing supports the finding that the following
standards are met and that the proposed development:
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, i11 fact, constitute a conditional use as determined by City
policy;
b. Will be harmonious with and in accordance with the
COlnprehensive 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 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 establishluent 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
econolnic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 9
persons, property or the general welfare by reason of excessive
production of traffic, noise, smol(e, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on
surrounding public streets; and
1. Will not result in the destruction, loss or damage of a natural or
scenic feature of major ilnportance.
6. Prior to granting a conditional use permit in a Light Industrial District (1-
L), a public hearing shall be conducted with notice to be published al1d 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 pennit all
i11 accordance with the provisions of Section 11-2-418E City of Meridian Zoning and
Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
COlnmission and Council shall follow notice and hearing procedures provided in
Section 11-2-416, Zoning Alnendment Procedures, of this Ordinance. Provided,
however, that Conditional Use applications for land in Old Town and in
Industrial and Comn1ercial Districts shall only be required to have one public
hearing which shall be held before the Planning and Zoning Commission a11d
after the recomlnendation 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."
7 . Following the public hearing and within 45 days after the conclusion of
the public hearing the Conunission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recolmnend
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 10
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Z011i11g al1d Development Ordinance, and Idaho State law. (Section 11-2-
418(f), City of Meridian Zoning and Development Ordinance.)
8. When the City Council approves a conditional use pennit it may il11pose
conditions of that approval that reasonably:
8.1 Minimize adverse impact on other development;
8.2 Control the sequence and timing of development;
8.3 Control the duration of development;
8.4 Assure that the development is maintained property;
8.5 Designate the exact location and nature of the development;
8.6 Require the provision for on-site public facilities or services; and
8. 7 Require Inore restrictive standards than those generally required, in
this Ordi11ance.
9. The City of Meridian has, by ordina11ce, established the Ilnpact Area and
the COlnprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 11
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
a11d this does Order that:
I. That the above named applicant is granted a conditional use pennit to
use the property for the construction and development of an approximate 8,000 sq. ft.
conunerciaVgeneral building, subject to the following conditio11s of use and
development:
1.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-
605.M. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with written
confirluation of said approval submitted to the Public W orles
Department. No variances have been requested for tiling of any
ditches crossing this project.
1.2 Any existing domestic wells and/or septic systelns within this
project shall be removed from their domestic service per City
Ordinance Section 5-7 -517 . Wells may be used for non-domestic
purposes such as landscape irrigation.
1.3 Off-street parldng shall be provided in accordance with Section 11-
2-414 of the City of Meridian Zoning and Development Ordi11ance
and/or as detailed in site-specific requirements.
1.4 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 12
(
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
1.5 A drainage plan desigt1ed 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.
1.6 Outside lighti11g shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 1I-2-14.D.3.
1.7 All signage shall be it1 accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be pennitted.
1.8 Applicants shall provide five-foot-wide sidewall<s in accordance
with City Ordinance Section 1I-9-606.B.
1.9 All construction shall conform to the requiremel1ts of the
Americans with Disabilities Act.
1.10 Applicant shall provide a revised site plan detaili11g all existing and
proposed utilities for review by the Meridian Public Warks
Department. Desig:t1er shall coordinate sizing and routing of
sanitary sewer and water within the developlnent with the Public
W orl(s Department.
1.11 Applicant shall provide the Public W orl(s Department with
information on anticipated fire flow and domestic water
requirements for the proposed site. Flow and pressure from the
existing mains shall be monitored with the Meridian Water
Department to determine whether adequate fire protection exists.
1.12 Applicant shall be required to enter into an Assessment Agreement
with the City of Meridian. In addition to these assessments, "Late
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 13
C0111ers" fees 111ay also be charged against this parcel to help
reimburse the parties responsible for installing mains. Applicant
may participate in the cost of the sewer tronlc line extension at
tilne of its construction.
1.13 An appropriate number of three-inch (3") caliper trees are shown
on the site plan. Landscape plal1 is not to be revised without prior
written approval of the Plannil1g and Zoning Department.
1.14 Signage shall be lilnited to one low-profile lTIOnUment type sign.
Sign shall be placed outside of sight triangle. Detailed signage
plans will be subject to design review.
1.15 Applical1t shall coordinate the location and sizing requirements of
the trash enclosure with Sanitary Services, Inc. and obtain written
approval of the plans prior to applying for building permits.
1.16 Application shall provide a letter of approval frOlTI Ada County
Highway District with submittal of site plan prior to issuance of
Certificate of Zoning Compliance.
1.1 7 All outdoor storage of equipment and lnaterial must be enclosed
with a screening fence.
1.18 Handicap parking, associated signage and building constructiOl1
shall meet the requirelnents of the America11s with Disabilities Act.
1.19 Applica11ts shall satisfy all fire code requiremel1ts.
1.20 A fire hydrant shall be added unless it is detennined by the Fire
Departlnent there is not el10ugh water for fire flow in which case
the applicant shall add a fire sprinlder systeln.
1.21 Driveways shall be located a miniluum of 50-feet from any
intersection, as lueasured near edge of driveway to baclc of curb.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 14
1.22 Driveways shall be a minilTIUlTI of 30-feet wide and a maximUln of
40-feet wide, paved a lnilumum of 30-feet beyond the baclc of
sidewallc. Shared driveways are encouraged.
1.23 Restrictions 011 the width, number and locations of driveways, shall
be placed on future development of this parcel.
1.24 Direct lot or parcel access to Locust Grove Road and Pine Avenue
is prohibited.
2. The conditiol1s shall be reviewable by the COlnmission pursuant to
Section 1-2-418 (I() of the City of Meridian Planni11g and Zoning Ordinance.
3. The above conditions are concluded to be reasonable and the applicant
shalllneet such requirelnents as a condition of approval of the applicatio11 for a
cOl1ditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
In accordance with this Decision, which shall be signed by the Mayor and City ClerIc
and the11 a copy served by the ClerIc Up011 the applicant, the Pla1111i11g and Zonil1g
Department, the Public W orlcs Department and a11Y affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 15
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 8 67-6521 an affected person being a person
who has a11 interest in real property which Inay be adversely affected by the issuance
or denial of the conditio11al use permit lnay 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 June / ~1999.
ROLL CALL:
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BENTLEY
VOTED~
COUNCILMAN BIRD
VOTED~
COUNCILMAN ROUNTREE
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 16
MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED
DATED: 6-/~t(r
MOTION:
&d~
APPROVED~
DISAPPROVED:
Copy served Up011 Applicant, the Planning and Z011ing Department and the Public
W orl(s Department.
By.
City Clerl(
f-15~o/9
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WES WORCESTER, dba SANTEE CONSTRUCTION - 1 7
'."'.
(
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JULY 6, 1999- 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: K< RON ANDERSON K CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
X- MAYOR ROBERT CORRIE
CONSENT AGENDA
A. APPROVE MINUTES FROM PREVIOUS MEETING HELD JUNE 15,1999: 4-fprove
B. APPROVE MINUTES FROM PREVIOUS SPECIAL MEETING HELD JUNE 22,
1999: approv..e..
C. APPROVE BILLS: afPV~
D. WARRANTIES AND LIMITATIONS OF Y2K ENGAGEMENT LETTER BY
STEVE KONKOL: a/J;7Yf)v~
REGULAR AGENDA
1. DISCUSSION BY BILL GREGORY WITH SANITARY SERVICES REGARDING
8 CUBIC YARD DUMPSTER RATES AND FRONT LOAD COMPACTOR
RATES: ^,;:ficL- fin-- ;'rLo-Le.-f.t;Se! cI1J~/~eJ ~ JAL:! ZoA fk,"'3-"
2. TABLED 6/22/99: DEVELOPMENT AGREEMENT BY STEINER
DEVELOPMENT J:OR DAKOTA RIDGE ESTATES: a,?pr6Jv'~
;ZR S' e&dt ~ ,;- 2, f~
3. TABLED 6/15/99: DEVELOPMENT AGREEMENT BY ALICE CULVER AT 911
E. PINE: a.-PJ"'Yt9V~ ;a~""- -If 24Z-
4. TABLED 6/15/99: ANNEXATION AND ZONING ORDINANCE # 830
-- ALICE CULVER AT 911 E. PINE: appr&>V'.c-
5. TABLED 6/15/99: FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING
LOTS) BY TEALEY'S LAND SURVEYING-NORTH OF PINE & WEST OF
LOCUST GROVE RD: ~ ~'"t ~ gll::!..
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING FOR PROPOSED CHERRY LANE ESTATES BY
JEFFREY L. MANSHIP -- 4375 W. CHERRY LANE:
arr&>v./V ..f'/~ f cl--€'
7.
8.
9.
10.
11.
12.
13.
14.
(
15.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
REZONE OF.323 ACRES (FROM R-15 TO L-O) BY MATTHEW & DANITA
HARTZ-1990 N. MERIDIAN RD: ap-prQV"-e-
REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICEI RETAIL
BUILDING BY BRIAN CHAMPION-129 E. PINE STR~~T: .
acc.ept- /LL~d ~ - p1L--jJ~ II.? I' c /L.
REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE- THRU FOR
MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE RD:
In.Ep~ /1/2 f elL -to de-.,..,"':! ~ttfL.I"'f
APPEAL OF ZONING ADMINISTRATOR'S CONDITIONAL USE PERMIT
REQUIREMENT BY CINDY CHACE d/bla KIDS CLUB:
~~ {'7'~ ZP!b nr,7-
PUBLIC HEARING: REQUEST FOR VARIANCE FOR REINSTATEMENT OF
APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY R2
DEVELOPMENT, INC. - WEST END OF LANARK STREET:
frtLP~ ./IFI elL
PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 6.15
ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY
IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE &
FRA~;~ -{If ie/-€-
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
GROUP DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD D/B/A VO'S
DA YCARE-924 E. 4TH STREET:
("'Onrh hL<.L fo Jld:') 2~ 'k- ~~
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR DEE JAY
SUBDIVISION (14 BUILDING LOTS ON 15.04 ACRES) BY J-U-B ENGINEERS,
INC- EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER
LN: - J cd(J 20 I'!t- /h-~
PUBLIC HEARING: REQUEST FOR VARIANCE FROM 1,000 FOOT
MAXIMUM BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J-U-B
ENGINEERS, INC - EAST OF STRATFORD DR & NORTH & SOUTH OF
WATER TOWER LN: ~ Ju.R.,y 2012- ~tJ
PUBLIC HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO
R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR
TREMONT PLACE SUBDIVISION NO.2 BY LARRY & KAY HANSEN-
BROADWAY & 8TH STREET (951 W. PINE STREET): - Jv.e:; 201k.~
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT
PLACE SUBDIVISION NO.2 (ONE EXISTING, FOUR NEW BUILDING LOTS)
BY LARRY & KAY HANSEN-BROADWAY & 8TH STREET (951 W. PINE
STREET): -J~:; 2-P 'fJt-1f,...-?
16.
17.
18.
19.
20.
21.
22.
PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 27.86
ACRES (FROM RT & R-4 TO R-8) FOR PROPOSED WILKINS RANCH
SUBDIVISION BY STEINER DEVELOPMENT LLC-SQUTH OF USTICK &
WEST OF TEN MILE: ~ JvL~ lp 0 ~
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WILKINS
RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY STEINER
DEVELOPMENT LLC - SOUTH OF USTICK & WEST OF TEN MILE:
- J tdt~ 2p (l- /h f?-
FINAL PLAT FOR SHERBROOKE HOLLOWS NO.4 SUBDIVISION BY GEM
PARK II - EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY:
~ble UnJI> 1 J t-t-t~ 20 ~ /WI!f-
REQUEST FOR TIME EXTENSION ~OR FINAL PLAT FOR TEARE
COMMERCIAL SUBDIVISION BY ANDERSON-DAVID & ASSOCIATES, INC.:
ap p Jr-eJ v-.e ~ rL ~t:T--'-
ORDINANCE # 8 ;. ( : DOG RESTRICTION IN lULL Y PARK:
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25.
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DEPARTMENT REPORTS:
A. TOM KUNTZ:
1. APPROVAL TO SELECT CONSULTANT FOR PARKS AND
RECREATION COMPREHENSIVE PLAN: approv-<.--
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B.
GARY SMITH:
1. 1999 WATERLINE PROJECT, PHASE 1 BID AWARD:
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\
ORDINANCE NO.
t3J2
BY COUNCILMAN ;2oUh..7r.e.e.-
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, TO AMEND
REFERENCES TO THE IDAHO LOCAL LAND USE PLANNING ACT.
WHEREAS, the State Legislature did amend section 67 -6501 of the Idaho
Code to delete from the title of the Act the words Hof 1975", and that the Act states that
the title is the Local Land Use Planning Act
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section I: Where reference is made in the City Code of the City of
MERIDIAN to the "Local Land Use Planning Act of 1975", said reference is hereby
changed to read "Local Land Use Planning Act".
Section 2. All ordinances, resolutions, orders or parts thereof in conflict
herewith are repealed, rescinded and annulled.
PASSED BY THE CITY COUNCIL of the City of MERIDIAN this Gf:i. day of
JuL1"
, 1 999 .
ORDINAN"CE - 1
APPROVED BY THE MAYOR of the City of MERIDIAN this 6~ day of
Jtdq
C/
, 1 999.
.-J
A TrEST:
JI~~~~
City CIerI, .
ey(l:\ W ork\M\Meridlan 15360Nl\PlanningAct.Ord
ORDINANCE - 2
BEFORE THE MERlDlAL"J CITY COUNCIL
IN THE N1A TIER 0 F THE
APPLI CA TI 0 N 0 F JEFF
MAl'\ISHIP, THE APPLICATION
FOR ANNEXATION AND
ZONING OF 3.8 ACRES FOR
PROPOSED CHERRY LANE
ESTATES, MERIDIAN, IDAHO
)
)
)
)
)
)
)
)
Case No. AZ-l 00-98:01
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 June 15, 1999, at the hour of 7:00 o'clocl<. p.ll1., Shari Stiles,
Planning a11d Zoning Ad111inistrator, and the Applicant, Jeff Manship, having
appeared and testified and no one having testified in oppositioI1 and the City Council
having duly considered the evidence and the record in this n1atter therefore mal<.es
the follovving Findings of Fact and Conclllsions of Law, and Decision aI1d Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive vveeks prior to said public hearing
scheduled for JU11e 15, 1999, before the City Council, the first publication appearing
and vvritten 110tice having been mailed to property ovvners or purchasers of record
vvit11in three l1undred (300') feet of the external boundaries of the property ll11der
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER OF DENIAL / JEFF NIANSIP -
PROPOSED CHERRY LANE ESTATES
C011sideration more t11a11 fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one weel( before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service annOllnceme11ts; and the
matter having bee11 duly considered by the City COllncil at the June 15, 1999, 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 comlnents and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code SS 67-6509 and 67 -6511, and SS 11-2-416E 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
developlnent 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 111aps and the ordinance Establishing the Ilnpact Area Boundary.
4. The property which is the subject to the application for annexation a11d
zoning is described in the applicatio11, a11d by this referel1ce is incorporated herein as
if set forth in full. The property is approxi111ately 3.8 acres in size. The property is
located at 4375 West Cherry Lane, Meridia11, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER OF DENIAL / JEFF ivlANSIP -
PROI~OSED CHERRY LANE ESTATES
5. The Applicant, Jeff Manship, is the record owner of the subject
property.
6. The property is presently z011ed by Ada County as Rural Mediu111
Density Residential District (R-3), and contains one house.
7. The Applicant requests the property be zoned (R-2), Rural Low Density
Residential District .
8. There are two R-4 subdivisions to the north a11d southvvest of the
subject property. The proposed site is bordered to the west by vacant land also
designated R-4.
9. There are three small acreage ranchettes that lie to the east of the
proposed site. The proposed site of the subject property is vvithin one-half n1ile of
Albertsons, Fuller Ele111entary, and the Cherry Lane Golf Course.
10. The city limits of the City of Meridia11 are adjacent and abut on the
yvest of the subject property.
11. The property which is the subject of this application is vvithin the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included vvithin the Meridian Urban
Service Planning Area as the Urban Service Planni11g Area as defined in the Meridian
Comprehensive Plan.
13. The Applical1t proposes to develop the sllbject property i11 the follovvi11g
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER OF DENIAL / JEFF NIANSIP -
PROPOSED CHERRY LANE ESTATES
manner: Subdivide the proposed site and construct and develop single-family
residential lots of one acre i11 size or larger.
14. The Applicant's requested zoning of the subject property as Rural Low
Density Residential (R-2), is consistent with the designation on the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Existing Urban.
15. There are no major or scenic features of major importance that affect
the consideration of this application.
16. The City at this time cannot provide sewer utility service to the subject
property and the application does not propose to provide for the extensi011 of City
sewer utility service to the subject property and the subject property is not considered
desirable for annexation and developn1ent as proposed under such conditions.
1 7. The application is found not to be in conformance with the
COlnprehensive Plan of the City of Meridian in panicular with:
17.1 Goals of the Comprehensive Plan Goal numbers 2, and 7 at page
5; and
17.2 Economic Developlnent Housi11g Goal Statement Policies 3.2U at
page 19; and
17.3 General Public Services and Utilities Goal Stateme11t 1.9U at
page 39, a11d in particular the record has not demonstrated that it
is desirable to annex at this ti111e as this application proposes; and
17.4 Engineeri11g a11d Pl.lblic W orl(s Goal Statelnent Policies 5.2 and
5.5 at pages 40 a11d 41; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER OF DENIAL / JEFF Mi\NSIP -
PROPOSED CHERRY LAl"JE ESTATES
(
(
I 7 .5 Housing Policies I. 7 at page 67.
CONCLUSIONS OF LAW
I. The City of Meridian has authority to annex real property upon vvritten
request for annexatio11 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 CouncillTIay talce 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 Plannil1g Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
Dece111ber 21,1993, Ord. No. 629, January 4,1994.
4. The requested zoning of Rural Low Density Residential District, (R-2),
is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows:
(R-2) Rural Low Density Residential District: The purpose of the (R-
2) District is to perl11it the establishment of those areas where
predominately rllral residential development has, or is lilcely to occur il1
accord with the Comprehensive Plan of t11e City, and to protect the
integrity of rural residential areas by prohibiting the intrusion of
incon1patible non-residential uses. The (R-2) District allovvs for a
InaximUlTI of two (2) dvvelling Ul1its per acre and requires connection to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER OF DENIAL / JEFF IvIANSIP -
PROPOSED CHERRY LANE ESTATES
the Municipal Water and Sewer systems of the City of Meridian.
5. That in S 11-2-417 A it provides in part that:
"If the COlnmissio11 and Council approve an annexation request, the
Commission and Council shall insure that said annexation is in accord
with this Ordinance and the Comprehensive Plan."
6. The application is found not to be in confarlnance with the
Comprehensive Plan of the City of Meridian in particular with:
6.1 Goals of the COlnprehensive Plan Goal numbers 2, and 7 at page
5; and
6.2 Economic Development Housing Goal Statement Policies 3.2U at
page 19; and
6.3 General Public Services and Utilities Goal Statement 1.9U at
page 39, and in particular the record has not demonstrated that it
is desirable to annex at this time as this application proposes; and
6.4 Engineering and Public Warles Goal Staten1ent Policies 5.2 and
5.5 at pages 40 and 41; and
6.5 Housi11g Policies 1.7 at page 67.
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 t11at the application for annexatiol1 and zoning is
denied.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER OF DENIAL / JEFF MANSIP -
PROPOSED CHERRY LANE ESTATES
NOTICE OF FINAL ACTION
Please talce notice that this is a final action of the governing body of the City
of Meridia11. Pursuant to Idaho Code S 67-6521 an affected person being a person
who has an interest in real property which n1ay be adversely affected by the denial of
I
the annexation and zoning may within twenty-eight (28) days after the date of this
decision and order seelc a judicial revievv as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held July 6f~ 1999.
ROLL CALL:
COUNCILMAN ANDERSON
VOTED--r--
COUNCILMAN BENTLEY
VOTED-1~
COUNCILMAN BIRD
VOTED~
COUNCILMAN ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAl<ER)
DATED: 7 -6 - 99
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER OF DENIAL / JEFF NlANSIP -
PROPOSED CHERRY LANE ESTATES
MOTION:
APPROVED:
~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
W orl,s Department.
By:
City CIerI,
Dated:
-1- 6 --f1
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER OF DENIAL / JEFF lv1ANSIP -
PROPOSED CHERRY LANE ESTATES
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY .323 ACRES
FOR PROPOSED MUSIC
RETAIL STORE AND
INSTRUCTION FACILITY
)
)
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)
)
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Case No: RZ-99-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONING
The above entitled matter on the rezoning application of .323 acres
having come on for public hearing on June 15, 1999, at the hour of 7 :30 o'clocl< p.m.,
and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and the Applicant, Matthew Hartz, having appeared, and both parties
agreed with the Recommendations of the Planning and Zoning Commission, and no
one appeared in opposition to the request, and the Council having received the
record of this matter made before the Planning and Zoning COlTIlTIission, and having
received their Recommendation to the City Council, and the City Council having
duly considered the evidence and the record in this matter therefore mal(es the
following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weel(s prior to said public.hearing scheduled for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 1
June IS, 1999, 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 (IS) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
weel, before said hearing; and 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 June IS, 1999, 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 ss 67-6509 and 67-6511, and SS 11-2-416E
and 11-2-417 A, Municipal Code of the City of Meridian.
3. The City Council talces judicial notice of its zoning, subdivisions
and development ordinances codified at Title II, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately .323 acres in size. The property is
generally located at 1990 N. Meridian Road, in Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 2
5. The owners of record of the subject property are Matthew and
Danita Hartz, Meridian, Idaho.
6. The Applicants are the owners of record.
7. The property is presently zoned as Medium High Density
Residential (R-15), and is being occupied as a residence.
8. The Applicant requests the property be rezoned to Limited Office
(L-O) .
9. The proposed site is surrounded by the James Court apartment
complex to the north and east and an empty lot, zoned Limited Office (L-O) to the
west that is unoccupied, and property advertising the Evans Appaloosa Ranch to the
south. The site is located near the corner of Meridian Road and Usticl( Road.
10. The subject property is within the city limits of the City of
Meridian.
11. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: to establish and operate a music instruction and small music retail
~acility.
13. The Applicant's requested rezoning of the subject real property as
Limited Office (L-O) is consistent with the commercial designation on the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 3
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Existing Urban.
14. The subject rezoning request designation and proposed
development relates to the goals and policies of the Comprehensive Plan of the City
as follows:
14.1 The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
14.1.1
14.1.2
14.1.3
14.1.4
14.1.5
To preserve Meridian's environmental quality and
to malce provisions for and improve the total natural
environment by adopting City-wide and Urban
Service Planning Area policies, which deal with area-
specific policies and programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies
and procedures governing the use of land, residential
developluent the provision of services and the
distribution of new housing units within the Urban
Service Planning Area.
To encourage the leind of economic growth and
development which supplies emploYlnent and
econoluic self-sufficiency for existing and future
residents, reduces the present reliance on Boise and
strengthens the City's ability to finance and
implement public improvements, services and its
open space character.
To preserve and improve the character and quality
of Meridian's man-made environment while
maintaining its identity as a self-sufficient
community.
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 4
the citizens of Meridian and to ensure that these
facilities are available to all residents of the City.
14.1.6
To provide community services to fit existing and
projected needs.
14.1.7
To establish compatible and efficient use of land
through the use of innovative and functional site
design.
14.1.8
To encourage a balance of land use patterns to
ensure that revenues pay for services.
14.1.9
To create an Urban Service Planning Area which is
visually attractive, efficiently managed and clearly
identifiable.
14.2 Forecast Needs are set forth at page 16 and states:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnerships plus the recommended employment
forecast, additional land for employment -related land uses will
be required in the community. Community actions other than
land use will also be required to meet the employment needs of
the City.
14.3 Commercial Activity Centers are set forth at page 17 and states:
COlnmercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercial Activity
Centers. In order to support residential and industrial
developments, areas should be set aside as Commercial Activity
Centers and their development carefully guided.
14.4 The Employment Goal Statement at page 19 states:
Meridian will achieve and support a business climate that will
offer diverse employment opportunities to satisfy personal goals
and economic needs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 5
2.2U Encourage and support job marleet expansion that provides
for mid-and upper-range wage scale and benefits.
14.5 Under LAND USE at page 21:
Commercial and retail areas are established along major arterials,
and include small commercial centers and individual businesses.
Uses include retail, wholesale, service, office, and limited
manufacturing.
Land Use Goal 1.5U states at page 23:
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
14.6 Under COlnmercial Policies at page 26 it states:
4.5U Discourage isolated neighborhood commercial development
in residential areas unless the uses are compatible with the
Planned Neighborhood Commercial designation.
4.8U Encourage commercial uses, offices and medical-care uses to
locate in the Old Town district, business parIes, shopping centers
and near high-intensity activity areas, such as freeway
interchanges.
14.7 Under Community Design at page 71 it states:
14.7.1
Community Identification Goal Statement -
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
1. Policies
1.1 All commercial and industrial developments should
be reviewed by the City for adequate site planning.
1.2 Neighborhood areas should be identified for future
planning purposes to assure that development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 6
strengthen the community feeling of quality.
14.7.2
Special Community Design Areas Goal Statement:
2.1 U Require businesses and government to install and
maintain landscaping.
14.7.3
Quality of Environment Goal Statement:
5.2U Ensure that all new development enhances rather
than detracts from the visual quality of its surroundings,
especially in areas of prominent visibility.
15. 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:
Adopt the Meridian Fire Department's Recommendations as follows:
15.1 Applicants shall upgrade the building to satisfy all code
requirements, both Fire and Electric.
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
15.2 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
W9rl<.S Department. No variances have been requested for tiling
of any ditches crossing this project.
15.3 Any existing domestic wells and/or septic systems within this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 7
project will have to be removed from their domestic service per
City Ordinance Section 5-7 -517 . Wells may be used for non-
domestic purposes such as landscape irrigation.
15.4 Off-street parldng shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
15.5 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
15.6 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.
15. 7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-14.D.3.
15.8 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be permitted.
15.9 Applicants shall provide five-foot-wide sidewall(s in accordance
with City Ordinance Section 11-9-606.B.
15.10 All construction shall conform to the requirements of the
Americans with Disabilities Act.
15.11 Provide site plan detailing parldng, landscaping, trash enclosures,
etc., for review to ensure zoning compliance prior to applying for
Certificate of Occupancy.
15.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian.
15.13 Applicant shall provide calculation of asphalt area with future site
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 8
plans. A minimum of one (I) three-inch (3") caliper tree per
I ,500 square feet of asphalt are required per Ordinance.
IS .14 A5 Meridian Road is an entryway corridor, Applicant shall install
and maintain a minimum 20-foot-wide landscape strip beyond
required right-of-way adjacent to Meridian Road.
15.15 Applicant shall coordinate locations and construction
requirements of trash enclosure with Sanitary Services, Inc., and
provide a letter of approval from their office prior to applying for
occupancy.
IS .16 Applicant shall provide letter of approval from Ada County
Highway District with submittal of site plan prior to issuance of
Certificate of Zoning Compliance.
15 .1 7 Applicant shall provide handicapped accessible parldng spaces
and associated signage in accordance with the Americans with
Disabilities Act. All building and parldng lot construction needs
to meet the requirements of the Americans with Disabilities Act.
15.18 If rezoned to L-O, use of the property for residential use will no
longer be a conforming use. Prior to use of the property for office
use, residential use will need to be discontinued or a conditional
use permit will need to be applied for and granted by the
Meridian City Council. Use of the building exclusively as a retail
or commercial site is not permitted within the L-O zone.
15.1 9 All Uniform Codes need to be met.
15.20 Five Mile Creele is adjacent to the easterly boundary of the
property. This area is designated as a multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
shall be made for the land uses in these areas to minimize the risle
of pollution and to preserve the natural beauty of Five Mile
Creele.
15.21 Signage should be limited to one low-profile monument type sign.
Detailed signage plans will be subject to design review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 9
16. There are no significant or scenic features of major importance
that affect the consideration of this application.
I 7 . The proposed development will serve existing and growing needs
and will provide services to surrounding institutional, commercial and residential
development.
CONCLUSIONS OF LAW
I. The Council may tal(e judicial notice of governlnent ordinances,
and policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and
responsibility as provided by "Local Land Use Planning Act of 1975", codified at
Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of
Meridian adopted December 21,1993, Grd. No. 629, January 4,1994.
3. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
3.1 The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
3.1.1 To preserve Meridian's environmental quality and to mal(e
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 10
3.1.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
3.1.3 To encourage the land of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the prese11t reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
3.1.4 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
3.1.5 To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to ensure that these facilities are
available to all residents of the City.
3.1.6 To provide community services to fit existing and projected
needs.
3.1. 7 To establish compatible and efficient use of land through
the use of innovative and functional site design.
3.1.8 To encourage a balance of land use patterns to ensure that
revenues pay for services.
3.1. 9 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
3.2 Forecast Needs are set forth at page 16 and states:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnerships plus the recommended employment
forecast, additional land for employment -related land uses will
be required in the community. Community actions other than
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - II
land use will also be required to meet the employment needs of
the City.
3.3 Commercial Activity Centers are set forth at page 17 and states:
Commercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercial Activity
Centers. In order to support residential and industrial
developments, areas should be set aside as Commercial Activity
Centers and their development carefully guided.
3.4 The Employment Goal Statement at page 19 states:
Meridian will achieve and support a business climate that will
offer diverse employment opportunities to satisfy personal goals
and economic needs.
2.2U Encourage and support job marl<.et expansion that provides
for mid-and upper-range wage scale and benefits.
3.5 Under LAND USE at page 21:
Commercial and retail areas are established along major arterials,
and include small commercial centers and individual businesses.
Uses include retail, wholesale, service, office, and limited
manufacturing.
Land Use Goal1.5U states at page 23:
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
3.6 Under Commercial Policies at page 26 it states:
4.5U Discourage isolated neighborhood commercial development
in residential areas unless the uses are compatible with the
Planned Neighborhood Commercial designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 12
4.8U Encourage commercial uses, offices and medical-care uses to
locate in the Old Town district, business parks, shopping centers
and near high-intensity activity areas, such as freeway
interchanges.
3.7 Under Community Design at page 71 it states:
3.7.1 Community Identification Goal Statement -
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
1 . Policies
1.1 All commercial and industrial developments should
be reviewed by the City for adequate site planning.
1.2 Neighborhood areas should be identified for future
planning purposes to assure that development will
strengthen the community feeling of quality.
3.7.2 Special COlnmunity Design Areas Goal Statement:
2.1 U Require businesses and government to install and
maintain landscaping.
3.7.3 Quality of Environment Goal Statement:
5.2U Ensure that all new development enhances rather
than detracts from the visual quality of its surroundings,
especially in areas of prominent visibility.
4. The requested zoning of Limited Office, (L-O) is defined in the
Zoni11g Ordinance at 11-2-408B(7) as follows:
(L-O) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 13
uses shall not involve heavy testing operations of any kin-d or
product manufacturing of such a nature to create noise, vibration
or emissions of a nature offensive to the overall purpose of this
district. The L-O District is designed to act as a buffer between
other more intense non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer systems of the City of Meridian is a
requirement in this district.
5. That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, B, Commercial, lists commercial uses allowed in the various zoning
districts of the City which provides that public and quasi public uses are permitted
uses in the (L-O) Limited Office District zone.
6. That Idaho Code S 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.
7. S 11-2-407 A ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7 .1 Where district boundaries are indicated as approximately
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ .. 14
following the centerline of street lines, highway right-of-way lines,
streams, lal(es or other bodies of water, the centerline shall be
construed to be such boundary;
7.2 Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-oE-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale 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
tracl(s of said railroad line.
8. That S 11-2-416 I( GENERAL STANDARDS APPLICABLE TO
ZONING AMENDMENTS provides in part as follows:
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:
8.1 Will the new zoning be harmonious with and in accordance with
the Comprehensive Plan and, if not, has there been an
application for a Comprehensive Plan amendment;
8.2 Is the area included in the zoning amendment intended to be
rezoned in the future;
8.3 Is the area included in the zoning amendment intended to be
developed in the fashion that would be allowed under the new
zoning - for example, a residential area turning into commercial
area by means of conditional use permits;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 15
8.4 Has there been a change in the area or adjacent areas which may
dictate that the area should be rezoned. For example, have the
streets been widened, new railroad access been developed or
planned or adjacent area being developed in a fashion similar to
the proposed rezone area;
8.5 Will the proposed uses 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 Will the proposed uses not be hazardous or disturbing to existing
or future neighboring uses;
8.7 Will the area 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 for the establishment of proposed
zoning amendment shall be able to provide adequately any of
such services;
8.8 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 Will the proposed uses 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;
8. 1 0 Will the area have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
8.11 Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
8.12 Is the proposed zoning amendment in the best interest of the
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 16
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
I. That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the redesignation of the zoning for the
real Property included in the application to (L-O) Limited Office District.
2. The Meridian City Council hereby approves the rezoning as
requested by the Applicant for the property described in the application subject to
the following:
2.1 Applicants shall upgrade the building to satisfy all code
requirements, both Fire and Electric.
2.2 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
2.3 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.4 Off-street parking shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
2.5 Paving and striping shall be in accordance with the standards set
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 17
forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
2.6 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 parldng areas. All site
drainage shall be contained and disposed of on-site.
2.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-14.D.3.
2.8 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be permitted.
2.9 Applicants shall provide five-foot-wide sidewallcs in accordance
with City Ordinance Section 11-9-606.B.
2.1 0 All construction shall conform to the requirements of the
Americans with Disabilities Act.
2.11 Provide site plan detailing parking, landscaping, trash enclosures,
etc., for review to ensure zoning compliance prior to applying for
Certificate of Occupancy.
2.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian.
2.13 Applicant shall provide calculation of asphalt area with future site
plans. A minimum of one (1) three-inch (3") caliper tree per
1,500 square feet of asphalt are required per Ordinance.
2.14 As Meridian Road is an entryway corridor, Applicant shall install
and maintain a minimum 20-foot-wide landscape strip beyond
required right-of-way adjacent to Meridian Road.
2.15 Applicant shall coordinate locations and construction
requirements of trash enclosure with Sanitary Services, Inc., and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 18
provide a letter of approval from their office prior to applying for
occupancy.
2.16 Applicant shall provide letter of approval from Ada County
Highway District with submittal of site plan prior to issuance of
Certificate of Zoning Compliance.
2.17 Applicant shall provide handicapped accessible parldng spaces
and associated signage in accordance with the Americans with
Disabilities Act. All building and parldng lot construction needs
to meet the requirements of the Americans with Disabilities Act.
2.18 If rezoned to L-O, use of the property for residential use will no
longer be a conforming use. Prior to use of the property for office
use, residential use will need to be discontinued or a conditional
use permit will need to be applied for and granted by the
Meridian City Council. Use of the building exclusively as a retail
or commercial site is not permitted within the L-O zone.
2.19 All Uniform Codes need to be met.
2.20 Five Mile Creele is adjacent to the easterly boundary of the
property. This area is designated as a multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
shall be made for the land uses in these areas to minimize the risle
of pollution and to preserve the natural beauty of Five Mile
Creek.
2.21 Signage should be limited to one low-profile monument type sign.
Detailed signage plans will be subject to design review.
3. That the City Attorney is directed to prepare a Development
Agreement with the subject conditions of rezone as set forth in Part 2 of this Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 19
NOTICE OF FINAL ACTION
Please ta](e notice that this is a final action of the governing body of
the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the rezoning may, within twenty-eight (28) days after the date
of this decision and order, seel( a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
~/'1
o
By action of the City Council at its regular meeting held on
6 -1-4 , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED -r-=
VOTED~
COUNCILMAN GLENN BENTLEY
COUNCILMAN ICEITH BIRD
VOTEDr-
VOTED(-
VOTED
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT CORRIE (TIE BREAICER)
DATED: 7- 6 - Cfq
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 20
MOTION:
APPROVED.
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
W orl(s Department.
By:
Dated:
"7-6-'19
msglZ:\Work\M\Meridian I 5360M\Hartz CUP\RZffcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 21
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION FOR FINAL PLAT )
FOR TEARE COMMERCIAL )
SUBDIVISION LOCATED AT THE )
NW CORNER OF TEARE AVENUE)
AND OVERLAND ROAD, )
MERIDIAN, IDAHO )
)
)
)
)
BY: ANDERSON-DAVID &
ASSOCIATES
ORDER GRANTING A ONE (1)
YEAR TIME EXTENSION FOR
FILING THE FINAL
DEVELOPMENT PLAN
This matter coming on regularly before the City Council on the 6th day of July,
I 999, upon the Applicant's time application for a one (I) year extension within
which to submit the Final Developlnent Plan as provided in S 11-9-604 F 2., and
good cause appearing:
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted a one (I) year extended period of time
froIn the date of this Order within which to submit the Final Development Plan for
the above entitled subdivision application.
By action of the City Council at its regular meeting held on the 6th day of July,
1999.
~
Dated this /r;-dayof
, I 999.
ORDER GRANTING A ONE (I) YEAR TIME EXTENSION - PAGE I
FOR FILING THE FINAL DEVELOPMENT PLAN
(
(
Copy served upon Applicant, Planning and Zoning Department, Public W orlcs
Department and City Attorney.
By:
Dated:
?-/C/-rr
msg/Z:\ W ork\M\Meridian I 5360M\Teare COll1mercial Sub\orderGrantTimeExtforFP
ORDER GRANTING A ONE (1) YEAR TIME EXTENSION - PAGE 2
FOR FILING THE FINAL DEVELOPMENT PLAN