HomeMy WebLinkAbout1999 06-22
MERIDIAN CITY COUNCIL
SPECIAL MEETING
AGENDA
TUESDAY, JUNE 22, 1999- 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
GLENN BENTLEY X KEITH BIRD
X MAYOR ROBERT CORRIE
AGENDA
1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A
CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING
LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION
INC-4200 TALAMORE BLVD: (APPROVE FINDINGS AND DECISION AND
ORDER)
2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA
RIDGE ESTATES: (REDRAFT AND TABLE UNTIL JULY 6,1999 MEETING)
3. EXECUTIVE SESSION: (NO DECISION MADE)
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MERIDIAN CITY COUNCIL SPECIAL MEETING
JUNE 22. 1999
The special meeting of the Meridian City Council was called to order at 7:30 p.m.
on June 22, 199 by Mayor Corrie.
MEMBERS PRESENT: Keith Bird, Ron Anderson, Charlie Rountree, Mayor
Corrie (Glenn Bentley, absent).
OTHERS PRESENT: Gary Smith, Kenny Bowers, Shari Stiles, Bill Gordon, Bill
Gigray, Will Berg.
1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A
CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE,
PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE
RECREATION INC.-4200 TALAMORE BLVD.:
Corrie: Staff, any comments at this point?
Stiles: I don't, no.
Corrie: Is the representative for the applicant here this evening? Have you had
a chance to look over all the Findings of Fact and Conclusions of Law that has
been presented to the Council?
Unidentified: Mr. Mayor, Councilman, we have not received a copy of those.
Rountree: Mr. Mayor-
Corrie: I know it's not a public hearing but I just want to know if there are any
questions about it. Is that wrong, right?
Bird: This is a conditional use and -
Corrie: We have Findings of Fact and Conclusions of Law and if there's anything
in that that they -
Gigray: In my recommendation we don't open because otherwise you're
accepting testimony and comment. This is all deliberation at this point.
Corrie: Okay, gotcha.
Gigray: If you decide after looking at it, the Council decides they want to get
more information before they make a final decision then someone would move to
re-open a public hearing. The only problem you'd have then is that you would
have to give notice to everybody because there might be people that would be on
different sides of the issue that wouldn't be -
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Meridian City Council SpeciallV1eeting
June 22, 1999
Page 2
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Corrie: You're right, thank you. Okay, Council you have the Findings of Fact and
Conclusions of Law in front of you with the decision in order, any comments?
Gigray: I might, Mr. Mayor, a point of information since I as the City Attorney as
directed by the Council to draft these just aquaint the council with the Findings in
here have pretty much set forth that information that was before you with regards
to the type of application that this is, the particular city ordinances that apply, I
would also point out that in section 15 is the specific references and Findings of
the Council relative to the fact that the application is in conformance or
compliance with the Comprehensive Plan which is one of the conditions
regarding the granting of a Condition Use Permit and those citations of course
are the specific references in your Camp. Plan which you take judicial notice of
since it's your own Camp. Plan, of those provisions relative to the development of
the golf course of which this is proposed here very consistent with and then as
you will see in the conditions that are included in the order, I believe that the
concerns that were raised had to do with the concern over the sidewalk and I
have provided in there and I had it a minute ago what did I do with it-
Rountree: On page 12.
Gigray: (Tape shut off) Yes, 1.8 was that a five-foot sidewalk in accordance with
City ordinance and then there's a reference to the ordinance, along the entire
frontages of West Talamore Drive and West Harbor Point Drive was I believe
part of the motion that was made so that's been included, and then the other
issue had to do with the timing of the temporary clubhouse and that's in 1.20, and
this condition provides that a temporary clubhouse shall be used for a period not
to exceed seven months from the date of this order and prior to moving the
temporary letter of credit and then we have provided an amount of $500,000.00
which was the amount mentioned at the City Council meeting and I have
included that and as a condition if you said in an amount not more than
$500,000.00 then the issue can be $500,000.00 all the way down to zero and the
number as I remember the discussion, the decision of the Council was at
$500,000.00 so that's why I put it that way. The other points and conditions
contained in there were those that were recommended by the Planning & Zoning
Commission and the specific reference that I remember in the motion was to
those two points.
Corrie: Okay, thank you Mr. Gigray. Mr. Rountree?
Rountree: I have no questions. Mr. Gigray did incorporate the language that
was suggested and took care of the issues that I had. Given that, Mr. Mayor I
would move we approve the Findings of Fact and Conclusions of Law and
decisions and order.
Bi rd: Second.
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Meridian City Council Special.LVleeting
June 22, 1999
Page 3
Corrie: Motion is made and seconded that we approve the Findings of Fact and
Conclusions of Law. Any further discussion? Hearing none. Roll call vote.
ROLL CALL VOTE: Mr. Anderson - yea, Mr. Rountree - yea, Mr. Bird - yea, 1
absent.
MOTION CARRIED: ALL YEAS.
Corri~: Motion is carried, Finding of Fact and Conclusions of Law are approved.
Rountree: And that does include the Conditional Use Permit.
Unidentified: Mr. Mayor and Councilmen, I appreciate it very much.
2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR
DAKOTA RIDGE ESTATES:
Corrie: Mr. Clerk, I understand you have a signed Development Agreement, is
that correct?
Berg: Mr. Mayor and Council, that is correct. The copy of this in your packet is a
signed Development Agreement by the applicant.
Gigray: Mr. Mayor, point of information. Shari had indicated to me some
concern with the format of this development agreement and I just want to report
to the Council that this is one of these which was one that has not been done in
the course that we do them now and it's kind of trying to go back and revisit
history and is one that I think was anticipated to be done a number of years ago,
in fact I believe there were two former drafts that were proposed, the last one in
1997, neither one of them having been signed, we received a phone call from the
Developer's attorney saying that they were going to be in town for a short period
of time and so I've given instructions and reviewed a draft of this and then gave
some instructions to include in this Development Agreement the specific
provisions of the Council's action and Findings of Fact in the granting of this
particular development. My secretary got concerned that some of the provisions
which were in the 1997 Development Agreement were not included in the draft
that I have prepared. I was in transit to the Idaho Trial Lawyers annual meeting
of which I'm now an officer and so this Developer appeared and signed the
agreement. I think Shari would explain what her concerns are, that there are
some provisions in the 1997 agreement which is appended to this document as
exhibit "Dn which are not necessary, you might want to hear what she has to say
about that, we may want to hold further action on this and make some changes
on it and then re-submit it or if you say we're willing to sign the agreement without
certai.n portions of this on here then weill need to re-submit it back to the
Developer for their signature as it's changed because we wonlt have a signed
document that everyone agrees to unless it's a signed document and the process
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Meridian City Council Special Meeting
June 22, 1999
Page 4
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as you know at this point is we do not, at least my recommendation is that you do
not annex or zone or rezone if you're going to have a Development Agreement
unless it's signed before you take the action. We have a few of these left that are
around where that just didn't happen and these came in afterwards and this is
one of these where we're trying to re-construct what was done a number of years
ago.
Corrie: Alright Shari, you're on.
Stiles: Mr. Mayor and Council, I know that Doug Campbell came into my office
on Friday on the 11 th at about eight minutes to five and handed this to me and
said approve this, we want to get it on the agenda for Tuesday and I said there's
no possible way I was going to look at something for eight minutes and ask to
have it put on the agenda, so I thought that this would be an item that would
come up on the July 6th meeting, I didn't know until yesterday that it was on the
agenda for today so I hadn't reviewed it. I did look at it tonight. It incorporates an
entire Development Agreement at the back which was a draft that was with
another Developer, Max Boesiger, so all of that would be totally inappropriate to
be a part of this Development Agreement. I would ask that if I could work with
the City Attorney so we would incorporate the pertinent items from the old
Development Agreement into the new Development Agreement and simply have
the Development Agreement with the exhibit "An and the exhibit "B" would be the
Findings of Fact and then delete the entire last section of what you have there in
your packet. I know that they are in a big hurry now because the plat is at John
Priester's office and they can't record it until the instrument number is attached to
the plat. Either way, if you want to wait until the 6th, that's fine too but I think it's
more of a cleaning up that we need to do of it and shouldn't really affect the end
result.
Corrie: Would the 6th of July meeting be sufficient time for you?
Stiles: To me it makes no difference, the Develop.er makes a big difference.
Bird: Mr. Mayor, on this Development Agreement that I've got sitting here in front
of me signed, who wrote it?
Stiles: The Development Agreement, the first portion of it?
Bird: The one that's signed by Steiner.
Stiles: I believe it was done by Mr. Gigray's office.
Bird: And you've had it since July 11th?
Stiles: Yes.
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Meridian City Council Special Meeting
June 22, 1999
Page 5
Bird: And you haven't had a chance to go through it yet Shari?
Stiles: I didn't believe that it would be up till the July 6th meeting. I didn't know it
would appear on the agenda today.
Gigray: One of the things I might propose and you might ask Shari, if you would
pull - and I agree with her, I don't think this whole Development Agreement ought
to be on here, and we could strike that, initial it, and then re-submit it back to
them for their initials, because otherwise we wouldn't be changing any of the
terms of the agreement which is the main body here, this has just got appended
because it's referenced in exhibit "B" which is the sheet attached hereto, see that
line right there, and you could in a motion authorize the Mayor to initial this and
strike through it and then pull this whole Development Agreement off of here
because I think that was Shari's main concern and I agree with her, I think that
that shouldn't be on there and I can tell you that my staff was concerned that we
were leaving something out since we weren't in the forefront of this and there
was a bunch of stuff in this and my instructions as , left it is I wanted it follow the
Findings of Fact which is the first part of "811 because that was the official action
of the City Council. If that happened then we could assign and initial this and
then just re-submit this back to them to have them initial it. We can just do an
acknowledgment on the initials and that's done a lot in agreements.
Bird: Mr. Gigray, what you're saying then is that Exhibit liB" if we just strike that
from the Development Agreement which we have to strike out and both parties
have to initial, then we can go ahead and pass it, is that what I'm understanding
from you and Shari? Is that your complaint about it Shari?
Stiles: Councilman Bird, there are issues in this whole Development Agreement
that aren't specified in the new Development Agreement. I think probably some
of those things should be incorporated in it but also on page six of the new
Development Agreement under 5.1.20 it also refers to the previous Development
Agreement and those conditions so that would also need to be taken out but I
still think that we need to actually change the existing Development Agreement to
incorporate some of these items in the back, specifically Exhibit "B". The
Development Agreement that you have that's at the back was a draft and still
has my - just some edits that I had written in there and notes but -
Bird: Shari, so in other words, you don't like the language in the one we wrote
recently without putting some of the Exhibit "B" wording into this new agreement)
is that what I understand?
Stiles: Yes.
Anderson: And what kind of hardship are we going to put on the Developer by
putting this off until the 6th?
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Meridian City Council Special Meeting
June 22, 1999
Page 6
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Stiles: They wonlt be able to get any building permits. Theylre all ready to get
building permits itls just a matter of John Priester signing the plat and recording it_
Bird: Shari, in other words, theylre ready to start building permits and stuff, this
Development Agreement so welre just taking money out of - he pays his interest
on what hels got loaned and he's not getting any back in and we give him this
Development Agreement that he goes and signs because we in good faith that
we handed to him telling him this is the one we want you to sign and now we
don't want him to sign it even after he signed it, is that right?
Stiles: Weill think if they'd read it, they shouldn't have signed it. I don't think
they even read it. I don't see any way possible that -
Bird: I can't believe they didn't read it.
Stiles: I don't know why they would sign an agreement that references another
individual entirely and has hand written comments.
Anderson: Mr. Mayor, I guess my two cents worth is that I don't feel comfortable
passing a document that our staff is telling us doesn't include all of the comments
that we need. I can sympathize with the Developer and I think there's probably
ample blame to go around in this but I just think that at this point from Council's
standpoint it wouldn't be the right thing to do, pass something patched together
or hoping that we had everything and why don't we just take two weeks and get it
done right.
Rountree: Mr. Mayor, I don't disagree with what Ron said, however I've got a
question for Shari. If the comments in Exhibit "B", and I need to get this squared
away, Exhibit "B" is the one dated - it doesn't have a date. It's actually a three
page document that starts out one of two, two of two, and three of two, okay then
we're dealing with the same document anyway, does that include alt the
concerns that you have and then some?
Stiles: Well as you can see on page one of two it does say a Development
Agreement between the City and Max Boesiger under item #B they were
proposing to deposit funds with ACHD and I believe that's what ACHD requested
but we said that we wanted them to build a sidewalk on Ustick but other than
that if we could make those changes or initial them or whatever and take away
the rest of the old Development Agreement and have those three pages then the
only thing we'd have to do would be to strike that 5.1.20 on page 6 of the new
Development Agreement.
Rountree: And the line on Exhibit liB" under the current recent Development
Agreement that refers to the previous Development Agreement that refers to the
previous Development Agreement.
Meridian City Council Speciar Meeting
June 22, 1999
Page 7
Stiles: Yes.
Rountree: But we would still include Findings of Fact and Conclusions of Law.
Stiles: Well we could still include the Exhibit liB" but I guess we could add this -
call it additional conditions of approval -
Rountree: Well Exhibit "8" would include Exhibit "B" of the previous
Development Agreement.
Stiles: Weill guess it reads Findings of Fact and Conclusions of Law/Conditions
of Approval, that would probably still work okay then.
(Inaudible)
Bird: Mr. Mayor, I'd like Mr. Gigray to - I think he's got an idea for us.
Gigray: I'll just throw this out. What if we - I mean as I understand the concern
of the Planning & Zoning Director, there may be surplusage in Exhibit "8" that is
the previous agreement rather than omission. I think we might be more
concerned with omission rather than surplusage. If the Developer signed this, if
you went ahead and approved this and then we need to come back and amend
it, which would take a public hearing, I don't think it's a good idea to amend
Development Agreements that have been approved through the public hearing
process without going back through it but I think the Council could take the action
here, then a proposal could be made to delete some of this that needed to be
deleted and then they would have their signed agreement which they have
already signed and they can move forward with their plat. Do you see anything
in there Shari that would be an impediment to what they've already done and
kind of work backwards this way?
Stiles: If we delete the entire second Development Agreement except for the
Exhibit "BrI?
Gigray: Well yeah, the delay would be if the Council takes any actions tonight
that would modify this proposed agreement in any way we have to re-submit it to
them to have them initial it, I don't know how much time that would take. You
know I guess they could air freight it down and back, aren't they in California or
somewhere?
Stiles: Yes.
Gigray: I don't know how much hardship that would cause. If the Council passed
this as it is since they've signed it then the agreement would be done, it could be
recorded, they could get their plat and then if we needed to come back and
amend the agreement we'd simply notice it up for a public hearing and then it
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Meridian City Council Special Meeting
June 22, 1999
Page 8
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could be heard and then it could be amended if the Council chose to take that
action after public hearing at a later date and they would -
Stiles: We don't have public hearings for the initial approval of a Development
Agreement, why would we have to have it for an amendment?
Bird: We're changing Facts and Conclusions of Law.
Gigray: I guess it would depend on what it is we'd be changing, if we'd be
changing a condition, I think the safe play is to give public notice, you know,
because we have a lot of development where you have a Development
Agreement everybody goes the way the City Council action was that the
Development Agreement would be signed and it would have these conditions in it
and then if you would come back and seek to change any of those then I think it's
a good idea to let the public at least have a hearing to address what other
proposed change would be. In this instance that would be cautious, if you chose
not to do it simply because it was really correcting a typographical error then you
could make a determination not to have a public hearing, I just don't know exactly
what all that might entail but as I understand this there's nothing missing here, it
may be too much.
Anderson: Sidewalks are missing.
Gigray: Yeah and I can tell you, I put this originally together based on what I saw
of the Findings and the minutes and the Findings of Fact, I didn't add a thing in
there and the only other thing is what was in a Development Agreement so I
couldn't find anything of record that would have added any other conditions and
that's the problem I have with these old ones, since we don't have them I have to
go back and get copies and transcripts of the City Council meetings and the
Findings to see what in the heck to put in them.
Rountree: Shari, I don't want to move on this without an affirmative nod from
you, so I would also like to maybe do something tonight because I think we've led
the Developer to some point of expectation. If we approve this with Exhibit "B"
striking Boesigers reference, adding that they will build sidewalks and striking the
paragraph in the new agreement that refers to the old Development Agreement,
does that resolve your issues or are there other issues that -
Stiles: It probably would.
Rountree: That's real assuring.
Stiles: Another problem with these projects where a Development Agreement
was required and the Findings of Fact, in this case the Findings of Fact were
based on a totally different project. The elementary school wasn't even
considered to be a part of the project at that time. There's really nothing we can
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Meridian City Council Special Meeting
June 22, 1999
Page 9
do about that because they were the Findings for the annexation and so I guess
to answer your question, I don't like that way of doing it, I would rather have a
nice clean copy but it would work.
Rountree: Ron's telling me he doesn't like it.
(Inaudible)
Corrie: Well it sure wonlt come down to a tie vote so -
Rountree: Mr. Mayor, I guess I need to understand why this is on the agenda
tonight, was there expectation given to the Developer that we were going to
affirmative on this or was it just kind of one of those -
Corrie: It was one of those things that was going to be - (inaudible) affirmative or
anything else. We just said that we'd try to get it on the agenda and I think we -
as Mr. Smith and I have discussed many times we get in trouble when we move
too fast.
Rountree: Mr. Mayor, I would move that we instruct Council and Planning
Administrator to work with Steiner Development to re-draft and re-establish the
appropriate conditions for this Development Agreement and provide it to the
Council on July 6th for consideration.
Anderson: 1111 second it.
Corrie: Motion is made and seconded that we have the staff and the attorneys
and the proper people get together and make the corrections necessary and get
back to us on July 6th. Any further discussion?
Rountree: Mr. Mayor, my discussion is that I'm not particularly pleased that we're
here with this given the situation, I believe there's some expectations on the part
of the Developer and I would very much like to meet those expectations, I believe
however there's enough burdensome language in the old agreement that they
may not want to live with if in fact it stands and theyld be back here asking for an
amendment anyway so, my preference is let's get it right the first time.
Corrie: Any further discussion?
Bird: I have none.
Anderson: I have none.
Corrie: All those in favor of the motion say aye. Opposed no?
MOTION CARRIED: ALL AYES.
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Meridian City Council Special Meeting
June 22, 1999
Page 10
Corrie: That takes care of the two items, item number three is executive session
in accordance to Idaho code 67234 to discuss personnel issues subsection "C".
I'll entertain a motion to go into executive session.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to go into executive session. All those in
favor say aye.
MOTION CARRIED: ALL AYES.
(WENT INTO EXECUTIVE SESSION)
(RETURNED FROM EXECUTIVE SESSION)
Corrie: Okay, we'll come out of executive session, no decisions were made in
reference to Idaho code section "en, I'll entertain a motion to come out of
executive session.
Rountree: So moved.
Bird: So moved, yeah.
Corrie: Motion is made and seconded. All in favor say aye.
MOTION CARRIED: ALL AYES.
Corrie: I'll entertain a motion to close the regular hearing on January 22, 1999.
Bird: So moved.
Rountree: Second.
Corrie: Motion made and second to adjourn the regular meeting. All those in
favor say aye.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:50 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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Meridian City Council Special Meeting
June 22, 1999
Page 11
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APPROVED:
ATTEST:
(
MERIDIAN CITY COUNCIL
SPECIAL MEETING
AGENDA
TUESDAY, JUNE 22,1999-7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
GLENN I~NTLEY IKEITH BIRD
MAYOR ROBERT CORRIE
AGENDA
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A
CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING
LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREA liON
INC-4200 T ALAMORE BL V9: /
d:j/T7'rov.e ..;::/;:- I c I ( '1 () { d..
DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA
RIDGE ESTATES:
r~ f -ta-tK.e. ~1 JM:r 6~ fit7-'
EXECUTIVE SESSION:
It_o c(llciT ~ ~ ~
2.
3.
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HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTr'vlENT
(208) 884-426"+
Mayor
ROBERT D. CORRIE
Cou nct I Members
CITY OF MERIDIAN
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · Fax (208) 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-553}
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at Meridian City Hall, 33 East Ida'ho, Meridian, Idaho,
on Tuesday, June 22nd, 1999 at 7:30 P.M. The City Council will meet for the
following:
Findings of Facts and Conclusions of Law: Request for a
Conditional Use Permit for a Golf Course Clubhouse, Parking Lot,
and Temporary Clubhouse by Cherry Lane Recreation Inc. - 4200
Talamore Blvd:
Development Agreement by Steiner Development for Dakota
Ridge Estates:
Executive Session in accordance with Idaho State Code 67-2345
to discuss personnel issue:
The public is welcome to attend.
DATED t~,is, 17th day of June, 1999.
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MERIDIAN CITY COUNCIL MEETING:
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APPLICANT:
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AGENDA ITEM NUMBER: 22- - F- 2-
REQUEST:
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AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING 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:
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BUREAU OF RECLAMATiON:
OTHER:
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATIER OF THE )
APPLICATION OF CHERRY )
LANE RECREATION, INC., FORA )
CONDITIONAL USE PERMIT )
FORA GOLF COURSE )
CLUBHOUSE, P ARI<ING LOT )
AND TEMPORARY CLUBHOUSE )
AT 4200 TALAMORE BLVD., )
MERIDIAN, IDAHO )
Case No. CUP-99-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditiol1al use permit application having come before
the City Council on the 15th day of June, 1999, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the hearing, and James A. Yost appeared on the
behalf of the Applicant, Jim Grant and Eva Gay Yost appeared and testified, James Shelly
appeared on behalf of The Lake at Cherry Lane Homeowners Association, Inc., Grant
IGngsford former Mayor of the City of Meridia11, Ron Sa11ti secretary/treasurer of the
Cherry Lane Golf Association, Deleta Cooper a senior member of the Cherry Lane Golf
Course, Jennifer Lovan-Holloway the general manager of the Cherry Lane Recreation, Ross
Parton, al1d Dick Johnson, the surveyor and designer, on the project, appeared and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - I
testified in favor of the application, and a petition was submitted in support of approval
of the conditional use pennit with the condition that the phases of the Conditional Use
Permit - parldng lot, relocation of the temporary clubhouse, and completion of the
permanent clubhouse will be completed withi11 the time frame prescribed by the Planning
and Zoning Commission, Doug Campbell testified representing the Steiner Development,
LLC, a11d all parties having appeared and testified in favor of the application, and persons
testifying with concerns over the project were Russ Mc Rae, Gordon Margulieux and Ellen
Gasaway, and the City Council having received into the record the Recommendation to
City Council of the Planning and Zoning Commission and having reviewed the newly
submitted plans entitled the "New Proposed Clubhouse for Cherry Lane Golf Course,
Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed
ArchitectAR-1372, which plans designate Job No. 9918 dated May 1999, DRAWN BY:
].A.T, CHECI<ED BY: R.H., SHEET NUMBER A-G.O 1 OF 8, which plans include
Architectural Cover Sheet, Basement/Foundation Plan, Main Level Floor Plan, Roof Plan,
Details & Ada Mounti11g Heights, Exterior Elevations, Building Sections, Wall Sections
and Details, Door and Window Schedules, and General Structural Notes, Foundation
Plan, Main Level Foundation & Fralning Plan, Roof Framing Plan, Structural Details S-
S.land Structural Details S-7.1, and Joh11son Land Surveying, Inc.: Site Plan, Light Plan
and Parldng Lot Plan", the staff report and the record made before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 2
Zoning Commission, and being fully advised in the premises, the Council finds and
concludes as follows:
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use perlnit was
published for two (2) consecutive weel<.s prior to the said public hearing scheduled for
June 15, 1999, before the City Council, the first publication appearing and vvritten
notice havi11g been mailed to property owners or purchasers of record within three
hundred (300') feet of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public hearings
having been posted upon the property under consideration more than one weel( before
said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcelnents; and the matter having been duly
considered by the City Council at the said June 15, 1999, public hearing; and the
Applicant, affected property owners, a11d governluent subdivisio11s providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express COlnments and submit evidence.
2. There has been compliance with all notice and hearing
requirelnents set forth in Idaho Code SS67-6509 and 67-6512; and SSII-2-416E and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMJT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 3
(
(
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed vvith the staff report.
3. Council talces judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps
and the Ordinance establishing the Ilnpact Area Boundary Ordinance and Map.
4. The property is located at 4200 Talamore Blvd., which is located
west of Ten Mile Road and north of Cherry Lane, adjacent to the intersection of W.
Harbor Pointe Drive and W. Talamore Blvd., Meridian, Idaho.
5. The Owner of record of the subject property is the City of
Meridian, and the Applicant is the lease holder of the property by that certain
"Agreement of Lease entered into by the City of Meridian and Cherry Lane Recreation,
Inc., an Idaho corporation, dated the 3rd day of October, 1978."
6. Applicant is Cherry Lane Recreation, Inc. of 2070 lnterlachen
Way, Meridian, Idaho.
7. The subject property is currently zoned Low Density Residential
(R-4). The zoning district of Low Density Residential (R-4) is defined vvithin the City
of Meridian Zoning and Development Ordinance, Section 11-2-408(3).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 4
(
8. The proposed application requests a conditional use permit for
construction and development of a golf course clubhouse, parking lot and temporary
clubhouse. The Low Density Residential (R-4) zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-2-409).
9. Due to the fact that the subject property is an existing golf course,
and the present temporary clubhouse is a non-conforming use in the zone, and due to
the fact that the requested use is a non-conforming use, the uses proposed within the
subject application will in fact, constitute a conditional use as provided in SS 11-2-406
E 2 and 11-2-406 F of the City of Meridian Municipal Code.
10. Concerns raised by two persons who testified at the hearing, and
who reside near the proposed clubhouse, centered upon two (2) issues. One witness
had concerns about parties and loud music past the hour of 10:00 o'clocl( p.lU., and the
other was concerned about the increase of pote11tial traffic on W. Harbor Pointe Drive.
II. The Council finds that the lease agreement, ""Agreement of
Lease" entered into by the City of Meridian and Cherry Lane Recreation, Inc., an
Idaho corporation, dated the 3rd of October, 1978", which it tal(es judicial notice of its
own records does not specify other than a general provision at section 12 therein
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 5
requiring compliance with the law. A restriction of clubhouse operations to not
proceed past 11:00 o'clocl( p.m. is reasonable and would address the concerns raised
regarding the potential for clubhouse activities to impact neighboring properties.
12. The Council finds that the traffic access for ingress and egress
from the site would not unduly burden any of the roads and streets in the vicinity of
the proposed conditional use.
13. The Planning and Zoning Adlninistrator, Shari Stiles, reported
that given the requirements of the City's ordinances, and the need for pedestrian access
in this residential and recreational area, there should be included in the special
conditions "Site Specific Comments" No.7, which provides "Construct five-foot-wide
sidewall<s along the entire frontages of W. Talamore Drive and W. Harbor Pointe
Drive". Applicant did not oppose the condition other than to state there may be
arrangements with other developers in the area to insure the completion of that
condition.
14. There is concern on the part of those who have offered testimony
in support and in opposition to limit the tilue for the use of the temporary clubhouse,
and there is concern also that the conditional use permit is immediately needed
because the Applicant's present temporary clubhouse must be moved from its present
location by July I, 1999. Testimo11Y was offered by Doug Calupbell, representing
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 6
Steiner Developlnel1t, LLC, that they would worl( with the Applicant to allow some
additional tilne to lnove the temporary clubhouse, so long as the conditional use pennit
is granted before the 1 st of July, 1999, and this lnatter is moving forward.
15. The application is in compliance with the Comprehensive Plan of
the City of Meridian as follows:
IS .1 Meridian Comprehensive Plan Generalized Lalld Use Map
Infrastructure Planning Analysis Comprehensive Plan and Map
adopted on December 21 ,1993, designates the subject property as
Existing Urban; and
15.2 Goals of the Comprehensive Plan at page 5 thereof numbers 3, 5
and 6; and
15.3 Public Services, Utilities and Energy Resources at page 35 "Golf
Services" provides: "This is a leased facility. The Cherry Lane
Municipal Golf Course is a well designed nine-hole course that
attracts golf enthusiasts from throughout the Valley. The staff
includes a golf professional and greens l(eeper. A clubhouse will be
built in the near future to accommodate increased user demand
and golf-related services to the community"; and
15.4 Table 2 Future Needs at page 37 under heading "Golf Course";
alld
15.5 Open Space, Parl(s and Recreation "Recreation Goal Statemel1t"
policies, number 1.1 at page 5 9 .
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 7
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 permits; 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
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plan; and
(C) That upon the granting of a special use pennit, conditions
may be attached to a special use permit, including, but not
limited to, those:
1 ) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3 ) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally required in
an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services within the planning jurisdiction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 8
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
Mllnicipal Code.
3. The City of Meridian in its Municipal Code at S 11-2-406 E 2 and
S 11-2-406 F has provided in part as follows:
2-406 E 2 NON-CONFORMING USES OF STRUCTURES OR OF
STRUCTURES AND LAND IN COMBINATION:
A nOl1-conformil1g use shall be extel1ded to occupy any additional land
area only as an application shall be submitted to the Comn1ission and in
accordance with the Conditiol1al Use procedures of Section 2-418 of this
Ordinance.
2-406 F REPAIRS AND MAINTENANCE:
On any non-conforming structure, or portion of a structure containing a
non-conforming use, worle may be done on ordinary repairs, or on repair
or replacement of non-bearing walls, fIXtures, wiring or plumbing. The
existing cubic content of a non-confonning non-conforming structure or
portion of a structure containing a non-conforming use shall not be
increased before an application shall be submitted to the conunission and
in accord with the Conditional Use procedures of Section 2-418 of this
Ordinance.
4. Idaho Code S 67 -6504 provides that the City Council may exercise
all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which
Act is 1<11own as the "Local Land Use Planning Act of 1975."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 9
5. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, which
provides in part:
5.1 Meridian Comprehensive Plan Generalized Land Use Map
Infrastructure Planning Analysis Comprehensive Plan and Map
adopted on December 21 ,1993, designates the subject property as
Existing Urban; and
5.2 Goals of the Comprehe11sive Plan at page 5 thereof numbers 3,5
and 6; and
5.3 Public Services, Utilities and Energy Resources at page 35 "Golf
Services" provides: "This is a leased facility. The Cherry Lane
Municipal Golf Course is a well designed nine-hole course that
attracts golf enthusiasts froIn throughout the Valley. The staff
includes a golf professional and greens l(eeper. A clubhouse will be
built in the near future to accommodate increased user demand
and golf-related services to the co nununity" ; and
5.4 Table 2 Future Needs at page 37 under heading "Golf Course";
and
5.5 Open Space, Parl<s and Recreation "Recreation Goal Statement"
policies, nUlnber 1.1 at page 59.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 10
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City
Council does hereby ORDER and this does Order that:
I. The Applicant is granted a conditional use permit for the
construction of a golf course clubhouse and parldng lot to be used in the customary
manner of the use of such facilities and construction shall be in accordance with the
submitted plans entitled "New Proposed Clubhouse for Cheny Lane Golf Course,
Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed
Architect, AR 1372, which plans designate Job No. 9918 dated 5-18-99, and which
plans include Site, Light and Parldng Lot plans, and to place upon the subject site as
indicated 011 the said site, light and parking lot plans a temporary clubhouse, all of
which is subject to the following terms and conditions:
1.1 Any existing irrigation/drainage ditches crossing or adjacent to the
property shall be tiled per City Ordinance II-9-605.M. The
ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district,
or lateral users' association, with vvritten confirmation of said
approval submitted to the Public W orles Department.
1.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - II
City Ordina11ce Section 5-7-5 17. Wells may be used for non-
domestic purposes such as landscape irrigation.
1.3 Off-street parldng shall be provided in accordance with Section 11-
2-414 of the City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
1.4 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4and 11-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
1.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
1.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-14.D.3.
1.7 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Developlnent Ordinance. No telTIpOrary signage or flashing signs
will be permitted.
1.8 Applicant shall construct five-fa at-wi de sidewallcs in accordance
with City Ordinance Section 11-9-606.B.l1. along the entire
frontages of W. TalalTIOre Drive and W. Harbor Pointe Drive.
1.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
1.10 Applicant shall provide a revised site plan detailing all existing and
proposed utilities for review by the Meridian Public W orles
Department. Designer shall coordinate sizing and routing of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 12
sanitary sewer and water vvithin the developlnent vvith the Public
W orles Department.
1.11 Provide the Public W orles Departlnent vvith information on
anticipated fire flow and domestic water requirements for the
proposed site. Flow and pressure from the existing mains shall be
monitored vvith the Meridian Water Department to determine
whether adequate fire protection exists.
1.12 Applicant shall be required to enter into an Assessment Agreement
vvith the City of Meridian. In addition to these assessments, "Late
Comers" fees Inay also be charged against this parcel to help
reimburse the parties responsible for installing mains to their
current points.
1.13 Based on asphalt square footage of 66,850, a total of 45 three-inch
caliper trees are required for the project. Due to the issue of
buffering of adjacent properties, trees in addition to the required
three-inch caliper trees should be provided. Three-inch Norway
Spruce trees vvill not be approved in the count of required three-
inch caliper trees. Any conifers provided shall be a minimum of 6'-
8' in height. Staff requires that three-inch caliper trees be provided
at 35 feet on center along W. Talamore Drive and W. Harbor
Pointe Drive, as well as vvithin parldng lot planting beds. Provide
detailed landscape plan for review and approval.
1.14 Shall review lighting plans vvith the City of Meridian to ensure
adjacent residential properties and the traveling public are not
impacted by glare.
1.15 Signage shall be limited to one low-profile monument type sign
near the intersection of W. Talamore Drive and W. Harbor Pointe
Drive. Sign shall be placed outside of sight triangle. Detailed
signage plans vvill be subject to design review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 13
1.16 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.
1.1 7 Handicapped accessible parldng spaces and associated signage shall
be constructed in accordance with the A1.nericans with Disabilities
Act.
1.18 Applicant shall provide a letter of approval from Nalnpa-Meridian
Irrigation District for trees shown within their easement for the
Eight Mile Lateral.
1.1 9 Certificates of Zoning Compliance and Occupancy must be issued
prior to any use of the property.
1.20 The temporary clubhouse shall be used for a period not to exceed
seven (7) Inonths from the date of this order. Prior to moving of
the temporary clubhouse, a letter of credit or cash shall be received
by the City of Meridian as a guarantee for completion of the
perlnanent clubhouse and parldng lot in the amount of Five
HU11dred Thousand and No/lOOths ($500,000.00) Dollars.
1.21 The basement of the building shall be provided with a fire sprinlder
systeln in conformance with the Uniform Fire Code.
1.22 Additional water hydrants shall be installed and operational prior
to any construction.
1.23 Applicants shall satisfy all fire code requirements.
1.24 Run-off is not to create a mosquito breeding problem.
1.25 Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface ~ater quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 14
1.26 The Engineers and architects involved with the design of the
subject project shall obtain current best Inanagement practices for
stormwater disposal and design a stormwater management system
that prevents groundwater and surface water degradation.
1.27 Applicant shall submit plans for a food establishment review.
1.28 Applicant shall submit a Land Use Change/Site Developme11t
application for review prior to final platting.
1.29 Requires all laterals and wasteways be protected.
1.30 All municipal surface drainage shall be retained on site.
1.31 If any surface drainage leaves the site, the Nampa & Meridian
Irrigation District must review drainage plans.
1.32 The Developer must contact the Nampa & Meridian Irrigation
District for approval before any encroachment or change of right-
of-way occurs.
1.33 Developer must comply with Idaho Code 831-3805.
1.34 The clubhouse shall not be operated other than for maintenance
past 11 :00 o'cloclc p.m.
2. That the City Attorney draft an Order Granting Conditional Use
Permit in accordance with this Decision, which shall be signed by the Mayor and City
Clerlc and then a copy served by the ClerIc upon the applicant, the Planning and
Zoning Department, the Public W orl<.5 Department and any affected party requested
notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 15
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 S 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on June 15, 1999.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BENTLEY
VOTED tfb.6~
COUNCILMAN BIRD
VOTED --%:--t1..--
COUNCILMAN ROUNTREE
VOTED ~'-
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED: 6-22-- qtf
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 16
MOTION:
APPROVED:;2.:J --=_
DISAPPROVED:
(
Copy served upon Applicant, the Planning and Zoning Department and the Public
W orl(s Department.
By:
City Clerl(
Dated:
n1sgjZ:\Work\1V1\M.eridian 1 5360M\Cherl)' Lane Golf Course CUP\CUPDecOrd.fcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 17
b--22-o/'1
..,..
....
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF CHERRY )
LANE RECREATION, INC., FOR A )
CONDITIONAL USE PERMIT )
FOR A GOLF COURSE CLUBHOUSE, )
PARKING LOT AND TEMPORARY )
CLUBHOUSE AT 4200 TALAMORE BLVD., )
MERIDIAN, IDAHO )
)
CUP-99-009
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
This matter coming before the City Council on the 22nd day of June, 1999, for final
action on conditional use permit application and the Council having received and
approving the recommendation of the Planning and Zoning Commission the Council
takes the following action:
1. That the Applicant, Cherry Lane Recreation, Inc., and the City of Meridian, owner of
the property are granted a conditional use permit for the construction and development of
a golf course clubhouse, parking lot and temporary clubhouse, as described in the newly
submitted entitled the "New Proposed Clubhouse for Cherry Lane Golf Course, Meridian,
Idaho, by Architecture Northwest, P .A., Randall C. Haverfield Licensed Architect AR-
1372, which plans designate Job No. 9918 dated May 1999, DRAWN BY: J.A.T.,
CHECKED BY: R.H., SHEET NUMBER A-O.O 1 OF 8, which plans include Architectural
Cover Sheet, Basement/Foundation Plan, Main Level Floor Plan, Roof Plan, Details &
Ada Mounting Heights, Exterior Elevations, Building Sections, Wall Sections and Details,
Door and Window Schedules, and General Structural Notes, Foundation Plan, Main Level
Foundation & Framing Plan, Roof Framing Plan, Structural Details S-5.1 and Structural
Details S-7.1, and Johnson Land Surveying, Inc.: Site Plan, Light Plan and Parking Lot
Plan", as conditionally approved by order of the City Council on the 15th day of June,
1999, for the development of the aforementioned projects and which property is
described hereinbelow to-wit:
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
CHERRY LANE RECREATION, INC.
A parcel of land situated in the SE 1/4 of the NW 1/4 of Section 3, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the center section corner of said section 3; thence N 59046'22" W a
distance of 759.17 feet to a point, THE POINT OF BEGINNING;
thence S 00030'1511 W a distance of 163.24 feet to a point;
thence N 82030'02" E a distance of 225.00 feet to a point;
thence S 00000'00" W a distance of 438.00 feet to a point;
thence N 84046'11" W a distance of 252.67 feet to a point;
thence along a non-tangent curve to the left having a Delta of 49031'1 0", a Radius of
249.75 feet, a Tangent of 115.19 feet, a Chord Bearing of N 25052'45" W, a Chord
distance of 209.20 feet, and an Arc Length of 215.85 feet to a point;
thence N 50038'25" W a distance of 94.32 feet to a point;
thence along a curve to the left having a Delta of 5005'36", a Radius of 680.00 feet,
a Tangent of 30.24 feet, a Chord Bearing of N 53011113" W, a Chord distance of
60.43 feet, and an Arc Length of 60.45 feet to a point;
thence along a curve to the right having a Delta of 86018'50", a Radius of 20.00 feet,
a Tangent of 18.75 feet, a Chord Bearing of N 12034136" W, a Chord distance of
27.36 feet, and an Arc Length of 30.13 feet to a point;
thence N 30034'50" E a distance of 84.13 feet to a point;
thence along a curve to the right having a Delta of 41013'04", a Radius of 375.00
feet, a Tangent of 141 .02 feet, a Chord Bea ri ng of N 51 011121" E, a Chord distance
of 263.99 feet, and an Arc Length of 269.77 feet to a point;
Said parcel containing 3.75 acres more or less.
2. This permit is subject to the following terms and conditions:
That the above named Applicant is granted a conditional use permit to use the
property for the construction and development of a golf course clubhouse, parking
lot and temporary clubhouse, subject to the following conditions of use and
development:
2.1 Any existing irrigation/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should
be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users' association, with
written confirmation of said approval submitted to the Public Works
Department.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
CHERRY LANE RECREATION, INC.
2
2.2 Any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service per City Ordinance Section 5-7-5
17. Wells may be used for non-domestic purposes such as landscape
irrigation.
2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance and/or as detailed in
site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.0.4 and 11-2-414.0.5 of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for
all off-street parking areas. All site drainage shall be contained and disposed
of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section 11-2-14.0.3.
2.7 All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs will be permitted.
2.8 Applicant shall construct five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.8.11. along the entire frontages of W. Talamore
Drive and W. Harbor Pointe Drive.
2.9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.10 Applicant shall provide a revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works Department. Designer shall
coordinate sizing and routing of sanitary sewer and water within the
development with the Public Works Department.
2.11 Provide the Public Works Department with information on anticipated fire flow
and domestic water requirements for the proposed site. Flow and pressure
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
CHERRY LANE RECREATION, INC.
3
from the existing mains shall be monitored with the Meridian Water
Department to determine whether adequate fire protection exists.
2.12 Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian. In addition to these assessments, "Late Comers" fees may
also be charged against this parcel to help reimburse the parties responsible
for installing mains to their current points.
2.13 Based on asphalt square footage of 66,850, a total of 45 three-inch caliper
trees are required for the project. Due to the issue of buffering of adjacent
properties, trees in addition to the required three-inch caliper trees should be
provided. Three-inch Norway Spruce trees will not be approved in the count
of required three-inch caliper trees. Any conifers provided shall be a minimum
of 6' -8' in height. Staff requires that three-inch caliper trees be provided at 35
feet on center along W. Talamore Drive and W. Harbor Pointe Drive, as well
as within parking lot planting beds. Provide detailed landscape plan for review
and approval.
2.14 Shall review lighting plans with the City of Meridian to ensure adjacent
residential properties and the traveling public are not impacted by glare.
2.15 Signage shall be limited to one low-profile monument type sign near the
intersection of W. Talamore Drive and W. Harbor Pointe Drive. Sign shall be
placed outside of sight triangle. Detailed signage plans will be subject to
design review.
2.16 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.
2.17 Handicapped accessible parking spaces and associated signage shall be
constructed in accordance with the Americans with Disabilities Act.
2.18 Applicant shall provide a letter of approval from Nampa-Meridian Irrigation
District for trees shown within their easement for the Eight Mile Lateral.
2.19 Certificates of Zoning Compliance and Occupancy must be issued priorto any
use of the property.
2.20 The temporary clubhouse shall be used for a period not to exceed seven (7)
months from the date of this order. Prior to moving of the temporary
clubhouse, a letter of credit or cash shall be received by the City of Meridian
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
CHERRY LANE RECREATION, INC.
4
(
as a guarantee tor completion of the permanent clubhouse and parking lot in
the amount of Five Hundred Thousand and No/1 OOths ($500,000.00) Dollars.
2.21 The basement of the building shall be provided with a fire sprinkler system in
conformance with the Uniform Fire Code.
2.22 Additional water hydrants shall be installed and operational prior to any
construction.
2.23 Applicants shall satisfy all fire code requirements.
2.24 Run-off is not to create a mosquito breeding problem.
2.25 Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
2.26 The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
2.27 Applicant shall submit plans for a food establishment review.
2.28 Applicant shall submit a Land Use Change/Site Development application for
review prior to final platting.
2.29 Requires all laterals and wasteways be protected.
2.30 All municipal surface drainage shall be retained on site.
2.31 If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
2.32 The Developer must contact the Nampa & Meridian Irrigation District for
approval before any encroachment or change of right-at-way occurs.
2.33 Developer must comply with Idaho Code ~31-3805.
2.34 The clubhouse shall not be operated other than for maintenance past 11 :00
o'clock p.m.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
CHERRY LANE RECREATION, INC.
5
(
1. FIRE PROTECTION AGREEMENT WITH NAMPA: (APPROVE
WITH RESOLUTION #240)
F. MAYOR CORRIE:
1. SET UP MEETING TIME FOR RURAL FIRE BUDGET: (6/29/99)
2. SET UP MEETING TIME FOR NICK CORRAL: (6/19/99)
G. SHARI STILES:
1. CONTRACT FOR COMPREHENSIVE PLAN UPDATE WI SAle:
(APPROVE WITH RESOLUTION #239)
( ORIGINAL
CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION
DISTRICT, CITY OF NAMPA, AND NAMPA RURAL FIRE PROTECTION
DISTRICT COOPERATIVE FIRE PROTECTION AGREEMENT
(A Joint Exercise of Power Agreement)
PARTIES: 1.
2.
3.
City of Meridian
Meridian Rural Fire Protection District
Nampa Fire Protection Board
THIS AGREEMENT is entered into this~ay of :J;/l/F-
1999, by and between the City of Meridian, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642, hereinafter referred to as the "City of Meridian" and the
Meridian Rural Fire Protection District, whose address is 151 0 East 1 st Street, Meridian,
Idaho 83642, and Narnpa Fire Protection Board pursuant to the Joint Use, Ownership
and Operation Agreement for Fire Protection entered into between the City of Nampa
and Nampa Fire Protection District, whose address is 923 I st St. S., Nampa, Idaho
83651, hereinafter referred to as fiN am pa Fire Protection Board".
1. TITLE OF AGREEMENT:
1.1 Title: The title of this Agreement is the "City of Meridian! Meridian
Rural Fire Protection District, Nampa Fire Protection Board
Cooperative Fire Protection Agreement" .
1.2 Short Title: This Agreement shall be referred to as the NAMP A-
MERIDIAN COOPERATIVE FIRE PROTECTION AGREEMENT.
2. DEFINITIONS:
For all purposes of this Agreement the following words, terms, and phrases
herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same
requires otherwise:
2.1 "Co-Administrators": means and refers to the Fire Chief of each of the
Parties to the Agreement who each shall be responsible for the operational
administration of this Agreement;
CITY OF MERIDIANIMERIDIAN RURAL FIRE PROTECTION
DIS1RICT, AND NAMPA FIRE PROTECTION BOARD
COOPERATIVE FIRE PROTECTION AGREEMENT - 1
(~
2.2 "Cover Response": An arrangement whereby fire apparatus from one
department, pursuant to this Agreement, agree to respond on a temporary
basis to incidents occurring within the jurisdiction of the other fire
department's area(s).
2.3 "Fire and Life Protection Services": means and refers to the protection
of property both real and personal against fire and the preservation of life
and shall include those services which each of the Parties to this Agreement
is authorized to and does perform for residents residing within the
boundaries and persons or entities that own property and otherwise for
persons and property found within the boundaries of each of said parties.
2.4 "Incident Commander": means and refers to the fire department officer
or member in charge of any incident to which fire apparatus and personnel
respond, pursuant to this Agreement.
2.5 "Meridian Service Contract": means and refers to that certain agreement
by and between Meridian Fire District and the City of Meridian dated the
22nd day of September, 1998, entitled City of Meridian/Meridian Rural
Fire Protection District Firefighting and Life Preservation Contract and
Joint Exercise of Power Agreement.
2.6 "Mutual Aid Responses": means and refers to a response of one or more
fire apparatus, from any fire department to the other, made pursuant to
this agreement between the parties.
2.7 "Nampa Fire Protection Board": means and refers to the Joint Use,
Ownership and Operation Agreement for Fire Protection entered into
between the City of Nampa and Nampa Fire Protection District, organized
and existing pursuant to Chapter 14 of Title 31 of the Idaho Code.
3. RECITALS:
3.1 Powers and Intentions of Parties
3.1.1
WHEREAS, "Fire Protection District Law" at I.C. S 31-1430 provides
cooperation and reciprocating use of firefighting forces and apparatus
between fire protection districts and cities and fire protection districts
are empowered to enter into written agreements with other fire
CITY OF MERIDIANIMERIDIAN RURAL FIRE PROTECfION
DISTRICT, AND NAMP A FIRE PROTECfION BOARD
COOPERATIVE FIRE PROTECfION AGREEMENT - 2
(
protection districts and cities within the State of Idaho pursuant to
Idaho Code s31-1430A and cities are authorized pursuant to Idaho
Code 950-30 I to enter into agreements for fire protection services; and
3.1.2 WHEREAS, the parties wish to jointly ~xercise their authority and
powers to effectuate the purposes of this Agreement in accordance with
the authority of Idaho Law (laC. 967-2328); and
3.1.3 WHEREAS, the parties to this Agreement realize the high calling and
supreme importance of the protection of property against fire and for the
preservation of life in each of their boundaries, and th~ parties also
recognize that an event or a series of events could occur which would
require more manpower and/or equipment than the party could provide
and that it is in the mutual best interests of all of the parties to this
Agreement to provide by Agreement for their mutual aid and the
protection of property against fire and for t~e preservation of life
hereinafter provided; and
NOW THEREFORE, in consideration of the foregoing recitals, considerations
and purposes, the parties covenant and agree as follows:
4. DURATION AND TERMINATION:
4.1 Term: This Agreement shall commence on the date hereof, and end at
midnight on the 30th day of September, 1999 a
4.2 Renewal Term: This Agreement shall be automatically renewed for
additional one-year renewal terms which shall coincide with the current
"Fiscal Year", unless a party gives written notice of non-renewal or
termination not less than 30 days prior to the 30th day of September,
which shall terminate the agreement on October 1st following the term or
renewal term within which the notice was given.
5. NO SEPARATE LEGAL ENTITY CREATED:
There shall be no separate legal or administrative entity created by this
Agreement.
CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION
DISTRICT, AND NAMP A FIRE PROTECTION BOARD
COOPERATIVE FIRE PROTECTION AGREEMENT - 3
6. PURPOSE:
The purpose of this Agreement is to:
6.1 Provide by Agreement for the Parties' mutual aid for Fire and Life
Protection Services as hereinafter provided.
6.2 Provide for a method for termination of this Agreement.
7. OBLIGATIONS OF THE PARTIES:
7.1 Mutual Aid: This Agreement allows any party to furnish to any other
party customary fire department services including, but not limited to,
responses to fires, medical emergencies, hazardous materials spills, aircraft
incidents, and other emergency responses to which either fire department
may, from time to time, be summoned.
7 .2 Related Services: The Co-Administrators are to ensure that ongoing,
cooperative training by and between the Parties' personnel occurs on a
regular basis. The Co-Administrators shall ensure the timely exchange of
information pertaining to emergency incidents, water sources, fire hazards,
street closure and/or changes, conununications matters, assignment and use
of incident commanders, pre-fire plans, and other information of mutual
value to fire department personnel operating "Within the mutual aid areas.
The Co-Administrators agree that purchases of equipment and supplies
shall be reviewed frequently. Whenever joint purchasing of such items is
found to be mutually beneficial to and financially feasible for both
agencies, such purchasing may be pursued.
7.3 Compensation for Services Provided: There shall be no monetary
compensation exchanged between the Parties for seIVices provided. The
Parties "Will exchange services. Each Party shall be responsible for payment
of wages and other compensation of its employees.
7.4 It is mutually agreed and understood that this Agreement shall not relieve
any party of responsibility for services "Within its own area, nor does this
Agreement create any right or obligation to third persons by any party
which would not exist in absence of this agreement.
CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION
DISTRICT, AND NAMP A FIRE PROTECTION BOARD
COOPERATIVE FIRE PROTECTION AGREEMENT - 4
(
7.5 It is agreed that this agreement for mutual aid shall constitute the sole
consideration for performance hereof and that no party shall be obligated
to reimburse any other for the use of equipment or manpower. During the
course of rendering aid the equipment and manpower of each party shall
be at the risl, of that party. In the event of a Presidential Disaster
Declaration or invocation of the Conflagration Act, and/or in circumstances
provided for by Idaho Law, this Agreement will not preclude the parties
from seeldng reimbursement from responsible parties.
7.6 Good Faith: Each of the parties hereto agrees to attempt to furnish to a
requesting party such assistance as the requesting party may deem
reasonable and necessary to successfully abate an emergency in the
requesting party's jurisdiction. Provided, however, that the party to whom
the request is made shall have, in its discretion, the ability to refuse such
a request if sending such assistance may lead to an unreasonable reduction
in the level of protection within its jurisdiction.
7. 7 Incident Management System: The parties hereto agree that they shall
operate in conformance with the Incident Management System. In the
event of a declared emergency or disaster such incident management shall
include record l<.eeping functions so as to document all activities performed
under this agreement including but not limited to the scope and context of
personnel and equipment committed, operating times, out-of-pocl<.et
expenses, and other costs which, but for their response under this
agreement, would not have othenvise been incurred.
7.8 Excluded Services: No Party shall be responsible for fire code
enforcement, the maintenance of fire hydrants, conducting of fire
investigations, or the handling of citizen complaints outside of their
respective governmental boundaries by reason of the terms of this
Agreement, as such services are and will remain the responsibility of the
appropriate Party.
8. FIRE CHIEFS TO SERVE AS "CO-ADMINISTRATORS":
8.1 For purposes of the administration of this Agreement the respective Fire
Chiefs of the Fire Departments or their designee shall serve as the ((Co-
Administrators" of this Agreement.
CITY OF MERIDIANIMERIDIAN RURAL FIRE PROTECTION
DISTRICT, AND NAMP A FIRE PROTECTION BOARD
COOPERATIVE FIRE PROTECTION AGREEMENT - 5
(
(
8.2 The "Co-Administrators" shall meet as a Joint Board whenever requested
by the Fire Chief of any party to this Agreement. Such meetings shall talce
place within 20 days from the date a request is received by a party.
9. GENERAL PROVISIONS:
9.1 General Waivers: Each party to this Agreement waives all claims against
all other parties to this Agreement for compensation for any loss, personal
injury, or death occurring to personnel and/or equipment as a consequence
of the performance of this Agreement.
9 .2 Workers Compensation: Each party to this Agreement agrees to provide
workers compensation insurance coverage to each of its employees, and
recognizes that although overall incident management supervision will
usually be provided by the jurisdiction in which the incident occurs,
supervision of individual employees will be provided by their regular
supervisors. The intent of this provision is to prevent the creation of
'special employer' relationships under Idaho worl<.er compensation law.
9.3 Refusals to Perform: Nothing in this Agreement shall be construed to
prevent a party to whom a request for assistance is made from refusal of
such request and commitment of personnel and/or equipment to a position
or activity in which an unreasonable danger of loss of life or equipment
exists. The commanding officer of the party to whom a request for
assistance is made and is to furnish the mutual aid shall be the sole judge
of the extent and imminence of such danger.
9.4 Indemnification: The Parties agree that each governmental entity shall
save, hold harmless, and indemnify the other, its officers and employees
from any and all liability or loss whatsoever occasioned by the provision of
services contemplated by this Agreement and not caused by the gross
negligence or intentional misconduct of the other, its officers or employees.
9.5 Severability: In the event that any court of law rules any provision of this
Agreement contract to public policy or the terms of any such legislation or
if any provision is otherwise held to be unenforceable, the remaining
provisions of this Agreement shall nevertheless be enforceable and effective.
CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECfION
DISTRICT, AND NAMP A FIRE PROTECfION BOARD
COOPERATIVE FIRE PROTECfION AGREEMENT - 6
(
(
IN WITNES S WHEREOF, the parties have herein executed this Agreement and
made it effective as herein above provided.
DATED AND SIGNED this I (1; iJr day of J:/IIE
1999.
CITY OF MERIDIAN
By:
By:
MERIDIAN RURAL FIRE PROTECTION
DISTRICT
By: /J!&lcjY
/Chairman
ArrEST:
By~t7~
Secretary
NAMPA FIRE PROTECTION BOARD
By: A~~
Administrator
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CITY OF MERIDIANIMERIDIAN RURAL FIRE PROTECTION
DISTRICT, AND NAMP A FIRE PROTECTION BOARD
COOPERATIVE FIRE PROTECTION AGREEMENT - 7
(
RESOLUTION NO. 2l-'O
BY: 6/en fL /3.e,'v"f!e 'j
-'
C/~ CtJ~cd frt-eh~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERI( TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "CITY OF
MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF
NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT
COOPERATIVE FIRE PROTECTION AGREEMENT (A JOINT EXERCISE OF
POWER AGREEMENT)", CITY OF MERIDIAN, GRANTOR:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF
NAMPAAND NAMPA RURAL FIRE PROTECTION DISTRICT, organized and
existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF
MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF
NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT COOPERATIVE
FIRE PROTECTION AGREEMENT (A JOINT EXERCISE OF POWER
AGREEMENT)" a copy of which is attached hereto marked as Exhibit "A" to this
Resolution, the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with MERIDIAN RURAL FIRE
PROTECTION DISTRICT, CITY OF NAMP A AND NAMP A RURAL FIRE
PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title
31 of the Idaho Code, entitled "CITY OF MERIDIAN/MERIDIAN RURAL FIRE
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID
MUNICIP ALITY AND AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN
RURAL FIRE PROTECTION DISTRICT, CITY OF NAMP A, NAMP A RURAL
FIRE PROTECTION DISTRICT (A JOINT EXERCISE OF POWER AGREEMENT")
(
PROTECTION DISTRICT, CITY OF NAMPA, AND NAMPA RURAL FIRE
PROTECTION DISTRICT COOPERATIVE FIRE PROTECTION AGREEMENT (A
JOINT EXERCISE OF POWER AGREEMENT"), a copy of which is attached hereto
marked as Exhibit "A" to this Resolution and to bind this City to its terms and
conditions.
I :#
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 5 day
of J~ ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /5-11t..
day of ~~ , 1999.
ATTEST:
J~~~~
CITY CLERI(
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID
MUNICIPALITY AND AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN
RURAL FIRE PROTECTION DISTRICT, CITY OF NAMP A, NAMP A RURAL
FIRE PROTECTION DISTRICT (A JOINT EXERCISE OF POWER AGREEMENT")
2
(
~ CERTIFICATE OF CLERIC
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I. That I am the duly appointed and elected ClerIc of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, 'With its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City ClerIc of this City, I am the custodian of its records and
minutes and do hereby certify that on the l.fi~ day of J ~ ,1999, the
follo'Wing action has been talcen and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "CITY OF
MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF
NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT
COOPERATIVE FIRE PROTECTION AGREEMENT (A JOINT EXERCISE OF
POWER AGREEMENT)", CITY OF MERIDIAN, GRANTOR.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement 'With MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF
NAMPA AND NAMPA RURAL FIRE PROTECTION DISTRICT, organized and
existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF
MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF
NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT COOPERATIVE
FIRE PROTECTION AGREEMENT (A JOINT EXERCISE OF POWER
AGREEMENT)", a copy of which is attached hereto marl(ed as Exhibit "A" to this
Resolution, the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
I. The Mayor and ClerIc are hereby authorized to enter into on behalf of
CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - I
(
the City of Meridian that certain agreement with MERIDIAN RURAL FIRE
PROTECTION DISTRICT, CITY OF NAMP A AND NAMP A RURAL FIRE
PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title
31 of the Idaho Code, entitled "CITY OF MERIDIAN/MERIDIAN RURAL FIRE
PROTECTION DISTRICT, CITY OF NAMPA, AND NAMPA RURAL FIRE
PROTECTION DISTRICT COOPERATIVE FIRE PROTECTION AGREEMENT (A
JOINT EXERCISE OF POWER AGREEMENT)", a copy of which is attached hereto
marl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and
conditions.
SSe
William G. Berg, Jr.
STATE OF IDAHO,
County of Ada, )
~ _on thi~ day of .To n-e... , in the year 1999, before me,
~ J '- - _ , a Notary Public, appeared WILLIAM G.
BER~JR., known or identified to me to be the City Clerk of the City of Meridian,
Idaho, that executed the said instrument, and aclmowledged to me that he executed
the same on behalf of the City of Meridian.
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CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2
f
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR CHERRY LANE
ESTATES SUBDIVISION BY
JEFFREY MANSHIP
)
)
)
)
)
)
Case No. PP-IOO-98:02
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF PRELIMINARY
PLAT
The above entitled matter COIning on regularly for public hearing before the
City Council on JUI1e 15, 1999, and the City Council tal(es judicial notice of its
action of the denial of the application for annexation and zoning in Case No. AZ-
100-98:01, and the hearing was opened on the preliminary plat application and no
one provided any testimony at the hearing, and the hearing was closed, and the City
Council based upon its Findings of Fact and Conclusions of Law and Decision and
Order in Case No. AZ-I00-98:01 does hereby deny the application for preliminary
plat approval.
FINDINGS OF FACT
1. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of
approval of the preliminary plat due to the denial of the annexation and zoning in
Case No. AZ-I00-98:01.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
JEFFREY MANSHIP FOR CHERRY LANE ESTATES - 1
l.,/
_i
J_
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Section 11-9-
604E of the Municipal Code of the City of Meridian and based upon the above and
foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon
the denial of the annexation and zoning in Case No. AZ-100-98:01, the Council does
hereby deny the application for preliminary plat approval.
By action of the City Council at its regular meeting held on the ~ day of
~
, 1999.
By:
RT D. CORRIE
Of, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public
W orl(s Departluent.
~ ~~~
By"/ ~.
City ClerIc
Dated:
6-/5-91
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
JEFFREY MANSHIP FOR CHERRY LANE ESTATES - 2
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR CONDITIONAL USE PERMIT FOR )
DEVELOPMENT DENSITY BELOW 3 )
UNITS PER ACRE FOR PROPOSED )
CHERRY LANE ESTATES SUBDIVISION)
BY JEFFREY MANSHIP )
)
CUP-99-011
ORDER OF DISMISSAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Cou11cil 011 the 15th day of June, 1999, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, at the hour of 7:30 o'cloclc p.ln., and the Council having
received the record of this matter from the Planning and Zoning Commission
including the Planning and Zoning Commission's Recommendation to City Council,
and the City Council talcing judicial notice of the Record in Case No. AZ-l 00-98:0 I,
and no presentation of testilTIOny having bee11 given, and the Council having duly
considered the matter malces the following Findings of Fact and Conclusions of Law
and Decision and Order.
FINDINGS OF FACT
I. The City Council talces judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title II Municipal Code of the City of
ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - I
USE PERMIT / CHERRY LANE ESTATES BY JEFFREY MANSHIP
(
Meridian and all current zoning Inaps thereof and the COlnprehensive Plan of the
City of Meridian adopted Decelnber 21, 1993, Ordinance #629 - January 4, 1994
and Maps.
2. Staff has complied with the requirements ofl.C. S 67-6509 and 67-
6512 and ~~ 11-2-416 E and 11-2-418 E.
3. The property is located at 4375 W. Cherry Lane, Meridian, Idaho.
4. The Applicant is Jeffrey Manship whose address is 4375 W. Cherry
Lane, Meridian, Idaho.
5. The record owner of the subject property is Jeffrey Manship.
6. The subject property is currently zoned Rural Medium Density
Residential District (R-3). The Applicant in Case No. AZ-100-98:01 made an
application for annexation of the subject property into the City and requested a
zoning district of Rural Low Density Residential (R-2) which is defined within the
City of Meridian Zoning and Development Ordinance, Section 11-2-408 B I, which
application was denied.
7. The proposed application requests a conditional use permit for a
residential subdivision with a density below 3 units per acre. The Rural Low Density
Residential (R-2) zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and
ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 2
USE PERMIT / CHERRY LANE ESTATES BY JEFFREY MANSHIP
Development Ordinance, Section 11-2-409).
8. The use proposed would require a conditional use perInit if the
application in Case No. AZ-100-98:01 had been granted.
9. The legal description of the property is described in Exhibit "A"
attached and incorporated herein as if set fortl1 in full herein.
CONCLUSIONS OF LAW
I. All procedural requirements of the Local Planning Act and of the
Ordinances of the City of Meridian have been met, including the Inailing of notice to
owners of property 'Within 300 feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional uses pursuant
to Idaho Code S 65-6512 aI1d pursuant to S 11-2-418 of the Municipal Code of the
City of Meridian.
3. The City has the authority to tal(e judicial notice of its own ordinances,
other governmental statutes and ordinances, and of actual conditions existing 'Within
the City and State.
4. The property is currently zoned (R-3) Rural Medium Density
Residential District. The Applicant is requesting a zoning district of Rural Low
Density Residential (R-2) which is defined 'Within the City of Meridian Zoning and
Development Ordinance, Section 11-2-408 B I as follows:
ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 3
USE PERMIT / CHERRY LANE ESTATES BY JEFFREY MANSHIP
"(R-2) Rural Low Density Residential District: The purpose of the
(R-2) District is to permit the establishment of rural low density single-
family dwellings, and to delineate those areas where predominately rural
residential development has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the integrity of rural
residential areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-2) District allows for a maximum of two (2)
dwelling units per acre and requires connection to the Municipal Water
and Sewer systems of the City of Meridian.
5. Idaho Code s 67 -6512 (a) provides the authority to grant special and/or
conditional use permits" . . . . when it is not in conflict with the plan." [referring to
the Comprehensive Plan. ]
6. The City's authority to mal(e and enforce ordinances are confined to
within the City's boundaries as provided in Article XII S 2 of the Constitution of the
State of Idaho.
ORDER OF DISMISSAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE
APPEARING, and specifically based upon the City Council action of denial of the
application for annexation and zoning designation and, the City having no
jurisdiction for the issuance of a conditional use permit, this application is therefore
dismissed.
The City Council of the City of Meridian hereby adopts and approves this
Decision and Order of Denial.
ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 4
USE PERMIT / CHERRY LANE ESTATES BY JEFFREY MANSHIP
DECISION OF DENIAL
ROLL CALL:
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BENTLEY
VOTED~
COUNCILMAN BIRD
VOTED~
COUNCILMAN ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED: 6-/5-0/1
VOTED
MOTION:
DISAPPROVED:)( ~
APPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
W or1cs Department.
By:Ji~~~C) ~
City Cleric \\:"utttnull/
,,\\\ ~lflll:
'te'" -l CJf 'd,~
,......~ ~"""\ - ;;; ~
msglZ:\Work\M\Mer-idian 1 5360M\Cherry Lane Estates\FFCLOrdCUPDenial~ Q~~ ~ ~
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ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 5
USE PERMIT / CHERRY LANE ESTATES BY JEFFREY MANSHIP
Dated:
6-/~-'17
FA-I06471/HC
Your No. KUEHL TRUST/MANSHIP
EXHIBIT "A"
A parcel of land being a portion of the Northeast quarter of the
Northwest quarter of Section la, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at a found Brass Cap marking the Section corner common
to sections 3, 4, 9, and 10, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho; thence
South 89040'23" East ~322.58 feet along the north boundary of the
said Northwest quarter of Section 10 to a set 5/8" iron pin
marking the West One sixteenth corner of said section 10,
said pin bears North 89040'23" West ~322.51 feet from a found
Brass Cap marking the North Quarter corner of said Section 10;
thence continuing
South 89 040 t 23" East 1. 11 feet along said north boundary of the
Northwest quarter of Section 10 to a point; thence
south OOOl.'l6" West 44.93 feet to "a set '1./2" iron pin marking a
point of the southerly right of way of Cherry Lane said pin
also marking the REAL POINT OF BEGINNING; thence
South 89041'01" East 203.46 feet along said southerly right of way
of Cherry Lane to a set 1/2" iron pin; thence leaving said
southerly right of way of Cherry Lane _
South 0006 t 09" East 351.29 feet to a set 1/2" iron pin; thence
North 89041'01" West 124.00 feet to a set 1/2" iron pin marking a
point on the east boundary of that certain parcel described
under Instrument No. 8707411 and the west boundary of that
certain parcel described under Instrument No. 574474, records
of Ada County, Idaho; thence
South 0006'09" East 266.34 feet to a found 5/B" i:t.on pin marking
the Southwest corner of said parcel as described under
Instrument No . . 5744 74, and the Northwest corner of that
certain parcel as described under Instrument No. 9260788,
records of Ada county, Idaho; thence
South 89040'19" East 4.00 feet to a found 1/2" iron pin marking the
Northeast corner of said parcel as described under Instrument
No. 9260788, records of Ada county, Idaho; thence
South 0039 '41" West 3.53 feet along the east boundary of said
parcel as described under Instrument ~o. 9260788, records of
Ada County, Idaho to a found 1/2'~ iron pin marking the
Northeast corner of that certain parcel described under
Instrument No. 93110125, records of Ada county, Idaho; thence
CONTINUED
EXHIBIT "A" FINDINGS OF FACT AND CONCLUSIONS - 1
OF LAW AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT APPLICATION
8
.!
(
FA-106471/HC
Your No. KUEHL TRUST/MANSHIP
EXHIBIT "A" LEGAL CONTINUED
North 89040'23" West 332.75 feet to a set 1/2" iron pin marking the
Northwest corner of said parcel as described under Instrument
No. 93110125, records of Ada County, Idaho, and being a point
on the west boundary of said parcel as described under
Instrument No. 8707411, records of Ada County, Idaho; thence
North 0001' 16" East 621.09 feet along said west boundary as
described under Instrument No. 8707411., records of Ada County I
Idaho to the REAL POINT OF BEGINNING.
,~
9
EXHIBIT "A" FINDINGS OF FACT AND CONCLUSIONS - I
OF LAW AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT APPLICATION
(
MERIDIAN CITY COUNCIL
AGENDA
10.
11.
12.
13.
14.
15.
16.
\jL 17.
'{\fl~ st
{o \7
(
18.
FOOT BUILDING BY BILL & PAT GEYER - NE CORNER OF WILSON &
LOCUST GROVE: vtf'fJrov~
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A
CONDITIONAL USE PERMIT FOR MULTIPLE BUILDINGS ON ONE LOT BY
WES WORCESTER D/B/A SANTEE CONSTRUCTION-SOUTH OF E. PINE
ST. & WEST OF N. RALSTIN ST.: eiffJTtJV.L/
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A
CONDITIONAL USE PERMIT FOR A BANK WITH DRIVE- THRU LANES BY
OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL)-SE CORNER OF
FRANKLIN & MERIDIAN RD: tlfJJY"oV-e-
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A
CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY
JOHN BEAGLEY-NORTH OF OVERLAND RD BETWEEN S LOCUST
GROVE RD & SEAGLE RD (2400 E. OVERLAND RD): ~rV'...e-
PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING FOR R - 2..
PROPOSED CHERRY LANE ESTATES BY JEFFREY L. MANSHIP-4375 W.
CHERRY LANE: ~f>th.-e... /hC I- oJR -/in de~, aL
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR CHERRY
LANE ESTATES BY JEFFREY L. MANSHIP - 4375 W. CHERRY LANE:
C~';I~.'~
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE FOR PROPOSED
CHERRY LANE ESTATES BY JEFF MANSHIP-4375 W. CHERRY LANE:
cU~7r J /UZ 'Z iU!-s-t-
PUBLIC HEARING: REQUEST FOR REZONE OF .323 ACRES (FROM R-15
TO L-O) BY MATTHEW & DANITA HARTZT1990N. MERIDI~N RD: ."\.
cth; ~~ /-l; ;'J-up~ -PI r:-I C/L / r.e ~ ~&<-j <01 If-
PUBLfc HEARIN~: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY
CLUBHOUSE BY CHERRY LANE RECREATION INC-4200 T ALAMORE
BLVD: CthJ ~~11o~ptvU .p/~(ell In- 6-gZ-t'(tf 1pecIM~-
FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING LOTS) BY
TEALEYJS LAND SURVEYING-NORTH OF PINE & WEST OF LOCUST
GROVE RD: -ti<-MR- ~ tfM:J bt1:~"
FINAL PLAT FOR SUE'S SUBDIVISION (6 BUILDING LOTS) BY MIKE STIPA-
NORTH OF BROADWAY AVEr SOUTH OF PINE, WEST OF W. 4TH:
a~V2fL-,
19.
(
20. FINAL PLAT FOR SCOTTSDALE SUBDIVISION (8 BUILDING LOTS) BY
WOLFE COMMERCIAL ENTERPRISES, LLC-SQUTH OF FRANKLIN RD &
WEST OF SOUTH WEST 7TH AVE:
a:Pp[)v~
21. REQUEST BY STEVE YOUNGERMAN FOR A STREET DANCE IN THE
LUMBERMAN'S PARKING LOT JUNE 18TH:
&&jPJ7YlP v~
22. DEPARTMENT REPORTS:
A.
B.
c.
JANICE SMITH:
1. TREASURER'S UPDATE -~
TOM KUNTZ:
1. APPROVAL TO SELECT CONSULTANT FOR PARKS AND
RECREATION COMPREHENSIVE PLAN: ~nfrJ .'lirL i'.ICzCl--~
2. RECOMMENDATION TO RESTRICT DOGS IN lULL Y PARK: frt/lV'~tA.,r
3. DISCUSSION OF GENERATIONS PLAZA OPENING
~ _ CCE~~~Y~ J~ -G~",-,,-dl'O--/J/~2-c- &V1;Jt:Yrl)v.e. bb8~
GARY SMITH:{/" v l--~ ~r-'-'~ ~ - /I 3/1). o~
1. ADOPTION OF CITY SANITARY SEWER INTERCEPTOR
SYSTEM MAP: CUj:J~v~
2. AERATION BASIN I PUMPING FACILITIES CHANGE ORDER
NO.4 WASTEWATER TREATMENT PLANT MODIFICATIONS: t:itprov~
BILL GORDON:
1. POLICE GRANT: ~bVdL-
KENNY BOWERS:
1. FIRE PROTECTION AGREEMENT WITH NAMPA: ~pN>f./~
MAYOR CORRI E:
1. SET UP MEETING TIME FOR RURAL FIRE BUDGET: 6-2'1-'11
2. SET UP MEETING TIME FOR NICK CORRAL: 6',- 22-'19
SHARI STILES:
1. CONTRACT FOR COMPREHENSIVE PLAN UPDATE WI SAle:
up pr-oV'~
D.
E.
F.
G.
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