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Home My WebLink About1999 11-03 wlayor ROBERT D. CORRIE . ( HUB OF TREASURE VALLEY A Good Place to Live City Council Nlembers CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288~2499 · Fax 288-2501 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTIvIENT (208) 884-5533 · Faz 887-1297 NOTICE OF PRE-COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Wednesday, November 3, 1999 at 6:45 PM. The Meridian City Council will discuss agenda items on the regular City Council meeting. The public is welcome to attend. DATED this 29th day of October, 1999. \ \ \ \ \ \ .{ t f r '" t , I, \\\\ c: afE III ' ,,".J 0.- n:i. fr:-;~D. I////; ~.... " ~, .~:o.l ;I'~ ,~ a aOQDA ~ ~ f .~cp... 'Vjl(-o ~.WILLlAM G. BERG, JR. - SEAL ~ MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING NOVEMBER 3. 1999 The Pre-Council meeting of the Meridian City Council was called to order at 7: 12 p.m. on November 3, 1999 by Mayor Robert Corrie. MEMBERS PRESENT: ROBERT CORRIE, CHARLIE ROUNTREE, KEITH BIRD, GLENN BENTLEY MEMBERS ABSENT: RON ANDERSON OTHERS PRESENT: SHARI STILES, GARY SMITH, BILL GIGRA Y, BILL GORDON, KEN BOWERS, WILL BERG Corrie: -- open the Pre-Council meeting at 7: 12 to discuss the agenda items on the regular City Council meeting. At this point, I'll open the meeting and - how'd you do it last time? I was - Bentley: We just had Shari - Corrie: Shari, kind of fill us in on things. ITEM 1. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WIlliAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 2. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II): Stiles: Mr. Mayor and Council, Items 1 and 2, the development agreement still has not been signed. They're requesting changes to the development agreement and to the Findings. Maybe Mr. Gigray could address some of those comments because he's had conversation with their legal counsel, and it appears that from what they're requesting, it's a significant change, that they would be required to resubmit an application and go back through the Planning and Zoning Commission. But - do you have anything else on that, Bill? Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, Shari, that's correct. Mr. Shoemaker represents the developer here and made some requests, and I have checked those requests versus the minutes of the Council meeting, and I've ( Meridian City Council Prb-~ouncil Meeting November 3, 1999 Page 2 written them a letter back saying that I wasn't inclined to recommend any changes in the provision regarding the conditions of development he had included a couple of additions on the use which matched the site plan that was submitted and approved which one of the main items had to do with the storage units that are part of that whole site plan that I didn't see as a problem. I've explained to him on the phone that I have resubmitted that development agreement to the Clerk, and I guess at this point we're waiting to see whether or not they will sign that, and at this point, I don't think we - that they have. So I would - it's my understanding that we would probably table those. ( Berg: Mr. Mayor. Corrie: Mr. Berg. Berg: Just to clarify that, we need to have the Findings approved so they can be attached to the development agreement so they can review it and sign it or not. Corrie: On Item 1, you mean? Bird: (inaudible) Corrie: On the annexation. Bird: So we do need (inaudible) Corrie: Okay. So we do need (inaudible) Gigray: On the Findings, yeah. That'd be okay. But I think I made the same change on the use and the Findings just so it conformed with the site plan. Corrie: Mr. Rountree. Rountree: We would act on Item 1 and table Item 2. The conditional use is Item 2. Until after the development agreement is - Gigray: As long as we're not passing an ordinance on Item 1, this only refers to Findings that we'd be fine. I agree with the Clerk. Stiles: Mr~ Mayor, Council, if you're going to act on those Findings, I would like to make sure that the development agreement is included as part of that. I don't see that. I don't see where the restrictions on this signage was addressed as part of this. I don't know if it's included in the development agreement or not. Corrie: On Page 19 there, Shari, is that what you're talking about? The conditions set out in the development agreement? This is the revised one~ ( Meridian City Council 't _ ..,.-Council Meeting November 3, 1999 Page 3 Stiles: Yes. It does talk about some of the Ada County Highway District comments, and they h.ad some problems with some of these conditions. But it doesn't say anything about the signage, and I think that needs to be included in that development agreement. Corrie: Any others, Staff? Okay. How about three? Four? ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: Stiles: Number 3, I can't find that bill. Oh. It's on Page 23, Item 2.2.29, we'd requested that sentence be changed to uprior to applying for a building permit." That's all I had on that. Corrie: Okay. ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: Stiles: Item 4, for the variance of the block length and maximum cul-de-sac length, I didn't see any problems with those Findings. ITEM 5. TABLED 10/5/99: REQUEST FOR FINAL PLAT FOR LAKES @ CHERRY LANE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE AND EAST OF ASHFORD GREENS SUBDIVISION: Stiles: For the final plat, I couldn't find, and Bruce couldn't find as having any comments on the final plat. We would just ask that the conditions of the preliminary plat be requirements of the final plat. ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST -SE CORNER OF TEN MILE ROAD & CHERRY LANE: Stiles: NOe 6 for the English Gardens, I don't know if you want me to (inaudible). There were Findings on this which is a little unusual for a plat, but I didn't see any problems with those, with the recommendations. ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-15 AND L-Q FOR ( Meridian City Council Prt:-Council Meeting November 3, 1999 Page 4 VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.-NE CORNER OF PINE STREET AND TEN MILE ROAD: Stiles: Of course, the Valeri Heights recommendation was for denial. ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO I-L FOR TEN MILE MINI STORAGE BY ED SEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED BEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: Stiles: The request for annexation and zoning to I-L with the conditional use permit for the mini-storage, Items 8 and 9. On the Findings for the annexation and zoning, Page 5, Item 16.2, it was left out part of our comments, so that's why it's an incomplete sentence there. We had asked that so it would read due to the numerous uses that are currently permitted in the I-L zone, a development agreement should be required as a condition of annexation. We also went on to say that there could be an outright restriction of certain uses, and, Mr. Gigray, if what we're approving as a condition - since we're doing it as an annexation and zoning with a conditional use permit, does that restrict that only to the storage unit proposal? Gigray: The conditional use permit should - I don't have the file in front of me - should specify the use which is granted by that permit. Stiles: But part of the development agreement, can we state that it is approved to be rezoned I-L but only for the use as they have proposed? And that will be the only use permitted? Gigray: Mr. Mayor, we do have a provision in our development agreement which describes approved uses in the development agreement, and, yes, we can include restrictions. You bet. And we do often. Stiles: That's what we would like to make sure that - I mean, either not planned residential development would be - could possibly be submitted through a conditional use permit if it's zoned I-L, there would be no restrictions on the use. The Item 16.2, it was taken from our comments on Page 2 of our comments dated September 14, 1999. Bird: (inaudible) ( Meridian City Council Prt::-Council Meeting November 3, 1999 Page 5 ( Stiles: It is also on Page 12, Item 3.1. And then for the conditional use permit, Item, let's see - the conditional use permit, Findings of Fact, Page 21, Item 2.35, the second sentence should read drainage swale shall not be approved within the 20-foot wide planting strip adjacent to Ten Mile Road. So there should be a "nof' added. Rountree: What Item are we on? Corrie: What number is that, Shari? Stiles: Did you get that one? Corrie: Are we on Item 9 or 8? Bird: Nine. Stiles: Yeah. On the conditional use permit, that was Page 21, Item 2.35. Corrie: Mr. Rountree, do we have a development agreement, Shari? Stiles: No. I haven't seen anything. Corrie: (inaudible) Bird: (inaudible) Bentley: The development agreement would be on Item 8. Bird: Yeah. Corrie: That's what she was asking. ITEM 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER -- BY ST. LUKE'S REGIONAL MEDICAL CENTER AT 520 S. EAGLE ROAD: Stiles: Item 10, I don't have any new information on that. I haven't completely gotten through on the Findings on it. That was pretty straight forward except the public road issue. Then the rest of this is continued public hearings and new public hearings. Corrie: Anything else? Stiles: Unless you have some questions on any of them. I \ Meridian City Council p'r~Council Meeting November 3, 1999 Page 6 Bird: I have none. Corrie: I mentioned to the other two Councilmen that possibly on these requests for Comprehensive Plan Amendments, since Ron isn't here tonight, we may want to have all four of you here when you do take those up, that we might, we'll call for if there is anybody here for the Comprehensive Plan Amendments to - if they would be able to come the 16th and do all of them at one date rather than tonight, and if there was anybody that couldn't make that, then we might be able to hear that one, but I thought it might be wise to have all four Councilmen if there's a Comprehensive Plan Amendment changes that they might want to hear it. Okay. You want to take a five-minute break? Gary, anything on yours? F . YANKE MACHINE SHOP-APPEAL ORDER OR REMAND Berg: Thank you, Mr. Mayor. Late Friday I received a memo from Mr. Gigray dealing with the Yanke Machine Shop appeal that the Council approved last meeting. He had given me the order granting the appeal, and I was wondering or asking permission if we could put that on the Consent Agenda as long as we take a roll-call vote and approve that as a formality. Bird: Why not. Berg: We would need to have a roll-call vote for that Consent Agenda. Corrie: Yanke - order? Rountree: (inaudible) Bird: Do you want to put that, Mr. Mayor, as Item F? Corrie: I'll just put that as F, yeah. Berg: Thank you, Mr. Mayor, members of the Council. Corrie: Anything else? Okay. I'll entertain a motion to move to close the - Rountree: Move to close the Pre-Council meeting. Bird: Second. Corrie: Motion made and seconded. All approved say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:28 P.M. ( I \ Meridian City Council p're-Council Meeting November 3, 1999 Page 7 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ./ v/<-t-- V Lr ~w!( ERT D. CORRIE, MAYOR ATTEST: ( MERIDIAN CITY COUNCIL AGENDA WEDNESDAY, NOVEMBER 3, 1999 - 7:30 PM CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA A. MINUTES OF SPECIAL MEETING HELD OCTOBER 13, 1999 APPROVE B. MINUTES OF REGULAR MEETING HELD OCTOBER 19, 1999 APPROVE C. PRE-COUNCIL MEETING MINUTES HELD OCTOBER 19, 1999 APPROVE D. APPROVE BILLS APPROVE E. ADOPTION OF THE SECOND RESTATED AND AMENDED JOINT POWERS AGREEMENT AND ARTICLES OF REFORMATION AND ORGANIZATION OF THE COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST ID APPROVE RESOLUTION #260 F. YANKE MACHINE SHOP-APPEAL ORDER OR REMAND APPROVE AGENDA 1. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: TABLED UNTIL NOVEMBER 16, 1999 2. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WilliAM & LUCILE LEAVELL: TABLED UNTIL NOVEMBER 16,1999 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-O BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: APPROVE 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: APPROVE 5. TABLED 10/5/99: REQUEST FOR FINAL PLAT FOR LAKES @ CHERRY LANE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE AND EAST OF ASHFORD GREENS SUBDIVISION: APPROVE WITH CONDITIONS OF PRELIMINARY PLAT 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST -SE CORNER OF BLACK CAT ROAD & CHERRY LANE: APPROVE 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-15 AND L-O FOR VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.-NE CORNER OF PINE STREET AND TEN MILE ROAD: APPROVE 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO I-L FOR TEN MILE MINI STORAGE BY ED SEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: APPROVE 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED sews --WEST OF TEN MILE AND NORTH OF USTICK ROAD: TABLED UNTIL DECEMBER 7,1999 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER -- BY 51. LUKE'S REGIONAL MEDICAL CENTER AT 520 S. EAGLE ROAD: APPROVE 11. CONTINUED PUBLIC HEARING FROM 10/5/99: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD: CITY ATTORNEY TO PREPARE F/F&C/L 12. CONTINUED PUBLIC HEARING FROM 10/5/99: REQUEST FOR CONDITIONAL USE PERMIT FOR A 96 UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISE, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: CONTINUE PUBLIC HEARING UNTIL NOVEMBER 16,1999 ('- ( 13. PUBLIC HEARING: REQUEST FOR RECONSIDERATION OF PRELIMINARY PLAT FOR T ARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: CITY ATTORNEY TO PREPARE F/F&C/L 14. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR T ARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS APPROVE 15. PUBLIC HEARING: REQUEST FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN AN I-L ZONE BY FOOD SERVICES OF AMERICA: CITY ATTORNEY TO PREPARE F/F&C/L 16. PUBLIC HEARING: REQUEST FOR VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET) BY PIPeo, LLC: CITY A TTORNEV TO PREPARE F/F&C/L 17. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY J-U-B ENGINEERS, INC.-WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK: CITY ATTORNEY TO PREPARE F/F&C/L 18. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REAL TV CORPORATION/DAKOTA COMPANY-SOUTH OF FAIRVIEW AND EAST OF RECORDS: CITY ATTORNEY TO PREPARE F/F&C/L 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPORATION- 4000 E. FAIRVIEW, Y2 MILE EAST OF EAGLE ROAD: CITY ATTORNEY TO PREPARE F/F&C/L 20. PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO c-c BY DEVELOPERS DIVERSIFIED REAL TV CORPORA TION/DAKor A COMPANY-SOUTH OF FAIRVIEW AND EAST OF RECORDS: CITY ATTORNEY TO PREPARE F/F&C/L 21. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT/BILL CLARK -SOUTH OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD & CLOVERDALE: CITY ATTORNEY TO PREPARE F/F&C/L (~ (r- 22. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT (TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A. BILLIGIWA TERFORD DEVELOPMENT & CONSTRUCTION COMPANY- EAST OF ST. LUKE'S BETWEEN 1-84 AND FRANKLIN ROAD: CONTINUE PUBLIC HEARING TO NOVEMBER 16, 1999 23. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM BUSINESS PARK) BY G.L. VOIGT DEVELOPMENT AND OVERLAND 16 LLC-WEST OF EAGLE ROAD AND SOUTH OF OVERLAND: CITY ATTORNEY TO PREPARE F/F&C/L 24. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND ACRES, INC.-SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK: CITY ATTORNEY TO PREPARE F/F&C/L 25. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY-NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: CITY ATTORNEY TO PREPARE F/F&C/L 26. REQUEST FOR BEER AND LIQUOR LICENSE FOR TEXAS ROAD HOUSE: APPROVE 27. CANVASSING THE VOTES FOR CITY GENERAL ELECTION: APPROVE 28. WATERlSEWERlTRASH DELINQUENCIES: APPROVE 29. DEPARTMENT REPORTS: A. GARY SMITH 1. WATERLINE INSTALLMENT PROJECT-EAST FIRST STREET- APPROVE 2. AMENDMENT TO ENGINEERING AGREEMENT WITH CAROLLO ENGINEERS FOR BID-SOLIDS DEWATERING PROJECT- APPROVE ( ( MERIDIAN CITY COUNCIL MEETING NOVEMBER 3, 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. by Mayor Robert Corrie. MEMBERS PRESENT: ROBERT CORRIE, CHARLIE ROUNTREE, GLENN BENTLEY, KEITH BIRD. MEMBERS ABSENT: RON ANDERSON. OTHERS PRESENT: SHARI STILES, GARY SMITH, BILL GIGRA Y, BILL GORDON, KEN BOWERS, WILL BERG. CONSENT AGENDA A. MINUTES OF SPECIAL MEETING H~LD OCTOBER 13, 1999 B. MINUTES OF REGULAR MEETING HELD OCTOBER 19, 1999 C. PRE-COUNCIL MEETING MINUTES HELD OCTOBER 19,1999 D. APPROVE BILLS E. ADOPTION OF THE SECOND RESTATED AND AMENDED JOINT POWERS AGREEMENT AND ARTICLES OF REFORMATION AND ORGANIZA liON OF THE COMMUNITY PLANNING ASSOCIA liON OF SOUTHWEST IDAHO Corrie: -- November the 3rd, 1999 City Council meeting. Mr. Berg, would you call roll, please. I'd like to welcome everyone here this evening as we have Troop 83 here from the Meridian 10th Ward. Thanks, fellows, for showing up and being here. I think this is your communications - okay. Very good. Well, lefs hope we can give you a good lesson in communications here this evening. Council, you have the Consent Agenda, Items A, 8, C, 0, E, and we're going to add the Yanke Machine Shop appeal, File 5.15.1, also to the Consent Agenda. That will be a separate one for roll-call vote. Items A, B, C, D and E we can - Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Consent Agenda A, 8, C, D and E. Rountree: Second. Corrie: Okay. Motion made and seconded to approve the Consent Agenda A, 8, C, D and E. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ( Meridian City Council Med(jng November 3, 1999 Page 2 ( F . YANKE MACHINE SHOP-APPEAL ORDER OR REMAND Corrie: Okay. I'll have Item F - Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pass the Yanke Machine Shop appeal as written. Rountree: Second. Corrie: Okay. Motion is made and seconded to approve the Yanke Machine Shop appeal. Is there any further discussion? Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Anderson is absent. Three ayes, one absent; it's approved. Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Moving to the agenda items. Before we do that, we have on Items, I believe, 17, 18, 21 , 22, 23 and 24, and that's the ones for the request for a Comprehensive Plan Amendment. Those have to be taken as one due to the restrictions on the Camp Plan changes. What we - we have one Councilman that's not here tonight. We would like to have all four here at the same time. Is there anyone here that was here for those Comprehensive Plan Amendments? Okay. What we will do, we will open the public hearing on each one of those, and if you would be able to come the 16th - meeting the 16th of November for the public hearing, we would like for you to do that. If it will be a hardship on anybody to come back at that time, we will have the public hearing opened, and we will take testimony on that, and then we will keep it open until the 16th which we will do all at one time on the Amendments. So as we come up to those points, we'll ask again if there's anybody here that has a problem with the 16th. If ( Meridian City Council Met;(ing November 3, 1999 Page 3 they do, we'll hear your testimony and then we'll continue with the 16th. We'll do that when we come up to it. It won't be too long, I don't think. ( ITEM 1. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WilliAM & lUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 2. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WilliAM & lUCILE LEAVELL: Corrie: All right. Item No.1 of the Agenda is a tabled 10/19/99 Finding of Facts and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell. Council, you have the Findings of Facts and Conclusions of Law. Staff, any further comments on this one? Stiles: No, sir. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: There seems to be quite a defugilty (sic) between what's in the Findings of Facts and Conclusions of Law and all this, and I think we need to table it until 11/16/99 and for the owners, their representatives and Shari and Mr. Gigray to get together and get this worked out so we have no confusion. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Mr. Bird, would that include Item 2? Bird: Yes, sir. We'll throw that in, too. Bentley: Second. (" - Meridian City Council Met::llng November 3, 1999 Page 4 ( Corrie: Okay. Motion's made by Mr. Bird, seconded by Mr. Bentley to table Items 1 and Item 2 until the November the 16th, 1999 meeting with the request made by Mr. Bird. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: Corrie: Item No.3 is Findings of Facts and Conclusions of Law: Request for rezone of .6 acre from R-8 to L-Q by Mike Gamblin located at Cherry Lane and Leisure Lane. Any comment from staff at this one? None? Council. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law, Decision of Order with a modification to 2.29, Page 23 adding at the beginning of that paragraph the words "prior to applying for a building permit" and then continuing on with the sentence. Bird: Second. Corrie: Okay. Motion is made by Mr. Rountree, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law on Item 3 with the addition of the comments made by Mr. Rountree. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes, motion carried. MOTION CARRIED: ALL AYES Rountree: Mr. Mayor, I believe that's roll-call. Corrie: Oh. I'm sorry. All Findings are roll-call? Gigray: Only if that's your rule. Roll-call's required for Ordinance passage and for Resolutions to enter into contract. ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: ( Meridian City Council Met:;llng November 3, 1999 Page 5 Corrie: Item No.4, Findings of Facts and Conclusions of Law: Request for a variance of maximum block length and maximum cul-de-sac length for the Lakes at Cherry Lane No.9 by Steiner Development. Any staff comments? Okay. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law, request for a variance of the block length for Steiner Development. Bird: Second. Corrie: Motion made by Mr. Bentley, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law on Item No.4. We'll have a roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: All ayes, one absent, motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 5. TABLED 10/5/99: REQUEST FOR FINAL PLAT FOR LAKES @ CHERRY LANE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE AND EAST OF ASHFORD GREENS SUBDIVISION: Corrie: Item No.5 was tabled from 10/5/99: Request for final plat for Lakes at Cherry Lane No. 9 by Steiner Development, north of Cherry Lane and east of Ashford Greens Subdivision. Any further staff comments? Okay. Council? Bird: I have none. Corrie: Okay. Rountree: Mr. Mayor. Corrie: Mr. Rountree. ( Meridian City Council Met:llng November 3, 1999 Page 6 Rountree: I move that we approve the final plat for Cherry Lane's No.9 subject to the conditions that were provided on the preliminary plat. Bentley: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bentley to approve Item No.5, final plat for the Lakes at Cherry Lane No.9. Any further discussion? Hearing none, roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST-SE CORNER OF TEN MILE ROAD & CHERRY LANE: Corrie: Item No.6 is Findings of Facts and Conclusions of Law: Request for preliminary plat for proposed English Gardens Subdivision by Projects West. Any further comments from staff? Stiles: No. Corrie: Council, what's your pleasure? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law approving the preliminary plat for English Gardens Subdivision. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to approve Item No. 6, request for preliminary plat for English Gardens Subdivision by Projects West; any further discussion? Hearing none, roll-call vote; Mr. Bentley. ( Meridian Cjty Council Me~cing November 3, 1999 Page 7 ( Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-15 AND L-O FOR VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.-NE CORNER OF PINE STREET AND TEN MIL-E ROAD: Corrie: Item No. 7 is Findings of Facts and Conclusions of Law: Request for annexation and zoning to R-15 and L-Q for Valeri Heights Subdivision by Gold River Companies, Inc. Staff comments? Council? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law and Decision of Order of denial for annexation and zoning for Valeri Heights. Bird: Second. Corrie: Motion made by Mr. Bentley, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law on Item 7 for denial. Any further comments? Roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT ( Meridian City Council Me;eting November 3, 1999 Page 8 ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO I-L FOR TEN MILE MINI STORAGE BY ED SEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: Corrie: Item No.8 is Findings of Facts and Conclusions of Law: Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews west of Ten Mile, north of Ustick Road. Staff comments? Stiles: None other than those in the Pre-Council. Corrie: Okay. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order with modifications to Items 16.2 on Page 5 to include the words in the fourth line after I-L Zone that the Development Agreement should be required and that it restrict the use to mini-storage and that the same modification be made on Page 12, Item 3.1 of the Decision of Order. Bentley: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bentley to approve the Findings of Facts and Conclusions of Law with a modification as stated in the motion. Any further discussion? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On 3.2, I didn't think we was going to tile the ditches - page 12. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I can't have recall on the motion, but I think the request was to waive that in the original request, and I thought our motion for this Finding and Fact reflected the waiver. It may not have. Bird: And also on that same paragraph down at the end, it says to lawn area between the back there, and we was just going to sterilize that ground. It's saying put lawn area in. That's not right. Isn't that right? ( t, Meridian City Council Met;ring November 3, 1999 Page 9 Rountree: Yeah. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Mr. Bird is correct on that. We did talk about not putting lawn back there but sterilizing. Bird: That was the way we approved the- Findings of Facts. Staff, do you remember? Isn't that the way we approved that, and we weren't going to tile the ditches? Stiles: Not the Creason. If there's others, they would need to be tiled. Bird: Yeah. But the only one that was involved there, and we were just going to sterilize that because we weren't going to landscape it or do anything like that. (inaudible discussion amongst Council members) Corrie: Okay (inaudible) Bentley: Mr. Mayor, I move (inaudible) Mr. Rountree's motion second does the same. Corrie: (inaudible) Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would move that we approve the Findings of Facts and Conclusions of Law with modifications to Item 16.2, Page 5 adding the words to the fourth line after I-L zone development agreement should be required and also to restrict the use to mini-storage. To modify Item 16.3 making reference that Council waives the requirement to tile the Creason Lateral and not to provide for a lawn area in that area behind the storage buildings adjacent to Creason Lateral. Make those same modifications on Page 12 to Items 3.1 and 3.2. Corrie: Motion's been made. Is there a second? Bentley: Second. Corrie: Okay. Mr. Bentley. ( Meridian City Council MetHlng November 3, 1999 Page 10 Bentley: Would that be to - you want to add the word "sterile" in there so that we make sure that we don't put weeds in there? Bird: Sterilize it. Corrie: I'm not going to use that word. Bird: How about sterilize the ground? Corrie: Well, if we're in discussion, I have a problem with sterilizing the ground adjacent to a body of water. They have to control the weeds by City Ordinance. Bentley: Okay. Corrie: Leave it as is. Bentley: Leave it as is. Corrie: Okay. Any further discussion? Okay. Any further - there is no discussion. Okay. All those - let's do the roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ASSENT. ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED SEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: Corrie: Item No.9 is the Findings of Facts and Conclusions of Law: Request for conditional use permit for mini storage facility consisting of nine buildings and one single-family dwelling/office by Ed Sews, west of Ten Mile and north of Ustick Road. Any staff comments? Stiles: In keeping with the previous motion on Page 19 of the Findings would require a similar change for the Creason Lateral, and then also the one change ( Meridian City Council Meeting November 3, 1999 Page 11 on 21, Item 2.3.5. There's also still reference made to needing a correct legal in these Findings. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I have a procedural question. We just passed Findings and Facts that will get us an ordinance for annexation. Should we wait until that's done before we act on a conditional use anyway? Gigray: Mr. Mayor, members of the Council, you shouldn't grant an order of conditional use permit until the property is annexed into the city, and that's been your procedure. Bird: How long is that going to take? Corrie: (inaudible) for annexation would be how (inaudible). Rountree: Mr. Mayor, I guess more point of process is it requires a development agreement it'd have to be signed before we moved forward, so we probably would - if we tabled this, it would have to be until the first meeting in December which would be the 7th. Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we table Item No.9 until December 7th and while on table, instruct the city attorney to make those necessary changes on Page 19 and Page 21 and get the appropriate information that would correct the legal description. Bird: Second. Corrie: Motion is made by Mr. Rountree and second by Mr. Bird to table Item No. g with the attorney to take the modifications to the Findings of Facts and Conclusions of Law until 1217/99. Any further discussion? Okay. Roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. ( Meridian City Council Me\Jtlng November 3, 1999 Page 12 ( MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER -- BY ST. LUKE'S REGIONAL MEDICAL CENTER AT 520 S. EAGLE ROAD: Corrie: Item No. 10 is Findings of Facts and Conclusions of Law: Request for a conditional use permit for Phase III of St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center at 520 South Eagle Road. Staff, comments? Okay. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order granting conditional use permit to St. Luke's Regional Medical Center. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law on Item No.1 O. Any further discussion? Hearing none, roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 11. CONTINUED PUBLIC HEARING FROM 10/5/99: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD: Corrie: Item No. 11 is a continued public hearing from 10/5/99: Request for annexation and zoning (R-T to R-4) by Charles Crane located at 3610 West ( \ Meridian City Council Met:;dng November 3, 1999 Page 13 Ustick Road. At this time, 1'1/ open the public hearing -- continued public hearing and hear from staff. Staff first, then I'll (inaudible) Stiles: Mr. Mayor and Council, this was continued to give the applicant an opportunity to read through the conditions of approval and discuss the problem we had with the lot split. It's located at - this parcel is just across the street from Englewood Subdivision along the Nine Mile Creek. Here's our Wastewater Treatment Plant up here. They had requested an R-4 zoning and an R- T zoning was recommended by Planning and Zoning. They requested annexation so that they could split this lot, and since that time, we have changed directions on where we go on these one-time splits. We had hoped to get together with Mr. Gigray, Gary Smith and I, to discuss some standards for this one-time split, but we've been unable to do that yet. I guess the - I'd like - if the applicant wants to get up and testify, if he's still willing to go through with the annexation and zoning and has the patience for us to try to work this out so that we could facilitate that one-time split, that's what we're looking toward, but our problem is that we're having parcels split without any notice to the City, without any request, and it's creating a lot of problems for us. Gary and I both agree that we do need some standards for it. It would be nice to be able to do it administratively instead of having to go through subdivisions all the time for some of these smaller lots, but we are just not there yet. Corrie: Okay. This is a public hearing (inaudible). Crane: My name is Charles Crane. I live at 3610 West Ustick Road. I'm the owner of the property. Basically, we've - what started this process was I had a period of unemployment, trying to sell a piece so we can keep our home. So I would want to proceed with this. It's already been four months. We're getting close to - if we don't sell something, they're going to repossess it. So if we can get annexed, whatever procedures the City would require of me to go through, it would be better than losing our home. I know the County and other cities around here have a fast-track procedure for a one-time split, but if Meridian wants me to go through the entire subdivision process, whatever I have to do at this point, I would like to get this done. Thank you. Corrie: Questions, Council? Bird: I have none. Corrie: Mr. Crane, do you have any kind of a concept laid out on that piece of property that you could show us or - Crane: For the split? Corrie: Yeah. ( Meridian City Council MeeLlng November 3, 1999 Page 14 Crane: Yeah. Basically, this triangle, I was going to make a smaller triangle right here just straight back from the road, and this little corner triangle of about two- thirds or three-quarters of an acre is going to be a building lot that I was going to sell. The existing house has been there since the 20s right in this spot next to this corner here. This house and an acre was what we are trying to keep. The other option is to sell the house and an acre and keep the piece of land, and when I get back on my feet, build something there. Corrie: Have you discussed this with Ada County Highway District and did they allow two points of access off that parcel? Crane: I went - there was an ACHD meeting, and they gave staff approval for the development (inaudible) planning people and (inaudible) planning people was a staff level (inaudible) from the Road Department. Corrie: Thank you. Any questions? Bird: I have none. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, just a question: Reviewing the recommendations to the City Council from the Planning and Zoning Commission, you may want to ask Shari and the applicant here about this, 1.1 talks about a restriction that the property could only be split into only two parcels. If you want to have a condition of zoning, we have to do a development agreement. If you're not - if you're comfortable without doing a development agreement, I would say that any split under your existing ordinance is a subdivision and would have to be handled that way anyway. That's - that would be one thing - and whether or not this applicant or the staff have any problems with other recommendations of the Planning and Zoning Commission. Corrie: First ask you that question. Any problems with that? Crane: I'd be willing to enter into agreement for a one-time split if that would help the proceeding. Corrie: Okay. Staff? Stiles: My only question would be the way he has described that having the two houses with frontage on Ustick Road, do you have a problem with that? Corrie: Do you want counsel to have that? Rountree: Is that rhetorical, Mr. Mayor? ( Meridian City Council Meeting November 3, 1999 Page 15 ( Corrie: I'm sorry. I'll open it to the (inaudible) Rountree: Mr. Mayor, as far as I'm concerned, if ACHD has allowed the access, they meet the setback requirements and provide the right-at-way setback that ACHD may need in some future time, it's not the best thing in the world, but if they're in general agreement with it, I don't have a problem with it. Corrie: Mr. Bentley. Bentley: I don't have a problem with it. Bird: I don't have a problem with it. Corrie: Okay. That's the question, Shari. Yours? Stiles: Well, the comments that they've made, the Ada County Highway District, are based only on this application tor annexation and zoning. They haven't approved two accesses to Ustick Road. The applicant is also requesting that he not be required to construct the sidewalk on Ustick which they are asking for. Corrie: Yes, go ahead. Crane: The Road Department, when I asked them about the sidewalk and some of the other requirements, they said that would only apply if it came before their kind of like Commission, like what you guys have, that the staff-level approval that they gave doesn't require those things to be done unless it comes before them as like a subdivision or something that would have to be reviewed. But just a one-time split doesn't go through that. It just goes through the staff-level approval which they already gave. Basically, they said they'd never see me again if all I was doing was a one-time split. Corrie: Shari, comment? Stiles: Could we make part of the development agreement that they share a driveway at least? Crane: Currently, there's two entrances to Ustick Road where the house is. It's a circle driveway that goes around the house. There's actually two entrances currently. If necessary, I guess we could block one off and maybe move it over to the piece of property we were going to split off. There currently is two entrances to the road. There is, I think, 200 feet of road frontage for the corner that I was going to split off, so it has a large section of roadway. The ACHD - there's a -- the Road Department did say something about this subdivision across the street that the driveway, they would prefer it to line up with this subdivision road across the street, so this would - I could enter into an agreement that that would be the entrance way for the property to correspond ( Meridian City Council Met::Ling November 3, 1999 Page 16 ( with this and to match what ACHD said. They said they would prefer to have a 24- to 3D-foot driveway entrance that matched up with the road. I could do that. (inaudible discussion amongst Council members) Corrie: Okay. Any other questions? Bird: I have none. Corrie: I meant of the applicant, Mr. Bird. Crane: Thank you. Corrie: We'll see if we've got anybody else here that would like to talk. Is there anyone else from the public that would like to issue testimony on this request for annexation and zoning? Okay. Any other comments, discussion? Bird: I've got a question for staff, but I'll wait until you close it. Corrie: I'll entertain a motion then to close the public hearing. Rountree: So moved. Bird: (inaudible) public hearing if you want. Corrie: Whatever you want. Motion made to close the public hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Mr. Bird. Bird: Gary, I got a question to ask him. The development agreement and stuff on something like this is split - could we not handle that during the plat - the final plat or the preliminary plat or what, you know, you have to file that with - necessary to drag all those other stuff in for this one deal? Smith: Mayor and Councilmen, I'm not sure I'm the best one to ask that question to for a development agreement. I don't know the statutory requirements as they may be that would require - what would require the conditions. It's my understanding that if it was allowed without the subdivision, that that's what the applicant is desiring to split that piece off. Bird: But wouldn't the plat take care of all these conditions and like the development agreement and all that stuff when you put the - file a plat? ( Meridian City Council M~,-,dng November 3, 1999 Page 1 7 ( Smith: If a plat was prepared, yes. They could be addressed by the plat. Generally speaking. Now, there are some things that are contained in a development agreement that don't show up on the plat such as fencing requirements, that sort of thing, just as an example, does not show up on a plat. Primarily, the plat is a survey document, and a lot of the conditions in the development agreements are just that. They'd be conditions. Not necessarily on the plat. Bird: The smaller one, I was just wondering if we could have less paperwork, less red tape and get it moved through a little faster by not doing that. (inaudible discussion amongst Council members) Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I'd like a question for counsel. What is the best way to proceed with this? Corrie: Mr. Gigray. Gigray: Mr. Mayor, Councilman Bentley, I'm looking at the recommendations to the City Council from the Planning and Zoning Commission, and typically in the development agreements, you can require those as a condition of the zoning designation, and usually you do two things in development agreements. One is you somehow in some of them restrict the kind of use it's allowed within the zone beyond the use that the zone allows. I didn't see any additional restrictions in this recommendation other than the zoning designation of R-2, so if you were going to require a development agreement, in that development agreement you were going to restrict use beyond the R-2 zone, then we would need to have that motion articulated with that additional restriction would be. The other parts of the discussion or development agreement would be conditions of development. That is what conditions would you impose upon this particular applicant in his development of the property that should be placed in the development agreement. A lot of the discussion I heard here in the public hearing seemed to be centered on the issues regarding access, sidewalks and other issues that would be associated with street construction, and those types of matters which, as I understand, are subdivision ordinance as it is today, which would restrict any division of property. So if this applicant sought to even divide this one time, they would have to go through some type of platting procedure, and as I understand the development standards of the City, and in its approval process of plats, that issues with regards to street configurations, location of boundary of each particular plat, areas that would have to be dedicated would be usually conditions of approval of a plat upon recommendation of the Planning and Zoning Administrator, Public Works Department. I think you have to look at this in terms ( Meridian City Council Mecdng November 3, 1999 Page 18 ( of how you see the facts whether you see whether or not you think a development agreement is needed to govern conditions of development or restrictions on uses beyond what the R-2 zone would restrict or allow and beyond what could be done in normal platting process given the intentions of this applicant. Bentley: Thank you, I think. It's an R-4 request. Bird: (inaudible) Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I'm really confused. Bentley: Me, too. Rountree: What we're being asked for is a one-time split. We've done one-time splits historically. What I'm hearing now is we can't do one-time splits anymore without going through the subdivision, preliminary platting, final platting process, so I'm a bit confused there. In terms of what action we would do next, it seems that we would have a finding and adopt whatever conditions of recommendations that have been made to us and instruct staff to work with the applicant to move forward with either a type of plat that would satisfy what we've historically done with a one-time split or we have to instruct the applicant and staff to move forward with the (inaudible) subdivision process. - experienced one thing and I'm hearing another; thus, the confusion. Corrie: Mr. Gigray. Gigray: Mr. Mayor, Councilman Rountree, this issue, as you remember, came to the Council when we had the appeal of the decision of the administrator regarding the Yanke Machine Shop application. I was asked to review that by the Planning and Zoning Administrator. In my reading of your subdivision ordinances (inaudible) allowing one-time splits, it was not provided for in your ordinance. The ordinance is very specific in its definition that any division of any parcel that would have existed, I believe the ordinance was passed originally in 1984 was a subdivision under the terms of the ordinance. As you heard this evening, staff is trying to work on a procedure where the subdivision ordinance could be amended to allow for administrative lot splits to accommodate the kind of thing you're talking about, and I think everyone on the staff agrees that needs to be done. I just have to advise the Council and staff that my interpretation and reading of the ordinance, and that's what it is. I don't know what advice they had before. (inaudible discussion amongst Council members) / \ Meridian City Council Mecllng November 3, 1999 Page 19 ( Bird: I'm as confused as (inaudible). Mr. Mayor. Corrie: Mr. Bird. Bird: Do we have a short plat where we can do a preliminary and final at the same time? That would probably be the fastest route to go, wouldn't it, for the applicant? How do we make that (inaudible) - so we just need to approve the - I've got another question. Corrie: Mr. Bird. Bird: For Mr. Gigray. He's going to research it. If we approve the annexation with the Findings and stuff, then we have to go through the final - the whole conditional thing, so why can't we just without the conditions and then find it, and it'll take care of itself when it goes into the plat thing? That's the question I got for - I just want to help the gentleman get his problem solved. We might get you screwed up, but we'll try to help you. Corrie: Be a party to a bankruptcy here. Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I think the only real decision you have to make this evening is whether, obviously, whether or not you want to annex and you want to give it this zoning designation, you want to do the R-4 as they requested or do the R-2 as recommended by Planning and Zoning. The ordinance on subdivision will take care of itself, and there is one provision here, and Gary reminded me and we're aware of it, where he may be able to apply for some relief from having to go through the whole platting procedure. I think the thing that you've got to decide is do you want any conditions on this annexation and zoning that would be in a development agreement to assure whatever results came out of the division of that property and its use that you needed to have in a development agreement that you wouldn't have without it, because if you annex without a development agreement, then they're just subject for the general terms of the ordinance in which they're zoned. There's no other restriction on use, and there'd be no restriction on development other than what your other ordinances provide. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have Findings and Facts and Conclusions of Law prepared for the annexation and zoning request from Mr. Crane in that annexation and zoning - *** End of Tape 1 *** ( Meridian City Council Me-t::llng November 3, 1999 Page 20 I would have the request made by the applicant from R- T to R-4 be to an R-2 zoning and that the Findings also incorporate the recommendations provided to the Council from Planning and Zoning. Bird: Second. Corrie: Okay. Motion by Mr. Rountree, second by Mr. Bird to approve the request for annexation and zoning with the stipulations as stated in the motion and to have the Findings of Facts and Conclusions of Law drawn up by the attorney. Any further discussion? Okay. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 12. CONTINUED PUBLIC HEARING FROM 10/5/99: REQUEST FOR CONDITIONAL USE PERMIT FOR A 96 UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORA TION/IONIC ENTERPRISE, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Item No. 12 is a continued public hearing: Request for conditional use permit for a 96-unit apartment complex (proposed Cobblestone Village) by Stamas Corporation/Ionic Enterprise, Inc. At this time, I'll re-open the - continue the public hearing on Item No. 12. Staff? Stiles: I really don't know what's going on with this. I guess Bill's raising his hand. Corrie: Okay. Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I believe the hold-up on this particular matter is not so much with conditional use permit which I believe is being continued because of the fact that the earlier action which I believe has to do with the development agreement and annexation is the fact that the corporation, Ionic, which is supposed to enter into the agreement, is still not qualified to do business in the state of Idaho, and we've just held this until they were provided with proof that they had appropriately registered with the Secretary of State because you can't do business as a corporation unless you're so recognized, and so I have not - I double checked the file before coming to the Council this evening, and we still have not yet received that proof. I believe the hold-up, the information that we've received was that the president of the corporation's a California corporation was out of the country or something and wasn't returning until sometime in late October, and probably hasn't got it done yet. ( Meridian City Council M~eting November 3, 1999 Page 21 Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we table - continue the public hearing for conditional use permit for a 96-unit apartment by Ionic Enterprise until 11/16/99. Bird: Second. Corrie: Okay. Motion is made by Mr. Bentley, seconded by Mr. Bird to continue the public hearing on Item No. 12 until 11/16/99. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 13. PUBLIC HEARING: REQUEST FOR RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 13 is a public hearing: Request for reconsideration of a preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC. At this time, I'll open the public hearing. Mr. Gigray. Gigray: Mr. Mayor, members of the Council, just a point of procedure, I reviewed the notes concerning this particular matter and the various motions that were made, and I, to assist the Council in this regard, it's my opinion in reading those that actually no motion concerning this matter ever passed. The motion that did pass was to continue the public hearing, and I think that at least from my standpoint as I would prepare Findings if you reach some type of conclusion would be just to show this as a continued public hearing if that's agreeable with the members of the Council. That's how I see the minutes as I read them. Corrie: Okay. Then Item 13 will be a continued public hearing rather than public hearing. Same thing, but it's continued. Staff) any comments? Stiles: Mr. Mayor and Council, my recollection of what happened was the public hearing was closed, the plat was denied, and after that happened, the applicant's representative got up and gave additional testimony that the rest - the people that were in opposition to the project, they had already left because the public hearing was closed. I think that was why the public hearing was re-noticed so that those people would get notification of this public hearing so that the applicant's representative could bring forth any new testimony that they had since the public hearing was closed. We probably should be acting on the Findings on the annexation and zoning prior to any action on the plat. ( Meridian City Council Met:::clng November 3, 1999 Page 22 ( Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I just reviewed the minutes before coming here, and as I read them, it appeared to me the motion that was made by, I think it was Councilman Bird, didn't pass. Then there was a discussion, then it was finally determined to continue the public hearing for more information. But be that as it may, you all decide how you view that. I just wanted to make comment, I think, since you continued the public hearing, you could proceed to take testimony on - then we can deal with that. Corrie: Is the applicant here this evening? Becky. Bowcutt: Also, I apologize for my attire this evening, but I don't have anything that I can coordinate with this that's dressy. Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. Just to refresh your memory, we did hold the public hearing on the annexation and the rezone request to R-4. I submitted my testimony. Mr. Stoppello submitted his, and we did have opposition from the Los Alamitos Subdivision residents and the President of the Association. Their main concerns was issues of liability and traffic. Then the motion was made to approve the annexation and rezone and adopt appropriate Findings. I believe in the motion they removed condition requiring a pedestrian access to the Ridenbaugh Canal. That was supported unanimously. At that time, Councilman Anderson did not state that I will support the motion; however, I have some reservations or concerns about the development. So when the preliminary plat was opened up, I basically asked that my testimony on the annexation be submitted for the preliminary plat also. Obviously to save time because the hearings have gone quite long. The opposition did get up. I believe the President of the Association got up, made a couple of comments, and then the vote was taken to deny the plat. What I was puzzled about is the annexation was kind of tied to the plat, and so I wasn't sure what had transpired, but I came away confused. I did jump up. I did ask for reconsideration because if Councilman Anderson, Councilman Bentley had some concerns and wanted additional information to make a decision upon this project, then I wanted an opportunity to submit that. That's why I'm here this evening. I did get a letter from Ada County Highway District. I don't know if Will distributed that to everyone. Will, did - I faxed it to Will this morning. Yes. I met with Ada County Highway District, Dave Slatt (sic), Christy and Steve Arnold. I went over the concerns that the Council had brought up and the concerns of the neighborhood. They generated this letter. Basically what it states is these two stub streets out of Los Alamitos must be continued into this project. The extension of these roadways does not exceed capacity of the local streets in Sherbrooke Hollows or Los Alamitos, and that staff supports the proposed layout without any additional, unnecessary stub streets to the west. I did bring some maps for you to make it a little easier. On the overhead you can't really see where the traffic's going because it's cut off. These are maps that let you view from Locust Grove to Eagle Road and out to Victory. They're too big for an overhead, so - If you noticed on that map, the Meridian City Council MJ",...19 November 3, 1999 Page 23 project in question has the black line around it. As you can see, the stub street to the south in Sherbrooke Hollows has a pretty direct path out to Victory. Also, it has a pathway out to Locust Grove. So there are three points of possible access through Sherbrooke Hollows and then there are these two stub streets that will lead to one access up here going out to Locust Grove. There's also the potential for traffic to split and go out to the east through the vehicular bridge over the Ridenbaugh and get into Thousand Springs. It has always been important that we make some type of connections to these public streets. This particular section with that vehicular bridge being in the middle of the section provides many options. This parcel is a small parcel. We're talking 32 single-family lots. The density of this project is less than Los Alamitos. It is comparable or less than Sherbrooke Hollows, and consistent with Thousand Springs. The fears that they neighbors had was that all the traffic would use their streets. According to Ada County Highway District, that is not correct. If people, depending on which direction they're going to go and where they live within this Tarawood Subdivision, they're going to take multiple routes. Accesswise, this property has with the three stub streets, a lot of different options. This was the traffic study that was done on Sherbrooke Hollows. Since then, we came in with that Sherbrooke Village which brought this street straight down. It was estimated this project would dump up to 300 trips per day into Sherbrooke Hollows. That was based on the traffic engineer's estimate. You - the average single-family dwelling generates up to 10 trips per day, and so that'd be about 30 homes. The other thing I wanted to bring to your attention that I brought up the fact that the bridge was not a good idea over the Nine Mile drain, and was the difficulty that we have had in the past dealing with the Army Corps of Engineers and the EPA. This is a letter I got from the EPA, and it took me over a year to be able to pipe a portion of that Nine Mile drain, and I would just like to read this to you: "The Environmental Protection Agency strongly objects to the proposed elimination of this reach of Nine Mile Creek. Despite the existing degraded condition of this stream, there are opportunities to improve the condition of this stream as long as it remains an open channel. Putting the stream into a pipe forecloses these opportunities." We spent hours and hours and hours with these EPA guys on just a pipe. This wasn't even the big drain. This was just a little ditch that fed the Nine Mile drain, but because on the map it said Nine Mile Creek where this little tiny ditch was, we fell under Army Corps jurisdiction. I'll submit that for the record also. We would have to, in order to cross that creek with a bridge, we would have to deal with Army Corps of Engineers, Environmental Protection Agency, Fish and Wildlife Service, we have to deal with Nampa Meridian Irrigation District. There is a whole regiment of agencies that we must go through, and they must all consent to the structure that we intend to put into these facilities, and that was my problem here. Everyone consented except for the EPA, and it took us many, many months of discussions and trying to find alternatives, and when we could demonstrate that we had no alternatives, they finally went ahead and approved our project. The other thing I'd like to mention was the issue of pressure irrigation that was brought up. We will not be connecting to Los Alamitos' pressurized irrigation pump station. I have met with Nampa Meridian Irrigation /~ { Meridian City Council Mebdng November 3, 1999 Page 24 District. They indicated to me that that system is at capacity. There are problems with that system, and they said the problems are due to the fact that the engineer, the previous engineer, who designed it, we did the last phase, but the irrigation design was done prior to us working on the project, did not loop lines. There are many dead-end lines within Los Alamitos Subdivision. Those dead-end lines are causing problems with pressure. So that is out of the question as far as any irrigation for this particular project. We have two options according to Nampa Meridian: Go in and upgrade the pump station for Sherbrooke Hollows and Thousand Springs; that would require bringing three- phase power into it or, two, have an independent pump station for this development. Those are the two options. We have adequate water sourcing for that. It's just a matter of which way Nampa Meridian determines they want us to go. What was the other - the other issue was the issue of liability. It was stated that the Los Alamitos had concerns that if our traffic went through their development, a car accident happened, that they could have liability problems. According to the Ada County Highway District, that is ridiculous. They said that should have no bearing. The last issue that was brought up was the issue of schools. A letter was sent by Mr. Carberry. It talks about the overcrowding that's taken place in the schools at this time. Mr. Carberry says these are their new letters. They neither approve developments nor do they recommend denial. They're giving us the facts. He is stating that the schools out in this vicinity, especially Mary McPherson is over capacity. They're trying to get a new site right now. I've been working with them. They want a site south of Victory, but we've got to figure out how to get sewer to it because the Nine Mile trunk is at capacity. So that is an issue. The high school site, they believe they're going to build that within a couple years. The middle school will have some relief in the fall of 2000 with the new one east of Eagle Road. So we are making headway. But these types of letters - we're going to see a lot more of them because this situation is pretty much the same for most projects in the Meridian area at this time. We're asking you to approve this project. We feel it's a good project. It is an abnormal parcel; it is in-fill. We've done the best we can with what we have to work with and the limitations. To put a bridge either to the west or to the east doesn't make any economic sense, and the Highway District says they will not support it. Do you have any questions? Corrie: Council? Bird: I have none. Corrie: All right, Becky. They don't have any questions. Bowcutt: One thing I did forget, the applicant did meet with Shari, and he and Shari did come to some agreement on pedestrian access. Just for the record, Nampa Meridian has an easement here where the small drain turns into the big drain, and he's agreed to grant a pedestrian easement across the back, and there's also a Nampa Meridian easement here. We grant an easement back ( Meridian City Council Meellng November 3, 1999 Page 25 ( here and link in with this pedestrian pathway that's already in existence, and that 1 Q-foot easement would link to that. So we would not have a new point of access to the Ridenbaugh, but we would merge our access with this one, and that would put it right at the vehicular bridge. So we will provide easements for that access, and then if that bridge ever came in, you could walk back behind here and then you could go down the Nine Mile drain. Bird: That's your complete south - make the - across the whole south? Bowcutt: Yes, sir. Linking right into this pedestrian path. Run the south boundary. Bird: And no more to the Ridenbaugh? Bowcutt: No. We would not have a separate access to the Ridenbaugh. No, sir. Bird: Okay. Corrie: No questions. Bowcutt: No questions? Corrie: Nope. Anyone else here tonight that would like to issue testimony on this request? Okay. Hearing none, I'll entertain a motion to close the continued public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the continued public hearing regarding the preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC. Bentley: Second. Corrie: Motion is made and seconded to close the continued public hearing on Item No. 13. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion? Bentley: Mr. Mayor. Corrie: Mr. Bentley. ( Meridian City Council Metalng November 3, 1999 Page 26 Bentley: Would - question for counsel. Would this require new Findings? Corrie: Mr. Gigray. Gigray: Mr. Mayor, Councilman Bentley, we do Findings on preliminaries. We don't on finals. Bird: This is preliminary. So we would have to have Findings. Gigray: The Findings that we do are simply to try to follow the provisions of your ordinance with regards to preliminary plats and the conditions preceding to granting them and including the conditions imposed in granting a preliminary plat if you grant it. Bentley: My question was because of the new testimony brought forth whether we should have some new Findings. Gigray: There have been none prepared. Bentley: Thank you. That's alii have. Corrie: Any other discussion? Bird: I have none. Corrie: Okay. The Chair will entertain a motion - Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we direct the attorney to Findings of Facts and Conclusions of Law and Decision of Order for Tarawood Subdivision by Michelangelo Investments, LLC and approval. Bentley: Second. Corrie: Motion made by Mr. Bird, second by Mr. Bentley to have the attorney draw up the Findings of Facts and Conclusions of Law on the Order in the affirmative. Any further discussion? Bird: I have none. Corrie: All those in favor of the motion, say aye. ( Meridian City Council Medring November 3, 1999 Page 27 ( MOTION CARRIED: ALL AYES ITEM 14. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 14 is request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC. Staff, any comments on the Findings of Facts on this one? Let the record show she held her finger up for one minute, please. Okay. (inaudible) Stiles: Mr. Mayor and Council, if her previous proposal is accepted to do away with the pedestrian walkways that we had previously requested, on Page 6 of the Findings, Item 15.12, that would need to be deleted. Corrie: 15.12 on Page 6. Stiles: And also Page 14, Item 3.12 would need to be deleted, and we'd also like to add the condition that a common lot be provided along the entire southern boundary of the property. Thafs alii had. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law, request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments with the following additions: On Page 6, 15.12 be deleted; Page 14, Item 3.12 be deleted; and with the addition that a common lot be provided on the entire southern boundary. That's it. Rountree: Second. Corrie: Motion by Mr. Bentley, second by Mr. Rountree to approve the Findings of Facts and Conclusions of Law for the request for annexation and zoning with the additions stated by Mr. Bentley for Page 6, Page 14 and the common lots. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Yes. I \, Meridian City Council Meeting November 3, 1999 Page 28 Bentley: I move we take a 1 O-minute break. Bird: I will second that. Corrie: We'll take a 10-minute recess. Be back at 10 minutes after 9:00. (Where upon meeting was in recess at 9:10 p.m.) ITEM 15. PUBLIC HEARING: REQUEST FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN AN I-L ZONE BY FOOD SERVICES OF AMERICA: Corrie: -- City Council meeting and open the public hearing for Item No. 15 as request for variance to allow building height of 43 feet in an I-L zone by Food Services of America. I'll open the public hearing and invite staff comments first. Stiles: Mr. Mayor and Council, staff did not prepare any comments on this. They are requesting to go to 43 feet. There's a 40-foot maximum limit in the I-L zone, and we have no problems with their request. Corrie: All right. Thank you. I'll - since this is a public hearing, invite the applicant to speak first. Have your name, please, and spell your last name, Avery: Mr. Mayor, Council, may name is Gene Avery, A-V-E-R-Y. I represent Food Services of America. Currently, our warehouses are at 40 feet. We're requesting a three-foot variance. This will allow us to have 50 percent more storage space with the advanced technology that we've had in the last few years. It will avail us to have 50 percent more storage. Rather than spreading the warehouse up for three feet extra, we have a 50 percent more storage area. That's why we are requesting the variance. Any questions? Corrie: Any questions, Council? Bird: I have none. Corrie: Very good. Thank you. Avery: Thank you. Corrie: Anyone else from the public like to issue testimony on Item No. 15 for the request for the variance? Okay. Hearing none, I'll entertain a motion to close the public hearing. Bentley: So moved. Bird: Second. ( Meridian City Council Meetlng November 3, 1999 Page 29 Corrie: Motion made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council. Bentley: Mayor. Corrie: Mr. Bentley. Bentley: Question for staff. Kenny. Do you have any problems with this from the fire side? Bowers: Mayor Corrie, City Council and Mr. Bentley, we do not have a problem with this as long as it meets Uniform Fire Code. I do know - we do have other buildings that are taller than this. Bentley: Thank you. That's alii have. Corrie: Any other questions, discussion? Bird: I have none. Corrie: All right. I'll entertain a motion on the variance request. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have Findings of Facts and Conclusions of Law and Decision of Order prepared for the variance request with a favorable decision. Bentley: Second. Corrie: Okay. Motion is made and seconded that we have the attorney draw up the Findings of Facts and Conclusions of Law with a due-pass recommendation. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 16. PUBLIC HEARING: REQUEST FOR VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET) BY PIPeD, LLC: ( Meridian City Council Mect.lng November 3, 1999 Page 30 Corrie: Item No. 16 is a public hearing. It's a request for variance of the east side yard setback (reduction from 1 0 feet to 7 feet) by Pipco, LLC. At this time, I'll open the public hearing and invite staff comments. Stiles: Mr. Mayor and Council, Becky's going to have to address this. I didn't quite understand from the application what it is they're requesting. The fence is off, apparently, by seven feet, and since it's been in that location for a number of years, the property owner adjacent to them is unwilling to go with the actual surveyed property. What Becky is telling me is that they are asking for a reduction from a 1 Q-foot setback on the east boundary to a 7 -foot setback. Corrie: Okay. This is a public hearing. Ms. Bowcutt. Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. Just to refresh your memory, that Seabury Subdivision that I brought through, it was some four -plexes. This was an existing R-15 zone just to the north of it. This is an out-parcel here, and it's on Broadway. That parcel you see in red is vacant. They intend to build a multi-family dwelling on that property. One of the problems that we found out in that area is all the fences are off by seven feet approximately. Somewhere down the line, many, many years ago, a surveyor or a property owner or somebody got off, and it was perpetuated all the way down. What we have happen is the adjoining property owner on the east - on the west side of it - is it the west side? The west side of us. Her carport overhangs onto this property, and her fence encroaches into this property. So what we're asking for is a reduction in the side yard setback on the east side from 10 to 7, so a deviation of 10 feet, in order to move - so we don't have to disrupt her fence, her carport, because that's her main concern. She wants the property as it. Now, on the east side, the fenceline is seven feet over. So technically even though we would be getting a variance, when you look at it in the field, it would appear that we were closer to the property line than is allowed by the zone. Am I being clear? This is a very strange one. I have talked to other surveyors out in this area. I did get another call from another neighbor, and the same situation on down the street. The - our survey department said the only way to solve the problem is probably for someone to take the initiative to do a record of survey on all of these parcels and try to get everybody's property line matching up with the fences, and do like a property-boundary adjustment all the way down the block. That's the only way to clean it up. But we have an issue of like adverse possession because these fences have been there for so long, so to go and tell people what they thought was their property for many, many years it's not is going to be hard, so that's why we would recommend lot-line adjustments to clean up the problem if the neighbor of if these residents want to do that in the future. That's their only option. This solves the problem at hand for us at this time. That's why we're here tonight asking for the variance. Corrie: Okay. Any questions? (- , Meridian City Council Meeting November 3, 1999 Page 31 Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Are you actually then going to change the legal description to reflect that? Unless you change the legal description, you're - no matter where the adjacent property owners' buildings are, you're still within ten feet -- Bowcutt: So your question is - Rountree: -- of the legal boundary. My question is why are you here? Bowcutt: Why are we here? Rountree: Unless you're going to change the legally described boundaries. Bowcutt: Because in order to change the boundaries, we have to get cooperation from all the adjoining property owners. Rountree: No. That's not my question. If your description is such that where you build the building allows you 10 feet to your described property line, you're within and you're consistent with the ordinance. Bowcutt: But in order to meet that, I would - I'd have problems with the carport on the west side. Rountree: You'd have seven feet between the two. Bowcutt: I can't - I can't get the building in there with the carport and the fence. I see what you're getting at: Why am I here? I'm here to try to find a compromise with the property that has an encroaching carport and fence. So what I'm asking for is on the other side of the property, I want a three-foot deviation. Rountree: On the other side of the property? Bowcutt: Correct. Yes, sir. On the other side of the property so that my building would slide away from her carport. That's what I said in the field - when you look at the fences, it would appear that I meet the setbacks. But in reality as far as where the property line is of record, I would be encroaching three feet. Rountree: Okay. All right. Corrie: Mr. Bentley. Bentley: She answered that. Thank you. ( Meridian City Council Meb-L,ng November 3, 1999 Page 32 Corrie: That answered the question; we were on the wrong side of the fence. Thank you, Becky. Anyone else from the public like to issue testimony on this variance request? Okay. Hearing none, I'll entertain a motion to close the public hearing on item 16. Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item 16. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Any further discussion? Rountree: I have none. Other than I don't see any difficulty with this. Bentley: I don't either. Corrie: I'll entertain a motion on the request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we get Findings of Facts and Conclusions of Law on Decision of Order regarding a favorable motion for the variance on the east side yard setback reduction from 10 feet to 7 feet by Pipco, LLC at the site on West Broadway and west of 4th Street. Bentley: Second. Corrie: Motion has been made and seconded to request the attorney to draw up the Findings of Facts and Conclusions of Law with a favorable vote for the Item No. 16. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Now, we're going into here the public hearings for the Comprehensive Plan Amendment. So what I would like Council, if they would be so inclined, we will take 17, 18,21,22,23,24 and 25 in that order and hold Item 19 and 20 until after that's done. If the Council would like, they can open each one separately, hear it, and do the Findings of Facts and come back for the 16 (inaudible) ( Meridian City Council Meeting November 3, 1999 Page 33 ( Bentley: I haven't any problem. Bird: I have no problem with it, Mayor. Rountree: Sounds like a plan to me. ITEM 17. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY J-U-B ENGINEERS, INC.-WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK: Corrie: Item No. 17 is a public hearing: Request for Comprehensive Plan Amendment to change land use from single-family residential to mixed/planned use by J-U-B Engineering, Inc. So I'll open that public hearing on Item No. 17. Staff, any comments? Stiles: Mr. Mayor and Council, we have no additional comments. Nancy Taylor from J-U-B did leave because she thought that these were not going to be heard tonight. Rountree: Who? Stiles: Nancy Taylor, the representative. We had no particular problem with that designation there. They'll all have to come back in for annexation and zoning and conditional use permit. Corrie: All right. So, Mr. Counselor, do we continue this one, then? Gigray: Mr. Mayor, members of the Council, J-U-B is the applicant. I guess the question is whether or not anyone here, anyone else is here to testify on this matter, and I guess it depends on what your ultimate decision would be. If you're inclined to grant this, I don't know that they'd have any prejudice by leaving. That'd be a judgment call on your part. If you wanted to be very technical, I guess, you would continue it because of that information. Corrie: Thank you. Is there anyone else in the public like to issue testimony on Item No. 17? All right. I guess the question would be any of you have any problem with that request to change land use from single-family residential to mixed - Bird: I sure don't. Rountree: I have no discussion during the public hearing. ( Meridian City Council Meeung November 3, 1999 Page 34 Corrie: I'll entertain a motion to close the public hearing. Bird: So moved. Bentley: Second. Corrie: Motion made and seconded to close the public hearing on Item 17. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I guess we could do the motion right along with each one. Okay. I'll entertain a motion, then. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request - get the Findings of Facts of Decision of Order request for Comprehensive Plan Amendment to change land use from single-family residential to mixed/planned use by J-U-B Engineers and incorporate west of Eagle Road between Fairview and Ustick. Bentley: Second. Corrie: Okay. Motion made and seconded to approve the attorney to draw up Findings of Facts and Conclusions of Law with approval on Item No. 17. Any further discussion? Roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES Bentley: Since we told the gal from J-U-B, are we just going to notify them so they don't have to make a trip back here? Or are we going to go ahead and - I would prefer you do that. There's no sense in her coming back. Berg: Mr. Mayor, members of the Council, you'll have Findings prepared for the 16th; is that correct? We'll be notifying them and telling them that the - ( Meridian City Council Meeting November 3, 1999 Page 35 ( Bentley: Yeah. I just meant to let them know that we've already gone ahead and approved that one so she's aware. Berg: I can make that contact tomorrow. Bentley: Thank you. ITEM 18. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REAL TV CORPORATION/DAKOTA COMPANY-SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Item No. 18 is a public hearing: Request for Comprehensive Plan Amendment to change land use from 12.3 acres from single-family residential to commercial by Developers Diversified Realty Corporation/Dakota Company. I'll open the public hearing. Staff, any comments? Stiles: Mr. Mayor and Council, the applicant has requested changing from single-family residential to commercial. I'm not sure how we can work this. Our current Comprehensive Plan requires that all uses in the mixed/planned use area require conditional use permits. If this is approved to commercial, we would ask that there also be incorporated in the text that this particular project would require conditional use permit. Corrie: All right. Stiles: And it will require platting. Corrie: Okay. Any questions, comments? Okay. Since this is a public hearing, request the applicant first. Durkin: My name is Larry Durkin. My address is 380 East Park Center Boulevard, Suite 100, Boise, Idaho. I'm just a little bit confused. Are we going to have a public hearing on this matter or not? Corrie: You're in it right now. Durkin: If you look at the agenda for tonight, I think it would be clear that this Item and the next item and the next item are related. I have a presentation and in interest of time, I've kept it brief, but it's - they're all related. I'd like to just go through the presentation, and I may mention annexation, I may mention rezoning in this, but it will keep the other matters when we get to those brief, if that's all right with everyone. ( Meridian City Council Meeting November 3, 1999 Page 36 Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I have a question. You said this item, the next one and the next one. Are you talking 19 and 20? Durkin: Yes. Bentley: Okay. Durkin: 18, 19 and 20 are all related to the same issues, the same matters. Bentley: I was just trying to get it straight for the record, because we said we were going to skip over 19 and 20. But you're going to address those, 19 and 20, now? Durkin: They're in my prepared presentation, and then I'll re-address them again if you'd like. Bentley: That's fine. I just wanted to have it clear for the record when we type it. Thank you. Durkin: Thank you. I am the President and the owner of Dakota Company, Inc., a Boise-based development company, and I'm here tonight on behalf of the applicants, Developers Diversified Realty. There's a couple things that I'd like to make clear for the record in the interest of clarity. These points relate to all three applications you discussed a moment ago. I've gone through this same text during the Planning and Zoning Commission hearings that we've had on this application. We have changed the name of the entire shopping center from the Family Center at Meridian to Meridian Crossroads. So when I use the term Meridian Crossroads or the Family Center or the Family Center Meridian, I just want the record to reflect I'm talking about the same property. Last year we began the City approval process for the development of the shopping center. That is now well underway. It's - this turned out to be a six-month process, but we did gain your approval for a conditional use permit, and as you know, some of the stores are now open. The two major concerns that we faced were the potential for noise problems and traffic congestion. We conducted several traffic studies and concluded that the highway and streets were suitable for the center. In addition, we agreed to add turn lanes, stoplights and to set aside some land for future road widening and overpasses. We conducted a noise study - we hired an outside consultant to conduct a noise study, and we spent a lot of time adjusting the site plan and making other modifications to ensure that the noise from. the operation of the center wouldn't -- (" -- Meridian City Council Me\eung November 3, 1999 Page 37 *** End of Tape 2 *** the land that we now have as part of the shopping center. I'm going to walk over - Shari, do you have a slide on that? Stiles: Which one? Durkin: To give the members of the Council and the public the bearings here, this is Fairview Avenue. This is Eagle Road. This is the Shopko store as it now exists. We have building permits for this phase and will begin construction of that soon. We either have building permits or expect to have them shortly for this end of the development. All of the improvements from Records Drive which is here with the signal around to Presidential are installed or being completed at this time. What we're talking about in the Comp Plan change is this area in white that is now a turf farm and a landscaping area. This is an existing, occupied cemetery to the east of that. There's a street here that is Ventura Street; it intersects with Fairview. Our submittal to ACHD is to continue that - it will eventually continue into the east side of the Crossroads Subdivision area. We are going to talk about a Comp Plan change for this piece of property which is designated single-family residential. We're going to talk about annexation of this piece of property tonight from the county into the city. Then we are going to talk about a rezone of this property. This property is now zoned I-L-L. It's called I-L. Oh. 1-L. Our plan is to combine this so that it's all the same zoning and when we go through the platting process and conditional use, this will become one parcel. So the reason we're requesting the rezone is so that these will share the same zoning. You may recall that when we went through the process on this, the zoning allowed a shopping center with the conditional use, but we feel that it's better to have the adequate zoning on this parcel so - there's three things we're going to talk about tonight. Camp Plan change for this parcel and annexation and zoning for this parcel and then a rezone for this parcel. Why are we asking for this change? Do we really need more space? Let me answer these questions before I go into the viability of the residential use for this property as it's now designated. We're asking for a change in order to add a tenant to the shopping center that from a size and scope standpoint, cannot be accommodated elsewhere in the shopping center. This tenant will build a store that will bring many benefits to the shopping center and to the City of Meridian including groceries. We've really had many calls from a nearby residence requesting grocery stores, and now we have one ready to go forward. We will meet the screening criteria and the landscape plan for the entire project. In fact, Tom, I'm just going to ask you to put up the other - just put that - this plan that Tom has just put up represents a blow-up of that portion that is, again, the white area is the area that we are doing the Comp Plan change request. That annexation and a gray area is the rezone area. We have - we're submitting plans and we submitted them landscaping really matches the existing center with a couple of changes; the buffer area to the south is wider, and the. buffer area, that berm area along Fairview Avenue is wider. But the development will, from a ( Meridian City Council Mee;'ing November 3, 1999 Page 38 screening standpoint, the masonry wall will continue all along the south and it's indicated on the plan, and, again, it'll continue along the east boundary all along the new street. As you can see from our application both here and to ACHD, we have no access on the new street. All the access will be controlled through the existing improvements on Records Drive which is now a signaled intersection, and the access points onto Fairview Avenue. The loading for this center will not back up to any existing or any future single-family homes. What loading they will have will back up to a cemetery that will be well-screened. The comments in the staff report about the operation possibly interfering with services at the cemetery, the cemetery people are in support of this application. We worked out a screening plan that they're pleased with. We'll be presenting that further in the conditional use permit process. But remember, the two major concerns that we had before, noise and traffic. From a noise standpoint, this is a drastic improvement from anything that we now have approved on the gray area of the plan. I'd like to just talk a moment about traffic. Tom, could you hand out the letter that Patrick Dolby letter and the other - those two. I have a handout here. They may be stapled together. There's a letter - well, let me remind you first. We now have the approval in hand to build about 100,000 square feet on the gray area of that plan. What we intend to do is add 12 acres to the site, yet add an additional 100,000 square feet overall. We, through our earlier approval process, submitted traffic studies that were reviewed and approved by this group. We did an amendment to that just indicating what the traffic impact would be for this new store, and it's really insignificant. The new store, by building a 200,000 square foot store here, according to the traffic study, it adds 2,000 vehicle trips a day which is 1 ,000 cars a day to that area. There's some discussion in this letter, and I'm talking about the Patrick Dolby letter, not the ACHD letter that you were just handed. There's some discussion about where that traffic will come from. Then second letter that you have is a letter from David Slatt (sic) from ACHD agreeing and approving the amended traffic study. Should we fail to accommodate our Comp Plan change, annexation and rezone change, this tenant would go somewhere else in Meridian or west Boise resulting in shoppers coming here for one thing, leaving the center and going somewhere else - maybe across the street, maybe across town - to shop at their store. This results in much more travel, not less travel. We - if we were denied these requests, we'd still go forward then and build the 100,000 square feet of development that we now have approved, and you'd have an additional 200,000 someplace else. We think this is a real improvement. The property is designated along with the cemetery as future single-family residential. I think it's doubtful that the cemetery, which I mentioned earlier is occupied, will be moving. We (inaudible) small strip of property that's between the shopping center and the cemetery. The Comprehensive Plan now recommends commercial development occur along streets with major traffic. I think everyone would agree that Fairview meets that criteria. The center is being built to handle this traffic. The off-site work or the work on the ACHD property will be completed by us well in advance of our opening. Other areas in the city face problems with traffic; I read in the paper everyday about areas in Meridian where maybe the planning wasn't great ( Meridian City Council Meeting November 3, 1999 Page 39 and the traffic is now becoming a problem. This entire project is well-planned and set up to accommodate increases in the future. As the traffic increases, it's doubtful that the land that we're talking about on the Comprehensive Plan area will develop into single-family. However it develops, if it weren't developed by us, there would be access on Ventura Street without the benefit of a light that we have on Records Drive. In short, the designated use is not likely to occur. Our plans will enhance our shopping center, will bring substantial revenues to the city, will put no significant burden on the roads, schools, parks or utilities, and will improve the layout of the buildings and the overall shopping center. I'd like to request that you approve our request for a Comprehensive Plan change, and I further will be requesting that you approve our request for an annexation and a rezone of the Parcel 5 or the gray area there. After seven months of public hearings and meetings, we are anxious to proceed and go forward. We have read the Findings and we, in our application, had requested that you put the burden on us to go through conditional use process with this land and a development agreement. We're in full agreement to that. We mi,ght only add that the Findings as I read them here, I would assume would be modified with the final outcome of a conditional use permit with the City, but what I've shown you tonight, what I've submitted in the past and what you have in Will's office back here are exactly the same, and that's our full intention of what we plan to develop. IJII happily answer any questions. Corrie: Questions? Bird: I have none. Corrie: Okay. Thank you. Appreciate your presentation. Is there anyone else from the public that would like to issue testimony on this request for Comprehensive Plan Amendment to change land use from single-family residential family to commercial? Okay. Hearing none, )'11 entertain a motion to close the public hearing on Item No. 18. Bird: So moved. Rountree: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 18. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion on the request if we have no further discussion. Rountree: Mr. Mayor. Corrie: Mr. Rountree. ( Meridian City Council Meeung November 3, 1999 Page 40 Rountree: I move that we have city attorney prepare Findings of Facts and Conclusions of Law and incorporating recommendations from Planning and Zoning and that they indicate the testimony presented here this evening as it relates to the applicant agreeing to the requirement of a CUP for any development in this area along with development agreement. Corrie: Okay. Bird: Second. Corrie: Motion is made and seconded that we have the attorney draw up Findings of Facts and Conclusions of Law and recommend to the Planning and Zoning and CUP and development agreement on Item 18. Any - Mr. Gigray. Gigray: Just a point of information for the Council. Given the motion, and I assume if it passes, I will provide in the Findings which you'll get a chance to look at, that those - that the development agreement and the CUP will follow in those applications because our legal authority to require development agreement will be in the rezone designation portion. I think that's basically kind of how it was handled by the Planning and Zoning recommendations, and I intend to follow that lead if that's agreeable. Rountree: That's fine. Corrie: Any further discussion? Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 21. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT/BILL CLARK -SOUTH OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD & CLOVERDALE: ( Meridian City Council Meellng November 3, 1999 Page 41 Corrie: We'll move to 21 and we'll come back to 19 and 20 then. Item 21 is a public hearing: Request for Comprehensive Plan Amendment from single-family residential to mixed residential for Terrace Lawn Memorial Gardens, Inc. by Clark Development/Bill Clark south of Fairview Avenue between Eagle Road and Cloverdale. At this time, I'll open the public hearing on Item 21. Staff, comments fi rst? Stiles: Mr. Mayor and Council, I think these people also left as they were told this was going to be continued. Corrie: Okay. Stiles: The Findings that were prepared that would need to reflect that this is for Clark DevelopmentfTerrace Lawn instead of J-U-B Engineers. I don't find in these Findings that we would support a mixed/planned use development but not the mixed residential as we have zero standards for mixed residential. We don't even have a definition for a mixed residential area. It does list our comments, but in there, in Conclusions of Law, it's not specific that it is designated mixed residential - mixed/planned use development into the mixed residential they requested which I believe was what Planning and Zoning Commission approved. This application would also require a plat to be prepared. It's all part of the same parcel as the previous application. Corrie: Okay. Any questions to Shari? Bird: I have none. Corrie: This is a public hearing. Anyone else that would like to issue testimony on this request for Comprehensive Plan Amendment, Item 21? Okay. Hearing none, I'll entertain a motion to close the public hearing on Item 21. Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item 21. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion? Bird: I have none. Corrie: Okay. I'll entertain a motion then for the request on Item 21. ( Meridian City Council Meel."lg November 3, 1999 Page 42 Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have Findings of Facts and Conclusions of Law to reflect the recommendations from Planning and Zoning and the recommendations from the Planning Administrator that would indicate that the reference should be to Clark Development/Bill Clark, not J-U-B, and the zoning be described that the City would support mixed/planned use development. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to have the attorney draw up Findings of Facts and Conclusions of Law with the recommendation of the Planning and Zoning and Planning Administrator and the other modifications as stated in the motion. Further discussion? Bird: I have none. Corrie: Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES 22. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT (TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A. BILLIGIWATERFORD DEVELOPMENT & CONSTRUCTION COMPANY-EAST OF ST. LUKE'S BETWEEN 1-84 AND FRANKLIN ROAD: Corrie: Item 22 is a public hearing: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use development, Touchmark Living Centers, Inc. by Joseph A. Billig/Waterford Development & Construction Company. At this time, I'll open the public hearing on Item 22. Staff comments? ( Meridian City Council Meeting November 3, 1999 Page 43 Stiles: Mr. Mayor and Council, this is for virtually all of the area between the Montvue Subdivision and the Edgeview Subdivision between Franklin and the Interstate. The Edgeview Subdivision that's shown here is Boise City area of impact. This is out area of impact boundary. They have joined together with the - all of these parcels here for a development that they have already submitted for annexation and zoning and conditional use permit that will be heard on the 9th by the Planning and Zoning Commission. We recommended approval of this as a mixed/planned development, and it's actually being proposed as a mixed/planned development, oddly enough. But we did ask as part of their - as an amendment to what they'd requested that this parcel here also be included as that mixed/planned development because if this weren't included, it would still be designated single-family residential. So our recommendation was that all of this be designated that and it's nice that it's not coming in one lot at a time. Corrie: Anything else, Shari? Stiles: No. Corrie: Okay. This is a public hearing. Is there anyone from the public that would like to issue testimony on Item 22? Bowcutt: I feel kind of bad because I sent my clients at home. One went to catch a plane. I told him they weren't going to be heard tonight. I did, for the record, indicate - Becky Bowcutt, Briggs Engineering, 1800 West Overland -I did for the record tell one of the Montvue residents there was one representative from their neighborhood that this would not be heard tonight. So Corrie: We can continue it. Bowcutt: I feel a little bit bad. We are having a neighborhood meeting with them tomorrow night. I just don't want them to think we deceived them in any fashion. As Shari indicated, we're asking for mixed/planned use development. A portion of this is already designated mixed/planned use. This is the St. Luke's facility here. This parcel is owned by St. Luke's is 10 acres here which was the original Holloway parcel. The designation runs about through here. Approximately 60 percent of Sews property is already designated mixed/planned use development and then everything to the east is designated single-family. We're asking that we just have one designation for this property. As Shari indicated, we are coming through with a conditional use, PUD, annexation and rezone application. We are meeting with the Montvue residents, a neighborhood meeting tomorrow. We have done our traffic study and ACHD is reviewing that. We are supposed to be heard by the Planning and Zoning Commission on the 9th; however, I was informed by the Highway District today that their commission will not hear it until the 17th. I appears that we're going to probably have to defer that out because the Planning and Zoning Commission stated when they reviewed this Camp Plan change they didn't want to see our applications unless everyone had had an ( Meridian City Council Meeting November 3, 1999 Page 44 ( opportunity to comment and we had all of our ducks in line. Do you have any questions? Corrie: Mr. Rountree. Rountree: Question concerning the portion that you don't have colored and we don't either, but the suggestion that it be included in the rezone - the - Bowcutt: Comp Plan change? Rountree: Camp Plan change. Bowcutt: I think it's probably in the best interest of that property owner, long- term, he was approached to sell a portion or all of his property to this project. I think he indicated at this time he wasn't interested, but he didn't want to rule that out. It would be in his best interest and I think the City's to have an isolated single-family - they're going to have to come back through and do what we're doing now if it's not incorporated as mixed/planned use development. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Becky, your display is somewhat different than ours. Is ours incorrect as far as the R- T portion adjacent to - Bowcutt: No, sir. Yours - yeah. That is incorrect. Rountree: Next to Montvue? Bowcutt: Yes. Rountree: That piece should be included as well. Bowcutt: It's already mixed/planned use development. It already is. Rountree: Okay. Bowcutt: And then that goes over to about where that arrow is. Then it's single- family residential on eastward to your impact boundary. Rountree: Okay. Bowcutt: So, yeah. What you're seeing here is incorporating that R-T area with the exception of a little out-parcel here. Rountree: Okay. All right. Thank you. ( Meridian City Council Meeting November 3, 1999 Page 45 Corrie: Any other comments? Questions? Mr. Gigray. Gigray: Just a point of procedure and a point of information. It may bear on questions you may ask in the public hearing, and that is the referring to the map on the wall, the R-3 that's out, if that's not part of the original application and hasn't been through the Planning and Zoning Commission for a Comp Plan change, if you should be inclined to include it, I think you may find yourself into a material change and that would require further hearings, and I just provide that information to you just for information. I don't know whether it is or not, and maybe that can be clarified. That property owner - this isn't an application, as I understand it, by the City that's been initiated; it's been initiated by the developer and the property owner. Corrie: Anyone from the public like to issue testimony? Wes? Hoalst: Wesley Hoalst, Montvue Subdivision, 385 Montvue. My question to Becky would be on the strip of land just directly to the west, there's - where the R- T is, there's a small strip just above - right there. Is that portion going to be also included in this change to multiple use? Bowcutt: It is already designated as mixed/planned use development. Hoalst: Well, it is already? Because it isn't in the plans, and I don't think the development owns that portion; is that correct? Bowcutt: (inaudible) Hoalst: It doesn't show up on their plans there nor does it show there that that's the case it already is. Also, even though the large strip, there are three there, where it has not yet been included in the development, and this is not for something for the Council to determine, but the plans, the schematic drawings doesn't show stub streets to that area of which also should be stub streets over there next to Montvue. I would think that that should be included in the plan. I think the Highway District whenever it does have a development up against private property, they usually - it is the requirement that they have stub streets. believe that is a requirement. Corrie: Any questions? Bird: I have none. Corrie: Anyone else from the public that would like to issue testimony? Becky, do you have any comments backwards? I mean, you don't have to get up unless you want to. Meridian City Council Me'eung November 3, 1999 Page 46 Bowcutt: With the Comprehensive Plan, you're not approving any concept or anything. I just want to go on the record. The issues of stub street connections, signals, interconnectivity, that's going to be dealt with the CU and the application that's moving forward. We appreciate your attendance at the meeting tomorrow at the Convention Center so that we can discuss those issues and try to work something out in this vicinity. Thank you. Corrie: Okay. Thank you, Becky. Anyone else? Okay. I'll entertain a motion to close the public hearing. Bird: So moved. Corrie: Maybe we want to continue it. Mr. Rountree. Rountree: Just for discussion in the public hearing. I think it would be wise to continue it, but I think it would also be beneficial to have a Findings prepared in anticipation so all of these things can move forward together if it in fact close of the hearing in two weeks we can wrap them up. I don't know if that's doable or not. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I don't think we can make a decision if we keep the public hearing open, can we, Charlie? Rountree: No. But once we close the public hearing, you can make a decision. Bird: Yeah. So with - I thought you said you wanted to continue the public hearing and still make the decision. Rountree: I didn't say anything about making a decision. Bird: Of getting the Findings of Facts. Rountree: (inaudible) Findings of Facts together that mayor may not have to be modified after closing the hearing. Bird: Can we do that? I guess we can - Rountree: If requested by the Council, do what they direct. Corrie: Okay. Like Charlie says, (inaudible) continue it (inaudible) - ,I \ Meridian City Council Mee'ilflg November 3, 1999 Page 47 ( Bird: But then we can't enact upon it when we enact upon the others because we won't have the - Corrie: We can't (inaudible) Facts to us - Bird: We can have them, but they're just preliminary. We'll have no motion. Can we do that all in the same night? Make a motion to do it and then do it again? I'm for that. Corrie: I think you can. Bird: Get your motion out. Gigray: I could just take a directive to just work on it and not make any decisions and continue the public hearing is what I would recommend. (inaudible discussion) Rountree: Mr. Mayor, I move that we continue the public hearing on Item No. 22 and direct counsel to draft a preliminary finding for possible consideration after the close of hearing. Bentley: Do you want a date on that? Rountree: Which would be December 16th. Excuse me. November 16th. Bird: Second. Corrie: Okay. Motion is made and seconded to continue the public hearing and have the attorney draw up preliminary Findings of Facts on Item 22. Further discussion? Hearing none, roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 23. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM BUSINESS PARK) BY G.L. ( Meridian City Council Meeting November 3, 1999 Page 48 VOIGT DEVELOPMENT AND OVERLAND 16 LLC-WEST OF EAGLE ROAD AND SOUTH OF OVERLAND: Corrie: Item 23 is a public hearing: Request for Comprehensive Plan Amendment from single-family residential to a mixed/planned use (Millennium Business Park) by G.L. Voigt Development and Overland 16, LLC. At this time I will open the public hearing on Item 23. Staff? Stiles: Mr. Mayor and Council, on all of these that you're ordering the Findings on, I already have Findings on all of these. I guess I'm a little confused as to how this is - what we're doing on the Findings because we've already got Findings on all of these. I didn't know if you've had a chance to review them and whether you're going to make changes to these as a result of anything that's happened tonight, or - anyway, this project is the parcel that's directly across the street from there would be the John Deere, SYSCO, the Freightliner parcel. This is recently approved for Treasure Valley Music. This is the high-school site. This four acres here was donated to the City for a park site. This is the undeveloped corner here. This has recently been split. I believe this is approximately five acres has been sold to the LDS Church for a church facility. This is another problem with the splitting. Obviously, they've made one parcel into three now, and there's been platting take place. We did recommend because of the changes in the area, if you may remember, this entire 97 acres at one time was zoned R-4 and proposed as Sundance Subdivision. Because of the changes in the area, that was abandoned. Staff recommended approval of the mixed/planned use designation, and it came through as annexation and zoning with a conditional use permit. Corrie: All right. This is a public hearing. I'd like the developer - Becky. Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland. As Shari indicated, we got some intensive uses on the north side. The single-family designation is not appropriate for this property. When we sold that parcel to the high school, just south of what you see there, the School District indicated they did not want this property to be developed as single-family. Their preference would be something like office or commercial. They don't want to have another Borah High School situation. We did make a commitment to them that this would not be single-family. We got some concepts that we've bounced off the school district. This is just a rough concept. It shows some mixed use and that was what was intended for the mixed/planned use development zones. We got a little office, a little commercial, daycare, seminaries, multi-family, a nice well-rounded type of project for this area. Right now we're in the process of getting the sewer across the Interstate. I believe I got a schedule on that and they're hoping to begin next week. We'll begin boring the freeway and bringing these sewer trunk across. This is a good project. We'll be submitting rezone application, PUD and a plat to clean up the previous divisions that have taken place on the property. We think this is a good designation. Do you have any questions? ( \ Meridian City Council Meellllg November 3, 1999 Page 49 Corrie: Okay. Thank you, Becky. Anyone else from the public that would like to issue testimony on Item No. 23? Hearing none, pleasure of the Council to close the public hearing? Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Council, motion on the request? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we show a favor Findings of Facts and Conclusions of Law for the planned -- Comprehensive Plan Amendment from single-family residential to mixed/planned use Millenium Business Park by G.L. Voigt Development and Overland 16, LLC west of Eagle Road and south of Overland. Rountree: Second. Corrie: Motion made by Mr. Bird and seconded by Mr. Rountree to have the attorney draw up the Findings of Facts and Conclusions of Law with a favor of approval on Item No. 23. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I have a question. On all these items I believe we've stated at the beginning that we were going to continue them and now we're not continuing them. Bird: Excuse me, Mr. Mayor. Corrie: Mr. Bird. Bird: I thought - that was what we originally talked about, but when we went into it, I thought we was going to go ahead and act upon them when the time was going fast. That was what I understood, and I could be wrong. ( Meridian City Council Me~llllg November 3, 1999 Page 50 ( Bentley: Yeah, but my only question is I believe that we stated when we opened the meeting tonight that these five or six items would be continued to the 16th until everybody was here to vote on them. Now we've sat here and closed part of them. I don't know how much the public is left that had any indication of being part of this, and now we've closed the hearings on them. Corrie: Well, it looks like we may have a legal - Mr. Gigray. Where do we stand on this? Gigray: Well, it's a matter of probably review of exactly what was said and whether or not there was an actual vote taken at the time that said you were going to continue them. I remember there was an announcement. I don't remember a vote that was taken by the Council to in fact do that. I guess the question would be whether or not anyone would be prejudiced by this and as an additional assurance, you might request that anyone at the next Council meeting, is anyone appearing on any of these have anything to say? I think at that point you could determine whether or not there might be any prejudice that would have issued from any announcements that may have been made, and you could delay decision with regards to the matter to see what the situation looks at the time. If you want to head on the course you're going on now, if you want to rescind the course that you're going on now, then I think you're going to have to go back on each of these items and unclose the public hearing and undirect me to make Findings and continue the public hearing on each one of them. Bentley: My point is, if we get to this point in two weeks and somebody walks in and says, yes, I want to get some testimony, re-open, then we're going to have to turn around and take the whole block of items and move them back two more weeks. Gigray: Well, it may depend. There may be someone there that could appear- it could happen on each one of them or it might only happen on one of them or it may not happen on any of them. Bentley: But the point is you can't make Camp Plan changes in two weeks and then come back two weeks later and do it again. They have to be done as a block. Gigray: No. That's the only - the State Law was changed by the Legislature in the last year, and even before, it only restricted recommendations by the Planning and Zoning Commission to the City Council, and then they amended it this last year to provide that it only affected Planning Map changes which these applications are, but that statute's very specific in it only references the Commission and it does not reference the City Council. So you are not under the same restriction that the Planning and Zoning Commission is. No. r~ ( Meridian City Council Meeting November 3, 1999 Page 51 ( \ Bentley: Okay. Thank you. Gigray: No. You could split them all up. You could pass one every Council meeting if it was on the agenda. Bentley: Okay. I didn't realize that. I thought they had to be done in a block. Gigray: No. You don't have a problem. It's just with the P & Z Commission that'd be different. Bentley: We're fine then. That was my only concern. Corrie: Okay. I think we have a motion for the Chair on Item No. 23 for the Findings of Facts and Conclusions of Law with a favorable approval. Any further discussion? Bird: I have none. Corrie: Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 24. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND ACRES, INC.-SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK: Corrie: Item 24 is a request for a Comprehensive Plan Amendment from single- family residential to commercial by Queenland Acres, Inc., south of Overland Road across from Interstate Center Subdivision, Roaring Springs Water Park. At this time I'll open the public hearing on Item 24. Staff, I'll get right to you in just - you won't take long, I'm sure. Staff. Stiles: Mr. Mayor and Council, this was also a request from single-family residential to commercial, a recommendation and what was recommended by (U Meridian City Council Mecinng November 3, 1999 Page 52 ( Planning and Zoning Commission was that it be changed to mixed/planned use development. Corrie: Okay. Now. Your name and- Lotspeich: I'm Carol Lotspeich, 1032 East Cane in Meridian. Corrie: Would you spell your last name, please, just for the record. Lotspeich: L-O-T-S-P-E-I-C-H. I've had lots of practice at that. Corrie: Thank you very much. Lotspeich: I have - her map (inaudible) as mine, so I won't show you mine. I'm here this evening because we own this property that is surrounded by commercial, and it's really inappropriate to be single residential. I've found during this process that a lot of people come across Black Cat overpass, go down Overland to get on the freeway which puts a lot of traffic in front of these rentals. So we would like to have this changed to mixed use. My map shows the commercial that's around it. The veterinary clinic is north of it. Mountain View Equipment. Boondocks. Roaring Springs Water Park. JB's Restaurant and the Sandman Motel's on the corner, and a Texaco Station and Roho is to the east, and the Country Corner is there, too. It's really inappropriate to have this little piece of ground as single residential. The renters have a really hard time getting out early in the morning and in the afternoon, and it - I think we have probably 10 or 11 accesses onto Overland, but we would really like to have this changed in the Comprehensive Plan. We don't have any big plans yet on what we're going to do with it, but we'd just like to have it. Shari would like mixed use and that would be fine with us. Corrie: Okay. Any questions for Council? Bentley. Bentley: Been on a long time since you lived on Loring, hasn't it? Lotspeich: It has been a long while. I'm glad I live where I do because the traffic's not nearly as bad. But they did put a light in there. Bentley: They finally put a light up there. Yeah. Corrie: Any other questions? Bird: I have none. Corrie: Thank you very much. Appreciate it. Is there anyone else in the public that would like to issue testimony on this Comprehensive Plan change, Item 24? Is that a yes, Shari? Okay. What's the pleasure of the Council to close the public hearing? ( Meridian City Council Me~llng November 3, 1999 Page 53 (- Rountree: So moved. Bird: So moved. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Bentley. Bentley: I move to instruct the city attorney to prepare favorable Findings of Facts and Conclusions of Law for Queenland Acres, Inc. Bird: Second. Corrie: Motion made and seconded - (inaudible) attorney draw up the Findings of Facts and Conclusions of Law to favor approval on Item No. 24. Any further discussion? Hearing none, all those in favor of the motion say aye. I'm sorry. Roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 25. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY- NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: Corrie: Item 25 is public hearing: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use by Idaho Baseball Academy. At this time, I'll open the public hearing. Staff. Stiles: Mr. Mayor and Council, this application is for a project that is pretty far removed from our current annex area. It's on the northwest corner of Amity and Meridian Kuna Road. They're proposing to build a facility for the Idaho Baseball ( Meridian City Council Meel:f119 November 3, 1999 Page 54 ( Academy that would have an indoor facility with some retail and office use approximately in this area, and the remainder of it would be baseball fields. They ask for the entire area to be designated mixed/planned use development, and also at that public hearing at Planning and Zoning Commission, these people were there chomping at the bit waiting for this designation to occur so that they probably could come in along with it. We're concerned that if this were designated - *** End of Tape 3 *** the property could be sold off and Chevron, Jackson's, someone else may come in and then make them an offer they couldn't refuse to develop that corner as commercial property. So the compromise was arrived at was that the area that they proposed putting the building and parking lot would be designated mixed/planned use, but the entire remainder of the parcel would be open space, park designation. We did receive a letter from Ada County Planning Director today. I don't know if it - if you had a chance to see - they are concerned that there's not anything within their ordinance that would permit them to do this. Either currently with their current designation or even under their proposed new zoning ordinance. But in the last paragraph of their letter, it seems that if we can provide some text specifically geared to this parcel as what we expect to be there, they may be able to consider that use. I'm not certain that would happen, but they're asking for direction from the City as to some kind of guidance on what kind of range of use is the City would allow in that mixed use area and we could prepare that. I don't know if we need to continue the public hearing if we are proposing those text changes or - might have to get (inaudible). I would hope that maybe we could provide some text changes as a part of this request for amendment. Say yes. Bentley: Bill's got a thought. Gigray: Mr. Mayor, members of the Council, Madam Administrator, it would seem that that would be a major material change as I understand it. I don't think this application included any discussions of textual changes to the Comprehensive Plan. You - I would think will want to have the applicants address this letter from Ada County Development Services because it seems to raise kind of serious questions as we have to interrelate with Ada County because this is an impact area matter, not potentially subject to immediate annexation. It would seem like those might pose some relevant questions that could be addressed. You do have the authority under your own ordinance and under the provisions of your Comp Plan to continue this matter, and you can even require a study on things and have them report back as to what the appropriate thing is to do, so there are some optio'ns, and I think I provided a memo to you just generally for providing some procedural information about Camp Plan Amendments, and that's one of the items that is an option to you if you should choose to exercise it. ( Meridian City Council Meelulg November 3, 1999 Page 55 (-- Corrie: Okay. Since we have a public hearing, would you like to come up and perhaps address to couple of those questions? Lawson: Steve Lawson, Idaho Baseball Academy. I'm the president. We're located at 1208 North Orchard in Boise. Mr. Mayor and Council members, we've just received this letter from the Ada County also, and I haven't had a whole lot of time to study it. I talked with Patricia Nielson on the phone for a few minutes. It didn't do a whole lot of good for me, you know, really, because, again, I didn't have a lot of time to study what was going on here. One thing that I see in this letter that I think could fix this whole thing, at least from the County's perspective. It's the second to last - I might be wrong. This is the way I interpret - second to last paragraph. It's the second or third sentence. It says: The combination of indoor and outdoor amusement facilities would only be allowed in a commercial zoning district. Now if we did the multi-use plan, I think that the outdoor and the indoor could be used. We could - the County would go along with this because it does permit commercial use in that plan. What we agreed upon last time we were here was we want to build fields. Just saying we're going to build fields doesn't guarantee that; I understand that. I understand your concern about us going out and selling the corner of the, you know, that corner, because that is a nice corner. That's one of the reasons we bought it. That's a great piece of land. We did agree on the compromise that we would take the parks for 22 acre, or 23 acres and then 2 acres of commercial. That was with the understanding that we thought we'd be able to change some of the text. Now we didn't ask for any text change when we made the application originally because we didn't realize that we had to until we came to the Planning and Zoning meeting. Because I didn't have enough time to really study what the County said here, what you said about doing a study, you know, there needs to either be somemore information about this if you guys' concern is that if you give me the entire 25 acres as multi-use or mixed planned, that we'd sell that corner. Now, whether we can come up with a development plan which I really hadn't known about until after our last meeting. I'm getting a little bit smarter and studying a little bit of this now, but if I don't know if you read that the same as I do, that paragraph that I'm talking about, and I'm sure not here, Shari, to go back on what we talked about that night, but, again, I have some things going on that I'd like to see this go as quickly as possible, too, and if there's any way to take that entire piece and change it as we've tried, but also have a development of agreement, I don't know if that can be done since we are in the county. Once we, you know, that's the whole problem there. Once we, you guys, make this decision, then we go to the county, and how much they're able to work with you, I'm not for sure, but, you know, that is a concern. But also within stating (inaudible) maybe if there is an agreement, the, you know, those will be filled, built there and then not a Chevron or Albertson's or whatever. Then maybe that's the answer. The entire 25 acres as proposed. I'm not for sure, and like I said, I'm not trying to go back on what we talked about before by any means, because I was happy with that because I want to build fields. But we also need an indoor place because that's pertinent in ( Meridian City Council Me~tlng November 3, 1999 Page 56 (~- this part of the country. That's a huge aspect of what we're doing here. If I'm reading that right, I think we can still do this. But not as discussed last time with the Planning and Zoning as they recommended. I have no problem doing it that way either. You know, we're just trying to get things going too. We're trying to move along, and this is part of it, of course. Any questions? I'd be happy to answer. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I believe you stated that although you did not indicate in your application, it was your understanding there would be some requirement for text changes and description of use activities. Lawson: No. I didn't mean to say that I don't think. Rountree: That's what I thought I heard you say. Lawson: What I said - what I thought I said was that when we made the application - when we did the application, I didn't think there would be any text change specifically designed around our situation. I thought it would be mixed/planned use, done deal, really. Then we started talking about not having the services out there, and then leaving the city and going to the county, and the concerns there. That's where I thought that the text change was coming. That was my understanding when I said text change was that we would be discussing here's what the City wants, County try to go - stay right on this track with us because it's kind of a unique situation. Rountree: Okay. Thank you. Corrie: Any other questions? Bird: I have none. Corrie: Anyone else from the public like to issue testimony on this Item 25? Hearing none, Council, pleasure on the public hearing? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: It seems like we've got a couple directions going here. Seems like there needs to be some continuity with the County as well as with the staff as to what we're going to do, so I think we're going to need to continue this and have / ( I Meridian City Council Me~lIf1g November 3, 1999 Page 57 ( the three parties get together and see if we can't iron out what we need to make this project fly. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: If I read this letter right, with the facilities they want to put out there, the only thing that's going to be left by the county is commercial, is the commercial zone. If we do it the way we want to do it, then they've got to open it up, as I read the letter here, they've got to open it up to the public with no charge; it's a public facility at that point which it will be a public facility, but it won't be for (inaudible) run a business out of it. I, personally, think that corner - I have no problem with that corner being commercially zoned, whatever. That's an ideal corner. I know Shari said that we wouldn't want a Jackson's or somebody out there, but I'm sure in five, ten years, it's going to be a awful good location for that, and I could see stuff going out there. I'd lot sooner see something on that four- lane Amity Road there than something sitting over on Cloverdale or someplace where you got two lanes to get people in and out of. I would have no problem taking the County's advice and changing that to the commercial zoning. That's my opinion. Corrie: Any comments? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would like to do whatever we can to expedite this. It seems to me that Mr. Gigray's indicated that if we get into a situation where we may have to provide text to the county, what our zoning designations mean, in my mind is not a material change, but I believe it will be a material change if we were to move forward with the entire commercial zoning when it's been brought forth and discussed in Planning and Zoning as open park and a small portion being mixed use or commercial. I guess I don't know if that's a particularly good solution for getting this thing moved forward. I would propose, depending on how big a grimace I get from the end of the table, that we look at Findings and Facts and concurrently instruct staff to clarify what mixed/planned use or whatever the zoning designation's going to be, would allow, if that's what the county has to have in order for them to permit this. In my mind, that's nothing more than putting forth what's already been discussed and refining what it means. If it's been discussed and it's many things, then I guess that it could have many definitions, and still not a material change. In my mind. Bird: Mr. Mayor. Corrie: Mr. Bird. ( Meridian City Council Meellng November 3, 1999 Page 58 / \ Bird: While we got the public hearing open, Shari, you can give me the answer on this. What is mixed use? Does commercial fall within mixed use? Stiles: It does, but there are other areas in the Comprehensive Plan that state it's not to be changed to mixed development unless it's hooked up to municipal services. So I don't know it's going to help him if you did say it's all commercial. Bird: No, but it won't - I'm saying if we pass it like. they have - has been done by the Planning and Zoning, mixed use, would that include commercial which would benefit what the county zoning is saying? In mixed use, can you have commercial zoning is what I'm asking. I don't know. That's why I'm asking. Stiles: Sure you can, and I think that's why they're asking for a clarification in the text because if we would address that specific area on what we intended - in fact, all of these applications should have included text amendments because there's nothing in the text that deals with any of those areas. I still think if we can work with Ada County and ask them what they need, it is going to be a text amendment, but to designate that all commercial, that's not a good idea. Bird: No. Not - I'm not saying that. I'm just saying that if we designate it mixed use like has been brought forward to us, right? Stiles: Uh-huh. Bird: Then in mixed use you can go to commercial which satisfies, as I read this paragraph here, satisfies the county's zoning. Stiles: You could except there are other areas in the Comprehensive Plan that commercial development is not encouraged unless they're hooked up to municipal sewer and water. Bird: I understand that, but I just trying to - I'm like Charlie. I want to see the thing not get bogged down in a bunch of red tape. I just wanted to make sure that in mixed use that - that in commercial could be included in mixed use. Stiles: Oh, sure. You know, that's where the Chevron, Texaco, all that was mixed use. Bird: That's what I thought. Yeah. Okay. Gigray: I'm just saying while the public hearing's open, just keep in mind the recommendation of Planning and Zoning is to carve out two acres of this parcel and the one mixed use designation and not the rest of it. I think you could do that and I think you could also grant their original application for the whole piece, which I don't think is a change in the application and everybody's on notice ( Meridian City Council Me'eln1g November 3, 1999 Page 59 ( tonight, I don't think those are material changes. The only thing I can see in the letter from the Ada County Development Services is, obviously, is the county zoning ordinance that will apply, and they're just questioning whether or not if you do this Camp Plan Amendment, they will have an ordinance that will be, or their new ordinance would come into conformance with our Comp Plan, but you could go ahead and grant the application if you feel it meets your own criteria and then let the County worry about their zoning ordinance in relation to that. Then the applicant would have to worry about that through the county. Bird: (inaudible) applicant (inaudible) public hearing open. Corrie: Do you have any problems with that, Steve? Lawson: I don't think so. I don't have any problems with that, but I do want to state that I think that's where Shari and I were - that's still what the concern is, is that once I leave here, the control over that piece of land's out of your hand, and I might be a guy to go down and sell that down the road. I should have brought . my resume with me tonight to, you know - I know some of you gentlemen, and we want to build fields. That's how I want to make my money; not selling land. That's my - that's what we want to do. That's, again, I know that doesn't keep us, once we leave here, from going to the County or trying to sell that, but I don't have any problem with that because that's really what we originally wanted to do. We compromise at the Planning and Zoning because that's what I want to do. I want to build fields, and I thought that was a way to go because that was a recommendations and with the Council people that night. I don't have any problem what Mr. Gigray just talked about. Corrie: Okay. Gigray: Mr. Mayor. Corrie: Mr. Gigray. Gigray: Just a point of information. Yeah, I think the only way you can put conditions on a Comprehensive Plan change that would affect certain properties is that you would have to provide some textual provisions in the Comp Plan related to that. I think that, from a general standpoint, would be kind of a departure from the way the Comp Plan exists now in I don't know whether or not you're going to head in that direction with the new Camp Plan or not, and you start spotting around and saying, well, we got this parcel that's subject to this condition and the text, and this and this and this and this. That would be somewhat extraordinary. I think, legally, you probably could do it, but I think it'd be a material change to if you're going to include textual changes that you'd have to re-notice the hearing and get comment on that if you want to go in that direction. ( Meridian City Council Meeting November 3, 1999 Page 60 (- Corrie: (inaudible) Bird: I'm ready to close the public hearing. Corrie: Okay. Bird: If you are. Corrie: Ready to close the public hearing; I'll entertain a motion as such. Bird: So moved. Rountree: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Request for Comprehensive Plan Amendment. If you got a clear direction, shoot it at us. Bird: I'm not sure I got a clear direction on anything, Mr. Mayor. This is just discussion? Okay. Probably what I'm hearing now is we should just pass it like with recommended by the Planning and Zoning with the mixed use at two acres and then the other 23 acres in open land; is that right? Corrie: Two acres and 25 acres from single-family to mixed use, yes. Bird: Is that the way you guys understood - Okay. I can certainly - Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we have the attorney draw Findings of Facts, Decision of Order in favor of the Comprehensive Plan Amendment from single-family residential to mixed/planned use by Idaho Baseball Academy on the northwest corner of Amity and Meridian Road and showing the decision of the Planning and Zoning Commission. Rountree: Second. Corrie: Okay. Motion is made by Mr. Bird and seconded by Mr. Rountree to have the attorney draw up the Findings of Facts and Conclusions of Law in favor and include the decision of the Planning and Zoning Commission. Any further discussion? Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. ( Meridian City Council Mee'l:ri19 November 3, 1999 Page 61 ( Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird Bird: MOTION CARRIED: ALL AYES ITEM 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REAL TV CORPORATION-4000 E. FAIRVIEW, ~ MILE EAST OF EAGLE ROAD: ITEM 20. PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY DEVELOPERS DIVERSIFIED REAL TV CORPORATION/DAKOTA COMPANY-SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Okay. Let's go back to 19 and 20. We'll open up the public hearing on Item 19 and 20 at the same time, and we had testimony for but we can add that in for the testimony. I'll open the public hearing on Item 19 and 20. Durkin: I think I'm the only one here (inaudible). I have - in reviewing Findings of Facts, I have just one, two words, I guess, or three words, a sentence I'd like added where the Findings recommend that we follow the specific recommendations as spelled out for ACHD. I'd like to have the flexibility or as modified by ACHD in the future. Are you with me on that? Rountree: What number are you on? Page No. - Durkin: Okay. I'm on Page 4. Corrie: Are we on No. 19? Durkin: Yes. Corrie: Okay. Durkin: By the way, for the record, I'm Larry Durkin. Sorry. Larry Durkin, Dakota Company, 380 East Park Center Boulevard, Suite 100, Boise, Idaho. Just for example, I'll take 1.8 on Page 4 where it says a maximum of three driveways are approved on Records Drive. That's not a good example. Sorry I'm not more prepared on this particular matter here. Okay. I'd like to draw your attention to ( Meridian City Council Meeting November 3, 1999 Page 62 (' Page 3, Paragraph 1.2. I have no knowledge of any change here, but where it says dedicate 76 feet of right-of-way. If later when ACHD when they have final plans says we want 77 or 72, I don't want to have to come back and re-do this, so my request is adopt the recommendations of Ada County Highway District as follows or as subsequently modified by ACHD. That's my only request. That would apply to the annexation and the rezone. I don't think that - I think ACHD may have some adjustments that are small, and I don't want it to jeopardize the rezone that we have if they - Bird: We have no problem with that. Durkin: I'd be happy to answer any other questions. Corrie: Okay. I don't see that there's anybody else to testify. Shari? Stiles: I thought we had already - I thought you had already ordered Findings on this earlier. Corrie: Not yet, no. We held those - that one back. We just had him (inaudible) testimony because he was in Number 8 as well. Stiles: Okay. Corrie: So we have testimony here for 19 and 20 - Stiles: And then you'll only act on those - Corrie: Those two. Stiles: -- after the Camp Plan is revised? Corrie: Yes. Bird: Our hearing is open for both of them. Corrie: Hearing is open for both; that's correct. Bird: Do you have anything? Stiles: That's all I have. Corrie: Okay. Anyone else? Council, anything? Bird: I have nothing. ( Meridian City Council Meeung November 3, 1999 Page 63 (- Corrie: Okay. Hearing that, I'll entertain a motion to close the public hearing on Items 19 and 20. Bird: So moved. Rountree: Second. Corrie: Motion made and seconded to close the public hearing on Item 19 and 20. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion or request on Number 19 first for annexation and zoning. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the request for annexation and zoning and have the city attorney prepare Findings with the addition where they can use Planning and Zoning's Findings with the addition that changes are - changes in the request of ACHD as required. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to approve the request for annexation and zoning on Item No. 19 to C-C of 13.9 acres by Developers Diversified Realty Corporation as motion stated. Any further discussion? Hearing none, roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES Corrie: Item No. 20, I'll entertain a motion on the rezone for 11.4 acres, I-L to C-C. Rountree: Mr. Mayor. ( Meridian City Council Meeting November 3, 1999 Page 64 Corrie: Mr. Rountree. Rountree: I move that we have attorney prepare Findings of Facts and Conclusions of Law incorporating the recommendations of the Planning and Zoning for the rezone of 11.4 acres from I-L to C-C. Bird: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bird to approve the request for rezone of 11.4 acres from I-L to C-C and the attorney draw up the Findings of Facts and Conclusions of Law with a Decision the recommendation of Planning and Zoning. Any further discussion? Hearing none, all those in favor of the motion say aye. Excuse me. Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 26. REQUEST FOR BEER AND LIQUOR LICENSE FOR TEXAS ROAD HOUSE: Corrie: Item No. 26, request for beer and liquor license for Texas Road House. Chief. Gordon: Mr. Mayor and Council, I don't have any problem with those (inaudible) application for Texas Roadhouse. We would recommend that Council (inaudible). Corrie: Any further discussion? Bird: I have none. Rountree: I have none. Corrie: I'll entertain a motion on the request. Bird: Mr. Mayor. ( Meridian City Council Meellng November 3, 1999 Page 65 Corrie: Mr. Bird. Bird: I move that we approve the request for beer and liquor license for the Texas Roadhouse on Fairview Avenue. Rountree: Second. Corrie: Okay. Motion is made by Mr. Bird, seconded by Mr. Rountree to approve the request for beer and liquor license for Texas Roadhouse. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 27. CANVASSING THE VOTES FOR CITY GENERAL ELECTION: Corrie: Item 27, canvassing the votes for the City General Election. Mr. Berg. Berg: Mr. Mayor, members of the Council, I'm going to pass out the results of the election, and then I'll open up the voting ballot boxes and present you with the poll books and tally books. Corrie: All right, sir. (inaudible discussion amongst Council members) Berg: This is Precinct 800. Corrie: Throw one down here and we'll start the other end. Berg: Precinct 801 with the tally book. Bentley: That's for you. (inaudible discussion amongst Council members) Corrie: What? The ballots? Berg: (inaudible) Is there any questions about the sheets, the summary sheets, the tally books that I might answer? This shows the total number of ballots. Bird: I got the southeast. Corrie: 2,035? (inaudible discussion amongst Council members) C Meridian City Council Meeting November 3, 1999 Page 66 Bird: They look okay to me. Which one you got there, Glenn? Bentley: I have 802. (inaudible discussion amongst Council members) Bentley: Okay. It's late. Let's get out of here. Corrie: Do we need to certify? Is there a (inaudible) Bird: That would have all the registered voters, wouldn't it? Gigray: Do you have a form for that, Will, and if you don't, we can prepare one that they can go ahead and just take it and make the motion and resolution certifying the election results (inaudible). Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we prepare a form certifying the results of the election. Bird: Second. Corrie: Motion made and seconded to prepare a form and certify the election, canvassing the votes for the City General Election. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: I have a question. Corrie: Mr. Bentley. Bentley: Will, how many registered voters do we have? Berg: On October 8th was the last day to pre-register, and I want to say there's 13,620 at that time, and then, of course, you have the same-day registration, and we had quite a few of them. I have not counted all the ones that registered on the same day. Bentley: 36,000 and we only had 13,000 registered? Berg: 36,000 people and so - Bentley: Well, I realize (inaudible) ( Meridian City Council MebLlllg November 3, 1999 Page 67 Berg: (inaudible) 1/3 are kids, and - yeah. Bird: I think you got a bigger percent than 2.7 (inaudible) in Meridian. 28. WATERISEWERfTRASH DELINQUENCIES: Corrie: All right. Delinquency turn-offs. This is to inform you in writing, if you choose to, you have the right to a predetermined hearing at 7:30 p.m., Wednesday, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on November 17 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and delinquency? They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal, their water will be shut off. The total amount of the turn-off list is $119,198.90. I'll entertain a motion on the water, sewer, trash delinquency. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the water, sewer, trash delinquency in the amount of $119,198.90. Bird: Second. Corrie: Motion made and seconded to approve the delinquency turn-off. All those in favor say aye. MOTION CARRIED: ALL AYES 29. DEPARTMENT REPORTS: A. GARY SMITH 1. WATERLINE INSTALLMENT PROJECT-EAST FIRST STREET Smith: Mr. Mayor, Council members, first item I have is a waterline installation project on East Sixth Street that we needed to construct in order to provide fire- flow to that area of town. We had three estimates that were obtained; Bitterroot Construction and Mike Rice Excavation and MaKay Construction. Bitterroot was the low bidder, $16,430. Public Works would recommend that you approve the ( Meridian City Council Meeting November 3, 1999 Page 68 ( issuance of a contract to Bitterroot Construction for this amount to construct approximately 325 feet of 8-inch waterline on Sixth Street. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we award a contract to Bitterroot Construction incorporating Mayor to sign, Clerk to attest for approximately 325 lineal feet of 4-inch diameter waterline on East Sixth Street with an 8-inch diameter to resolve fire-flow problems. Corrie: Do I hear a second? Rountree: Second. Corrie: Motion made and seconded to approve waterline installation project (inaudible) Gary Smith's Department Reports. Further discussion? Those in favor say aye. MOTION CARRIED: ALL AYES 2. AMENDMENT TO ENGINEERING AGREEMENT WITH CAROLLO ENGINEERS FOR BIO-SOLIDS DEWATERING PROJECT Smith: The second item I have is a requested amendment to the engineering agreement we have with Carollo Engineers for the bio-solids dewatering project at the Wastewater Treatment Plant. They had requested an amendment of $13, 180 to their agreement based on several work items that are outlined in their letter. I think you have a copy of their letter in your packet. Brad and I reviewed their request and agreed to support $10,368 of their request change to their agreement. So on the basis of our review, and they have agreed to this reduced amount, we would recommend approval of an amendment to their engineering agreement in the amount of $10,368 as justified by Brad's correspondence to Carollo Engineers. Bird: And they have accepted that? Smith: Yes. Bird: They've come down, I see, in their deal. They've come down from $13,000? Smith: Yes. ( Meridian City Council Meeung November 3, 1999 Page 69 Bird: Mr. Mayor. Corrie: Yes. Bird: I move that we approve this amendment to engineering agreement with Carollo Engineers for the sum of $10,368. Rountree: Second. Corrie: Motion made and seconded to approve the engineering agreement with Carollo Engineers, dewatering project. Further discussions? Hearing none, all those in favor of the motion say aye. Bird: It's a contract. Corrie: Oh. It's an amendment to the agreement. Roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES Corrie: Is there anything else to come before the Council? I'll entertain a motion to close. Bird: So moved. Rountree: So moved. Corrie: Motion made and seconded. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES { Meridian City Council Meeting November 3, 1999 Page 70 MEETING ADJOURNED AT 11:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Ii tf') ::..~ ~E t- W W :r: zen <:(2 -- O. ~Z ~(!) Wen :2E(!) IJ..~ O~ >-<( I-~ ~ UU - ..J CD ::> c.. ,( - \ ( ..... ~. II- Ii ( ('r) , =-~ ~a t- W W :I: zen <(Z -- O. _2 ~C) wen :EG L.L~ O~ >-<( I-~ ~ UU - ...J OJ ::::> a.. c ( (1.( . ~ F&t17; rt1.rP iI (;11 , 1 ~ q p J RESOLUTION NO 2 G / BY: G/ehl1 ;3~hfle'J tlJtvned~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SEITING FORTH CERTAIN FINDINGS CANVASSING THE RESULTS OF THE MUNICIPAL ELECTION OF THE CITY OF MERIDIAN HELD NOVEMBER 2ND, 1999, ACCEPTING THE TABULATION OF VOTES PREPARED BY THE ELECTION JUDGES AND CLERI(S AND PROVIDING THE RESULTS OF BOTH SHALL BE ENTERED INTO THE OFFICIAL MINUTES OF THE CITY AND PROCLAIMING THE ELECTION RESULTS AS FINAL IN ACCORDANCE WITH IDAHO CODE ~ 50-467. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The Council Finds: 1. The City of Meridian duly held an municipal election on the 2nd day of November, 1999. 2. The municipal election included the office of Mayor for which there were two candidates: Robert Corrie Tad Holloway and for the office of Council position # 1 for which there were two candidates: Glenn R. Bentley Tammy L. DeWeerd for the office of Council position #3 for which there was one candidate: Cherie McCandless 3. That on the 3rd day of November, 1999 at the City Council Meeting the RESOLUTION CANVASSING ELECTION RESULTS - I ( Mayor and City Council canvassed the results of said election having received the same from the City Clerk and examining the tabulation of votes prepared by the election judges and clerl<s which results were as follows: Mayor: Robert Corrie 1169 Tad Holloway 836 Council Seat # 1 : Glenn R. Bentley 624 Tammy L. deWeerd 1389 Council Seat #3: Cherie McCandless 1717 4. That the tabulation of votes prepared by the election judges and clerl<.s is correct. Now therefore be it resolved: 1. The Tabulation of votes prepared by the election judges and clerics are accepted and the Clerk is hereby directed to enter the same in the minutes of these proceedings; and 2. The Council does hereby proclaim the above referenced election results as final; and 3. In accordance with Idaho Code Section 50-467 the candidate having received the highest number of votes shall be declared elected it is hereby declared that: For the office of Mayor Robert Corrie is Declared Elected; and For the office of Council seat # 1, Tammy L. deW eerd is declared elected For the office of Council seat #3, Cherie McCandless is declared elected. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this :3#1- day of A/0ve hL-~f- , 1999. RESOLUTION CANVASSING ELECTION RESULTS - 2 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 312.! day of ~trel"'~ ,1999. - ArrEST: - ...... RESOLUTION CANVASSING ELECTION RESULTS - 3 ( HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Faz 887-1297 Unofficial Results from the City of Meridian General Election * on November 2, 1999 For MA YOR Four Year Term #800 #801 #802 Total Robert Corrie 308 184 677 1169 Tad Holloway . 236 130 470 836 For COUNCIL MEMBER Seat #1 #800 Four Year Term #801 #802 Total Glenn R. Bentley . 154 118 352 624 Tammy L. deWeerd . . 388 200 801 1389 For COUNCIL MEMBER Seat #3 #800 Four Year Term #801 #802 Total Cherie McCandless . 472 271 974 1717 Total Ballots Cast 551 321 1163 2035 \- \ \ \ \ \ "fill ~I ~ '/::: tIll ,','.... 0- JV:;~"l;It'\ II/'/ " A'. '"\ tvL .t"", " ~, #eJ 1- !' () c,ofWOFl4 h '~ ~ ~ ~ ~ ~ f ~ = SEAL :: * Unofficial tallies until the City Co~nci ~nvases th~ te ~n November 3rd, 1999 t. ~ Q "Qi "- mee mg. % ~~, Us, lS\ ' ;P ! ........... ....1 ~ ~ ,0:::- I';" f'\-" ,\y,' /1'>/~utf~r'l f \\", 1111(11:;1 U\1\\\\\\ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARTLEY TERRENCE R. WHITE.. 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680..1150 TEL (208) 288..2499 FAX (208) 288..2501 Email viaInternet:wfg@wppmg.com NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466..9272 FAX (l08) 466..4405 · ALSO ADMlTIED [N OR ..ALSO ADMlITED IN WA PLEASE REPLY TO MERIDIAN OFFICE November 8, 1999 Will Berg, City Clerl( City of Meridian 33 E. Idaho Meridian ID 83642 RECEIVED N 0 V - 9 1999 CITY OF MERIDIAN Re: Election Results Dear Will: Please find enclosed a resolution canvassing the election results for the City of Meridian. In addition to this resolution, there should be prepared a Certificate of election .for each elected city official. This certificate shall be made under the corporate seal by the City Clerk, signed by the Mayor and Clerl(, and presented to the elected official a the time of subscribing to the oath of office. [See I.C. S 50-470] This will occur at the first meeting in January a If you need any assistance please advisea Enclosure ey{Z:\W ork\M\Meridian 15360M\A.dministration \Election Nov8.ltr ( October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3, 1999 APPLICANT: GOLD RIVER COMPANIES. INC. ITEM #: 7 REQUEST: FF&CL AND CONCLUSIONS OF LAW & DECISION AND ORDER OF DENIAL FOR ANNEXATION AND ZONING TO R-15 AND L-O FOR VALERI HEIGHTS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER OEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: 011rQ~~O SETTLERS IRRIGATION: I DAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. C, \ I '0. / qo,<<-, UJL.+tr-... wkJ lA_.~ ~\ ( ~ RECEIVED OCT 2 8 1999 CITY OF MERIDIAN BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 12.988 ACRES FOR THE PROPOSED VALERI HEIGHTS SUBDIVISION, 890 N. TEN MILE, MERIDIAN, IDAHO BY GOLD RIVER COMPANIES, INC. ) ) ) ) ) ) ) ) Case No. AZ-99-0 17 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above e11titled an11exatio11 and zoni11g applicatio11 having come 011 for public hearing on October 19, 1999, at the hour of 7:00 o'clocl( p.1U., Shari Stiles, Planning and Zoning Adluinistrator, appeared and testified, and appearing a11d testifying on behalf of the Applicant were: Bob Unger of Pinnacle E11gineers, Inc., Shirley Fllller, Vicld Well(er, Valarie IGllian, al1d Mr. Alvarado, a11d appearing and testifying il1 opposition were: Glel1 Blazer, Joe Darosa, Reese Walter, BOl111ie Ash, Ms. Atldnsol1, Ms. Tamas, Lisa Wade, Jeff Walters, Ryan Anderson and Michael Flelning, and the City Cou11cil having duly considered the evidence and the record in this luatter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoni11g was published for two (2) consecutive weel(s prior to said public hearing scheduled for October 19, 1999, before the City Council, the first publication appearing and written notice having bee111uailed to property owners or purchasers of record withi11 three hundred (300') feet of the exter11al boundaries of the property ullder consideration 1110re than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under COl1sideratio11 lTIOre thal1 one weel( before said hearillg; and that copies of all notices were n1ade available to newspaper, radio a11d television stations as public service al111ouncenlellts; and the matter having beel1 duly COl1sidered by the City Council at the October 19, 1999, public hearing; and the applicant, affected property owners, and governlnent sllbdivisio11S providing services within the planlling jurisdiction of the City of Meridiall, having beell given full opportunity to express COlTIlUents and SUblUit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code s~ 67-6509 alld 67-6511, and ss11-2-416E and 11-2-417A, MUllicipal Code of the City of Meridian. 3. The City COUI1Cil tal(es judicial notice of its zOlling, subdivisions and development ordinances codified at Title II, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION 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 lnaps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 12.988 acres in size and is located at the northeast cor11er of Pine Street and Ten Mile Road. The property is designated as 890 N. Te11 Mile Road. 5. The owners of record of the subject property are David and Shirley Fuller, of 890 N. Ten Mile Road, Meridian, Idaho. 6. Applicant is Gold River Companies Inc., of 1311 E. Franldin Road, Idaho. 7. The property is presently zoned by Ada County as RT, and consists of agricultural land . 8. The Applicant requested the property be zoned as Mediuln High Density Residential (R-15) and Lilnited Office (L-O). 9. The subject property is bordered to the east, south and west by Ada County Rural Tra11sitio11alland currently in agricultural use. The city limits of the City of Meridia11 are adjacent and abut to the north of the subject property. 10. The property which is the subject of this applicatio11 is withi11 the Area of Impact of the City of Meridian. II. The entire parcel of the property is included within the Meridial1 Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION Service Planni11g Area as the Urban Service Planni11g Area is defined in the Meridian COlnprehensive Plan. 12. The Applicant proposes to develop the subject property in the following l11allner: COl1structiol1 al1d developlue11t of multi-faluily housi11g, t0W11house residential housi11g a11d 18,000 sq. ft. limited office complex, a total of 6 townhouse lots, one cornmerciallot, one apartment lot with 158 residential units and 3 landscaped lots. 13. The subject property is bounded by Thunder Creel" an R-4 Residential Subdivisiol1 to the north; rural residential properties zoned as County R-T 011 the east a11d west; and rural residential/agricultural property on the south. 14. The proposed development and zoning at this time is not cOlnpatible wit11 the COlnprehensive Plan of the City of Meridian, Adopted December 21, 1993, Ordil1a11ce #629 January 4, 1994, for the following reasons: Goal 2: To ensure that growth and development occur il1 an orderly fashion in accordance with adopted policies and procedures governing the use of la11d, residential developluent the provision of services and the distribution of new housing units withil1 the Urban Service Planning Area. Residential Policies 2.3U - Protect and maintain residential neighborhood property values, ilnprove each neighborhood's physical condition and enhance its quality of life for residents. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION 2.5U - Encourage compatible infill development that will improve existing neighborhoods. Housing Policies 1.13U - Infilling of random vacant lots in substantially developed, single- family areas should be considered at densities Sil11ilar to surrounding development. Il1creased densities on randolTI vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; or b. Development of uses other than single-family structures are compatible with surrounding development. c. It complies with the updated Comprehensive Pla11. 1.19 - High-density developlnent, where possible, should be located near open space corridors or other permanent lnajor open space and parl( facilities, and near major access thoroughfares. 15. The proposed developlnent is not il1 conformance with the COInprehensive Plan, in that, the proposed development is more dense than the existing neighboril1g residential property, and is located a considerable distance froIn the ce11tral core of the City. It is found, give11 these CirCUlTIstances, to be a proposed developlnent that does not Ineet Goal 2 of the Goals of the Comprehensive Plan; a11d it is 110t, as proposed, present and orderly fashion of development as the City has developed in the surrou11ding area. Additionally, the proposed developlnent does not meet Resid.ential Policies at page 23, 2.3U and 2.5U, and the proposed development fails to be in complia11ce with the provisions at page 68, Housing Policies, 1.13U and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION / I 1.1 9 of the Comprehensive Plan. 16. Persons who are residents and property owners that reside in the area of the proposed development are concerned with, and objected to: The High Density Residential development at the location, which is adjace11t to the intersection of Pine and Ten Mile, given the existing traffic problelTIS, particularly associated with the use of existing roads for Meridian School Students, facility and staff, at that location, and concern of traffic cutting through the proposed development as presently proposed. 17. The High Density Residential development would be adjacent to Low Density Residential developluent, which surrounds the subject real property. 18. The proposed development would pose a high demand for eluergency services. 19. It is found to 110t be i11 the best interests of the City of Meridian to annex the subject property, at this time, given the subject development proposal. CONCLUSIONS OF LAW 1. The City of Meridia11 has authority to annex real property upon written request for annexation and the real property being contiguous or adjace11t to city baul1daries 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 Sectiol1 11- 2-417 provides the City Inay aI111ex real property that is within the Meridia11 Urbal1 Service Planning Area as set forth il1 the City's Comprehensive Plal1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION 2. The City Council111ay tal<e judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idal10 Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. The requested zoning of Medium High Density Residential District, (R- IS) and Limited Office (L-O), are defined in the Zoning Ordinance at 11-2-408 B. 5. as follows: (R-15) Medium High Density Residential District: The purpose of the (R- 15) District is to permit the establishlnent of medium-high density single- family attached and multi-family dwelli11gs at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a tral1sportation arterial or collector, abut or have direct access to a parl< or opel1 space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predolninant housing types in this district will be patio homes, zero lot line single-falnily dwellings, t0VV11houses, apartlnent buildi11gS and condon1i11iums. A11d at Zoning Ordinance Section 11-2-408 B. 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 uses shall not involve heavy testing operations of a11Y Idnd or product luanufacturing of such a nature to create 11oise, vibration or eluissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act asa 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 System of the City of Meridian is a requirement FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION in this district. 5. That in ~ 11-2-417 A it provides in part that: "If the Comlnission and Council approve an annexation request, the Comlnission 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 conforlnance with the COlnprehensive Plan of the City of Meridian in particular with: 6.1 Goal 2 of the Goals of the Comprehensive Plan; and 6.2 Residential Policies at page 23, 2.3U and 2.5U; a11d 6.3 Housing Policies at page 68, 1.13U and 1.19 of the COlnprehensive Plan. 7. Idaho Code S 67 -6511 (c) provides in matters where the City Cou11cil is C011sideri11g a zoning designation application as follows: "If the request is fOU11d by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon tl1e delivery of services by any political subdivision providing public services, includi11g school districts, within the planning jurisdiction, the governing board may require the request to be subluitted to the pla11ning or planning and z011ing comluission or, i11 absence of a COffiluission, the gover11ing board may consider an amendment to the cOluprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. Mter the plan has been amended, the zoning ordinance may then be considered for ame11dlllent pursuant to section 67 -6511 (b ), Idaho Code." 8. Idaho Code S 67 -6512 (a) provides the authority to grant special and/or C011ditio11al use permits" . . . . when it is 110t in conflict with the plan." [referring to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION the COlnprehensive Plan.] 9. The City's authority to malce and enforce ordinances are confined to within the City's boundaries as provided in Article XII S 2 of the Constitution of the State of Idaho. 10. The provisions of I.C. S 50-222 govern the conditions UpOl1 which the City l11ay exercise its authority to annex territory, but the exercise of that authority is discretio11ary as deterlnined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1 ) That the applicatio11 for annexatiol1 is del1ied. 2) Based upon the section set forth il1 item no. 1 the application for zonil1g designation is dislnissed. NOTICE OF FINAL ACTION Please talce 110tice 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 denial of t11e a1111exatio11 and z011ing Inay within twenty-eight (28) days after the date of this decision al1d order seelc a judicial review as provided by Chapter 52, Title 67, Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER OF DENIAL / GOLD RIVER COMPANIES, INC. - PROPOSED VALERI HEIGHTS SUBDIVISION ,.- } Code. 3R/J By action of the City COUI1Cil at its regular Ineeting held 011 the - day of 1v0(/.eh-v6~ ,1999. ROLL CALL: COUNCILMAN ANDERSON VOTED If~+ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED if~ COUNCILMAN ROUNTREE VOTED ~ P-e't... MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: / /,- :3 - 9 9 VOTED MOTION: APPROVEll ~) ~- DISAPPROVED: October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3,1999 APPLICANT: ST. LUKE'S REGIONAL MEDICAL CENTER ITEM #: 10 REQUEST: CONDITIONAL USE PERMIT FOR PHASE 3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING OEPT: CITY SEWER OEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: V(\)~JU OJV ~/O NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BOV\Vlte ~O1';. ~t13 ~ 51000 (;I; ~ interoffice MEMORANDUM To: William G. Berg, Jr. :RECEIVED OCT 2 9 1999 CITY OF MERIDIAN From: Wm. F. Gigray, III Subject: ST. LUKE'S REGIONAL MEDICAL CENTER / PHASE III File No.: CUP-99-023 Date: October 29, 1999 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their October 19, 1999, meeting. The Findings will be on the COU11Cil's agenda for their November 3, 1999, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve copies of both documents upon the Applicant, Planning and Z011ing, Public Works Department and the City Attof11ey. If you have any questions please advise. msglZ: \ W ork\M\Meridian 153 60M\S tLukes\ClkLtrCUPffcls .RECEIVED OCT 2 9 1999 CITY OF MERIDIAN BEFORE THE MERIDIAN CITY COUNCIL IN THE MAlTER OF THE APPLICATION OF ) ST. LUI<E'S REGIONAL MEDICAL CENTER ) FOR A CONDITIONAL USE PERMIT FOR ) PHASE 3 OF ST. LUI<E'S REGIONAL ) MEDICAL CENTER, LOCATED AT THE ) CORNER OF EAGLE ROAD AND 1-84 AT ) 520 S. EAGLE ROAD, MERIDIAN, IDAHO ) ) CASE NO. CUP-99-023 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter COIning before the City Council on the 19th day of October, 1999, for final action on conditional use permit application and the Council having received a11d approving the recommendation of the Planning and Zoning Comlnission the Cou11cil takes the following action: 1. That the Applicant, and ovvner of the property, St. Lul<.e's Regional Medical Center, is hereby granted a conditional use permit for construction and development, Inaintel1ance and operation, of a 24 hour hospital facility consisting of a six story plus lnechanical penthouse building of 182,600 sq. ft., located at 520 S Eagle Road, Meridian, Idaho, as described in the Site Plan dated 6/30/99 , DRAWN BY: JAG/JDR, CHECI<.ED BY: TLS, JOB NO. 98080, PROJECT NAME: ST. LUI<.E'S MERIDIAN MEDICAL CENTER PHASE III, OLSON & ASSOCIATES ARCHITECTS, P.A., ARCHITECTS, for the development of the aforementioned projects and which property is described hereinbelow to-wit: A tract of land situated in a portion of the Northwest 1/4 of Section 16, Tovvnship 3 North, Ra11ge 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6 ST. LUKE'S REGIONAL MEDICAL CENTER FOR PHASE 3 Commencing at a found brass cap monulnenting the Northwest Corner of said Section 16, thence easterly along the northerly line of said Section 16 and the ce11terline of Franl<.lin Road South 890-28'-40" East a distance of 2706.18 feet to a found brass cap monumenting the Northeast Corner of said Northwest 1/4 of Section 16, thence westerly along said centerline North 890-28'-40" West a distance of 1353.13 feet to a point, said point being the Northeast Comer of the Northwest 1/4 of the Northwest 1/4 of said Section 16, thence southerly along the easterly line of said Northwest 1/4 of the Northwest 1/4 South 000-21'-5611 East a distance of 290.11 feet to a point, said point being the POINT OF BEGINNING. The11ce continuing alol1g said easterly line South 000-21'-56" East a distance of 2318.87 feet to a found steel pin on the northerly right-of-way of Interstate 84; Thence westerly along said northerly right-of-way North 850-45'-10" West a distance of 438.46 feet to a found highway monument; Thence South 890-091-38" West a distance of 758.53 feet to a found highway lnonument; Thel1ce North 460-13'-58" West a distance of 142.42 feet to a found highway monument on the easterly right-of-way of South Eagle Road; Thence along said easterly right-of-way North 000-50'-36" West a distance of 394.41 f~et to a found highway monument. Thence South 890-09'-24" West a distance of 5.00 feet to a found highway monume11t; Thence 432.63 feet along the arc of a non-tangent circular curve to the right, said curve having a radius of 5659.58 feet, a central angle of 040-22'-47", a chord bearing of North 0 10-20'-47" East and a chord distance of 432.52 feet to a found highway mOl1ument; Thence 342.87 feet along the arc of a circular curve to the left, said curve having a radius of 5799.58 feet, a cental angel of 030-23'-1411, a chord bearing of North 010- 50'-33" East and a chord distance of 342.82 feet to a point on the southerly line of Montvue ParI, Subdivision; ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6 ST. LUKE'S REGIONAL MEDICAL CENTER FOR PHASE 3 Thence leaving said easterly right-of-way alld along the southerly line of said Montvue Parl( Subdivision South 890-35'-25" East a distance of 941.72 feet to a point, said point being the Southeasterly Corner of said Montvue Parl( Subdivision; Thence northerly along the easterly lille of said Montvue Parl( Subdivision North 000-20'-17" West a distance of 910.48 feet to a found steel pin; Thence leaving said easterly line South 890-35'-17" East a distance of 59.40 feet to a found steel pin; Thence North 000-18'-35" West a distance of 400.25 feet to a fOUlld steel pin 011 the southerly right-of-way of said Franldin Road; Thence along said southerly right-of-way South 890-28'-40" East a distance of 132.36 feet to a found steel pin; Thence leaving said southerly right-of-way South 000-21'-18" East a distance of 250.10 feet to a point; Thence South 890-28'-40" East a distance of 149.99 feet to the POINT OF BEGINNING. The above described tract of land contains 46.08 acres, more or less, subject to all existing easeluents and rights-of-way. 2. That the above nalued applicant is granted a conditional use perluit for construction and development of a 24 hour hospital facility consisting of a six story plus mechanical penthouse building of 182,600 sq. ft., located at 520 S. Eagle Road, Meridian, Idaho, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Applicant shall comply with requirements of ITD for State Highway-55 and Interstate-84 frontage. Applicant shall provide a letter from ITD to the District regarding said requirelnents prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6 ST. LUKE'S REGIONAL MEDICAL CENTER FOR PHASE 3 2.2 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orl(s Departluent. 2.4 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. 2.5 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. 2.6 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. 2.7 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 parl<ing areas. All site drainage shall be contained and disposed of on-site. 2.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordina11ce Sectio11 11-2-14.D.3. 2.9 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6 ST. LUKE'S REGIONAL MEDICAL CENTER FOR PHASE 3 2.10 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.12 Assessment fees for water and sewer service are determined during the building plan review process. 2.13 Project engineer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public W orl(s Departme11t. 2.14 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 should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.15 Applicant shall be required to enter into an Assessment Agreelnent 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. 2.16 Landscaping shall be installed as shown on the landscape plan. A11Y changes luust be approved i11 writi11g i11 advance. 2.17 A luinimUln 20' landscaped buffer must be provided along all property lines adjacent to residential property. 35' is recommended as shown on the proposed site plan. 2.18 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 building permits. 2.19 Applicant shall provide a letter of approval from Ada County Highway District with sublnittal of site plan prior to issuance of Certificate of Zoning Compliance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6 ST. LUKE'S REGIONAL MEDICAL CENTER FOR PHASE 3 {' 2.20 Applicant shall provide handicapped accessible parldng spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parldng lot construction shall meet the requirements of the Americans with Disabilities Act. 2.21 The City of Meridian hereby waives any unforseen setbaclc problems. 2.22 The Applicant shall provide adequate parldng for sixth floor occupants prior to issuance of an occupancy perluit. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Perluit Holder, this conditional use permit is not transferable without complying with the provisions of ~ 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. :2 (2..# By action of the City Council at its regular meeting held on the ;;; - day of ~t/e.m6Rj-, 1999. .~ o D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Departlne11t and City Attorney. Dated:,\lHU!( - 3- ---fc; ,-",\ \. 'iI/ ..,.,,,,,,"\\.\ -' O. F ~'/~J" ,'\: ,-,"\ ""\ ;,1';; ~.... r~ ~ ..:- v rOo.6 ~ ~ ~~~~ ~ $ ~. ~ , > ~ msg/Z:\Work\M\Meridian 15360M\StLukes\CUP<fder SEAL ~ l ~ ~ l ~ ~ ~~ '" ~~~ ~ ~ ~ ~ 1" 1S't · .jJ ~ ~ ~ d!t'\'t' " ,"" 1V' " ORDER OF CONDITIONAL APPROVAL OF cONDrh ~~IT - PAGE 6 OF 6 ST. LUKE'S REGIONAL MEDICAL CENTER FOR PHASE'31f1 nUl\' BX: City Cleric ( RECEIVED OCT -2 9 1999 CITY OF l\1ERIDIAN BEFORE THE MERIDIAN CITY COUNCIl IN THE MATTER OF THE APPLICATION OF ST. LUI(E'S REGIONAL MEDICAL CENTER, FORA CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUI(E'S REGIONAL MEDICAL CENTER, LOCATED AT THE CORNER OF EAGLE ROAD AND 1-84 AT 520 S. EAGLE ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-99-023 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 COU11Cil 011 October 19, 1999, and Shari Stiles, Plan11ing aI1d Zoning Adlninistrator, appeared and testified at the hearing, and Developer/Applica11t, Bill Bod11ar, Vice-President of St. Lul(e's, appeared and testified, al1d those appearing requesti11g specific c011ditions of t11e cOI1ditional use permit to include a dedication of public right-of-way adjacent to the south of Montvue Subdivision, which lies to the north of the subject real property, were: Patricia Wright, John McCreedy, as attorney for MontVlle Subdivisio11, Tricia Griffith, Pat Doby, a11d Jeff Fuss, a11d the City Council l1avi11g received the staff report and the record made before the Planning a11d Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE I OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUICE'S REGIONAL MEDICAL CENTER FOR PHASE 3 COlTIlnission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the conditiol1al use perInit was ptlblished for two (2) consecutive weel<s prior to the said public hearing scheduled for October 19, 1999, before the City Council, the first publication appearing and writte11 110tice having been lnailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration lTIOre than fifteen (15) days prior to said hearing and with the notice of public hearings havil1g been posted upon the property under consideration more than one weel( before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announceInents; and the matter having beel1 duly considered by the City Council at the said October 19, 1999, public hearing; and the Applicant, affected property owners, and governlnel1t subdivisions providing services within the plannil1g jurisdiction of the City of Meridian, having been given full opportunity to express comlnents and submit evidence. 2. There has been cOlnpliance with all notice and hearing requirements set forth in Idaho Code 8867-6509 and 67-6512; and 8811-2-416E and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUICE'S REGIONAL MEDICAL CENTER FOR PHASE 3 11-2-418E as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed 'With the staff report. 3. Council tal(es judicial notice of its Zoning, Subdivision and Developmellt Ordillances codified at Title 11 Municipal Code of the City of Meridiall alld all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps and the Ordinance establishi11g the Impact Area Boundary Ordinance and Map. The property is located at the corner of Eagle Road and 1-84 at 520 S. Eagle Road, Meridiall, Idaho. 4. The owner of record of the subject property is St. Lul(e's Regional Medical Cellter of 190 E. Bannock, Boise, Idaho. 5. Applicant is 0VV11er of record. 6. The subject property is currently zoned Limited Office (L-O). The ZOlUIlg district of L-O is defined within the City of Meridian Zoning and Developmellt Ordillallce, Section 11-2-408(B)(7). 7. The proposed application requests a conditional use permit for COllstruction and development of a 24 hour hospital facility consisting of a six story FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI<E'S REGIONAL MEDICAL CENTER FOR PHASE 3 plus l11echanical penthouse building of 182,600 sq.ft. The Meridian City zonil1g ordinance requires a conditional use permit for multiple buildings on one lot. 8. The Meridian Comprehensive Plan requires a conditional use permit for areas designated as Mixed Planned Use Development. 9. The use proposed 'Within the subject applicatio11 'Will be hanl10nious and i11 accordance 'With the Meridian City Comprehensive Plan as follows: 9.1 Page 18 states the follo'Wing Economic Development Goal "Meridian seeks to stimulate, encourage and give preferel1ce to those types of economic activities and developl11ents which provide for the elnployrnent of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for worl(. " 9.2 The follo'Wing eCOl1omic developll1ent policies on page 18 also apply: 1.1 The City of Meridian shall make every effort to create a positive atl110sphere which encourages industrial al1d coml11ercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridial1 to set aside areas where commercial and industrial interest and activities are to dOlninate. 1.3 The character, site improvements al1d type of new commercial or industrial developments should be harmonized 'With the natural environment and respect t11e unique needs and features of each area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 9.3 The subject parcel is shovvn on the Generalized Land Use Map as a Mixed/Planned Use Development. The following land use objectives on page 22 apply: 1. Mixed-planned uses along the 1-84 corridor, which are attractive and compatible with high-volume traffic corridors. 4. Plam1ed lnixed uses along 1-84, Franldi11 Road, D.P. Railroad, and Fairview access corridors. 9.4 Page 27 lists the following intent for mixed use areas adjacent to 1-84: " .. . this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium-to-high density residential, open space uses, ... tourist lodging, industrial, office, ll1edical, and related land uses." 9.5 The following policies regulating mixed uses along 1-84 on page 28 also apply: 5.8 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space, and other la11dscaping techniques. 5.10 Developmel1t should be conducted under Planned Unit Development procedures and as conditiol1al uses, especially when two or more differing uses are proposed. 10. Montvue ParI, Subdivision lies adjacent and to the north of the subject real property, which subdivision consists of residential development upon large FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 lots and which subdivision is served by North, West, South and East Montvue Drive, and which additionally provide access to parcels within the subdivision from a location on Eagle Road near the intersection of Franldin Road. The remaining parcels front on Frallldin Road. 11. No one appeared in oppositio11 to the application other than those residents a11d owners, within Montvue Parl( Subdivision, that requested a dedication for 400 feet adjacent and to the south of Montvue Parl<. Subdivision of the Applicant's property to the Ada COU11ty Highway District. 12. The property owners do not request the construction and lnaintenance of a public road, at this time, as a condition of the conditional use pennit. The basis of the request is for future access from the subdivision to Eagle Road in anticipation of closure of Montvue Dr. access, as Eagle Road reaches capacity and anticipatio11 of a change in use of the subdivision to commercial use. 13. There is no access, public or otherwise, connecting Montvue Dr. with the northern boundary of the subject real property. 14. The existing use of the Montvue Parl( Subdivision is residential. 15. Montvue Drive has an existing access to Eagle Road. 16. The Ada County Highway District has reviewed the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 application and has not required dedicatiol1 of a public road, but rather recommended voluntary cooperation on the part of the Applicant to provide a location for cross access to Montvue Dr. The Applicant is willing to provide a private land cross access easelnent, reside11tial use access to St. Lul(e's CalTIpUS drive system, for a11 average volulne of traffic consistent with residential use, plus ten percent (10%). 17. That the Applicant, and owner of the property, St. Lul(e's Regio11al Medical Center, seelcs to have granted a conditional use permit for construction and developme11t of a 24 hour hospital facility consisting of a six story plus mechanical penthouse building of 182,600 sq. ft., located at 520 S. Eagle Road, Meridian, Idaho. The requested conditional use is described i11 the Site Plan dated 6/30/99 , DRAWN BY: JAGIJDR, CHECI<ED BY: TLS, JOB NO. 98080, PROJECT NAME: ST. LUI<E'S MERIDIAN MEDICAL CENTER PHASE III, OLSON &ASSOCIATES ARCHITECTS, P.A., ARCHITECTS, for the development of the aforeme11tioned projects and which property is described hereinbelow to-wit: A tract of land situated in a portion of the Northwest 1/4 of Section 16, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Cormnencing at a found brass cap Inonumenting the Northwest Comer of said Section 16, thence easterly along the northerly line of said Section 16 and the centerline of Franldin Road South 890-28'-40" East a distance of 2706.18 feet to a found brass cap monumenting the Northeast Corner of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 said Northwest 1/4 of Section 16, thence westerly along said centerline North 890-28'-40" West a distance of 1353.13 feet to a point, said point being the Northeast Comer of the Northwest 1/4 of the Northwest 1/4 of said Section 16, thence southerly along the easterly line of said Northwest 1/4 of the Northwest 1/4 South 000-21'-56" East a distance of 290.11 feet to a point, said point being the POINT OF BEGINNING. Thence continuing along said easterly line South 000-21'-56" East a distance of 2318.87 feet to a found steel pin on the northerly right-of-way of Interstate 84; Thence westerly along said northerly right-of-way North 850-45'-10" West a distance of 438.46 feet to a found highway monument; The11ce Soutl1 890-09'-38" West a distance of 758.53 feet to a found highway monument; Thence North 460-13'-58" West a distance of 142.42 feet to a found highway lllonume11t on the easterly right-of-way of South Eagle Road; Thence along said easterly right-of-way North 000-50'-36" West a distance of 394.41 feet to a found highway monument. Thence South 890-09'-24" West a distance of 5.00 feet to a fou11d highway lTIOnUment; Thence 432.63 feet along the arc of a non-tangent circular curve to the right, said curve havi11g a radius of 5659.58 feet, a central angle of 040- 22'-47t1, a chord bearing of North 010-201-47" East and a chord distance of 432.52 feet to a found highway monument; Thence 342.87 feet alo11g the arc of a circular curve to the left, said curve having a radius of 5799.58 feet, a cental angel of 030-23'-14", a chord bearing of North 010-50'-33" East and a chord distance of 342.82 feet to a point on the southerly line of Montvue Park Subdivision; FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 Thel1ce leavil1g said easterly right-of-way and along the southerly line of said Montvue Parle Subdivision South 890-35'-25" East a distance of 941.72 feet to a point, said point being the Southeasterly Corner of said Montvue Parle Subdivision; Thence northerly alo11g the easterly line of said Montvue Parle Subdivision North 000-20'-17" West a distance of 910.48 feet to a found steel pin; Thence leaving said easterly line South 890-35'-17" East a distance of 59.40 feet to a found steel pin; Thence North 000-18'-35" West a distance of 400.25 feet to a found steel pin on the southerly right-of-way of said Franl<lin Road; Thence along said southerly right-of-way South 890-28'-4011 East a distance of 132.36 feet to a found steel pin; Thence leaving said southerly right-of-way South 000-21'-18" East a distance of 250.10 feet to a point; Thence South 890-28'-40" East a distance of 149.99 feet to the POINT OF BEGINNING. The above described tract of land contains 46.08 acres, more or less, subject to all existing easements and rights-of-way. 18. The use proposed within the subject application will in fact, C011stitute a conditional use as determi11ed by City Ordinance. 19. Giving due c011sideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 gover11mental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities a11d services required by the proposed development will not ilnpose expe11se upon the public if the following conditions of development are ilnposed a11d the following is also found to be required to mitigate the effects of the proposed use a11d developlue11t upon services delivered by political subdivisio11s providing services to the subject real property within the planning jurisdiction of the City of Meridian. 19.A Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Melllorandum dated August 9, 1999, be required as follows: Adopt the Ada County Highway District's Recommendations as follows: 19.1 Applicant shall comply with requirements of ITD for State Highway-55 and Interstate-84 frontage. Applicant shall provide a letter from ITD to the District regarding said requirements prior to District approval of the fi11al plat or issuance of a building permit (or other required perlnits), whichever occurs first. 19.2 As required by District policy, restrictions on the width, nUluber and locations of driveways, shall be placed on future developlnent of this parcel. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 19.3 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orles Departluent. 19.4 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. 19.5 Off-street parldng shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordina11ce and/or as detailed in site-specific requirements. 19.6 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 Ordil1.ance and in accordance with Americans with Disabilities Act (ADA) requirements. 19.7 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. 19.8 Outside lighting shall be designed and placed so as not to direct illulni11ation on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 19.9 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 pennitted. I 9.1 0 Applicants shall provide five-foot -wide sidewallcs ill accordance with City Ordinance Section 11-9-606.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE II OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUreE'S REGIONAL MEDICAL CENTER FOR PHASE 3 19.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 19.12 Assessment fees for water and sewer service are detennined during the building plan review process. 19.13 Project engineer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public W orl(s Department. 19.14 Applicant shall provide the Public W orles Department with inforlnation on anticipated fire flow and domestic water requirements for the proposed site. Flow a11d pressure froIn the existing mains should be monitored with the Meridian Water Departlnent to detennine whether adequate fire protection exists. 19.15 Applicant shall be required to e11ter 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 reilnburse the parties responsible for installing mains to their current points. 19.16 Landscaping shall be installed as shown on the landscape plan. Any changes must be approved in vvriting in advance. 19.17 A mi11imum 20' landscaped buffer must be provided along all property lines adjacent to residential property. 35' is recoffilne11ded as shown on the proposed site plan. 19.18 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 building permits. 1 9.1 9 Applicant shall provide a letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 19.20 Applicant shall provide handicapped accessible parldng spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parldng lot construction shall meet the requirements of the Americans with Disabilities Act. The Planning and Zoning Commission further recommends: 19.21 The City of Meridian hereby waives any unfarseen setbacl<. problems. 19.22 The Applicant shall provide adequate parking for sixth floor occupants prior to issuance of an occupancy permit. 20. The proposed uses within the subject application will be harll1oniotlS with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 21. The uses proposed within the subject application will be subject to the C011ditions set forth in Finding of Fact no. 19 and will be designed, constructed, operated a11d maintained to be harmonious and appropriate in appeara11ce or intended character of the general vicinity a11d that such uses will not change the intended essential character of the same area. 22. The uses proposed within the subject application will110t be hazardous or disturbing to existing or future neighboring uses. 23. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUIeE'S REGIONAL MEDICAL CENTER FOR PHASE 3 adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 24. The applicant has agreed to pay a11Y additional sewer, water or trash fees or charges, if any associated with the use. 25. The uses proposed within the subject application will110t involve uses, activities, processes, lnaterials, equiplnent and conditions of operation that will be detriluental to any persons, property or the general welfare by reason of excessive prodllction of traffic, noise, smolce, fuInes, glare or odors. 26. The development will not result i11 the destruction, loss .or dalnage of natural or scenic feature of Inajor importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code S 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use perlnits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zorling 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 14 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 for the proposed use, and when it is not in conflict 'With the plan; a11d (C) That upon the granting of a special use pennit, conditions may be attached to a special use permit, including, but not limited to, those: 1 ) Minimizing adverse impact on other developlnent; 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 developlnent; 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 Initigation of effects of the proposed developlnent upon service delivery by any political subdivision, including school districts, providing services 'Within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Pennits by the enactment of s 11-2-418 Municipal Code. 3. Idaho Code 9 67-6504 provides that the City Councillnay exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is 1a.10VVl1 as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has e11acted the COlnprehensive Plan City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 15 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUreE'S REGIONAL MEDICAL CENTER FOR PHASE 3 (I Meridial1 adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, and owner of the property, St. Lul(e's Regional Medical Center, is hereby granted a conditional use permit for construction and development, maintenace and use, of a 24 hour hospital facility consisting of a six story plus mechanical penthouse building of 182,600 sq. ft., located at 520 S. Eagle Road, Meridian, Idaho. The development of requested conditional use shall be substantially as described in the Site Plan dated 6/30/99, DRAWN BY: JAG/JDR, CHECI<ED BY: TLS, JOB NO. 98080, PROJECT NAME: ST. LUI<E'S MERIDIAN MEDICAL CENTER PHASE III, OLSON & ASSOCIATES ARCHITECTS, P.A., ARCHITECTS, for the development of the aforementioned projects and which property is described hereinbelow to-wit: A tract of land situated in a portion of the Northwest 1/4 of Section 16, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 16 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUICE'S REGIONAL MEDICAL CENTER FOR PHASE 3 COlTIlnencing at a found brass cap monunlenting the Northwest Corner of said Section 16, thence easterly along the northerly line of said Section 16 and the ce11terline of Franldin Road South 890-28'-40" East a distance of 2706.18 feet to a found brass cap monumenting the Northeast Corner of said Northwest 1/4 of Section 16, thence westerly along said centerline North 890-28'-40" West a distance of 1353.13 feet to a point, said point being the Northeast Corner of the Northwest 1/4 of the Northwest 1/4 of said Section 16, thence southerly alo11g the easterly line of said Northwest 1/4 of the Northwest 1/4 South 000-21 '-56" East a distance of 290.11 feet to a point, said POi11t being the POINT OF BEGINNING. Thence continuing along said easterly line South 000-21'-56" East a distance of 2318.87 feet to a found steel pin on the northerly right-of-way of Interstate 84; Thence westerly along said northerly right-of-way North 850-451-10" West a dista11ce of 438.46 feet to a found highway Inonument; Thence South 890-09'-38" West a distance of 758.53 feet to a found highway monument; Thence North 460-13'-58" West a distance of 142.42 feet to a found highway InonUlnent on the easterly right-of-way of South Eagle Road; Thence alo11g said easterly right-of-way North 000-50'-36" West a distance of 394.41 feet to a found highway IllOl1ument. Thence South 890-09'-24" West a distance of 5.00 feet to a found highway Inonulne11t; Thence 432.63 feet alo11g the arc of a non-tangent circular curve to the right, said curve having a radius of 5659.58 feet, a central angle of 040-22'-47", a chord bearing of North 010-20'-47" East and a chord distance of 432.52 feet to a found highway monun1ent; Thence 342.87 feet along the arc of a circular curve to the left, said curve havi11g a radius of 5799.58 feet, a cental angel of 030-23'-14", a chord bearing of North FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 17 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 ( 010-50'-33" East and a chord dista11ce of 342.82 feet to a point on the southerly line of Montvue Parl( Subdivision; Thence leaving said easterly right-af-way and along the southerly line of said Montvue Park Subdivision South 890-351-25" East a distance of 941.72 feet to a point, said point being the Southeasterly Corner of said Montvue Parl( Subdivision; Thence northerly along the easterly line of said Montvue Parl( Subdivision North 000-201-17" West a distance of 910.48 feet to a found steel pin; Thence leaving said easterly line South 890-35'-17" East a distance of 59.40 feet to a found steel pin; Thence North 000-18'-35" West a distance of 400.25 feet to a found steel pin on the southerly right-of-way of said Franldin Road; The11ce along said southerly right-af-way South 890-28'-40" East a distance of 132.36 feet to a found steel pin; Thence leaving said southerly right-of-way South 000-211-18" East a distance of 250.10 feet to a point; Thence South 890-28'-40" East a distance of 149.99 feet to the POINT OF BEGINNING. The above described tract of land contains 46.08 acres, more or less, subject to all existing easements and rights-of-way. 2. The applicant is granted the conditional use permit set forth in Part I subject to the following tenns and conditions: 2.1 Applicant shall comply with requirelnents of ITD for State Highway-55 and Interstate-84 fro11tage. Applicant shall provide a letter from ITD to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 18 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUreE'S REGIONAL MEDICAL CENTER FOR PHASE 3 ( ( District regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2.2 As required by District policy, restrIctIons on the width, nUlllber and locations of driveways, shall be placed on future development of this parcel. 2.3 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 orles Department. 2.4 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 Inay be used for non-domestic purposes such as landscape irrigation. 2.5 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Developlnent Ordi11ance aI1d/or as detailed in site-specific requirements. 2.6 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. 2.7 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 a11d disposed of on-site. 2.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 19 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUICE'S REGIONAL MEDICAL CENTER FOR PHASE 3 (- 2.9 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. 2.10 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.12 Assessment fees for water and sewer service are determined during the building plan review process. 2.13 Project engineer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public W orl(s Department. 2.14 Applicant shall provide the Public W orles Departlnent with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.15 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 curre11t points. 2.16 Landscaping shall be installed as shown on the landscape plan. Any changes must be approved in writing in advance. 2.17 A Ininilnum 20' landscaped buffer must be provided along all property lines adjacent to residential property. 35' is recommended as shown 011 the proposed site plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 20 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 2.18 Applicant shall coordinate locations and construction requireluents of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.19 Applicant shall provide a letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 2.20 Applicant shall provide handicapped accessible parldng spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction shall meet the requireluents of the Americans with Disabilities Act. 2.21 The City of Meridian hereby waives any unforseen setback problelus. 2.22 The Applicant shall provide adequate parl<.ing for sixth floor occupants prior to issuance of an occupancy pennit. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accorda11ce with this Decision, which shall be signed by the Mayor a11d City ClerIc and then a copy served by the Clerl( upon the applicant, the Planning and Zoning Departlnent, Public W orl<5 Departlne11t and City Attorney a11d any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 21 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUICE'S REGIONAL MEDICAL CENTER FOR PHASE 3 NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has a11 interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may vvithin twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. 2R./J By action of the City Council at its regular meeting held on the if ~v.eh^- ~ , 1999. day of ROLL CALL COUNCILMAN ANDERSON VOTED ah",';- COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED~ COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 22 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUr(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 MAYOR ROBERT D. CORRIE (TIE BREAI<ER) 11-1-f9 VOTED DATED: MOTION: APPROVE~ S-- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orles Departlnent and City Atton1ey. Dated: /(~ /j-fCj FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 23 OF 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ST. LUI(E'S REGIONAL MEDICAL CENTER FOR PHASE 3 DELINQUENCY FOR TURN . OFF SCHEDULED FOR 11/17/99 RECEIVJi;]~, NOV - 3 1999 CITY OF MERIDL~'\J MAYOR: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7 :30 P.M. Wednesday 3,1999 before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain council. This service will be discontinued on November 17, 1999 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and delinquency? No response. MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho code. Even though they appeal, their water will be shut off. The amount of the turn off list is $119.198.90. .F ~ October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3.1999 APPLICANT: STEINER DEVELOPMENT ITEM #: 4 REQUEST: FF&CL REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS CITY POLICE OEPT: NO COMMENT CITY FIRE DEPT: NO COMMENT CITY BUILDING OEPT: NO COMMENT CITY SEWER DEPT: CITY WATER DEPT: NO COMMENT MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NO COMMENT yfiV Wf r ~ to NAMPA MERIDIAN IRRIGATION: SEE COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: NO COMMENT All Materials presented at public meetings shall become property of the City of Meridian. ~rT ~ It;; KJv.-- BY.' ;1Cl!=f'-r-. V. i,... .,1~.:.. . ".. :t""i. JL:,.i Jl !'~' ' , ~}~ ~~.lJ: BEFORE THE MERIDIAN CITY COUNCIL OCT 2 8 1999 CITY OF lVIERIDI11i~ IN THE MATTER OF THE APPLICATION OF LOUIS J. STEINER (STEINER DEVELOPMENT), FORA VARIANCE OF MAXIMUM BLOCI( LENGTH AND MAXIMUM CUL-DE-SAC LENGTH FOR THE LAI<ES AT CHERRY LANE NO.9 SUBDIVISION, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) V AR-99-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE T11e above entitled Inatter coming on regularly for public hearing before the City COl-111cil 011 tl1e October 19, 1999, and Shari Stiles, Pla11ning a11d Zoni11g Adlni11istratof, appeared and COlTIlnented at the hearing, a11d Becl<y Bowcutt of Briggs Engineeri11g appeared and testified on behalf of the applicant at the hearing, and the City eOl-Incil havi11g received the transll1ittal to age11cies and having received the varia11ce applicatio11, havi11g 11eard the testill10ny presel1ted, being fully advised in the prelnises does hereby lllal(e the following Findings of Fact a11d Conclusions of Law and Order of Decisiorl, as follows to-wit: FINDINGS OF FACT 1. The City Council tal(es judicial110tice of its Zonil1g, Subdivisiol1s a11d Developll1e11t Ordina11ces codified at Title II Municipal Code of the City of Meridia11 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT i \ alld all currellt zoning maps thereof and the Comprehellsive Plan of the City of Meridiall adopted Decelnber 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The llotice requirements of Idaho Code SS 67 -6509, 6516 and 99 11-2- 416 E al1d 41 9 D as evidel1ced in the record of this matter have been met. 3. The Applicant is Louis J. Steiner of Steiner Development, whose address is 554 E. Bellevue Road, Suite B, Atwater, California 95301-2300. The locatiol1 of the sllbject property is the east side of Ashford Greens and west of Lal(e at Cherry Lane #4, Meridian, Idaho. 4. The legal description of the property appertains to the real property that is il1cluded within the Vicil1ity Map as appears ill the record of proceeds of this 111atter, al1d is described as follows: A parcel of lal1d lyil1g in the NW 1/4 of Section 3, TOWllShip 3 North, Rallge I West, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: COlnlnel1cing at the NE conler of the NW 1/4 of Section 3, T.3N., R.1 W., B.M., thellce S 00027'29" W 1,365.57 feet alollg the east boulldary of the NW 1/4 of said Section 3 to the SE corner of the NE 1/4 of the NW 1/4 of said Section 3, said point beillg 011 the northerly boundary of The Lal(e at Cherry Lane No.4 Subdivision; thellce N 89018'58" W 301.76 feet along the northerly boundary of said The Lal(e at Cherry Lane No.4 Subdivision to the northwesterly corller thereof, thence S 00030' 18" W 108.51 feet along the westerly boundary of said The Lal(e at Cherry Lane No.4 Subdivision to a point 011 the northerly right-of- way lille of W. Moon Lal(e Street, the REAL POINT OF BEGINNING of this descriptio!l; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT Thence continuing S 00030'18" W 161.1 7 feet along the westerly boundary of said The Lal<e at Cherry Lalle No.4 Subdivision to a POill.t; Thence N 85010'18" W 136.33 feet to a point; Thellce N 60040'15" W 164.39 feet to a point; Thellce N 79002'15" W 61.16 feet to a point; Thence N 89018'49" W 398.40 feet to a point; Thellce S 11000'42" E 399.24 feet to a point; Thellce S 61049'13" W 165.37 feet to a point; Thence N 42043'29" W 283.07 feet to a point; Thence N 13056'20" W 266.06 feet to a point; Thence N 08016'07" W 125.42 feet to a point; Thence N 05049'06" W 249.89 feet to a point; Thellce N 35028'22" W 77.08 feet to a POillt; Thence N 42031'18" W 70.53 feet to a point; Thence N 53015'09" W 86.07 feet to a point; Thellce N 56028'32" W 79.07 feet to a point; Thellce N 63013'16" W 65.34 feet to a point; Thence N 78005'29" W 71.13 feet to a point; Thence N 89023' II " W 80.94 feet to a point on the easterly boundary of Ashford Greens Subdivision; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT (' Thel1ce N 00036'56" E 115.00 feet along the easterly boundary of said Ashford Greens Subdivision to a point; Thel1ce N 05038'41" E 50.19 feet to a point; The11ce N 00036'56" E 110.00 feet to a POi11t; The11ce S 89023'04" E 253.95 feet to a point on the ce11terli11e of the Eight Mile Lateral; AlOl1g the centerline of the Eight Mile Lateral; Thence S 54020'47" E 122.28 feet to a point; Thence S 60048'47" E 50.10 feet to a point; The11ce along a curve to the right 230.25 feet, said curve having a delta a11g1e of 17035'24", radius of 750.00 feet, tangents of 116.04 feet, and a long chord bearing S 52001'05" E 229.35 feet to a point; Thence S 43013'23" E 408.30 feet to a point; The11ce S 38008'17" E 153.90 feet to a point; Thel1ce S 35037'17" E 89.76 feet to a point; Leavil1g the centerlil1e of the Eight Mile Lateral; Thence S 89018'58" E 207.07 feet to a point; Thence along a curve to the right 137.49 feet, said curve having a delta al1g1e of 28038'43", radius of 275.00 feet, tal1gents of 70.21 feet; and a long chord bearil1g S 74059'36" E 136.06 feet to a point; Thence S 60040'15" E 111.33 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT Thence along a curve to the left 86.63 feet, said curve having a delta angle of 28021'45", radius of 175.00 feet, tangents of 44.22 feet, and a long chord bearing S 74051'07" E 85.75 feet to a point; Thence S 89002100" E 13.78 feet to the REAL POINT OF BEGINNING of this description, comprising 14.78 acres, more or less. 5. The present land use of subject property is presently zoned as (R-4) Low De11sity Residential District, and contains 14.78 acres, luore or less. 6. The proposed la11d use of subject property is to develop the subject property in the following luan11er: 44 lot single family residential developlne11t. 7. The proposed site of the subject property is bordered on the east side by Asl1ford Greens and west of the Lake at Cherry Lane #4 of the property site. 8. That a vicinity map of the proposed scale approved by the City COUllCil sl10wing property lines, existing streets, proposed district and such other itelus as reqllired 11ave bee11 furnished. 9. That the vicinity map, of which is attac11ed to these fi11di11gS Inarl(ed Exhibit "A" l1as bee11 supplied. 10. Single faluily dwellings are proposed and the variance requested is unrelated to the building pads or setbacl(S. II. The Applicant seel(s a variance of the following provision of the Revised a11d COlllpiled Ordi11a11ces of the City of Meridian, Sectio11 11-9-605 (B)( 6), CUL-DE-SACS, which provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT Cul-De-Sacs: No street which ends in a cul-de-sac or a dead-e11d shall be lol1ger tl1an four hundred fifty feet (450'). And Section 11-9-605E, BLOCI<S, which provides: Bloc](s: Every blocl, shall be so designed as to provide two (2) tiers of lots, except where lots bacl, 011to an arterial street, l1atural feature or subdivision boulldary; blocl<.s shall not be less than five hundred feet (500') l10r luore than one thousand feet (1,000') in length. 12. The existe11ce of special circumstances or conditions affecti11g the property a11d the characteristics of the property which prevent compliance with the ordi11ance: Two blocl,s (Bloclc 4 & 1) exceed the maximUlll blocl, length of 1 ,000 feet. The unusual configuration of the parcel the Eight Mile Lateral and golf course along exterior bou11daries lilnits the lot layout alternatives and creates longer blocl, lengths. The bloclc lengths are excessive due to the inability to brealc bloclcs with a public street. A dog-leg area intrudes into the golf course. This area can only be developed witl1 a cul-de-sac which exceeds the 450' maximUlll length by 70 feet. 13. Strict COll1pliance with the requireluents of S 11-9-605(B)(6) a11d 11-9- 605E of the Revised and Compiled Ordi11ances of the City of Meridian would result i11 extraordinary hardship to the owner, and developer, because the conditions alld reqllirelne11ts of the ordinance would result and be impossible to breal, up the blocl, le11gths or reduce the cul-de-sac length. The ullusual configuration of the property inhibits cOlnpliance with the maximum blocl, length. The adjoinillg lateral and configuration of tIle parcel creates a natural hindrallce for COll1pliance. The addition of stub streets for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT blocl( length reduction would serve no purpose with the Canal and golf course along the exterior. 14. The variaI1ces requested are not out of convenience but froIn necessity. The c011figuration of the parcel was determi11ed by prior developments (i.e., sewer al1d water previously installed in Moon Lal(e Drive.), and the golf course. The variance is not profit orie11ted, it is due to practicality. 15. The granting of the requested varial1ce will not be detrilnental to the public's welfare or injurious to other property il1 the area of the proposed plat, and, in fact, the developlnent of the plat il1 accordance with the conditiol1s of approval a11d the requirelnents of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this lllatter. 16. The granting of this variance will not have al1 effect of altering the i11terest a11d purpose of the Subdivision or Developlne11t Ordinance and or the City's COl11prehel1sive Plal1. 17. The applica11t paid the fee established by the City COUl1Cil for applicatiol1 varial1ce. CONCLUSIONS OF LAW I. The City of Meridian has authority pursuant to the enactment of the Local Lal1d Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT ( provisions of Idaho Code ~ 67-6516 to provide as part of its zoning ordinal1ce for the process of applications for variance pennits. 2. The City of Meridial1 has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Z011ing and Developlnel1t Ordinal1ce varial1ces] as set forth i11 S 11-2-419 of the MUl1icipal Code of the City of Meridian. 3. That the require111ents for the processing of a varial1ce request are set fort11 i11 Idaho Code ss 67-6509] 6516 and SS 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Applicatiol1 al1d stal1dards for variances are set forth in S 11-2-419B. Mll11icipal Code of the City of Meridial1] and the findings which are required are set forth in S 11-2-419C] include required findil1gs that there are special circumstances or conditions affecting the property that strict application of the provisions of Zonil1g a11d Develop111ent Ordi11ance would clearly be ilnpracticable and unreasol1able] al1d a fil1dil1g that strict compliance with the requirelnents of the Zonil1g a11d Developlnent Ordi11al1ce would result in extraordinary hardship to the ovvner] subdivider or developer because unusllal topography] the nature or condition of adjacent developlne11t] or other physical C011ditions or other conditions that lnal<.e strict cOlnpliance with the ordina11ce u11reasonable under the circumstances] or that the conditions and requirements of said ordinance will result in inhibiting the achieveluents or the objectives of the ordinance] al1d FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT t11at t11e granti11g of a specified variance will not be detrimental to the public's welfare or i11jurious to other property in the area in which the property is situated, and that such varia11ce will110t have the effect of altering the i11terest and purposes of the Z011ing and Developlne11t Ordinance a11d the Meridian CompreheI1sive Plan. 5. Section 11-9-605(B)( 6), CUL-DE-SACS, and Section 11-9-605E, BLOCICS, of t11e Revised arld Compiled OrdiI1ances of the City of Meridian provides for aI1 R-4 ZOI1e t11at states in part as follows: Cul-De-Sacs: No street which e11ds in a cul-de-sac or a dead-end shall be I011ger than four hundred fifty feet (450'). Bloc](s: Every blocl( shall be so designed as to provide two (2) tiers of lots, except where lots bacl( onto aI1 arterial street, natural feature or subdivision boulldal)'; blocl<s shall not be less thaI1 five hUI1dred feet (500') nor more thaI1 one thousaI1d feet (1,000') in le11gth. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order aI1d this does Order: I. The Applicant is hereby granted a variance of the provisions of the Revised a11d COlupiled Ordinances of the City of MeridiaI1 Section 11-9-605 (B) ( 6) a11d Section 11- 9-605E for the real property described iI1 Findi11g no. 4 to the extent and in accordallce with and as depicted in the Plat of The Lake At Cherry Lane No.9 Subdivision, Sheet 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT r l of 2, Briggs Engineering, Inc.-Consulting Engineers, Steiner Development-Developer, which has been made a part of the record in this matter. NOTICE OF FINAL ACTION Please ta](e notice that this is a final actio11 of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a perso11 who has a11 interest i11 real property which may be adversely affected by the issuance or de11ial of a varia11ce authorizing a variance of the Cul-De-Sac and Bloclcs, of the R-4 Zone as provided in the Section 11-9-605 (B) ( 6) and Section 11-9-605E, and lnay within twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. 3~f) By actio11 of the City Council at its regular meeting held 011 the -- day of Ilk v.e in-- b {d/l- , 1999. ROLL CALL: COUNCILMAN RON ANDERSON VOTED4~ COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN I<EITH BIRD VOTED-r- COUNCILMAN CHARLIE ROUNTREE VOTED-f4- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT ( ( MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: 1,/-,'5-9f MOTION: APPROVEDq~- ----===-- DISAPPROVED: Copy served upon Applicant, the Pla11ning and Zoning Departlnent, Public W orles Department, and the City Attorney office. /!-:f--tj9 \\\\UI11J111/// ...\\\\ ~ ~-~.?:: ~_III/ ". I Or r~...<._F>,<-.. 1/,1 ,,\. r:(.....' , _ _ t.'-:.'..l.~'~ r - /(/ ......" 0"'. .. ~ ~ .. ~~'.~,) ..-:, ~ /_O,?..';"Uh,~ r/' ' '/ ~ ...0 ('-A -';. ,~ v- ff' ~ ~ SEf~L ~ ~ &' 2 -:.. vQ . ,,OJ 0 ::: % ~~~~ us, 1S\ t ~.f ......... ..-,1 <'\. ~ ~ //// t COUN,~,-'1 ~ \,,"0 /';'1/ ~ \ 11 \\\\' III S'U : H : it H \ \ \ Dated: msg/Z:\Work\M\Meridian 15360M\Steiner Developmt V AR\FfClsGrantVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 11 ORDER OF DECISION GRANTING A VARIANCE / STEINER DEVELOPMENT I i --"~-- .- 4................--~__ ) i --~~ w u z <t - ~ < > I !- I ,~ I ; 1-" I ! i- I I I I i I ; I I : ! f I I I i , j ldj .Lfi ,; :::q I I 0') -c.. 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L I : w g. f ! ~:~ ....0... -.......;:... ::0 ! ;~ I . i : I '\ ~:"~ : ./~ i 15 \\..___~__________-:~________________________ _: __j: ~_':.~~ _.__:~.:::~y:: 25\ 26 ~ ~ I I I I I 11 1 29 C _ _~~ ~~ON 1-~~S2~__=-._~__..~ .... ~~ 30 I SITE ;i i II i 1] I :\ : !I .q : I: i II , II . :! ;\ , :i - ----WT~TER ?2_____ --;1 [[III i I I ! ! I \ : \ ! I \ \ j ! i 1 \ I I ~- u._.WH":.R90~~I.,,!'T~~~_ _.. _'. rII- I ! i - I I \ 4 /~;~ BRIGGS ENGINEERINGr INC. e<QINEEIIl P<1 THE LAKE AT CHERRY LANE NO.9 SUBDIVISION PORTION NW 1/4 SECTION 3, T3N, RIW, 8M MERIDIAN, ADA COUNTY, IDAHO REVISION JUl () 8 1999 [ BRIGGS J tole EXH~DI-Wcx)'A" - FIN ~~~NS 0 SHEET 1 OF 1 DWG. NO. 981016 \981016.APR ". ~O..~1i3 , I I : I I c :: "'(J r p. -I -t rl'\ 0 ~ c::J l > ^ t=:J :J> ~ tD ~ ;~ ~ r i~;~!![!i~H!~! ~ g: ~ Q ~ ~ l ~J" cl~ ::r::T 3 ~ .- ~~B~ ~. fj' l'1 a n ~~:.g a.. 03.1..1. 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'1 . ~r..~ t=j 0 ~ > n I =:l Z 0 0 Z 0 ~ CO CJ) c: OJ t::J l--l < l--l (fJ 1---1 0 Z Ada Countlf J.Ji'fhwalf :1)ijtrict Sherry R. Huber, President Judy Peavey-Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake, Commissioner 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us October 1, 1999 DE C. '11=1: n .7 .,;--~~, ~j" --\... J.. \; J ~ ~ v ~:.J J OCT - 4 1999 CITI~ OF~ ~/IEJtI!J1)j~~r Louis J. Steiner 554 E. Bellevue Road, Suite B Atwater, CA 95301 ~ 10/1 ~ RE: V AR-99-006 Variance Maximum Block Length/Maximum Cul-De-Sac Lake at Cherry Lane #9. On April 9, 1999, the Ada County Highway District Commissioners acted on Lakes at Cherry Lane #9 Subdivision. The conditions and requirements also apply to V AR-99-006. If you have any questions, please feel free to call me at 387-6177. Sincerely, t!. ~~cvu Christy Richardson Development Analysis cc: Project File City of Meridian Ada CotlntLJ JJz~hlUClLJ :J.)ijtrict Sherry R. Huber, President Judy Peavey-Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastfake. Commissioner 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 e-mail: tellus@achd.ada.id.us i\ p ri I 9, I 999 TO: Steiner Development, rnc. 554 E. BelIevue Rd.~ Suite B At\vater, CA 9530 I FRorvr: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: Preliminary Plat-Lakes @ Cherry Lane No.9 s/o Ustick e/o Black Cat On April 7, 1999, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached statI report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certi fication and endorsement: 1. Drainage plans shall be submitted and subject to reviewand approval by the District. 2. If puhlic street improvements are required: Prior to any constmction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street constmction drawings prepared by an Idaho Registered Professional Engineer, togeth~[ \-vith payment of plan revi e\v fee. b. Execllte and Inspection Agreement bet\veen the Developer and the District together \-vith ini tial payment deposi t for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execllte Surety Agreement bet\veen the Developer and the District to guarantee the completion of construction of all street improvements. April 9, 1999 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-\Vay Tnlst Fund deposit is required, n1ake deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements. and all other datum or documents as required by the District. 6. Furnish Final Plat dra\vings for District accept~nce, certi fications, and endorsen1ent. The final plat must contain the signed endorselncnt. The tinal plat must contain the signed endorsement of the O\vner's and Land Surv.eyor's certification. 7. Approval 0 f the plat is val id for one year. An extension 0 f one year \vi I I be considered by the Commission if requested \vithin IS-days prior to th.e expiration date. Please contact me at 387-6170, should you have any questions. ~ ;UC',Ij~4ErJ cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi City of Meridian Briggs Ic~ SA ADA COUNTY HIGHW A Y DISTRICT Planning and Development Division Development Application Report Preliminary Plat - The Lakes at Cherry Lane No.9 Ustick Road/Black Cat Road The Lakes at Cherry Lane No.9 is a 48-lot (44 buildable) residential subdivision on 14.78-acres. The 14.78-acre site is located approximately 700-feet south of Us tick Road and approximately 700-feet east of Black Cat Road. This development is estimated to generate 4-J.Q additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: rvroonlake Street ACHD Commission Date - April 7, 1999 - 7:00 p.m. U S-LLC K L ........ Ii ~______ II ~ : ; I . ! ' J! i f M ~)~.Q~~ ' r-;--:fi ! 1 :11 , ~I ~fj) ~~~ ~:~.~4 , I- ./''''~'~: <{ :--: .~.~ ~ ,. ~~, '-"~'-~.:_," <( . -,~j' -1 ~!._"'..., OJ 0:i~~<~ __, :0ld~~i~~:~~:.~_.. "VI. ,E,: "~~~_"\_ Ii '~~A~f~-~"~'-,:'-:-----------'-'- I S '-""',/:Io -~/~~___ _.. ! : " :.c\f::;'~~{::?<~~:~~:: "--.- c::.M 0:0 -;;,T.~lA K~E,,~ _~__~="~-.~--;:-~- ---: ~~=~ ~=-==___-=~=-~_~-.;'.;,~:.:;.-_-c:--_. -.= - .- -;=oT.~ E..i~8~~c'~:;~.~~ -.~. _ . "'~..."" .r- 01; ....~:--- "__.. ....... ..._~ ----., --; ~ - _ -------- -...-___'11 __..._~......~ _~ ~ ~ ;0I'.......~ --- ---: l : __ =-=-.J --- ::.==:~ .=~=:=..-:::~:' .:: "" "';,.' ....~:: "--. · ~------- 4 "-'::"-: ..::.:::...-=- ..-" ----:- '.../......: ";':~;:-:":,~" ~...~ '=: ~: ';~~.-:>~~:. l.? L-," _: -- /-- - -::~ ~c~:: :~~"~~~:~~~~:~$~;~~ o 3Xl a::o RT 9:0 Feet usnoc. . ~s~s :\U~E. ~~\S\o\'\ ~Q ~0 L1 ,?}.So :?OS~ f\.N.G\\ ,,~Ou~~S ~ - '-N \ \..." --lGGS ENGlNEER1C\lG. INC. ( ~::.) (208J J44.S700 1tm W. 0IEfUK) ROAD CESlGN ease. D*O S3705 THE LAKES AT CHERRY LANE SUBDIVISION #9 PORTION NW 1/4 SECTION 3, T3N, Rl W. 8M MERIDrAN, ADA COUNTY, IDAHO CATE O/\G. NO. ()1Jt).W9 98101 G @ i! ~ l1 FeV1SOl ~ 10='1 \961016~ Facts and Findings: A. General Information Q\vner - Steiner Development, Inc. Applicant - same R-4 - Existing zoning 14.78 - Acres 44 - Proposed building lots 260 - Traffic Analysis Zone (T AZ) \Vest Ada - Impact Fee Benefit Zone 'vVestern Cities - Impact Fee Assessment District T'vfoonlake Street Local street with no bike lane designation No traffic count available lOO-feet of frontage. (50-feet on the east side and 50-feet on the \vest side) 50-feet existing right-of-way (25-feet from centerline) 50-feet ofright-of-\vay required for its extension (25-feet from centerline) Moonlake Street is improved with a 37-foot street section \vith curb, gutter and side\valk. B. Utility street cuts in ne\v pavement less than fiv~e years old are not allo\ved unless approved in writing by the District. C'ontact Construction Serv~ices at 387-6280 (\vith file numbers) for details. C. The applicant is proposing to extend J\lIoonlake Drive and ivloonlake Street into the site from the east and west property lines as a 37-foot street section \'lith curbs, gutters, and side\valks \vithin 50-feet of right-of-way. Staff supports the extension of the road\vays. D. Any proposed landscape islands/medians \vithin the public right-of-\vay dedicated by this plat should be owned and maintained by a homeo\vners association. Notes of this should be required on the final plat. E. The applicant is proposing to construct Greenbelt Place off Nloonlake Drive bet\veen Lots 9 and 23, Block 1, of the proposed subdivision. Staff supports the location 0 f the road\vay. The entrance off Moonlake Drive should be designed \vith t\VO 21-foot street sections on either side of a center median. The median should be constnlcted a minimum of 4-feet \vide to total a 100- square foot area. The applicant \vill be required to dedicate 54-feet ofright-of-\vay plus the additional \vidth of the median. F. The turnaround at the southern tem1inus of Greenbelt Place should be constructed to provide a minimum turning radius of 45-feet and provid~ a minimLlm of a 29-foot street section on either side of any center islands \vithin the turnarounds. The applicant should also be required to provide a minimum of a 29-foot street section on either side of any center islands \vithin the L..\KESA T9.C~I~t _.-. . Page 2 turnaroundse The medians should be constructed a minimum of 4-feet \vide to total a minimum ofa I DO-square foot areae Dedicate 54-feet ofright-of-\vay plus the additional \vidth of the mediane G. The applicant is proposing to constnlct Greenbelt Place as a 37-foot street section \vith curb, gutter, and 5-foot \vide concrete side\valks \vithin 50-feet ofright-of-\vay. This street section meets current District po licy. H. The existing transportation system \vill be adequate to accommodate the additional traffic generated by this proposed development \vith the requirements outlined \vithin this report. The follo\ving Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Extend Nloonlake Drive and Moonlake Street into the site, as proposed from the east and west property line as a 37-foot street section with curbs, gutters, and 5-toot wide side\valks within 50-feet of right-of-way. 2. Any proposed landscape islands/medians \vithin the public right-of-way dedicated by this plat shall be owned and maintained by a homeo\vners association. Notes of this should be required on the final plat 3. Construct Greenbelt Place offlVloonlake Drive bet\veen Lots 9 and 23, Block 1, of the proposed subdivisione The entrance off Moonlake Drive shall be designed with two 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4- feet wide to total a 1 DO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional \vidth of the median. 4. Construct the turnaround at the southern terminus of Greenbelt Place to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum ofa IOO-square foot area. Dedicate 54-feet ofright-of-\vay plus the additional \vidth of the median. 5. Construct Greenbelt Place as a 37-foot street section \vith curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of-\vay. This street section me"ets current District policy. Standard Requirements: 1. A request for modification, variance or \vaiver of any requirement or policy outlined herein shall be made in \vriting to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to he reconsidered and include a \vntten explanation of\vhy sllch a requirement would result in a substantial hardship or inequity The \vritten request shall he s;ubmitted to the District no later than 9-00 a m on the day scheduled for LAKESA T9.CNI?vl -.-.. .Page 3 ACHD Commission action Those items shall be rescheduled for discussion \vith the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or \vaiver. Those items \viII be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor \vithin six days of the action and shall include a minimum fee of $11 0.00. The request for reconsideration shall specifically identify each requirement to he reconsidered and include \vritten documentation of data that was not availahle to the Commission at the time of its original decision The request for reconsideration \vilI be heard by the District Commission at the next regular meeting 0 f the Commission. If the Commission agrees to reconsider the action, the applicant \vill be noti tied ofthe'date and time of the Commission meeting at \vhich the reconsideration \vill be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance \vith Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County High\vay District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in \vriting and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County High\vay District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules,. regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the High\vay District of its intent to change the planned use of the subject property unless a \vaiver/vanance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. LAKESA T9 .C~(!vl _~-. .Page 4 I( Conclusion of La\v: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system \vithin the vicinity impacted by the proposed development Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted hy. Date of Commission Action" Steve Arnold April 7 1999 LAKESA T9 .Ctvll\ll -.-Page 5 t I. ,i i \ I{}~ eEl -';f .~~ ,-) SEP 3 0 1999 CIT~Y~ (it' ~vlliJ!~II}LL\1~i ~&~1~'Z)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 September 28, 1999 phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: VAR-99-006 Variance Application for Lake at Cherry Lane No. 9 Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the variance but it appears that the Eightmile Lateral courses through lots 26 and 27 of block 1 of this project and this could propose a problem. The building setback from the District's Eightmile Lateral is 50 feet, 2S feet from the center each way. Sincerely, I)..bd'~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJEG RIGHTS. 40,000 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) BERTA WAGNER FORA CONDITIONAL USE) PERMIT FOR CONSTRUCTION OF STORAGE) UNITS ON UNUSED PORTION OF ) COMMERCIAL LOT, LOCATED AT THE ) NORTHWEST CORNER OF MERIDIAN ROAD ) AND TAYLOR AVENUE, MERIDIAN, IDAHO ) ) CASE NO. CUP..99-030 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This 1natter coming before the City Cou11cil 011 the 19th day of October, 1999, for fil1al action on conditional use permit application and the Council having received and approving the recolumel1dation of the Planning and Zoning Commission the Council tal<es the following action: 1. That the Applicant, Berta W agt1er, owner of the property, is granted a conditional use permit for construction and development of 17 storage units and 3 covered RV storage spaces ort an unused portion of a commercial lot, located at the northwest corner of Meridian Road and Taylor Avenue, Meridian, Idaho. The requested conditional use is described in the Site Plan, DI SITE PLAN, dated 7-7-99, BY: RATZLAFF ARCHITECTS CHARTED, JOB NO. 99, DRAWING NO. MDASCASI, SHEET AI.O, STORAGE UNITS FOR MALLARD DEVELOPMENT, CO., INC., MERIDIAN, IDAHO, for the developl11e11t of the aforementioned projects and which property is described hereinbelow to-wit: Lot 12 of Taylor Subdivision Plat, according to the official plat thereof, filed in Bool< 11 of Plats at page 637, records of Ada County, Idaho. COllllnon address k1l0wn as Lot 12, Taylor Subdivisiol1, at the northwest corller of Meridian Road and Taylor Avenue, Meridian, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 BERTA WAGNERRE: CONSTRUCTION OF STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT 2. The above named applicant is granted a conditional use permit for C011struction a11d developme11t of 17 storage units and 3 covered RV storage spaces on an unused portion of a commercial lot, located at the northwest corner of Meridian Road and Taylor Avenue, Meridian, Idaho and subject to the following terms and conditions: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 All municipal surface drainage shall be retained on site. 2.3 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.4 The Developer lTIUSt contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer lTIUst comply with Idaho Code S 31-3805. 2.5 All driveways and parldng areas are to be paved in accordance with City ordinance. 2.6 Applicant shall provide parldng lot lighting plans to the Meridian Public W or1es Department. Illulnination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as deterlnined by the City of Meridian. 2.7 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. 2.8 Coordinate fire hydrant placement with the City of Meridian Public W orles Department. 2.9 Additional landscaping shall be required to provide a Ininimum of one three-inch caliper tree is required for every 1,500 square feet of asphalt. Applicant shall revise site plan to show calculations of asphalt and existil1g and proposed landscaping. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT 2.10 A screened trash enclosure is to be provided. The location and sizing requirelnents of the trash enclosure shall be coordinated with Sanitary Services, Inc. prior to obtaining building permits. 2.11 All outdoor storage of equipment and material shall be screened from view. Security fencing on the north side of the property shall be slatted or landscaping shall be installed to provide a visual barrier to the adjacent residential use. 2.12 The applicant shall provide architectural details and elevations to the Planning and Zoning Department prior to any permits being issued. 2.13 No signage has been proposed and none is approved with this applicatio11. All signage is subject to design review approval. No temporary signs, flags, banners, etc., are permitted. Specification restrictions on sigI1 age are included as part of the approval of the conditional use permit. 2.14 All building and parking lot construction shall conforln to the requireluents of the Americans with Disabilities Act. 3. The above conditions are cOl1cluded to be reasonable and the applicant shall Ineet such requirelnents as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without cOlnplying with the provisio11S of ~ 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this perluit. BZ action of the City Council at its regular meeting held on the 11-1i-dayof dJc/ir;~ , 1999. o ert D. Corrie, Mayor City of Meridian ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT Copy served upon Applicant, the Planning and Zoning Department, Public W orles Departll1ent and City Attorney. By: City CIerI, 10--(9-99 Dated: msg/Z:\Work\M\Meridian 15360M\Wagner, Berta CUP\CUPOrder ~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4 BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) MEL AND DEBI LACY FOR A CONDITIONAL ) USE PERMIT FOR CONSTRUCTION OF AN ) ATTACHED 2 CAR GARAGE, 26' 6" X 48' AND ) ONE BAY CARPORT FOR BOAT STORAGE ) AND TO REMOVE AND/OR RELOCATE THE ) EXISTING SMALL DETACHED GARAGE ) LOCATED 1414 N. MERIDIAN ROAD, ) MERIDIAN, IDAHO. ) ) CASE NO. CUP-99-030 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This luatter cOluing before the City Council on the 19th day of October, 1999, for final action on conditional use perluit application and the Council having received al1d approvil1g the reCOlnluendatio11 of the Planning al1d Zoning COlunlission the Cou11cil tal(es the following action: 1. Tl1at the Applica11t, Mel and Debi Lacy, owners of the property, are granted a cOl1ditiol1al use perluit of an attached 2 car garage, 26' 6" x 48' and one bay carport for boat storage and to remove and/or relocate the existing small detached garage. The requested conditional use is described in the drawi11gs, including a Vicinity Map, addressed in Exhibit "A" attached hereto, for the developluent of the aforementioned projects and which property is described hereinbelow to-wit: PARCEL 1 BEGINNING at the Southwest corl1er of Block 4 of F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, as shown 011 the Official Plat thereof, filed in Bool( 7 of Plats at Page 200; records of Ada County, Idaho; thence ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE North along the West boundary of said Blocl< 4 a distance of 70 feet to the REAL POINT OF BEGINNING; thence North a distance of 60 feet to a point on the West boundary of said Block 4; thence East parallel with the North boundary of said Blocl< 4 a distance of 150 feet to a . point; thence Soutl1 parallel with the West boundary of said Blocl< 4 a distance of 60 feet to a POi11t; the11ce West parallel with the South boundary of said Blocl< 4, to the REAL POINT OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Blocl< 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Book 7 of Plats at Page 200, records of Ada County, Idaho, thence; North 70 feet, thence East 150 feet to the REAL POINT OF BEGINNING; thence East 73.5 feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. Common address l<nown as 1414 N. Meridia11 Road, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for C011struction of an attached 2 car garage, 26' 6" x 48' and 011e bay carport for boat storage and to relTIOVe and/or relocate the existing sn1all detached garage, located at 1414 N. Meridian, Idaho] Meridian, Idaho, subject to the following c011ditions of use and developlnent: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 MEL AND DEBI LACY RE: CONSTRUCT A1TACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE 2.1 The proposed garage and carport shall be constructed per the Uniform Building Code and lneet all minimum setbaclc requirements of the City. 2.2 If the Applicant intends to use the detached garage (proposed t relocate to the far east end of property) as a studio apartlnent, a separate Conditional Use Perlnit will be required. Any relocation of the existing building will require that the building meet all current Codes. 2.3 A privately oWl1ed a11d lnaintained sewer line crosses this property in the approximate location of the buildi11g expansion. Applicant should be prepared to discuss ownership a11d any liability issues if buildings are erected over this line. The City of Meridia1111as no responsibility or ownership but is cOl1cer11ed about potential for blocld11g future access to the line for lnaintenance purposes. 2.4 This conditional use permit shall be subject to review Up011 ten (10) days notice to the applicant. An approval of tra11sfer will be required for any new oW11ers/tenants. 3. The above conditions are concluded to be reasonable a11d the applicant shall Ineet such requirelnents as a conditio11 of approval of the applicatio11 for a conditional use perlnit. 4. Notice to Perlnit Holder, this conditional use perluit is not transferable without cOluplyi11g with the provisions of 8 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this perluit. By action of the City Council at its regular meetin held on th'~ay oI6h, 1999. ob rt D. Corrie, Mayor City of Meridian SEAL -? & -;. ~- ,os 0 $ ~ 11<.) '~r 1S~ · x~ ~ ~ .,A~ ~~. " ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 ""I'''II~ COUr-.fr<' \\\\", MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT '1111/tiltH .,\0;\\\\\\ AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE By. City ClerIc Dated: 10-11-'19 nlsg/Z:\ W ork\M\Meridian 15360M\Lacy CUP\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4 MEL AND DEBI LACY RE: CONSTRUCT A 1TACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE w 0 ~ 0 - \m 0 0 - I i (D 0 \0 1 'I I -:.. ~N o o -n CD CO ,.... / --, , i , ~ \ ; I, '- .,/" - I ~~,' ..- ---- ---- ' i.JJ~ _- G \-<;.. , ,~~ - ~,x- L'-J,- ~(\ ~ v' :.-z.. 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CUP-99-028 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This Inatter C0111i11g before the City Council on the 19th day of October, 1999, for fi11al actio11 011 c011ditional use per1nit applicatio11 a11d the COU11Cil having received a11d approvi11g tl1e reC01TI1nendation of the Pla1111ing and Z011ing Comlnission the Council tal<.es the followi11g actio11: I. That the Applicant, I(at11Y Purcell, OWl1er of the property, is granted a cOl1ditional use per111it for a group child care h0111e with 12 or fewer children, located at 2241 E. Clare11e Street, Meridian, Idaho. The requested C011ditio11al use is described i11 the Site Pla11, dated 5-22-97, Plan: 1102, Lot 13, Blocle 5, SUB: Dove Meadows PH 2, Street: E. Clarene St., Meridian, Ada COU11ty, Idaho, Sheet 1 of 6, BY: Boyer Drafting desig11, Boise, Idaho, THE TRUAX COMPANY, for the development of the aforeluentioned projects and which property is described hereinbelow to-wit: Lot 13 in Blocle 5 of DOVE MEADOWS SUBDIVISION NO.2, according to the official plat thereof, filed i11 Boole 73 of Plats at Pages 7577 and 7578, records of Ada COUI1ty, Idaho. Co 1111110 11 address 1<l10VVl1 as 2241 E. Clarene Street, Meridian, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 3 KA THY PURCELL - GROUP CHILD CARE HOME WITH 12 OR FEWER CHILDREN ( 2. T11at the above l1alned applicant is gral1ted a conditional use perlnit for a group child care home with 12 or fewer childre11, located at 2241 E. Clarene Street, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Applicant shall provide a Ini11imum of one (I) off-street parldng space per employee of the day care and adequate off-street loading/unloading areas for children. Garage and driveway areas may accolnmodate this. 2.2 No sigl1age shall be allowed. 2.3 Sewer and water service will be reviewed to see if the additional load would justify additiol1al asseSSlnents. Applicant will be required to enter into an Assesslnent Agreement with the City of Meridian prior to operation. 2.4 Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 2.5 Screened trash enclosures are to be provided in accordance with City Ordinance for a11Y external trash areas. 2.6 The Group Child Care Home shall not adversely ilnpact surrounding properties due to children's noise, traffic and other activities. 2.7 Applicant shall provide a mi11imum 6-foot solid fence of appropriate C011structio11 to enclose play areas, protect c11ildren from surrounding traffic, a11d to provide a buffer between adjacel1t properties. 2.8 Applica11t shall secure a11d Inaintain a child care license from the Idaho State Departme11t of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all tilnes. 2.9 Applica11t shall e11sure that in11TIU11izatio11 of all children is verified prior to accepta11ce into progralTI. 2.10 Applicant shall coordinate with Meridia11 Fire Department to conduct an inspectio11 prior to operatio11. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 3 KA THY PURCELL - GROUP CHILD CARE HOME WITH 12 OR FEWER CHILDREN 2.11 Violation of any of the above conditio11s shall be cause to revoke a zoning certificate a11d certificate of occupa11cy for a group child care home. The Conditio11al Use Perluit shall be subject to review upon ten (10) days' notice to the applicant. 2.12 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.13 Applica11t shall obtain a daycare license through Ce11tral District Health Departlne11t if 12 or greater children are 011 site. 3. The above C011ditio11S are concluded to be reaso11able and the applicant shall lueet such requirements as a condition of approval of the application for a cOl1ditional use perl11it. 4. Notice to Permit Holder, this conditional use perluit is not transferable without cOlnplying with the provisions of 9 11-2-418 J of the Municipal Code of the City of Meridial1, a copy of which is attached to this permit. By: action of the City Council at its regular meeting held on the /tf-/!... day of ztlb~ ,1999. bert D. Corrie, Mayor City of Meridial1 Copy served upon Applica11t, the Planl1ing and Zoning Departmel1t, Public W orl(5 Departll1ent and City Attorney. .... B Dated: /1/-1,?-f1 msg/Z:\Work\M\Meridian 15360M\Purcell Day Care CUP\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 3 KATHY PURCELL - GROUP CHILD CARE HOME WITH 12 OR FEWER CHILDREN BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) RAY CHASEIREGENT BUSINESS CO., INC., ) FOR A CONDITIONAL USE PERMIT FOR ) EXPANSION OF AN EXISTING CHILD CARE ) FACILITY, "laD'S CLUB" LOCATED AT ) 1302 E. FIRST STREET, MERIDIAN, IDAHO ) ) ) CASE NO. CUP-99-028 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This lnatter COIning before the City Council on the 19th day of October, 1999, for fillal action on conditional use permit application and the Council having received alld approvillg the recomlnendation of the Planl1ing and Zoning Commission the COlII1Cil tal(es the following action: I. That the Applica11t, Raymond Chase, and Regent Business Co., Inc., owner of the property, are gra11.ted a conditional use permit to add an 830 sq. ft. building to be used for office a11.d classroom space, located at 1302 E. First Street, Meridian, Idaho. 111 Febrllary of 1997 this applicant received a conditional use perInit for a child care cellter for 12 + childrell. The proposed 830 sq. ft. building represe11ts a significant change to the existing cOIlditional use permit requiring a new conditional use permit. The requested C011ditiol1al use is described in the Addition Plan dated 07 -10-97, DRAWN BY: RJS, CHECI<ED BY: ROGERJ. SMITH, P.E., PROJECT NO. 97454, SHEET CI.O, PROJECT NAME: NEW MERIDIAN DAY CARE - CINDY CHACE, PINNACLE ENGINEERS, INC., ARCHITECTS, for the development of the aforeInentioned projects and which property is described herei11below to-wit: A parcel of la11d located in the Northwest quarter Northwest quarter of Section 7, Township 3 North, Ra11ge 1 East, Boise Meridian, Ada COUllty, Idaho, ll10re particularly described as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 RAY CHASE/REGENT BUSINESS CO., INC. - KID'S CLUB ( COlnmencing at the West quarter cor11er of Section 7, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho; thence East on the center line of said Sectio11 7, a distance of 521.4 feet to a concrete monument in the center of East First Street 011 Pine Avenue; thence North 011 the cerlter line of East First Street, a distance of 1264 feet; thence East 40 feet to the East line of East First Street, THE REAL PLACE OF BEGINNING; the11ce North along the East line of East First Street, a distance of 92 feet; thence East 246 feet; thence South at right angles 92 feet; thence West along the North boundary of the High School Property 246 feet, to THE REAL PLACE OF BEGINNING. EXCEPT Ditch and Road Rights-of-Way. COlnlllon address IG10wn as 1302 East First Street, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit to add an 830 sq. ft. building to be used for office and classroom space, located at 1302 E. First Street, Meridian, Idaho, Meridian, Idaho, subject to the following conditions of use and developlllent: 2.1 Construction shalllneet all Codes applicable to cOlnmercial property which have been adopted by the City. Construction needs to meet ADA requirelnents for handicap accessibility. 2.2 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. All parldng areas are to be paved. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 a11d 11-2-414.D.5 of the City of Meridian Z011i11g a11d Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirelnents. 2.3 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, 1091) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 RAY CHASEIREGENT BUSINESS CO., INC. - KID'S CLUB 2.4 A minilnum of one (I) three-il1ch (3") caliper tree per 1,500 square feet of asphalt as required per City Ordinance Section 11-2-414.D. Existing trees shown on site plan exceed this requirement. 2.5 Outside lighting shall be desigI1ed and placed so as not to direct illulnination on any nearby residel1tial areas or traffic and in accordance with City Ordinance Section 11-2-41 4.D.3. 2.6 Zoning Certificate and Certificate of Occupancy are required prior to operation. 2.7 Applicant shall provide for adequate screening of adjacent residential properties to provide l1eeded buffers. 2.8 New trash el1.closures associated with the building shall be screened per City Ordinance Section 11-2-414.A.3. Dumpsters shall not impede fire access. 2.9 No signage has been proposed, and 110ne is approved with this application. All sigI1age shall be il1 accordance with the standards set forth il1 Section 11-2- 415 of the City of Meridian Zoning and Developlnent Ordinance. All signage shall be subject to design review. No telnporary, A-fralne or flashing signage will be permitted. Nonconforming signage will be removed by the City upon 3 days' notice to the applicant. 2.10 All outdoor storage of equipl11ent and lnaterials shall be screened from public view. 2.11 Applica11t should coordinate sewer and water service locations with the City's Plulnbil1g Official. (See 1997 UniforlTI Plumbing Code 312.0.) 2.12 All findings and conditions included in the existing daycare C.D.P. of February 1997 shall apply to this application. 2.13 No additiol1al sigI1age has beel1 proposed for the second building. Any additional signs require a separate permit. 2.14 Applicant shall construct some type of architectural features (i.e. awnings, windows) on the west side of proposed building for greater aesthetic appeal, al1d such architectural feature plans shall be submitted for approval. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 RAY CHASE/REGENT BUSINESS CO., INC. - KID'S CLUB 2.15 AlllninilTIUlTI building setbacl(s must be met. 2.16 The Applicant has represented that the day care operation will not increase the total nUlTIber of children. If this second building is approved, it should be 110ted that it does not deelTI the City's approval for an increased number of c11ildre11. 2.17 Applicants shall satisfy all fire code requirelnents including those pertaining to water flow and fire hydra11ts. 3. The above conditions are concluded to be reasonable and the applicant shall lTIeet such requirements as a condition of approval of the application for a conditiol1al LIse perluit. 4. Notice to Perluit Holder, this conditional use permit is not transferable witl10ut complying with the provisio11S of S 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the / f~ day of k~ ,1999. ob D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Z011ing Department, Public Works Department and City Attorney. By:JI~~~~ City Clerk {/ Dated: /p.-ff-ff \,,\tHtll"fll'l ,,\\'" Of MEf?~1f)IIII// ,,-' ~~ l~<...~ "*/ ..... ;.., I~ /~ ~~ a ottS'ORAl"; ~ ~ ~() ~() ? msg/Z:\Work\M\Meridian 15360M\Kid's Club Child Care\CUPOrder~ ~ 1 ~ - = = ....,. ~ ~ ~ = ~ 17~Gl ....~ D g % ~() ~8T 1S"'( · .f f ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE pit~If&..l;l A C.;Rr4.at,4>'''-'' IRE ' Ij~I~~W~' \\\ RAY CHASE GENT BUSINESS CO., INC. - KID S CLUB ' 'I1trfHH n\\\" ( WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WfLLlAM F. NICHOLS* CHRlSTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARnEY TERRENCE R. WHITE** 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN t IDAHO 83680..1150 TEL (208) 288..2499 FAX (208) 288..2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA. IDAHO 83653..0247 TEL (208) 466..9272 FAX (208) 466..4405 Email viaInternet@wfg@wppmg.com · ALSO ADMITIED IN OR ..ALSO ADMlTfED IN WA PLEASE REPLY TO MERIDIAN OFFICE October 28, 1999 Willia111 G. Berg, Jr. Tvleridian City Hall 33 East Idaho Meridian, Ida110 83642 c/c ~ II~:] ___1 c; RECEIVED OCT 2 9 1999 CITY OF N1ERIDlAl~ Re: YANICE MACHINE SHOP APPEAL FILE: 5.15.1 tv C/~ flY Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER GRANTING APPEAL OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF BUILDING PERMIT AND ORDER OR REMAND, for the City Council meeting of October 19, 1999. If approved, please serve a certified copy of the ORDER upon the Applicant, Planning and Zoning, Public Worles Departlnent, and the City Attorney. If you have any questions please advise. ,~ arrf;o Very truly); 11rs, Enclosure msgJZ:\ W 0 rk\1Y1\Meridian I 5360 ivl\ Yanke Machine Shop Appeal\ClerkOrder Appeal.l tr ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATfER OF THE APPEAL ) OF YANI<E MACHINE SHOP OF THE ) PLANNING AND ZONING ) ADMINISTRATOR'S DENIAL OF ) BUILDING PERMIT ) ) ) ) ) ) ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND This matter coming before the City Cormcll upon the appeal of Yanke Machine Shop, and the Council having received the Appeal Application form, and the record in this matter, and having heard the arguments and presentation of Shari Stiles, the City of Meridian Planning and Zoning Administrator, and the Appellant, Mike Ford, Dick Heaton and Walt Morrow, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and Decision and Order: FINDINGS OF FACT 1. The Appellant sought a building permit for what has been identified as the Ratigan Property, which is a portion of certain real property annexed into the City of Meridian in Ordinance No. 388, which was passed on the 1 st day of June, 1981. ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 1 OF PlANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND ( 2. The basis for the denial of real property was that the Appellant submitted his application based upon a Record of Survey No. 1404, recorded at the Ada County Recorders office as Instrument No. 8915191, which Record of Survey depicts two parcels of the subject property as Parcel A and as Parcel B. 3. The Record of Survey does not establish a parcel division under the subdivision ordinance provisions of the City of Meridian. 4. At the time of annexation the Ratigan property, which is the subject of this appeal, was a parcel described as follows: Commencing at the SE corner of Section 11, in Township 3 North, Range 1 West of the Boise Meridian, in Ada County, State of Idaho, running thence West 5981/2 feet along the Southline of said Section 11, to a point, the true and real place of beginning; thence running West 5731/2 feet, along said Southline of said Section 11; thence North 14921/2 feet, more or less, to the Southline of the right of way of the Oregon Short Line Railroad; thence East along said right of way 5731/2 feet, more or less, to a point which is 5981/2 feet West of the Eastline of Section 11; thence South 1485 feet, more or less, to the place of beginning, EXCEPT that portion South and West of Canal. Together with all the water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. Together with roadway easement 60 feet in width over and across the West 60 feet of the excepted tract. 5. The Planning and Zoning Administrator errored to the extent that the subject parcel described in finding no. 4 herein existed at the time of annexation into the city of Meridian. ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 2 OF PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND CONCLUSIONS OF LAW 1. The City ordinances provide at 9 11-2-404 D 1 (a) of the Municipal Code for an appeal, hearing and review by the City Council for error of an order, requirement, decision, interpretation or determination by the Planning and Zoning Administrator. DECISION AND ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF YANI<E MACHINE SHOP BUILDING PERMIT AND ORDER OF REMAND Based upon the above and foregoing Findings of Fact and Conclusions of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the Planning and Zoning Administrator of denial of the building permit as herein appealed is over-ruled to the extent of Finding of Fact No. 4. 2. This matter is remanded to the Planning and Zoning Administrator for further action in accordance with this decision. NOTICE OF FINAL ACfION ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 3 OF PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND (,r-. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the appeal may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. I2D By action of the City Council at its regular meeting held on the :3 - day of )/0 V.e nvp.e f- , 1999. ROLL CALL: COUNCILMAN ANDERSON VOTED ~ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED -T-- COUNCILMAN ROUNTREE VOTED ~.Q..t?\_ MAYOR RO;::RT D. CORRIE (TIE BREAKER) DATED: iJ -- $ ---99 VOTED ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 4 OF PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND MOTION: APPROVE~ru DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. C:\WINDOWS\TEMP\ORDERC.......l.DAT Dated: (1-- J -- rc; B : ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 5 OF PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3, 1999 APPLICANT: PROJECTS WEST ITEM #: 6 REQUEST: PRELIMINARY PLATOF PROPOSED ENGLISH GARDENS SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: Jt/ yJ tv1P 3/ V US WEST: BUREAU OF RECLAMA liON: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. '5po~ w--<-t-k ~0 Gl~ \\/, (31A-- DVCE~V ~_J}r~ l \;D Jl ~ ~t~; OCT 2 8 1999 CITY OF MERIDIAPI BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR ENGLISH GARDENS ) SUBDIVISION BY PROJECTS ) VVEST ) ) ) Case No. PP-99-011 FINDINGS OF FACT AND CONCLUSIONS OF LA VV AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled 1natter cOluing on regularly for public hearing before the City Council on October 19, 1999, and Shari Stiles, Planning and Zoni11g Ad1ninistrator, and Gary Smith, City Engineer, appeared at the hearing, and the applicant's representative, Bob Unger of Pinnacle Engineers, I11C., appeared at the l1eari11g a11d testified, a11d the City Council having received a report fron1 Bruce Frecldeton, Assistant City Engineer, a11d the City Council having received as part of the record of this lnatter the recolnmendation to City Council of the Plam1ing a11d Zoning Commission a11d the applicant having submitted the latest Preliminary Plat Drawing Dated: 05-31-99, DraWl1 By: DAB, Checl(ed By: David A. Bailey P.E., Project No. C996017, Sheet PP-I, PINNACLE ENGINEERS, INC., PROJECTS VVEST, Developer, for ENGLISH GARDENS SUBDIVISION, submitted for prelin1i11ary plat approval and which preliminary plat for approval application is herei11 received and adjudged by the City Council pursuant to Sectiol1 11-9-604, Municipal Code of the City of Meridia11. Therefore the City Cou11cil1nal(es the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - I ( followi11g findings: FINDINGS OF FACT I. That the proposed development is in conformance with the COlnprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, I11frastructure Planning A11alysis Comprehensive Plan and Map, adopted Decelnber 21, 1993 and, the property is presently zoned, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(4), Municipal Code of the City of Meridian.] 2. The prelimi11ary plat is in conformance with the COlnprehensive Plan City of Meridial1 adopted Decelnber 21,1993, Ordil1al1ce No. 629. 3. It is determined that Urban Services can be made available to aCCOffilTIodate the proposed development if the plat complies with the requirenlents and COllditiol1S hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a C011ti11uity of the proposed develop111ent withi11 the City's Capital Improvelnent Prograln and if the conditions which are requested by the Plannil1g and Zoning Administrator and the Assistant City Engineer al1d as proposed by the developer as stated 011 the preliminary plat there will be public financial capability of supporting services for the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 2 5. The developlnent if built in accordance with the c011ditions and as proposed, will not create health, safety or e11vironmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Plan11ing and Zoning COlnmission is reasonable and appropriate for the conditions of approval of tl1e prelimi11ary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Dated: 05-31-99, Dra\Vll By: DAB, Checl(ed By: David A. Bailey P.E., Project No. C996017, Sheet PP-1, PINNACLE ENGINEERS, INC., PROJECTS WEST, Developer, for ENGLISH GARDENS SUBDIVISION". DECISION AND ORDER Pursuant to the City Council's authority as provided in Sectio11 11..9- 604E of the Municipal Code of the City of Meridian and based Up011 the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidel1ced by "Dated: 05-31-99, DraWl1 By: DAB, Checl(ed By: David A. Bailey P.E., Project No. C996017, Sheet PP- 1, PINNACLE ENGINEERS, INC., PROJECTS WEST, Developer, for ENGLISH FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION .. 3 GARDENS SUBDIVISION", is hereby conditionally approved; and 2. The conditio11s of approval are as follows to-wit: Adopt the Ada County Highway District's Recommendatio11s as follows: 2.1 Dedicate 48-feet of right-of-way froln the centerline of Blaclc Cat Road abutting the parcel by lneans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required perlnits), whichever occurs first. 2.2 Any proposed landscape islands/lnedians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 2.3 Extend Big Creel( Street to i11tersect Blaclc Cat Road between Lots 11 and 12, Bloclc 14, instead of extending Blue Creel( Road to Blaclc Cat Road. Provide an ACHD approved turnaround at the new terluinus of Blue Creel( Street. Submit a design of the turnaround for review and approval by District staff. The main entrance of Big Creel( Street shall be designed with 2 I-feet of paveInent on either side of a center mediaI1 and shall be constructed a lninimum of4-feet wide to total a 100-square foot area within 54-feet of right-of-way plus the additional width of the Inedian. 2.4 Extend Wales Avenue to Cherry Lane, between Lots 9 a11d 10, Blocl( 3, approximately SOO-feet east of Blacl( Cat Road, instead of Stratford Avenue so that the 440-foot offset from the intersection can be maintained. Do not extend Stratford Avenue to Cherry Lane. Provide a11 ACHD approved turnaround at the new terlninus of Stratford Avenue. Submit a design of the turnaround for review and approval by District staff. 2.5 The entrance of Wales Avenue off Cherry Lane shall be designed with 2 I-feet of pavement on either side of a center median and shall be constructed a minimum of 4-feet wide to total a lOO-square foot area within 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 4 2.6 Locate London Ave11ue off Cherry Lane between Lot 3, Block 6, and Lot 3, Bloclc 3. The main entrance shall be designed 'With 21-feet of pavement on either side of a center median and shall be constructed a minimum of 4-feet 'Wide to total a 100-square foot area 'Within 54-feet of right-of-way plus the additional width of the median. 2.7 The existing single family dwelling driveway on Blacl( Cat Road, located approxi1nately 315-feet south of Cherry Lane, is approved with this application. Pave the driveway 16 to 20-feet wide and at least 20-feet beyond the edge of pavement of Blacl( Cat Road and install 15-foot radii pavelnent tapers. 2.8 Construct a 5-foot wide C011crete sidewall( within 2-feet of the new right-of-way 011 Blacl( Cat Road abutting the parcel, including the out- parcel on Blacl( Cat Road. Coordinate the location, elevation and grade of the sidewall( with District staff. 2.9 Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 4-foot wide concrete sidewallcs within 50- feet of right-of-way. 2.10 Extend Tudor Street to the east property line betwee11 Lot 7, Blocl( 6 and Lot 7, Blocl( 9. 2.11 Extend London Avenue to the south property line between Lot 9, Block II and Lot 21, Blocl( 14. 2.12 No direct lot access to Blacl( Cat Road has been proposed with this application to Lots II and 12, Blocl( 14, and none is approved. 2 .13 No direct lot access to Blacl( Cat Road or Cherry Lane has been proposed with this application to Lot 2, Blocl( I, and none is approved. 2.14 Other than the main project entrances specifically approved with this application, direct lot or parcel access to Black Cat Road or Cherry Lane is prohibited. Lot access restrictions, as required 'With this applicatio11, shall be stated on the Final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 5 Adopt the Meridian Fire Departluent's Recommendations as follows: 2 .15 No parldng of vehicles and! or trailers in the cul-de-sac. 2.16 All roads will be installed before building is started with appropriate street name signs. 2.17 All comluon areas will need to be l(ept clean of trash and weeds. 2.18 The Fire Department requests an additional hydral1t be installed for the storage lot which applicant shall install. Adopt the Water Department Recomluendations as follows: 2.19 The water main shown on the preliminary plat is not to code and shall be revised. Adopt the Central District Health DepartlTIel1t Recolumendations as follows: 2.20 The Applicant's central sewage al1d central water plans lnllst be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.21 Run-off is not to create a lTIosquito breeding problem. 2.22 StorlTIWater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent ilnpact to groundwater and surface water quality. 2.23 The Engineers and architects involved with the design of the subject project shall obtain currel1t best lnanagement practices for stormwater disposal and design a stormwater management system that preve11ts grou11dwater and surface water degradation. Adopt the Pla11ni11g and Zoni11g Administrator Recommendatio11s as follows: 2.24 Applicant shall add a note to Plat designati11g all building lots are for single family dwellings only. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 6 2.25 Applicant shall include Ten Mile Drain as part of the plat as a comIllOI1 lot with a11 additio11al110te to Plat that it is to be owned a11d Inaintained by tl1e HOlneowners Association. 2.26 Applicant shall provide evidence that the out parcel is a legal split throllgh provisio11 of a recorded Warranty Deed showi11g its c011figuration in April of 1984. 2.27 Lot frontage must be at least 80 feet or a sYlnbol added to iI1dicate which direction the house needs to face. 2.28 Applicant shall provide detailed landscape plans of all COInInOl1 areas for review and approval with subInission of final plat. Adopt the ReCOITIITIendations of the Assistant City Engineer as follows: 2.29 Applicant shall construct a lift station to serve the entire project and only their project. 2.30 ApplicaI1t shall construct 21" relief sewer from Blacl( Cat Road to Southeast bou11dary of project. 2.31 Applicant shall utilize an 8" iI1ternal sewer paralleling the 21" to feed the required lift statioI1. 2.32 Once the Black Cat trunl( fees are established and approved by the City Council such fees would be applied to each building perInit issued in this project. 2.33 All lots withil1 this project shall be subject to the applicable latecolner fees on the existing Ashford Greens lift station. 3,'- fJ-D ,I By action of the City Council at its regular meeting held on the - day of u-p'(f~~ , 1999. By: RT D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 7 ( Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and City Attorney. By: Dated: II-;J --f7 111SgjZ:\W ork\M\Meridian 153 60M\English Gardens PPlat\FfClsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 8 ". .,>,.. 't ( MERIDIAN CITY COUNCIL AGENDA WEDNESDAY, NOVEMBER 3, 1999 -7:30 PM CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON X CHARLIE ROUNTREE -X- GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA A. MINUTES OF SPECIAL MEETING HELD OCTOBER 13,1999 tLIPrz7V><'/ B. MINUTES OF REGULAR MEETING HELD OCTOBER 19,1999 wfFrtJVJL-< C. PRE-COUNCIL MEETING MINUTES HELD OCTOBER 19, 1999 ~rn.w.tl../ D. APPROVE BILLS ~j)prtfJv.JZ..,- E. ADOPTION OF THE SECOND RESTATED AND AMENDED JOINT POW AGREEMENT AND ARTICLES OF REFORMATION AND ORGANIZATION THE COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO an. F- Y (Vr.-/u!L /11a-d~ J0 ~ AGENDA /jp~.1 6)-rd.e-.- uf ~ -7P~v~ 1. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ~t;ee ~ { /l!ovJ I-~ if: ~ 2. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL: ~ I J~ /b j/J ~ ~J.& U/r.-I-/L IV tv, I r/;J --- r W1;f"' 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: a/;o;rn:; v~ 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: 0/70 r-.P~ ( COUNCIL AG WEDNESDAY, N EMBER 3, 1999 - 7:30 PM CITY C UNCIL CHAMBERS ROLL CALL: RON ANDERSON CHARLIE ROUNTREE _GLENN BENTLEY KEITH BIRD MAYOR RO ERT CORRIE CONSEN AGENDA A. MINUTES OF SPECIAL MEETI HELD OCTOBER 13, 1999 B. MINUTES OF REGULAR MEETrlNG HELD OCTOBER 19,1999 C. PRE-COUNCIL MEETING MIN~iTES HELD OCTOBER 19, 1999 D. APPROVE BILLS 1. TABLED 10/19/99: FINDINGS OF F T AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.26 J\CRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY: ILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE BOUR PHASE AND SOUTH OF FAIRVIEW: 2. TABLED 10/19/99: FINDINGS FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHO E FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR P SE II) BY WILLIAM & LUCILE LEAVELL: 3. FINDINGS OF FACT AND CONCLUSION' OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L- BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LAN . 4. FINDINGS OF FACT AND C eLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMU LOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAK S AT CHERRY LAKE #9 BY STEINER DEVELOPMENT -NORT OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: 5. TABLED 10/5/99: REQUEST FOR FINAL PLAT FOR LAKES @ CHERRY LANE #9 BY STEINER DEVELOPMENT-NORTH OF CHERRY LANE AND EAST OF ASHFORD GREENS S.UBDIVISION: Ci-j/ p>t-ov'...e..- tv I'M c.?h.d" h ~ d;: ~~ jJ--I!~ 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. ( FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST -SE CORNER OF TEN MILE ROAD & CHERRY LANE: apJ7?ro v~ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-15 AND L-Q FOR VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.-NE CORNER OF PINE STREET AND TEN MILE ROAD: ~PJ??"9 vJL FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION,AND ZONING TO I-L FOR TEN MILE MINI STORAGE BY ED SEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: ~c/'~ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED SEWS --WEST OF TEN MlLE AND NORTH OF USTICK ROAD: -fa~ ~.? Aec. "7$ k/t;- FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER -- BY ST. LUKE'S REGIONAL MEDICAL CENTER AT 520 S. EAGLE ROAD: Gi/jPj/rov.e.- CONTINUED PUBLIC HEARING FROM 10/5/99: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE-LOCATED AT 35510 W. USTICK ROAD: . P/ r J I' /J C'/~ af~:f /-0 ~~ :rlr ?C ~ CONtiNUED PUBLIC HEARING FROM 10/5/99: REQUEST FOR CONDITIONAL USE PERMIT FOR A 96 UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISE, INC~-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLI~~h'n-u..<-- j?/A. ~ { Mv, 16 -a Ik~ PUBLIC HEARING: REQUEST FOR RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS~~/~ a-~i hJ ;n-e(?~ /I~;f C/.i!. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION .AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS 6&p)9 )^i)(/~ PUBLIC HEARING: REQUEST FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN AN I-L ZONE BY FOOD SERVICES OF AMERICA: ~/h; ~~7 Iv fhej?~ 1'/;:- l' c-(~ (/- ( 16. PUBLIC HEARING: REQUEST FOR VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FE;ET) BY PIPCO, LLC: Ct/?j a.:'rrtfVY"~1Io frl..t.-p'~ +(~. -t elL PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY J-U-B ENGINEERS, INC.-WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTIC~ . . Ct?t GU~ </ /0 ~;J v--e -/'1;: i (' I-e- PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12w3 ACRES FROM SINGLE FAMILY . RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REAL TV CORPORATION/DAKOTA COMPANY-SOUTH OF FAIRVIEW AND EAST OF RECORDS: - C'lltJ ~r ~ ~f1e<-e -/I.? (elL PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REAL TV CORPORA TION- 4000 Ew FAIRVIEW, % MILE EAST OF EAGLE ROAD: c/lv; a-rlzrv..-.v; fp ~j)t~-e-r/t::-t:( c./L PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY DEVELOPERS DIVERSIFIED REALTY CORPORATION/DAKOTA COMPANY-SOUTH OF FAIRVIEW AND ~ST OF RECORDS: ct'l:Ja--~ h ~.~ rl.{:~c-/JL PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE LAWN MEMORIAL GARDENS, INew BY CLARK DEVELOPMENT/BILL CLARK -SOUTH OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD & CLOVERDALE: ~ . c;,;to;a~+ Iv ~f/~.f'I;: :( el--e. PUBLIC FiEARING: 'REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT (TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A. BILLIGIWATERFORD DEVELOPMENT & CONSTRUCTION COMPANY- EAST OF ST. LUKE'S BETWEEN 1-84 AND FRANKLIN ROAD C on t>h ~ P / ~ f1; ;lov~ 1.6 -d- /J1-1,- PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MilLENNIUM BUSINESS PARK) BY G.L. VOIGT DEVELOPMENT AND OVERLAND 16 LLC-WEST OF EAGLE ROAD AND SOUTH OF OVERLAND; Te-rvf)}~ ~/A- I~ ?I'h.:! ~~ 10 ~rV'-\L-r/?t~/-e. PUBLIC HEARING: REQUEST FO~ COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND ACRES, INC.-SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK: Ot-'ry C&-f~ /-b fr'-"-pv--6 /-,/C 'c/...e 17. 18. 19. 20. 21. 22. 23. 24. (- (~- - 25. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY-NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD; elk; tVf/-rv1--e'j ;b rp~ ;;/;: 1 elL 26. REQUEST FOR BEER AND LIQUOR LICENSE FOR TEXAS ROAD HOUSE: ~prvl/'~ 27. CANVASSING THE VOTES FOR CITY GENERAL ELECTION: C&/Irl)V~ 28. WATERlSEWERlTRASH DELINQUENCIES: tlf>f'YP ~k- 29. DEPARTMENT REPORTS: A. GARY SMITH 1. WATERLINE INSTALLMENT PROJECT-EAST FIRST STREET a-Pflrov~ 2. AMENDMENT TO ENGINEERING AGREEMENT WITH CAROLLO ENGINEERS FOR BIO-SOLlDS DEWATERING PROJECT IUffJ Nv.It...-