HomeMy WebLinkAbout1996 07-02MERIDIAN CITY COUNCIL MEETING: Jul Z 1996
APPLICANT: ITEM NUMBER; 15 _, ,.
REQUEST: DISCUSSION aF aRDINANCE 1-?'D1: E5TABLlSHING CaMMlSSIONERS FOR CITY
aEPARTMENTS
AGENCY COMMENTS
CITY CLERIC:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT: ~,/
MERIDIAN SCHOOL DISTRICT: y
U"~
~1
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POVIIER:
US 1l11EST:
INTERMOUNTAIN GAS:.
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
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QRDINANCE NO.
AN ORDINANCE 4F THE CITY OF MERIDIAN AMENDING TITLE 1, CHAPTER 7,
THE COUNCIL, OF THE REVISED AND COMPLIED ORDINANCES of THE CITY 4F
MERIDIAN BY THE ADDITION OF NEW SECTION TD BE KNOWN AS SECTION 1--
707 T4 SET FORTH AND ESTABLISH A COMMISSIONER FOR EACH of THE
FOLLOWING CITY DEPARTMENTS: POLICE, FIRE, PARKS AND RECREATION,
PUBLIC WORKS AND ANY OTHERS DEEMED NECESSARY BY THE CITY COUNCIL;
ESTABLISHING DUTIES; ESTABLISHING THE TERM OF OFFICE OF EACH
COMMISSIONER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 50701, Idaho Code, states that the
legislative authority of each City in the State of Idaho shall be
vested in a council and that such council shall have such powers
and duties as are now or may hereafter be provided under the
general laws of the State of Idaho.
WHEREAS, Section 1~-701, of the Revised and Compiled ordinances
of the City of Meridian, states that the members of the City
Council, the legislative and policy making branch of the government
of the City of Meridian, shall attend all meetings of the Council,
unless lawfully excused. and perform all duties by the nature of
their office they should reasonably perform, such as passing of
ordinances, resolutions, and overseeing of improvements and work
done for the City.
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the City to amend Title 1, Chapter 7, of the Revised
and Compiled Ordinances of the City of Meridian, by amending that
Title and Chapter, to add a new Section thereto to set forth and
establish a City Councilman as Commissioner of the Departments of
the City, those being the Police, Fire, Parks and Recreation,
MERIDIAN ORDINANCE 1-707 Page - 1
Public Works Departments, and any other future Departments created
by the City. Each assigned Commissioner have the duties and
obligations as set forth in SECTIDN 1 below.
NOW, THEREFORE, BE IT DRD,AINED BY THE MAYOR AND CITY COUNCIL
DF THE CITY DF MERIDIAN, ADA COUNTY, IDAHO:
SECTIDN 1: That Title 1, Chapter 7, CITY COUNCIL, is
hereby amended to add and enact Section 1-707, which shall read as
follows:
1--747: ASSIGNMENT DF DEPARTMENT COMMISSIONER FOR EACH OF THE
FOLLOWING CITY DEPARTMENTS: POLICE, FIRE, PARKS AND
RECREATION, PUBLIC WORKS, AND OTHER FUTURE DEPARTMENTS;
DUTIES ; AND TERM.
A. The President of the City Council shall nominate a
City Councilman to be assigned as the Commissioner of
each of the following City Departments, to wit: Police,
Fire, Parks and Recreation, Public Works Departments, and
such other City Departments created by the City Council
in the future; the City Councilmen, other than the
President of the City Council, shall confirm or reject
the Councilman nominated to be each Department's
Commissioner by majority vote; the City Councilman
nominated to be assigned the Commissioner of a City
Department shall have the right to vote to approve or
reject his nomination, unless the President of the City
Council nominates himself to be the Commissioner, in
which case the President shall still have no vote as
MERIDIAN ORDINANCE 1-707 Page - 2
above stated; if the Councilman nominated to be assigned
as Commissioner of a Department is rejected by the vote,
the Council President shall assign another Councilman to
be that Department's COMMISSIONER; if the City Council,
other than the President of the City Council, approves
and confirms the nominated City Councilman be that
Department's Commissioner he shall serve and perform as
that Department's Commissioner for the term set forth
below.
B. It shall be the duty of each Department's
Commissioner to act as a liaison officer between the City
Council and the Mayor to communicate the desires and
interests of that Department to the Mayor and other City
Councilmen and to communicate the desires and interests
of the Mayor and other City Councilmen to that
Department, all as they shall deem to be in the best
interests of the Department and the City of Meridian. It
shall also be the duty of each Commissioner a~ to sign
purchase orders, b~ to assist his Department to process
and develop a budget far the ensuing fiscal year, c~ to
audit on a monthly basis, as best he can, the status of
the current budget of his Department, d~ to approve
budgetary transfers within his Department's budget which
are not in excess of FIVE HUNDRED DOLLARS ~$500.00~, e~
to bring to the Council for approval by majority vote all
budgetary transfers within his Department's budget in
MERIDIAN ORDINANCE 1-707 Page - 3
excess of FIVE HUNDRED DQLLARS x$500.00} a d all
bud story transfers which are proposed to be made to
9
another Department, f} direct his Departments short and
long term budget planning activities, g} to be able to
assist in answering the inquiries of the Mayor and other
Councilmen and the general public regarding that
Department, and h } to perform such other duties for, and
an behalf of, the Department as the Department head and
the Commissioner shall deem to be authorized,
appropriate, and within the power and authority of, and
far, the Department.
The Department Commissioner shall evaluate the
Department head's performance an an annual basis for the
urpase of determining the Department head's salary level
P
for the next year's budget.
C. Each City Councilman assigned and confirmed to act,
and be, the Comrnissianer far each Department shall act as
such for a term lasting until the commencement of the
fiscal ear fallowing his initial selection and election;
y
the existing Commissioner shall serve as Commissioner
until a new Commissioner is selected and elected or the
existing Commissioner is selected and elected again. The
Cit Council President shall, on ar before the second
Y
Cit Council meeting after the commencement of the fiscal
Y
ear assign a new Councilman to act as the Commissioner
Y
far each Department or renew the term of the existing
MERIDIAN QRDINANCE 1-707 Page -~ 4
Commissioner for the Department for which he was serving
Burin the riot fiscal year. The procedure for
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selection and election of a Commissioner for each
De artment shall be as set forth in A. above, whether ar
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not a new Commissioner is nominated to serve or the prior
Commissioner is nominated to serve again.
SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency
which emer enc is hereby declared to exist, this
therefor, g Y
' e shall be in full force and effect from and after its
Drdlnanc
assage, approval and publication according to law.
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PASSED AND APPROVED this ,~ day of
CITY DF MERIDIAN
ROBERT D. CDRRIE ~ MAYOR
ATTEST:
WILLIAM G. BERG, JR. ~ CITY CLERK
r 199.
DIAN ORDINANCE 1-707 page ~
MERI
~~~~ ORDINANCE NO . ~ y~ .
,~
~~ AN ORDINANCE of THE CITY OF MERIDIAN AMENDING TITLE 1, CHAPTER 7,
r"~~ T E COUNCIL OF THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF
H ,
MERIDIAN BY THE ADDITION OF NEW SECTION To BE KNOWN AS SECTION 1-
707 TC SET FORTH AND ESTABLISH A COMMISSIONER FOR EACH OF THE
FOLLOWING CITY DEPARTMENTS: POLICE, FIRE, PARKS AND RECREATION,
PUBLIC WQRKS AND ANY OTHERS DEEMED NECESSARY BY THE CITY COUNCIL;
ESTABLISHING DUTIES; ESTABLISHING THE TERM aF OFFICE DF EACH
COMMISSIONER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 50~-701, Idaho Code, states that the
legislative authority of each City in the State of Idaho shall be
vested in a council and that such council shall have such powers
and duties as are now ar may hereafter be provided under the
general laws of the State of Idaho.
WHEREAS, Section 1--701, of the Revised and Compiled ordinances
of the City of Meridian, states that the members of the City
Council, the legislative and policy making branch of the government
of the City of Meridian, shall attend all meetings of the Council,
unless lawfully excused, and perform all duties by the nature of
their office they should reasonably perform, such as passing of
ordinances, resolutions, and overseeing of improvements and work
done for the City .
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the City to amend Title 1, Chapter 7, of the Revised
and Compiled Ordinances of the City of Meridian, by amending that
Title and Chapter, to add a new Section thereto to set forth and
establish a City Councilman as Commissioner of the Departments of
the City, those being the Police, Fire, Parks and Recreation,
MERIDIAN ORDINANCE 1707 Page - 1
Public Works Departments, and any other future Departments created
by the City. Each assigned Commissioner have the duties and
obligations as set forth in SECTION 1 below.
NOW, THEREFORE, SE IT ORDAINED SY THE MAYOR AND CITY COUNCIL
DF THE CITY DF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title 1, Chapter 7, CITY COUNCIL, is
hereby amended to add and enact Section 1-747, which shall read as
follows:
1-707: ASSIGNMENT OF DEPARTMENT COMMISSIONER FOR EACH DF THE
FOLLOWING CITY DEPARTMENTS: POLICE, FIRE, PARKS AND
RECREATION, PUBLIC WORKS, AND OTHER FUTURE DEPARTMENTS;
DUTIES; AND TERM.
A. The Fresident of the City Council shall nominate a
City Councilman to be assigned as the Commissioner of
each of the follawinq City Departments, to wit: Police,
Fire, Parks and Recreation, Public Works Departments, and
such other City Departments created by the City Council
in the future; the City Councilmen, other than the
President of the City Council, shall confirm or reject
the Councilman nominated to be each Department's
Conunissianer by majority vote; the City Councilman
nominated to be assigned the Commissioner of a City
Department shall have the right to vote to approve or
reject his nomination, unless the President of the City
Council nominates himself to be the Commissioner, in
which case the Fresident shall still have nv vote as
MERIDIAN ORDINANCE 1-7Q7 Page - ~
above stated; if the Councilman nominated to be assigned
as Commissianer of a Department is rejected by the vote,
the Council President shall assign another Councilman to
be that Department's CoMMISSIDNER; if the City Council,
other than the President of the City Council, approves
and confirms the nominated City Councilman be that
Department's Commissioner he shall serve and perform as
that Department's Commissioner for the term set forth
below.
B. It shall be the duty of each Department's.
Commissioner to act as a liaison officer between the City
Council and the Mayor to communicate the desires and
interests of that Department to the Mayor and other City
Councilmen and to communicate the desires and interests
of the Mayor and other City Councilmen to that
Department, all as they shall deem to be in the best
interests of the Department and the City of Meridian. It
shall also be the duty of each Commissioner a~ to sign
purchase orders, b} to assist his Department to process
and develop a budget for the ensuing fiscal year, c} to
audit on a monthly basis, as best he can, the status of
the current budget of his Department, d~ to approve
budgetary transfers within his Department's budget which
are not in excess of FIVE HUNDRED DOLLARS ~$500.00~, ey
to bring to the Council for approval by majority vote all
budgetary transfers within his Department"s budget in
MERIDIAN ORDINANCE 1-707 Page - 3
excess of FzvE HUNDRED Dor~ARS ~$ 5 0 0. o o y d al l
bud eta transfers which are proposed to be made to
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another De artment, f~ direct his Departments short and
P
lon term budget planning activities, g~ to be able to
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assist in answering the inquiries of the Mayor and other
Councilmen and the general public regarding that
ent and h to erf orm such other duties for, and
Departm , ~ P
on behalf of, the Department as the Department head and
the Commissioner shall deem to be authorized,
a ro riate, and within the power and authority of, and
PP P
for, the Department.
The Department Commissioner shall evaluate the
De artment head's performance on an annual basis for the
P
ur ose of determining the Department head's salary level
P P
for the next year's budget.
C. Each City Councilman assigned and confirmed to act,
and be, the Commissioner for each Department shall act as
such for a term lasting until the commencement of the
fiscal ear following his initial selection and election;
Y
the existin Commissioner shall serve as Commissioner
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until a new Conuni.ssioner is selected and elected or the
existin Commissioner is selected and elected again, The
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Cit Council President shall, on or before the second
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Cit Council meeting after the co~nencement of the fiscal
y
ear assi n a new Councilman to act as the Commissioner
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for each De artment or renew the term of the existing
P
MERIDIAN ORDINANCE lw7'o7 Page ~- 4
` er for the De artment for which he was serving
Com~u.ssion p
during the prior f fiscal year • '1'ne proceuu~ ~ ~~~
' n and election of a Commissioner for each
select~.o
De artment shall be as set forth in A• above, whether or
P
' ominated to serve ar the prior
not a new Commissioner is n
Commissioner is nominated to serve again.
5ECTI4N 2: EFFECTIVE DATE: WHEREAS, there is an emergency
' is hereb declared to exist, this
therefor, which emergency y
' be in full farce and effect from and after its
Ordinance shall
assa e, approval and publication according to law.
P g
PASSED AND APPROVED this ~. day of _ ,~,
CITY DF MERIDIAN
ROBERT D. CCRRIE - MAYOR
ATTEST:
WILLIAM G. BERG, JR. - CITY CLERK
1996.
ORDINANCE i-7D7 Page rI
MERIDIAN
MERIDIAN CITY CQUNCIL MEETING: Jul ~ ~ 99fi
APPLICANT: ITEM NUMBER; ~6
REQUEST: WATERISE1NEIi1TRASH aELINQUENCIES
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT: l~
CITY BUILDING DEPT: .
~l1
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property o~ the City of Meridian.
DELINQUENCY FOR JUNE
TURNOFF SCHEDULED FOR 07/10/96
MAYaR: This is to inform you in writing, if you choose to, you have the right to a
pre-determination hearing at 7: 3 ~ F.M. , 071 ~ 0196 ,before the Mayor and the City
Council to appear in person to be fudged on the facts and defend the claim made
by this City that your water, sewer and trash bill is delinquent. You may retain
counsel. This service will be discontinued on 07110196, unless payment is received
in full. ~s there anyone present who wishes to contest their water, sewer and trash
delinquency? No response.
MAYOR: They are hereby informed that they may appeal or have the decision of
the City reviewed by the Fourth Judicial District Court, pursuant to 7dhao Code.
Even though they appeal, their water will be shut off. The amount of the turn off list
is 56
DELINQUENCY LIST
TURN OFF LIST SCHEDULE FAR 0711019b
ACCI~UNT# NAME & ADDRESS ANIT. PAST DUE
1-800 SID & SHELLY BREWER 177.20
423 ~V BROADWAY AV
1-3 510 EARL & KATHLEEN 194.40
205 W PINE AV
1-4100 HAROLD BRISCOE 32.00
646 W FRANKLIN RD
1-4430 MO ALIDJANI ~ 71.20
850WF IN RD
2-1250 ELIZABETH WEALEY 60, 00
1528 W 1 ST ST
2-1560 DAVID DONII~.A 50.80
1404 W 2ND ST
2-1770 CHERRY LANE LAUNDRY 43 5.20
309 W CHERRY LN
2-2140 WILMA BLAIR 96.92
1239'L~ 2ND ST
2-2500 ELLEN BAILEY 45.20
3 3 8 CHERRY AV
2-3 912 DONALD & CAROLYN COUCH 45 , 20
1121 MERIDIAN ST
2-5900 LISA M HARVEY 63,20
1104 W ISTH AV
f t ~ ~ f
2-6170
1
MRS. GE~RCrE KING
~ ..
49.80
1119 ~V 11 TH ST
3-388 LESLIE BRUNTDN 90.40
1968 ~ SLATDN DR
4-162D KENT BARNEY 58.40
2746 ~V'L~ILLARD ST
4-1774 GARY GEYER 61.00
2588 ~ ~VILLARD ST
4-2174 MARTIN LANE 49.00
1775 ~V SANTA CLARA DR
5-648 MIKE MCDDUGAL 46.20
3452 W PARK CREEK DR
20-1988 FIRST TI~NGS FIRST 123.40
3749 QUAKER RIDGE DR
21-3 8 B DB CHARTERS 5 7.20
1996 KRISTEN IVY
21-582 MARJ~RIE CHANCE s6.oo
2606 ~V PEBBELST~NE CT
21-115 8 RaBERT C~LLINS 62.20
2472 N MAXIE WY
21-1176 MICHAEL ARMSTRONG 46.20
2510 ~ CHATEAU DR
21-1820 MARK DAMS 53.60
2001 TODD VL~Y
21-201 S ~LIAM STUHR 5 7.40
2876 VV GEMSTONE DR
22-31D MICHAEL $~ KURRENA G4DSIL 63.80
1730 ~V CHATEAU DR
22-540. ROBERT & JEREEN BRAINARD 62. SO
2 ~ 79 ~ CHATEAU DR
22-1288 FIRST THINGS FIRST 2b 1.20
20b5 LASHER CT
22-13 50 GAYLEN & SHANNON CDVL~GER 69.60
195b W MCGLINCHEY ST
22-143 6 JAMES & SALLY 69.00
19 ~ Z CAIRNS WY
22-15 ~~ S JAMES ~VD~SLEY
1942 SANDAL~'VDOD DR
31-66 TEDDY I~ILDDW
~ ~ ~ o ~ CHERRY LN
31-2992 PAUL E PARKER
2239 N~ 15TH ST
31-3050 DEBRA FRENCH
1065 ~ CHATEAU DR
31-3 3 b4 ALLEN SURGES S
2282 NW 10TH AV
31-3 3 92 ARTHUR & MOLLY BDYLE
1074 DELMAR DR
67.00
~6.2a
b3.00
100.90
50.80
4b.20
32-51 S LINDA LOU OUL~SLEY 64.20
3 62 WILLOUVBROOK DR
32-$30 JOHN Cr CARMONNE 72.60
452 ~LLOVVBROOK DR
32-864 LEROY F SMITH 72.57
694 LONGFORD DR
32- ~ ~ 00 JACK & RASE MARY BURTON 54. SO
3 3 O ~V CHRI SFIELD DR
32-1252 MARSHALL MCDANIEL 61.00
1OS W ~VATERBURY DR
33-56 TEL-CAR INC. 1 S ~ .50
220 E FAIl~VIEW AV
33-3645 SCHAFFNER CONSTRUCTION 22.40
421 E BALD~VIN ST
34-SOU LAYNE MORITSEN 65.04
2U92 N SAPPHIRE PL
34-1436 RONALD LANDON 54.20
12 S 5 E HUNTER DR
34-1976 MARJO LACROI~ 57.60
1025 CLARENE ST
•~34 ~ ~~~ ~ ~I . ~ G
40-66 TIM & ANGELIA COCHELL 63.04
1926 E SUNIlVIERPLACE CT
46-465 KEVIN BORCHARDT S 5.50
10 71 N FILLMORE IVY
50-226 JAMES HGV'~ELL 151.60
234 & 23 6 E STATE AV
50-72b C.F.I. INVESTMENTS b7.20
364 E ~VASHINGTGN AV
50-185b SANDRA AVERILL . 22.00
103 5 E FAIRVIE~ AV
5D-21 ob RICHARD RGBINSGN 85.5q
1278 ~V STGNEHENGE IVY'
50-2444 STEVE & TRACY MCNITT 97.b0
1472 N PENRITH AV
50-4506 BETTY B JAC~BSGN 55.20
436 E PIl~E ST
51-450 MURRI'S ELECTRQNICS 2 88.40
131 EIDAHGAV
51-31 D4 ANTHGNY M~REDA 39.7D
83 E KINCr ST
51-337D CINDI ATWUGD 46.2D
223E3RDST
51-3 b70 DALE BLAKE 117.20
55 E ADA ST
68-7D TDNY ARES 45.20
2599 S V~EBER RAPIDS PL
69-1190 SPENCER CGNSTRUCTIDN 73 . DD
2093 SE 3RD WY
72-172 THE DEVELGPMENT CG. 72. D0
168 'ULT DAVENPGRT DR
742336 GARY CR~~ELL 86.80
193 LYN~~~I~ CL
742458 FIRST THINGS FIRST 222.00
IZ60 '~ KIMRA ST
74-2596 S~NI STARK 69.70
375 S PENNANT PL
74-3x76 FRANK & NI~~LE ST~PPELL~ 59.80
1038 '~ L~~N ST
~~
WILLIAM G. BERG, JR., Cfty Clerk
JANICE L. LASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Warks Supt.
JOHN T. 5HAWCROFT, Waste Water Supt.
DENNIS J, SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. W4LFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "B1LL" GORDDN, Police Chief
WAYNE G. CRQOKSTQN, JR., Attorney
MEMORANDUM
4 ff ,
HUB 4F TREASURE VALLEY '`
A Good Place to Live
33 EAST IDAHO
MERIDIAN, IDAHQ 53642
Phone (208} 858-4433 ~ F,4X (208} 88'1-4$13
Public WarkslBuilding Department (20$} 887-2211
Motor VehiclelDrivers License (208) 588-4443
ROBERT D, CDRRIE
Mayor
To: city Counci I
From: Mayor
date: July 1,1 X95
RE: Committee Members for Sick Leave Pool
WALT W. MORROW, President
RONALD R. TDLSMA
CHARLES M, R~UNTREE
GLENN R. BENTLEY
P & Z COMMIS~~
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCQLM MACCOY
.~ ~.
f:t`i'~ ~9F p~`E'~IDIAPd
The following is a list of ~4} four members of the committee for your a royal. included
~p
is the nom~nat~on far ~~} tWO alternates.
1. Sonya Day
~. Brian Timmerman
3. Harold Hudson ~ ~~-~
4. Michael Loch
Alternates:
1. Celeste Violet
~. Bruce Freckleton
rn v~
re ,~i~'~
/~a~;c~ .dept
SC> weY- .~.eP ~
{~ctb /i c (~o~-~Ls ~t~t_
~~Y C ~ ~~~~~P
C`
interoffice
M E M O R A N D U M
to: Mayor ~ Councx~
tt: F~~e
from: nary D. Sn~xth, PE
re: Ashford greens N'o. Z Subd.
date: July .10, 1996
Gentlemen: Brighton Corporation is requesting that I release the approval for the
development plans of this subd. without my receipt of an agreement between
themselves and Wally Lovan concerning the timing of the construction of Ashford
Boulevard and the new clubhouse. Ashford Boulevard will connect the No. I Subd.
with the proposed new clubhouse. an June 21, 1995 Y wrote a letter (copy attached)
to Gene Smith, PE, at Hubble Engineering, explaining that this agreement was
needed to insure that i£ the clubhouse preceded the proposed Phase 2 of .Ashford
Greens the Ashford Boulevard would be built by Brighton. This was as directed by
then Mayor Kingsford.
As stated above, Brighton is requesting that I withdraw this request and release
approval of their development plans for Phase 1 because of where they are in the
development of Phase 2. They are contending that Phase 2 is significantly ahead of
the clubhouse construction, for which Y have no information concerning the timing
for construction.
Z respectfully request your dxrectxon concernxn this nnatter.
g
from the desk af...
Gary D. Smith, PE
Public Works Director
City of Meridian
33 f. Idaho
Meridian, Idaho 83b4]
]08-88]-]]! 1
faz: Z~8.88]-114] or 708-881-4813
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planners
~ Ecanomis~s
~~ ~~ „', Scien~rs~s
June 22, I~96
1334IO.WW.ME
Gary D. Smith, P.E.
Public Works Director
City of Meridian
33 E. Idaho
Meridian, ID 83 642
Dear Gary:
Subject: Five Mile Creek Assessment
•Yr~~
v ~ {y`. C
,• 4
r~,~
'~~~'~
-~.r y~.r:~ti~~,,
CHZM HILL was asked to assist the City of Meridian prepare a biological, chemical, and
physical assessment of Five Mile Creek in the vicinity of the City's wastewater treatment
facility. This requirement is contained in the City's current National Pollutant Discharge
Elimination System Permit (NPDES} permit.
CH2M HILL worked with Meridian City staff, the Environmental Protection Agency EPA},
and Idaho Division of Environmental Quality tDEQ} to establish a study plan and scope of
work for the assessment. A budget of $80,OO~ was proposed to complete the study plan and
included in the City's fiscal budgeting process. As you pointed out in our phone conversation,
a formal arrangement between CH2M HILL and the City of Meridian was not prepared. To
fill this gap I have prepared and attached our Standard Agreement for Professional Services.
Please execute the attached Agreement and return an executed copy to me for our files.
I apologize for any inconvenience that this oversight may have caused. We look forward to
meeting with you and John Shawcroft in Meridian on July 1 to discuss the draft report.
Thus far we have collected field data, performed laboratory analysts, interpreted the data and
prepared the draft report for your review. It appears we are in a strong position to complete
the assessment for less than the $SO,o~O originally budgeted.
8orse Office 1a0 Clearwater bane, Boise, iD 83712-77Q8 208 345-531
P, 0. Sox 8748, Boise, !D 837x7 2748 ~ Fax No. 20B 345-53 l5
Gary D. Smith, P.E.
Page 2
June 2Z, ~ 996
133410.WW.ME
~f you ha~re questions, please do not hesitate to call.
Sincerely,
~HZM HALL ~ ~ .
Richard P. Bishop, P.E.
Project Manager ~ .
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BEFORE THE MERIDIAN CITY COUNCIL
BRIGHTON CORPORATION
CONDITIONAL USE PERMIT
EAST OF BLACK CAT ROAD
BETWEEN USTICK AND GHERRY LANE
MERIDIAN, IDAHO
,l z
Urum~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having came on for public hearing
March 19, 1996, at the hour of 7:30 o'clock p.m., which was tabled
and continued to April 2, 1996, but was not brought an for
consideration on that date because the Council did not have these
Findings of Fact and Conclusions of Law, the Petitioner appearing
through the project's engineer, Mike Wardle, the City Council of
the City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two ~2~ consecutive weeks prior to the
said public hearing scheduled for March 19, 1996, the first
publication of which was fifteen ~15j days prior to said hearing;
that the matter was duly considered at the March 19, 1996, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 1
2. That the property is located within the City of Meridian;
it is located on the east side of Black Cat Road between Ustick and
Cherry Lane; the parcel is part of a parcel of property that was
annexed by the City over fourteen years ago and part of a parcel
that has recently been annexed; the property is zoned R-4, Low
Density Residential.
3 . The application for conditional use permit stated that
this proposal presents the first of two ~~} medium density parcels
approved in the Ashford Green PUD Planned Unit Development}, that
the land is intended to be developed into ? 4 detached single family
dwellings on 15.E acres, at a density of 4.87 dwellings per acre,
that the Applicant stated that the square footage of homes range
from 1,200 square feet and above.
4. That at the P & Z hearing Mike Wardle testified and his
testimony is incorporated herein as if set forth in full; he
basically stated, in part, as follows:
The Application is for approval of 74 dwelling units, the
density would be 4.9 units per acre; that the homes would be
detached single family dwellings with living space to the rear
and side, that there would be a recreational building, that
the roads would be private, that there would be two car
garages, that there would be parking islands that augment the
roadways, that drainage would feed into the adjacent lakes,
there would be five foot wide sidewalks but only on one side
of the road, that there would be same 0-lot lines, that street
setbacks would be met, that the house size of 1,400 would not
be met in all cases but the City can grant waivers or accept
smaller house sizes in a planned unit development, and that
the house sizes would vary from 1, 2~5 square feet up to 1, 881.
square feet.
Be further testified that they would present a
landscape plan and that the landscaping would be commonly
maintained, that this proposed development offers the
opportunity far a life-style choice, smaller dwellings in a
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 2
clustered configuration with open space and home owner's
association maintained common areasr that the project will be
an "enclave", surrounded on three sides by the golf course,
providing a physical and visual connection to the golf course
open space and water amenities and will fit well with the
Ashford Greens and Cherry Lane Golf Course community.
Mr. Wardle also stated that the carefully designed site
plan incorporates "patio home" architecture; that indoor views
and outdoor spaces off the patios are expanded five ~5} feet
beyond the property line with a "use easement" to the adjacent
wall of the neighbor's home; that this development is a 15
acre parcel within the Planned Residential Community of
Ashford Greens; that it is surrounded on three sides by the
Cherry Lane Golf Courser that it features small-lot single-
family homes designed for active, adult families; that the
houses are clustered around cul-de-sacs and meaningful common
open-space amenities; that green belts extend throughout the
development providing pedestrian and golf cart access.
Mr, Wardle stated at the January 9, 1996, meeting that
the homes would range from 1, 2 2 5 to 1, 0 8 6 square f eet . Mr,
David Turnbull also stated at that meeting that 4 out of 5
homes would be 1,40D square feet or larger and 1 out of 5
would be smaller than 1,400 square feet, down to 1,225 square
feet, but he did not state particular percentages for the
different size homes. In regards to the streets being public
or private, it was stated that initially the streets were to
be public streets but that it was Meridian's choice. Mr.
Wardle finally stated that they were now proposing that as a
result of ACHD's input, that Meridian consider approving the
street system as a private street system.
Mike Wardle submitted a letter dated January 17, 1996,
concerning fencing, which is incorporated herein as if set
forth in full.
5. That at the City Council hearing the following, basic,
testimony was given:
Mr. Wardle testified that the parcel in the center was
approved, conceptually, for up to S units to the acre,
Overall density of the entire project was originally approved
was 3.55 units to the acre. This parcel is submitted at a
density of 4.9 with a detached dwelling concept. The proposal
submitted to the Commission as they recommended for approval
accommodated five different dwelling units ranging from 1225
square feet up to 1881 square feet, Dwellings would have lap
siding and shake roofs. He showed a technical site plan which
identified the proposed setbacks and the size of the parcels,
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 3
which typically would be 4 6 by 10 4 or 4 6 4 4 square foot . There
are only 1Z units that take frontage from the loop street that
goes through the project. others are clustered on cul-~de-sacs,
and same private drives which may in some cases accommodate
access, for up to four units .
As we originally submitted the project it had a public
street system with streets to ACHD standard of ~ 9 feet back to
back, that is back of curb. ACHD felt that it would be
appropriate for the loop street to be expanded to its full 54
foot right of way which is a 37 foot back to back standard. We
have a system with a one sidewalk system along the streets and
extensive internal circulation system that provides access the
golf course club house area and to the recreation center to be
constructed in this area. The Planning Commission actually
agreed with the sidewalk and the pathway system. But they
recommended to the Council that the roadway be public and
conform to ACHD standards and there was a caveat in their
recommendation, which was that the road be public and meet
ACHD requirements, unless ACHD allowed a variance from its
requirements. A variance has not been submitted to ACHD. Our
proposal to you this evening is to act upon the request with
the stipulation that we be allowed to do private streets
unless ACHD grants a variance.
He submitted some photographs that showed existing public
streets with a street Z9 foot back to back street section,
which is what we propose here and there is still room for
parking. There is a provision for islands and gated entry at
both ends of the project. The project provides enclaves for
the residences rather than lining up streets with garages
frontages. There is a signif icant amount of open space, 19~ of
the area in fact is and would be privately owned and
maintained open space. The project with public streets would
also have the necessary funding mechanism set up in the
bylaws, covenants and restrictions for operation and
maintenance of the roadway system.
The change in findings and conclusions we requests is as
follows:
No. 1, be modified to state that the road shall be
private, but shall meet ACHD construction standards. And
then the same terminology unless ACRD allows a variance
from its public street requirement City.
No. ~, be modified to state that all setback and
yard requirements shall be in conformance with standards
submitted in the project application and detailed in the
technical site plan.
No. 3, not be changed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 4
Na. 4, regarding set backs that they be changed to
require a Z5~ reduction, and not 24~.
No. 5, regarding sidewalks, that it be changed to
state that street sidewalks and internal pathway systems
be in accordance with the technical site plan and
preliminary plat.
Mr. Wardle showed a tissue overlay that showed the
way they would add entrance islands with no change on the lots
at one end but change to the private driveway access on the
other end. He stated they have a preliminary plat madif icatian
that shows the change. In conclusion Mr. Mayor in as much as
the Planning Commission recommended approval of the
conditional use permit and the preliminary plat and did
extensively discuss it.
In concluding, he discussed private versus public
streets, and stated the only way to accommodate a private
street system is the inclusion of these entry facilities for
gating purposes we would ask that the Council proceed to
approve the conditional use permit to modify the findings and
conclusions that would allow private street and make these
other modifications,
6. Discussion was had at the hearing with Mr. Wardle and
with Mr. Turnbull, which is incorporated herein as if set forth in
full, and related to the size of the lots; Mr. Wardle stated that
F & Z had approved 4,G~~ square foot lots and approved a waiver of
the R-4 requirements; Mr. Turnbull then stated that they had
prepared five house plans ranging from 1,20 to 1,804 square feet
and stated that Commissioner Hepper talked about a 25~ restriction
on the homes under l , 4 ~ D square feet and that he , Mr . Turnbull , did
not desire to limit his options.
He also testified that he would anticipate that there would be
some masonry, probably not stucco but would prefer the lap siding
for dimensional character, brick or stone; that the testimony
before the Planning and Zoning Commission stated the sizes; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 5
Commissioner gepper did talk about something like a ~5~ restriction
on the homes under 1,40 square feet; that the Applicant's
testimony at that point was simply that they didn't necessarily
want to limit options for empty nest professionals; that
Applicant's experience would be that it would probably be less than
the 25~ and that only one of the five plans falls under that 1,44
square foot level; that a conditional use conceptual approval of 8
units per acre was approved and that it is now down to less than 5
units per acre. However, the Mixed Density parcels were only
conceptually approved.
7. Mr. Morrow asked Shari Stiles if all her conditions and
concerns were met through the P & Z process and she stated that she
did not know if they had submitted things on the architectural
style and building design. She stated in response to the question
that she could not definitely say that all the items of frontages,
roadway requirements, sidewalks, and the deed to the golf course
property had not been addressed and perhaps Mr. Wardle could
expound on whether the City had received the architectural style,
building design, building materials and color. She also stated
that the City had not received the landscaping plan and one of the
Findings on the initial application related to prior Mayor
Kingsford being adamant that Interlachen connect to Dawson Drive.
Mr. Wardle testified that Interlachen Drive did not relate to this
parcel.
8. That the owner of record is Brighton Corporation/Boise
Research Center, Inc.r that it is stated in the proposal that the
FINDINGS DF FACT AND CDNCLUSIDNS DF LAWIASHFDRD GREENS #2
PAGE 6
density would be 4.87 dwellings units per acre, there would be
public streets with a waiver of the requirement of sidewalks on
both sides of the street, there would be streets of Z9 feet back--
to~-back, private access drives for some parcels, a waiver of set-
back provisions is requested, dwellings would be from 1,200 square
feet and above, and zero-lot-line development was desired; that at
the public hearing the Applicant's representative stated that the
main loop road is only 45 feet in comparison to ACHD's 50 foot
section; that the initial application stated that the streets would
be public, which was changed during the proceedings on the
Application that they were going to be public, if the City
consented.
9. Under 11-2-409 BONING SCHEDULE OF USE C4NTRCL, A, a
Planned Development Residential BPD-~R} requires a conditional use
permit; that a conditional use permit was applied for but only
conceptually approved for the medium density development to be
developed as a planned unit development . ~ See the Finding 2 3 . below
dealing with this approval.
10. That the Assistant to the City Engineer, Bruce
Freckleton, submitted. comments; that any existing irrigation and
drainage ditches crossing the property shall be tiled; that any
existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service per City
Ordinance, but wells may be used for non-domestic purposes such as
landscape irrigation; that a master street drainage plan be
submitted, including the method of disposal and approval from the
FINDINGS GF FACT AND CGNCLUSIONS of LAW~ASHFGRD GREENS #2
PAGE 7
Ada County Highway District and the affected irrigationldrainage
districts~s~; that determination of the seasonal high groundwater
elevation and profile of the subsurface soil conditions, shall be
prepared by a qualif ied Engineer or soil scientists; that a copy of
the proposed restrictive covenants and/or deed restrictions be
submitted by review; that 5 foot wide sidewalks shall be provided
in accordance with City ordinance; that water service to this
development is contingent upon positive results from a hydraulic
analysis by the City's computer model; and that placement of the
fire hydrants be coordinated with the City of Meridian's Water
Works Superintendent.
That Mr. Freckleton submitted site specific comments which are
as follows:
a, That the sanitary sewer service and water service to this
site will be via an extension of proposed sewer mains to be
installed as part of the Ashford Greens Development; that the
Applicant will be responsible to construct;
b. That 104 watt high pressure sodium street lights will be
required at locations designated by the Meridian public Works
Department; that all street lights shall be installed at
subdivider's expense;
c. That the Meridian Fire Department and Meridian School
District need to review and approve of the travel way widths;
that as an absolute minimum, "No Parking" signs should be
posted along one side of the street;
d. That the Applicant shall provide a statement as to who
the ownership, and operation and maintenance of the
pressurized irrigation system will be, and;
e. That Hubble Engineering shall submit lot closure/area
calculations for all lots within this development for the
verification of minimum square footage standards.
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 8
11. That comments were submitted by Shari Stiles, Planning
and Zoning Administrator, stating that it is common in a Planned
Unit Development that exceptions can be made by Council to district
regulations when they are desirable to achieve the objectives of
the proposed planned developments that to be consistent, this
project should either be held to the same requirements as required
far with the Highlands project and The Lake at Cherry Lane Nos. 5
& ~, which were not allowed housing sizes less than 1,400 square
feet, or the other projects should be allowed to have housing sizes
of less than 1,400 square feet; that other variances/exceptions
that would need to be approved to grant this conditional use permit
in an R-4 zone as presented, would be of the fallowing:
1. Minimum lot sizes
2. Frontages
3. Minimum roadway widths/private drives/lots not fronting
on roadway
4. Parking areas closer than 4' from road right-of-way;
depths less than Ordinance requires
5. Ditches remaining open
6. Provision of 5' sidewalks an each side of roadway in
accordance with City Ordinance Section 11-~9-60~.B.
7. Front and side yard setbacks ~5' per story on sidey
Mrs. Stiles additionally commented that the Applicant shall
submit the following additional information:
1. A colored rendering of _adequate scale to show the
completed development that will include at least the
following items:
a. Architectural style and building design;
b. Building materials and color;
c. Landscaping his submittal showing actual or
conceptual landscaping Sizes and species. need to
be detailed;
d. Screening;
e. Garbage areas for to be provided by each individual
homeowner~~;
f. Parking ~shown~; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 9
g. open space ~shown~
2. That an Ada County Street Name Committee approval needs
to be obtained and the numbering of lots and blocks,
needs to be approved,
3, That a plan for the connection of Interlachen to Dawson
Drive and the clubhouse connection be submitted
4. Golf Course property deeded to the City in a manner
acceptable to Council prior to final plat approval.
5. Proposed restrictive covenants and deed restrictions
submitted.
6. Approval of the Ada County Highway District Technical
Review Committee.
7, Master street drainage plan submitted.
S. Indicate the minimum house sites on the plat.
9. Pressurized irrigation, fire hydrants and street lights
shown on the plat.
l~. That the Meridian Fire Chief commented; he stated that
all common areas will need to be kept clean of trash and weeds; all
street name signs need to be up and in place before building is
started; that he does not like the private drives because there
will be vehicles parked on the private drives; that there can be
"No Parking" in the cul-de-sacs and there needs to be "No Parking"
signs pasted; that he does not like the narrow streets; that there
can be "No Parking" on both sides of the street and he questioned
who could enforce this; and he attached a document on Water Fire
Flow.
13. That the Meridian School District commented that it had
a problem with the amount of students that would be generated by
this development; that a school site was needed in this section,
and the cost to the District for educating them asking for help in
dealing with the impact of growth on schools; the Central District
Health Department commented that high ground water has been
observed at less than six feet below grade at this proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 10
project; that Nampa & Meridian Irrigation District commented that
all laterals and waste ways must be protected and that municipal
surface drainage must be retained on site; that Idaho Power Company
commented that a permanent 10 foot wide public utilities easement
along all lots adjacent to the road right-of -way be dedicated to
public or private use; that all of the above comments are
incorporated herein as if set forth in full.
l4. That Section 11-2-409 A lists Planned Residential
Developments as a conditional use in the R-4 gone; that the
Subdivision and Development ordinance speaks to planned unit
developments in 11-9--607 and such is incorporated herein as if set
forth in full; that section 11--9-607 E states as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
this Section. A PD shall be governed by the regulations of
the district or districts in which said PD is located. The
approval of the Final Development Plan for a PD may provide
for such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this section.";
l5. That Section 11-~9w607 G. 8. also provides that all
Planned Developments shall be subject to design review by the City
staff and Council; that 11w9-607 E states that a PD shall be
allowed only as a Conditional Use in each district, shall be
governed by the regulations of the district in which it is located,
that a PD may provide for such exceptions from the district
regulations governing use, density, area, bulk, parking, sign, and
other regulations as may be desirable to achieve the objectives of
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 11
the proposed PD, provided such exceptions are consistent with the
standards and criteria contained in this Section; Section 11-9-647
D. states that the developer shall provide the Council with a
colored rendering of adequate scale to shave the completed
development that will include at least the architectural style and
building design, building materials and color, landscaping,
screening, garbage area, parking, and open space.
That Section 11-9-607 F 3. states that the owner's Association
Bylaws, and other similar deed restrictions, shall meet with the
approval of the Council; that Applicant has not submitted bylaws or
covenants, conditions and restrictions to the City.
16. That the property is zoned R-4 Residential which is
described in the Zoning Ordinance, 11-~-408 B. 3. as follows:
~R-4} LOW DENSITY RESIDENTIAL DISTRICT: The purpose of
the ~R-4} District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has, or
is likely to occur in accord with the Comprehensive Plan
or the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The ~R--4} District allows for a
maximum of four ~ 4 } dwellings units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.
That the R-4 zoning district requires a minimum of 1,404
square feet to be included in houses in that zone.
17. That Section 11-2.411 8 states as follows:
"All new residential hauling developments in the City of
Meridian shall be designed to insure compatibility with
adjacent existing and/or proposed developments.";
that regarding the conditional use finding that must be addressed
pursuant to 11-Z-418 C 3., as to the harmony of the project to the
FINDINGS OF FACT AND CDNCLUSIGNS qF LAW`ASHFORD GREENS #2
PAGE l2
general vicinity, it is concluded that the harmony must be with the
general vicinity, which is the entire golf course area, including
Cherry Lane Subdivision, The Lake at Cherry Lane and Golf view
Estates; that by making this proposed subdivision far a senior
citizen living complex does not remove the conditional use
requirement that the proposed use be harmonious with the general
vicinity,
18. That any comments from the Ada County Highway District
not yet received will be incorporated as if set forth in full.
19. That sewer and water is available to the property and is
required.
20. That Larry Sale, from the Ada County Highway District,
commented during the Ashford Greens conditional use process,
regarding the linkage between 2nterlachen Way and Dawson Lane; he
did not desire Interlachen Way to connect to this development,
stating that Interlachen was only a connector road from Cherry Lane
to where it ends now and should not be continued as a collector,
2 l . That 11.2-410 A requires the following yard setbacks when
there is a single-family structure and the house is on a local
road:
Minimum front yard set-back 2 4 feet
Minimum rear yard set--back 15 feet
Minimum side yard set-back 5 feet per story;
requires the following minimum lot sizes:
Lots in the R~4 District 8,400 square feet
Lots in the R-15 District 2,40 square feet/per
dwelling unit;
and requires the following minimum street frontage for each zone,
FINDINGS OF FACT AND CONCLUSIONS of LAWIASHFORD GREENS #2
PAGE 13
to wit:
Lots in the R-4 District BO feet
Lots in the R-5 District 50 feet.
z3. That the City Council previously adopted a motion
approving the residential concept plan for Ashford Greens Planned
Development, which plan included the concept of this medium density
area; that the motion of approval stated, in part, pertaining to
this medium density parcel, as follows, to wit:
"That the Meridian City Council hereby accepts the
recommendation of the Meridian Planning and zoning Commission
as supported by the Findings of Facts and Conclusions of Law
adopted 1~-2-94 and approves the Ashford Greens Planned
Development Residential Concept Plan subject to the
following conditions:
1. The maximum gross density concept of the entire project
represented to be 3.59 units per acre X444 units] is
approved.
5. The City reserves the right to place appropriate
conditions on the single family lots and areas in
accordance with ordinance requirements, for the
following, including but not limited to: streets,
pedestrian walkways, planting and reserve strips, public
sites and open spaces, lineal open space corridors,
pedestrian and bike pathways, piping of ditches,
pressurized irrigation, access, parking, paving,
striping, utilities, landscaping, screening, drainage,
and so forth, including provisions far golf cart and
pedestrian access to the club house from the existing
subdivisio ns.
7. The concept of "medium density" parcels is approved,
conceptually only.
8. The maximum gross density of the "medium density" parcels
shall not exceed S units per acre.
9. Prior to any development of the medium density parcels,
the developer shall submit a detailed application and
site plan for review and approval by the Planning and
Zoning Commission and the City Council.
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 14
10. The City reserves the right to place appropriate
conditions on the medium density areas in accordance with
ordinance requirements for the following, including but
not limited to: streets, pedestrian walkways, planting
and reserve strips, public sites and open spaces, lineal
open space corridors, pedestrian and bike pathways,
piping of ditches, pressurized irrigation, access,
parking, paving, striping, utilities, landscaping,
screening, drainage, and so forth, including provisions
for golf cart and pedestrian access to the club house
from the existing subdivisions.
11. The applicant shall work with City staff and ACRD to
address the connection of Interlachen to Dawson Drive.
Said connection, if required, shall be designed to
minimize speed and shall be included in any consideration
far development of the medium density parcel, shown as
Lot 5, Block 2~. Upon approval of the connection by the
City, the applicant shall provide a revised overall
Master Plan/Preliminary Plat incorporating that revision.
l~. Section 11-9-607 G. S. provides that all Planned
Developments shall be subject to design review by the
City staff and Council and therefore this section is
required to be met.
13. Section 11-9-607 D, PROCEDURES FGR PLANNED DEVELOPMENT,
states:
a
"All applicants shall follow the procedures as provided
in Section 9-fi04 of this Ordinance, PROCEDURES FOR
SUBDIVISION APPROVAL. In addition, the developer shall
provide the Council with a colored rendering of adequate
scale to show the completed development that will include
at least the following:
1. Architectural style
2. Building materials
3. Landscaping;
4. Screening;
5. Garbage areas;
fi. Parking; and
7. Open space,"
and building design;
and color;
The Applicant has not submitted this rendering. As a
condition of this concept approval, this Section shall be
met by the Applicant for the medium density parcels.
14. Section 11-9-607 E, M4DIFICATION:OF DISTRICT REGULATIONS,
states:
ASHFORD GREENS MOTION Page 15
"A PD shall be governed by the regulations of the
district or districts in which said PD is located.
The appraval of the Final Development Plan for a PD
may provide for such exceptions from the district
regulations governing use, density, area, bulk,
parking, signs, and other regulations as may be
desirable to achieve the objectives of the propased
PD, provided such exceptions are consistent with
the standards and criteria captained in this
Section."
Since the property is in an R-4 district, the Applicant
and the City shall be guided by the R-4 requirements.
The density of the entire project is within the four
units per acre requirement of the R-4 district even
though there is a medium density provision in the
development of the entire area, The other requirements
of the R-4 district may be varied to meet the objectives
of this proposed planned development, as long as they are
desireable. A detailed development plan far the medium
density and a new preliminary plat of the single family
layout is necessary so that they can be reviewed to
determine if the exceptions to the R-4 requirements are
desireable.
15. site plan for the medium density parcels shall be
reviewed and approval by the Planning and Zoning
Commission and the City Council, meeting all required
procedures.
16. . the Applicant deed the golf course property,
included as part of the residential planned development
immediately, to the City.
24. That proper notice has been given as required by law and
all procedures before the Meridian City Council have been given and
followed.
Z5. That there was no testimony objecting to the application.
26. That any and all Applications, maps, drawings, documents,
testimony, and statements, made by Applicant or its representatives
at public hearings or meetings, and all other items, writings, and
documents made or given as a part of :this Application, are
incorporated herein as if set forth in full.
ASHFORD GREENS MOTION Page l6
coNCLUSZONs
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-651, Idaho Code, and, pursuant to
11-Z-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-651, Idaho Code, and pursuant to l1-2.418 D of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
4. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
5. That Section 11-2-449 A lists Planned Residential
Developments as a conditional use in the R~-4 District.
4
6. That the Subdivision and Development Ordinance speaks to
planned unit developments in 11-9-607 and such has been
incorporated herein as if set forth in full.
7. That Section 119-607 E states that a PD shall be allowed
only as a Conditional Use in each district, subject to the
standards and procedures set forth in section 11-9-607; that a PD
shall be governed by the regulations of the district or districts
ASgFORD GREENS MoTI~N Page 17
in which said PD is located; the approval for a PD may provide for
such exceptions from the district regulations governing use,
density, area, bulk, parking, signs, and other regulations as may
be desireable to achieve the objectives of the proposed PD,
provided such exceptions are consistent with the standards and
criteria contained in this section. It is therefore concluded that
this Application far a Planned Unit Development should be approved
under the conditions and requirements stated herein.
8. That Section 11-9-6~7 G. 8. provides that all Planned
Developments shall be subject to design review by the City staff
and Council; that it is concluded that the above section shall be
a requirement and Applicant required to comply with it.
9. That it is concluded that the Applicant shall be required
to meet, and comply with, the requirements of Bruce Freckleton,
Assistant to the City Engineer, and Shari Stiles, City Planning and
Zoning Administrator.
10. That it is concluded the City reserves the right to place
appropriate conditions on this medium density application, in
accordance with Ordinance requirements, and the City has the right
and duty to place conditions when the application is for a
conditional use; it is further concluded that if Applicant obtains
approval from Shari Stiles, the Planning and Zoning Administrator
and/or from Bruce Freckleton, Assistant to the City Engineer, it
may receive the following changes to the ordinance requirements, to
wit:
1. That the streets may be private but shall be constructed
to meet ACRD construction standards and requirements; if
ASgF4RD GREENS MOTION Page 18
the streets are private they must be 29 feet back-to--back
and if they are public they must meet AC$D standards and
requirement; if the ,streets are private that the
Applicant shall establish, in the Covenants, Conditions
and Restriction's , ~ CC & R' s ~ , a means of collecting, each
year, a depredation fund sufficient to build a f and to
maintain the streets at any and all times of the year
such maintenance is required and to totally reconstruct
them in twenty ~20~ years.
2. That 5 foot sidewalks may be constructed only on one side
of the roadway, if allowed by ACED; Applicant shall place
and construct the internal pedestrian system represented;
and the Applicant shall establish, in the CC & R's, a
means of collecting, each year, a depreciation fund
sufficient to build a fund to maintain the sidewalks at
any and all times of the year such maintenance is
required, and to totally reconstruct them in thirty ~30~
years.
3 . That street frontage of 4 6 feet is allowed for all lots
and all lots having direct access to a street must have
that amount of frontage; that the lots that have private
drives for access shall have frontage on the private
drive for a minimum of twenty ~20~ feet.
4. Front setbacks of 20 feet must be met and no reductions
in any required setbacks are allowed, unless the house is
on a 0-lot line; that all yard depth requirements shall
be met; that all homes shall have rear yards of twenty
~ 20 ~ feet, as represented; the minimum side yard set back
shall be five ~5~ feet per story, or minimum building
separation shall be ten feet for single level homes
adjacent to each other, but if a single level home is
adjacent to a ,two story home the separation must be
f if teen ~ 15 ~ , five feet for the single level and ten feet
for the two storey home; that if two two story homes are
adjacent the separation must be twenty ~ 20 ~ , ten feet for
each home.
5. That the minimum lot size required in the R-4 District,
of 8,040 square feet, need not be met for all homes
because this is a planned unit development, but the lot
sizes shall not be smaller than 4,640 square feet.
6. That no more than 74 lots shall be allowed in the
development of the parcel and the density shall not be
more than 4.87 dwelling units per acre.
7. There must be parking pods, as shown on the submitted
plats and drawings, only for guests, scattered throughout
the subdivision and there shall be signs placed showing
ASgFORD GREENS MOTION Page 19
that they are for guests only and a means of enf orcin
that requirement in the CC & R"s g
must be established and
adopted.
5. That the minimum lot size required in the R-4 District
of 5,000 square feet, need not be met for all homes
because this is a planned unit development,~but the lot
sizes shall not be smaller than as shown on the
preliminary plat submitted for approval aloe with this
g
application for a conditional use.
9. That only one-fifth of the homes constructed may be less
than 1,400 square feet, but there shall be no homes
smaller than 1, X25 square feet; that all other homes must
be 1,400 square feet or larger, as represented.
10. That the club house/recreation center represented to be
in the subdivision must be constructed; that it must be
constructed on or before the first twenty-five lots are
sold. That the parking areas for the club
house/recreation center may be closer than 4' from road
right-of -way .
11. That both street entries into the subdivision shall be
gated.
1~. That the residents should be "seniors" as represented and
ally laws, federal or state, pertaining to a senior
citizens residential area must be met.
13. That only single-family detached homes may be
constructed.
14. That Applicant shall present CC & R's to the City showing
compliance with the terms of these Findings and
Conclusions, but the City of Meridian shall not enforce
them but compliance must be shown
l5. That it must be shown how Interlachen and Dawson Drive
will connect; that it need not be shown on a plat for
this subdivision but it must be shown prior to submittal
of any additional development application involved in
Ashford Greens .
11. That the A plicant and its agents made representations
regarding the Application and the development of the property to
achieve approval of the Application, or parts thereof, many of
which are in these Findings and Conclusions, but all of which are
ASHFORD GREENS MOTION Page 20
in the record and have been, or are hereb incor orate '
Y p d herein;
that all representations made and the re uirements of t
q hese
Findings of Fact and Conclusions of Law, shall be met • that "
if the
above are not met the approvals made shall be subject to
7
cancellation and the property subject to de-annexation.
1Z . That all Ordinances of the City of Meridian shall be met
including but not limited to, the Zoning Ordinance and the
Subdivision and Development Ordinance, bath as modified b Section
Y
11-9-~~? of the Subdivision and Development Ordinance, and the
Uniform Building Code, Unif arm Fire Code, Uniform Plumbing Code
Uniform Electrical Code, the Fire and Life Safet Code and a
y 11
parking and landscaping requirements.
l3. That 11-~-418 C of the Revised and Compiled Ordinances of
the City of Meridian sets forth the standards under which the
Planning and Zoning Commissian and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The Planned Development use, would in fact,
constitute a conditional use and a conditional use permit
~is required by ordinance.
b. The use should be harmanious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance and
the Subdivisian and Development Ordinance require a
conditional use permit to allow the use.
c. The Applicant did not specifically state that the
development would be designed and constructed to be
harmonious in appearance with the intended character of
the general vicinity, which is the Cherry Lane Village
Subdivision, The Lake at Cherry Lane, and Golf view
ASHFORD GREENS MOTION Page 21
Estates; Applicant did, however, state that the character
of the homes would comport to existing homes, that the
wauld have onl detached sin le-f anvil Y
Y g y dwellings, two~car
garages, grass density would be 3,55 to 3.2, some 4-lot
line development, shake roofs, and discussed the s care
f oota es of same of the q
g proposed homes.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available
and, such, will have to be installed and connected by the
Applicant.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental to person, property or the general welfare
by reason of excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use will be required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
14. That regarding the conditional use finding that must be
addressed pursuant to 11--2-415 C 3. as to the harmony of the
project to the general vicinity, it is concluded that the harmony
must be with the general vicinity, which is the entire golf course
area, including Cherry Lane Subdivision, Golf View, The Lake at
Cherry Lane and Golf View Estates; that by making this proposed
subdivision for a senior citizen living complex does not remove the
conditional use requirement that the proposed use be harmonious
with the general vicinity.
15. That the representations made by Applicant, or its
agents , have been filed with the City or stated at the meetings and
ASHFORD GREENS MOTION Page 22
public hearings, and such are incorporated herein as if set
fort h
in full; that if Applicant does not cam 1 with t
p y hose
` representations the approvals given to the Applicant and the
property shall be subject to revocation and the property subject to
de-annexation.
16. That the representations made by Applicant, or its
agents, and the requirements of the Ordinances of the City of
Meridian shall be met and complied with, these representations and
requirements include, but are not limited to, the following;
1. All Ordinances of the City, except which are allowed not
to be complied with herein.
2. Meeting the requirements of City Staff.
3. Meeting all of Applicant's representations regarding
development, included in the testimony, the applications,
in, or on, the plats and drawings, ar in any way made a
part of the application.
4. Construction of not more than one-fifth of the homes in
the subdivision at 1, 2 2 5 square feet to 1, 4 0 ~ square feet
single story homes all other homes shall be 1,400 square
feet or larger; all homes, regardless of their size,
shall have at least a two car garage.
5. Constructing and placing the recreation/club house and
all amenities thereto an or before 25 lots are sold.
6. Constructing, planting and placing all landscaping at the
perimeter, entrance and within the subdivision.
7. Construct entry gates into the subdivision,
8. Meet the comments of the Fire Chief regarding parking and
the placing of signs to reflect the parking restrictions ,
9. Tile all waterways, unless a variance is applied far and
granted, and construct and supply pressurized irrigation.
14. Construct and place the parking pads as shown.
17. That the Applicant shall meet and perform all of the
requirements of the Motion passed and approved for the entire
Planned Unit Development which Motion is stated in Finding Number
23.
18. That a warranty deed for the golf course ra ert
p P Y~
included in any of the land owned or being developed by Applicant
ASHFORD GREENS MOTION Page 23
by David Turnbull, or any entity in which David Turnbull
has an
interest in, shall be delivered to the Cit on or before
Y May 16,
1996; that if such deed is not delivered on or before that dot
e
procedures to revoke all approvals of development on the ra ert
p p Y
surrounding the back nine of the golf course shall be instituted.
APPROVAL OF FINDINGS qF FACT AND CUNCLUSIQNS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW VOTED_~
COUNCILMAN BENTLEY VOTED
COUNCILMAN ROUNTRE~E VOTED / L
~~
COUNCILMAN TOLSMA VOTED
MAYOR CORRIE (TIE BREAKER) VOTED
DECISION
The Meridian City Council hereby approves and grants this
Conditional Use Application for a Planned Unit Development under
the conditions stated above in these Findings of Fact and
Conclusions of Law; that this approval is subject to all City
ordinances, except as~allawed not to be met as stated herein, but
specifically includin desi n review and lot a royal uncle
9 g p pp r the
procedures of the Subdivision and Development Ordinance.
MoT z oN
A,PPRQVED~ DISAPPRQVED:
ASHFORD GREENS MoTIDN page ~4
CaNDITIGNAL U5E PERMIT
EAST OF BLACK CAT ROAD
BETWEEN USTICK AND CHERRY LANE
MERIDIAN IDAHD
FINDINGS 4F FACT AND CGNCLUSI4NS 4F LAW
~~
The above entitled matter having come on for public hearing
March 19, 1996, at the hour of 7:34 o'clock p.m., which was tabled
and continued to April 2, 1996, but was not brought on for
consideration on that date because the Council did not have these
Findings of Fact and Conclusions of Law, the Petitioner appearing
through the projectrs engineer, Mike Wardle, the City Council of
the City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS aF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published far two ~~y consecutive weeks prior to the
said public hearing scheduled for March 19, 1996, the first
publication of which was fifteen ~15~ days prior~to said hearing;
that the matter was duly considered at the March 19 , 19 9 6 , hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
FINDINGS CF FACT AND CGNCLUSIaNS DF LAWIASHFORD GREENS #~
PAGE 1
~ ~
`~ ~.. . : ~ N~
r a + r. ~ r
''
a ~~ ~.~
, ~ ~
~
~.'~ ~'
~ . That the property is located within the City of Meridian
it is located an the east side of Black Cat Raad between Ustick and
Cherry Lane; the parcel is part of a parcel of property that was
annexed by the City aver fourteen years ago and part of a parcel
that has recently been annexed; the property is zoned R--4, Low
Density Residential.
3. The application for conditional use permit stated that
this proposal presents the first of two ~2~ medium density parcels
approved in the Ashford Green PUD ~ Planned Unit Development } , that
the land is intended to be developed rota 74 detached single family
dwellings on 15.2 acres, at a density of 4.87 dwellings per acre,
that the Applicant stated that the square footage of homes range
from 1,24 square feet and above.
4. That at the P & ~ hearing Mike Wardle testified and his
testimony is incorporated herein as if set forth in full; he
basically stated, in part, as follows:
The Application is for approval of 74 dwelling units, the
density would be 4.9 units per acres that the homes would be
detached single family dwellings with living space to the rear
and side, that there would be a recreational building, that
the roads would be private, that there would be two car
garages, that there would be parking islands that augment the
roadways, that drainage would feed into the adjacent lakes,
there would be five foot wide sidewalks but only on one side
of the road, that there would be some 0~-lot lines, [Mr. Wardle
asserted in the request for reconsideration that the concept
far the project was 4-~lot lined that street setbacks would be
met, that the house size of 1,4~a would not be met in all
cases but the City can grant waivers or accept smaller house
sizes in a planned unit development, and that the house sizes
would vary from 1,225 square feet up to 1,881.
square feet.
He further testified that they would present a
landscape plan and that the landscaping would be commonly
~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 2
maintained, that this proposed development offers the
opportunity far a life-style chaise, smaller dwellings in a
clustered configuration with open space and home owner's
association maintained common areas; that the project will be
an "enclave", surrounded an three sides by the golf course,
providing a physical and visual connection to the golf course
open space and water amenities and will fit well with the
Ashford Greens and Cherry Lane Golf Course community.
Mr. Wardle also stated that the carefully designed site
plan incorporates "patio home" architecture; that indoor views
and outdoor spaces off the patios are expanded five ~5~ feet
beyond the property line with a "use easement" to the adjacent
wall of the neighbor's home; that this development is a 15
acre parcel within the Planned Residential Community of
Ashford Greens; that it is surrounded on three sides b the
Cher Lane Golf Co 'y
f ry urse; that it f eatures small--lot single-
family homes designed for active, adult families; [Mr. Wardle
Mr. Wardle asserted in the request for reconsideration that
the "active, adult families" language was asserted b the
~ _ a~.
architect's description of the project in the conditional use a
application which the City changed that to "senior citizen
living complex.] that the houses are clustered around cul-de-
sacs and meaningful common open-space amenities; that green
belts extend throughout, the development providing pedestrian
and golf cart access.
Mr. Wardle stated at the January 9, 1996, meeting that
the homes would range from 1,225 to 1,886 square feet. Mr.
David Turnbull also stated at that meeting that 4 out of 5
homes would be 1,4Qa square feet or larger and 1 out of 5
would be smaller than 1,4Q4 square feet, down to 1,225 square
feet, but he did not state particular percentages for the
different size homes. In regards to the streets being public
or private, it was stated that initially the streets were to
be public streets but that it was Meridian{s choice. Mr.
Wardle finally stated that they were now proposing that as a
result of ACHD's input, that Meridian consider approving the
street system as a private street system.
Mike Wardle submitted a letter dated January 17, 1996,
concerning fencing, which is incorporated herein as if set
forth in full.
5. That at the City Council hearing the following, basic,
testimony was given:
Mr. Wardle testified that the parcel in the center was
approved, conceptually, for up to 8 units to the acre.
overall density of the entire project was originally approved
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 3
was 3.55 units to the acre. This parcel is submitted at a
density of 4.9 with a detached dwelling concept. The proposal
submitted to the Commission as they recommended for approval
accommodated five different dwelling units ranging from 125
square feet up to 1881 square feet. Dwellings would have lag
siding and shake roofs. He showed a technical site plan which
identified the proposed setbacks and the size of the parcels,
which typically would be 4G by 144 ar 4644 square foot. There
are only 1~ units that take frontage from the loop street that
goes through the project. Qthers are clustered an cul~de-sacs,
and some private drives which may in some cases accommodate
access for up to four units .
As we originally submitted the project it had a public
street system with streets to ACHD standard of 29 feet back to
back, that is back of curb. ACHD felt that it would be
appropriate for the loop street to be expanded to its full 5 a
foot right of way which is a 37 foot back to back standard. We
have a system with a one sidewalk system along the streets and
extensive internal circulation system that provides access the
golf course club house area and to the recreation center to be
constructed in this area. The Planning Commission actually
agreed with the sidewalk and the pathway system. But they
recommended to the Council that the roadway be public and
conform to ACHD standards and there was a caveat in their
recommendation, which was that the road be public and meet
ACHD requirements, unless ACHD allowed a variance from its
requirements. A variance has not been submitted to ACHD. Cur
proposal to you this evening is to act upon the request with
the stipulation that we be allowed to da private streets
unless ACHD grants a variance. ~Mr. Wardle asserted in the
request for reconsideration that the word "public" should be
changed to "private" when the Findings of Fact discusses the
street.l
He submitted some photographs that showed existing public
streets with a street Z9 foot back to back street section,
which is what we propose here and there is still room for
parking. There is a provision for islands and gated entry at
bath ends of the project. The project provides enclaves for
the residences rather than lining up streets with garages
frontages . There is a signif icant amount of open space, l9 ~ of
the area in fact is and would be ely awned and
maintained open space. The project wit public streets would
also have the necessary funding mecha et up in the
bylaws, covenants and restrictions far operation and
maintenance of the roadway system.
The change in findings and conclusions we requests
[changed] is as follows:
FINDINGS CF FACT AND CaNCLUSICNS DF LAWIASHFCRD GREENS #2
PAGE 4
T 1 - - -
t ~:. ~ ~
i }
No. 1, be modified to state that the road shall be
private, but shall meet ACHD construction standards. And
then the same terminology unless ACHD allows a variance
from its public street requirement City.
No. 2, be modified to state that all setback and
yard requirements shall be in conformance with standards
submitted in the project application and detailed in the
technical site plan.
No. 3, not be changed.
No. 4, regarding set backs that they be changed to
require a 25~ reduction, and not 20~.
No. 5, regarding sidewalks, that it be changed to
state that street sidewalks and internal pathway systems
be in accordance with the technical site plan and
preliminary plat.
Mr. Wardle showed a tissue overlay that showed the
way they would add entrance islands with no change on the lots
at one end but change to~the private driveway access on the
other end. He stated they have a preliminary plat modification
that shows the change. In conclusion Mr. Mayor in as much as
the Planning Commission recommended approval of the
conditional use permit and the preliminary plat and did
extensively discuss it.
In concluding, he discussed private versus public
streets, and stated the only way to accommodate a private
street system is the inclusion of these entry facilities for
gating purposes we would ask that the Council proceed to
approve the conditional use permit to modify the findings and
conclusions that would allow private street and make these
other modifications.
6. Discussion was had at the hearing with Mr. Wardle and
with Mr. Turnbull, which is incorporated herein as if set forth in
full, and related to the size of the lots; Mr. Wardle stated that
P & z had approved 4,60 square foot lots and approved a waiver of
the R~-4 requirementsr Mr. Turnbull then stated that they had
prepared f~.ve house plans ranging from 1,204 to 1,800 square feet
and stated that Conmlissianer Hepper talked about a 25~ restriction
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 5
on the homes under 1, 4 a 4 square feet and that he, Mr . Turnbull , did
not desire to limit his options.
He also testified that he would anticipate that there would be
same masonry, probably not stucco but would prefer the lap siding
for dimensional character, brick or stone; that the testimony
before the Planning and Zoning Commission stated the sizes; that
Commissioner Hepper did talk about something like a 25~ restriction
on the homes under 1,404 square feet; that the Applicant's
testimony at that point was simply that they didn't necessarily
want to limit options for empty nest professionals; that
Applicant's experience would be that it would probably be less than
the 2 5 ~ and that only one of the five plans falls under that 1, 4 D 0
square foot levels that a conditional use conceptual approval of S
units per acre was approved and that it is now down to less than 5
units per acre. However, the Mixed Density parcels were only
conceptually approved,
7. Mr. Marrow asked Shari Stiles if all her conditions and
concerns were met through the P & Z process and she stated that she
did not know if they had submitted things on the architectural
style and building design. She stated in response to the question
that she could not definitely say that all the items of frontages,
roadway requirements, sidewalks, and the deed to the golf course
property had not been addressed and perhaps Mr. Wardle could
expound an whether the City had received the architectural style,
building design, building materials and color. She also stated
that the City had not received the landscaping plan and one of the
FINDINGS of FACT .AND CCNCLUSICNS of LAWIASHFCRD GREENS #2
PAGE 5
Findings on the initial application related to prior Mayor
Ringsf ord being adamant that Interlachen connect to Dawson Drive.
Mr. Wardle testified that Interlachen Drive did not relate to this
parcel.
8. That the owner of record is Brighton Corporation/Boise
Research Center, Inc.; that it is stated in the proposal that the
density would be 4.87 dwellings units per acre, there would be
public streets with a waiver of the requirement of sidewalks on
both sides of the street, there would be streets of Z9 feet back--
to-back, private access drives for some parcels, a waiver of set-
back provisions is requested, dwellings would be from 1,ZQQ square
feet and above, and zera-lot--line development was desired; that at .
the public hearing the Applicant's representative stated that the
main loop road is only 45 feet in comparison to ACHD's 54 foot
section; that the initial application stated that the streets would
be public, which was changed during the proceedings on the
A lication that the were oin to b ublic=~ if the C't
PP Y g g p ~ l Y
consented.
9. Under 11-~2~-4Q9 ZoNINC SCHEDULE ~F USE CCNTRaL, A, a
Planned Development Residential BPD-R} requires a conditianal use
permit; that a conditianal use permit was applied for but anly
conceptually approved for the medium density development to be
developed as a planned unit development . ~ See the Finding ~~ . below
dealing with this approval.}
1Q. That the Assistant to the City Engineer, Bruce
Freckletan, submitted comments; that any existing irrigation and
FINDINGS QF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 7
drainage ditches cros9ing the property shall be tiledr that any
existing domestic wells and/ar septic systems within this project
will have to be removed from their domestic service per City
Ordinance, but wells may be used for non-domestic purposes such as
landscape irrigativn~ that a master street drainage plan be
submitted, including the method of disposal and approval from the
Ada County Highway District and the affected irrigation drainage
districts~s~; that determination of the seasonal high groundwater
elevation and profile of the subsurface soil conditions, shall be
prepared by a qualif ied Engineer or soil scientists; that a copy of
the proposed restrictive covenants andfor deed restrictions be
submitted by review; that 5 foot wide sidewalks shall be provided
in accordance with City Ordinance; that water service to this
development is contingent upon positive results from a hydraulic
analysis by the City's computer model; and that placement of the
fire hydrants be coordinated with the City of Meridian's Water
Works Superintendent.
That Mr. Freckletan submitted site specific comments which are
as follows
a. That the sanitary sewer service and water service to this
site will be via ~an extension of proposed sewer gains to be
installed as part of the Ashford Greens Development; that the
Applicant will be responsible ,to construct;
b. That loD watt high pressure sodium street lights will be
required at locations designated by the Meridian public Works
Department; that all street lights shall be installed at
subdivider's expense;
c. That the Meridian Fire Department and Meridian School
District need to review and approve of the travel Way widths;
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 8
that as an absolute minimum, "No Parking" signs should be
pasted along one side of the street;
d. That the Applicant shall provide a statement as to who
the ownership, and operation and maintenance of the
pressurized irrigation system will be, and;
e. That Hubble Engineering shall submit lot closurelarea
calculations for all lots within this development for the
verification of minimum square footage standards.
11. That comments were submitted by Shari Stiles, Planning
and zoning Administrator, stating that it is common in a Planned
Unit Development that exceptions can be made by Council to district
regulations when they are desirable to achieve the objectives of
the proposed planned development; that to be consistent, this
project should either be held to the same requirements as required
for with the Highlands project and The Lake at Cherry Lane Nos. 5
& 6, which were not allowed housing sizes less than 1,4x0 square
feet, or the other projects should be allowed to have housing sizes
of less than 1,44 square feet; that other variances/exceptions
that would need to be approved to grant this conditional use permit
in an R-4 zone as presented, would be of the following:
1. Minimum lot sizes
~. Frontages
3. Minimum roadway widths/private drivesflots not fronting
on roadway
4. Parking areas closer than 4' from road right-of-way;
depths less than ordinance requires
5. Ditches remaining open
G. Provision of 5' ~-idewalks on each side of roadway in
accordance with City Ordinance Section 11-9-~606.B.
7. Front and side yard setbacks ~5' per story on side}
Mrs. Stiles additionally commented that the Applicant shall
submit the following additional information:
FINDINGS OF FACT AND CONCLUSIDNS OF LAWIASHFORD GREENS #2
PAGE 9
1. A colored rendering of adequate scale to show the
completed development that will include at least the
following items:
a. Architectural style and building design;
b. Building materials and color;
c. Landscaping his submittal showing actual ar
conceptual landscaping? Sizes and species need to
be detailed;
d. Screening;
e. Garbage areas for to be provided by each individual
homeowner?~;
f. Parking ~showny; and
g. Cpen space shown}
Z. That an Ada County Street Name Committee approval needs
to be obtained and the numbering of lots and blocks,
needs~to be approved.
3. That a plan for the connection of Interlachen to Dawson
Drive and the clubhouse connection be submitted
4. Golf Course property deeded to the City in a manner
acceptable to Council prior to final plat approval.
5. Proposed restrictive covenants and deed restrictions
submitted.
6. Approval of the Ada County Highway District Technical
Review Committee.
7. Master street drainage plan submitted.
8. Indicate the minimum house sizes on the plat.
9. Pressurized irrigation, fire hydrants and street lights
shown on the plat.
l~. That the Meridian Fire Chief commented; he stated that
all common areas will need to be kept clean of trash and weeds; all
street name signs need to be up and in place before building is
started; that he does not like the private drives because there
will be vehicles parked on the private drives; that there can be
"No Parking" in the cul-de~sacs and there needs to be "No Parking"
signs posted; that he does not like the narrow streets; that there
can be "No Parking" on both sides of the street and he questioned
who could enforce this; and he attached a document on Water Fire
Flow.
FINDINGS of FACT AND CONCLUSIONS CF LAWIASHF4RD GREENS #2
PAGE 10
13. That the Meridian School District commented that it had
a problem with the amount of students that would be generated by
this development; that a school site was needed in this section,
and the cost to the District for educating them asking for help in
dealing with the impact~of growth on schools; the Central District
Health Department commented that high ground water has been
observed at less than six feet below grade at this proposed
project; that Nampa & Meridian Irrigation District commented that
all laterals and waste ways must be protected and that municipal
surf ace drainage must be retained on site; that Idaho Power Company
commented that a permanent 10 foot wide public utilities easement
along all lots adjacent to the road right--af--way be dedicated to
public ar private use; that all of the above comments are
incorporated herein as if set forth in full.
14. That Section 11-~~-409 A lists Planned Residential
Developments as a conditional use in the R-4 2aner that the
Subdivision and Development Ordinance speaks to planned unit
developments in 11-9-b47 and such is incorporated herein as if set
forth in full; that section 11-9-607 E states as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
this Section. A PD shall be governed by the regulations of
the district ar districts in which said PD is located. The
approval of the Final Development Plan for a PD may provide
for such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this section.";
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS ~2
PAGE 11
15. That Section 11-9-60? G. 8. also provides that all
Planned Developments shall be subject to design review by the City
staff and Council; that 11-9-607 E states that a PD shall be
allowed only as a Conditional Use in each district, shall be
governed by the regulations of the district in which it is located,
that a PD may provide for such exceptions from the district
regulations governing use, density, area, bulk, parking, sign, and
other regulations as may be desirable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with the
standards and criteria contained in this Section; Section llw9-60?
D. states that the developer shall provide the Council with a
colored rendering of adequate scale to show the completed
development that will include at least the architectural style and
building design, building materials and color, landscaping,
screening, garbage area, parking, and open space.
That Section 11--9-60? F 3. states that the owner's Association
Bylaws, and other similar deed restrictions, shall meet with the
approval of the Council; that Applicant has not submitted bylaws or
covenants, conditions and restrictions to the City,
16. That the property is zoned R-4 Residential which is
described in the Zoning Drdinance, l1-2-408 E. 3. as follows:
~R-4~ LQW DENSITY RESIDENTIAL DISTRICT: The purpose of
the ~R-~4} District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has, or
is likely to occur in accord with the Comprehensive Plan
or the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The ~R-4} District allows for a
maximum of four ~ 4 } dwellings units per acre and requires
FINDINGS aF FACT AND CCNCLUSIGNS aF LAWIASgFaRD GREENS #2
PAGE 12
connection to the Municipal Water and Sewer systems of
the City of Meridian.
That the R--4 zoning district requires a minimum of 1,400
square feet to be included in houses in that zone.
17. That Section 11-x--411 B states as follows:
"All new residential housing developments in the City of
Meridian shall be designed to insure compatibility with
adjacent existing and/or proposed developments.";
that regarding the conditional use finding that must be addressed
pursuant to 11~2~-418 C 3., as to the harmony of the project to the
general vicinity, it is concluded that the harmony must be with the
general vicinity, which is the entire golf course area, including
Cherry Lane Subdivision, The Lake at Cherry Lane and Golf View
Estates• that b makin this r T ~~
~ y g p oposed subdivision fvr a senior
c~.tizen lw~.ng cam lex does not remove the conditional
P use
requirement that the proposed use be harmonious with the general
vicinity.
18. That any comments from the Ada County Highway District
not yet received will be incorporated as if set forth in full.
19. That sewer and water is available to the property and is
required.
24. That Larry Sale, from the Ada County Highway District,
commented during the Ashford Greens conditional use process,
regarding the linkage between Interlachen Way and Dawson Lane; he
did not desire Interlachen Way to connect to this development,
stating that Interlachen was only a connector road from Cherry Lane
to where it ends now and should not be continued as a collector.
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 13
~ 1. That 11-2--410 A requires the following yard setbacks when
there is a single-family structure and the house is on a local
road:
Minimum front yard set--back 2 0 feet
Minimum rear yard set-back 15 feet
Minimum side yard set-back 5 feet per storyr
requires the fallowing minimum lot sizes:
Lots in the R-4 District
Lots in th R-15istrict
8,000 square feet
2,400 square feet/per
dwelling unit;
and requires the fallowing minimum street frontage far each zone,
to wit:
Lots in the R- District 80 feet
Lots in th -~ 15 District 5 0 f eet . j 5 to 15 ~
jMr. War a requested that ,the Rwl5 designation be
completely excluded since the property is R-4. This was
not done because it is only a listing of what the
ardinanc a says the R--15 requirements are . ~ ~. ~ '
~~» That the City Council previously adopted a motion
approving the residential concept plan for Ashford Greens Planned
Development ~ which plan included the concept of this medium density
area; that the oration of approval stated, in part, pertaining to
this medium density parcel, as follows, to wit:
"That the Meridian City Council hereby accepts the
recommendation of ,the Meridian Planning and Zoning Commission
as supported by the Findings of Facts and Conclusions of Law
adopted 12--~-94 and approves the Ashford Greens Planned
Development Residential Concept Plan . . subject to the
fallowing conditions:
1. The maximum gross density concept of the entire project
represented to be 3.59 units per acre X444 units is
approved.
jMr. Wardle requested that the
numbering be changed because it was
confusing. Since it is from a
~-l~
~~~E
~-1~
iQ~~
FINDINGS .OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 14
quotation the numbering cannot be
changed.]
5. The City reserves the right to place appropriate
conditions on the single family lots and areas in
accordance with ordinance requirements, for the
following, including but not limited ta: streets,
pedestrian walkways, planting and reserve strips, public
sites and open spaces, lineal open space corridors,
pedestrian and bake pathways, piping of ditches,
pressurized irrigation, access, Barking, paving,
striping, utilities, landscaping, screening, drainage,
and so forth, including provisions for golf cart and
pedestrian access to the' club house from the existing .
subdivisions.
7. The concept of "medium density" parcels is approved,
conceptually only. [ It is noted that the Site Plan showed
the Rear Yard set back as being ~0 f t i
requested that it be l5 feet.]
c ~ ~
~ . The maxunum gross density of the "m densit " paace s
shall not exceed ,~8 units per acre.
~. Prior to any development of the medium density parcels,
the developer shall submit a detailed application and
site plan far review and approval by the Planning and
Zoning Commission and the City Council.
1D. The ,City reserves the right to place appropriate
conditions on the medium density areas in accordance with
Ordinance requirements for the following, including but
not limited to: streets, pedestrian walkways, planting
and reserve strips,, public sites and open spaces, lineal
open space corridors, pedestrian land bike pathways,
piping of ditches, pressurized irrigation, access,
parking, paving, striping, utilities, landscaping,
screening, drainage, and so forth, including provisions
for golf cart and pedestrian access to the club hawse
from the existing subdivisions.
ll. The applicant shall work with City staff and ACgD to
address the connection of Interlachen to Dawson Drive.
Said connection, if required, shall be designed to
minimize speed and shall be included in any consideration
for development of the medium ~ density parcel, shown as
Lot 5, Block Z2 .r Upon approval of the connection by the
City, the applicant shall provide a revised overall
Master P1anlPreliminary Plat incorporating that revision.
1Z. S.ection 11--9-6~7 G. 8, provides that all Planned
Developments shall be subject to design review by the
ASHFORD GREENS MOTION Page 15
~7~ ~~2ter~ P~
City staff and Council and therefore this section is
required to be met.
13.
Section 11--9--6.Q7 D, PROCEDURES FDR PLANNED DEVELOPMENT,
states:
"All applicants shall follow the procedures as provided
in Section 9-~6Q4 of this Ordinance, PROCEDURES FOR
SUBDIVISION APPR4'~AL. In addition, the developer shall
provide the Council with a colored rendering of adequate
scale to show the completed development that will include
at least the following:
1. Architectural style
Z. Building materials
3. Landscaping;
4. Screening;
5. Garbage areas;
6. Parking; and
7 , Open space . "
14.
and building design;
and color;
The Applicant has not submitted this rendering. As a
condition of this concept approval, this Section shall be
met by the Applicant for the medium density parcels.
Section 11--9607 E, MoDIFICATIaN OF DISTRICT REGULATIONS,
states:
"A PD shall be governed by the regulations of the
district or districts in which said PD is located.
The approval of the Final Development Plan for a PD
may provide for such exceptions from the district
regulations governing use, density, area, bulk,
parking, signs, and other regulations as may be
desirable to achieve the objectives of the proposed
PD, provided such exceptions are consistent with
the standards and criteria contained in this
Section."
Since the property is in an R~-4 district, the Applicant
and the City shall be guided by the R--4 requirements.
The density of the entire project is within the faun
units per acre requirement of the R~4 district even
though there is a medium density provision in the
development of the entire area. The other requirements
of the R~4 district may be varied to meet the objectives
of this proposed planned development, as long as they are
desireable. A detailed development plan for the medium
density and a new preliminary plat of the single family
layout is necessary so that they can be reviewed to
determine if the exceptions to the R~4 requirements are
desireab'le.
ASHFORD GREENS MOTION Page 16
r
15. site plan far the medium density parcels shall be
reviewed and approval by the Planning and Zoning
Commission and the City Council, meeting all required
procedures.
16. the Applicant deed the gulf course property,
included as part of the residential planned development
immediately, to the City,
Z~. That proper notice has been given as required by law and
all procedures before the Meridian City Council have been given and
followed.
24. That there was no testimony objecting to the application.
Z5, That any and all Applications, maps, drawings, documents,
testimony, and statements, made by Applicant or its representatives
at public hearings or meetings, and all other items, writings, and
documents made or given as a part of this Application, are
incorporated herein as if set forth in full.
Z6. That the Applicant filed a request far reconsideration
which was heard on June 18, 1996; that Applicant's representative,
Mike Wardle, testified; he stated that he believed that the intent
of the Council was to approve the Application as submittedt Mr.
Wardle submitted a letter dated April 26, 1996, which was received
by the City on April 29, 1996; that April 26, 1996, letter is
incorporated herein as if set forth in full the letter states
requested changes to the Findings of Fact and Conclusions of laver
that many of the requested changes ar comments were as fallow
follows:
1. That the entire project is based on a zero-lot line
concept ,
Z. That it is not a "senior citizen living complex", which
was referred to in the Conditional Use Applicatian,'but
is "an adult-oriented lifestyle" use .
ASHFORD GREENS MaT2~N ~ ~ ~~~ ~]~~~ Fa l ?
g
L~11(htls CP~1~(PLt~'.~~
f ~;
~:.
-.,
3 . The word "public" needs to be chap t '" ivate "fit w __
ref erring to the streets. ~ ~ ~~'~ ~' ,~ ,~ ~ ,~
~ ~ ~~
4 . References to specific requirem is far R-l5~lots mshould
be deleted.
5. Delete, "if allowed by ACRD", because the streets are ,/
private.
6. That lots are typically 46 feet wide, but as the
Technical Site Plan and preliminary plat show, many of
the lots having direct access to a street do not have 46
feet of frontage. That Applicant desired the following
language: "Street frontages shall be in accordance with -~
those depicted on the approved Technical Site Plan and
Preliminary Plat."
7. That Ashf ord ~ is designed as a zerv~lot-line project and
the Technical Site Plan clearly identifies the setbacks
and yard requirements necessary to achieve the desired
goal, That Applicant desired a complete replacement of
paragraph 4 in paragraph 10 of the Conclusions , on pa e ,~
g
19 and set forth what Applicant's desired requirements
should be. [It is noted that the Site Plan showed the
Rear Yard set back as being 2Q feet but it is now -~
requested that it be 15 feet . ~ ~.~"LE~ .~.
8. That relating to Interlachen Wa ara rah 15 of ~~LL~
y P g 'p
paragraph 10 an pa e 2 n be chap ed tv not re uire that it = ~~' ~
g g q
be shown how Interlachen Way and Dawson Drive will° ~~'~~
connect: ~fl~~~~
9 .. That "Plannin and Zonin Conuni.ssion" should be ch ~ ~~
g g anged
in paragraph 13 on Page Z1.
10. That paragraph l3 c. on pages Z1 and 2~ of the
Conclusions should be changed in that the Applicant did
state at the public hearings that the development would ~
be harmonious in design and construction with the general
vicinity, that the density for Ashford ~ would be 4.9
units to the acre, and, again, that the entire project is
designed to be 0~-lot line.
CCNCZU5I4NS
1. That all the procedural requirements of the Local
Planning Act and of the ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 30Q feet of the external boundaries of the Applicant's
property.
~. That the City of Meridian has authority to grant
conditional uses pursuant to 57~-651Z, Idaho Code, and, pursuant to
11-~-~418 of the Revised and Compiled ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions an a conditional use permit and the use of the property
pursuant to 67--fi512, Id~ahv_ C de, and pursuant to 11-Z-~418 D of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
ASHFORD GREENS MOTION Page 18
~ - ~ ~~ ~
~.
4. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
5. That Section 11-2-449 A lists Planned Residential
Developments as a conditional use in the R-4 District.
6. That the Subdivision and Development ordinance speaks to
planned unit developments in 11-9--6x7 and such has been
incorporated herein as if set f arch in full.
7. That Section 11-9-607 E states that a PD shall be allowed
only as a Conditional Use in each district, subject to the
standards and procedures set forth in section l1-~9--64?; that a PD
shall be governed by the regulations of the district or districts
in which said PD is located; the approval far a PD may provide for
such exceptions from the district regulations governing use,
density, area, bulk, parking, signs, and other regulations as may
be desireable to achieve the objectives of the proposed PD,
provided such exceptions are consistent with the standards and
criteria contained in this section. It is therefore concluded that
this Application for a Planned Unit Development should be approved
under the conditions and requirements stated herein.
$, That Section 11-~9-~6D7 G. 8, provides that all Planned
Developments shall be subject tv design review by the City staff
and Council that it is concluded that the above section shall be
a requirement and Applicant required to comply with it.
9. That it is concluded that the Applicant shall be required
to meet, and comply with, the requirements of Bruce Freckleton,
Assistant to the City Engineer, and Shari Stiles, City Planning and
Zoning Administrator.
10. That it is concluded the City reserves the right to place
appropriate conditions on this medium density application, in
accordance with Ordinance requirements, and the City has the right
and duty to place conditions when the application is for a
conditional use; it is further concluded that if Applicant obtains
approval from Shari Stiles, the Planning and Zoning Administrator
andlor from Bruce Freckleton, Assistant to the City Engineer, it
may receive the fallowing changes to the ordinance requirements, to
wit:
1. That the streets may be private but shall be constructed
to meet ACHD construction standards and requirements) if
the streets are private they must be ~9 feet back-to-back
and if they are public they must meet ACRD standards and
requirements if the streets are private that the
.A.pplicant shall establish, in the Covenants, Conditions
and Restriction's ACC & R's j , a means of collecting, each
year, a depreciation fund sufficient to build a fund to
maintain the streets at any and all times of the year
such maintenance is required and to totally reconstruct
them in twenty ~2p~ years.
2. That 5 foot sidewalks may be constructed only on one side
of the raadwa " . if allowed b ACHD • " deleted. ~~
y ~ Y ~ ]r
Applicant shall place and construct the internal
ASHFDRD GREENS MOTION Page 19
~,
pedestrian system represented; and the Applicant shall
establish, in the CC & R's, a means of collecting, each
year, a depreciation fund sufficient to build a fund to
maintain the sidewalks at any and all times of the year
such maintenance is required, and to totally reconstruct
them in thirty ~3D~ years.
3. That street frontage of 46 feet is allowed for all lots
and all lots having direct access to a street must have
that amount of frontage; that for those lots that do not
have direct access to a street and have access by means
of an easement, the street frontages shall be in
accordance with those depicted on the approved Technical
Site Plan and Preliminary Plat. CThis was changed,
basically, to meet the suggested Change by the
Applicant. ~
4. That setbacks shall be in accordance with the Development
Standards listed on the approved Technical Site Plan, to
wat;
Front Yard - Front-on
Side-on Garage
Livable Area
Side Yard - Interior
Corner Lats, adjacent
Corner Lots, adjacent
Garage ZD~
15'
15'
Gots 5
to street 15'
to driveway lp'
Rear Yard l5 '
Minimum Building Separation 10~
Minimum Building Height 35~
5. That the minimum lot size required in the R-4 District,
of B,DOD square feet, need not be met for all homes
because this is a planned unit development, but the lot
sizes shall not be smaller than 4,640 square feet.
6, That no more than T4 lots shall be allowed in the
development of the parcel and the density shall not be
more than 4.87 dwelling units per acre.
7. There must be parking pods, as shown on the submitted
plats and drawings, only for guests, scattered throughout
the subdivision and there shall be signs placed showing
that they are for guests only and a means of enforcing
that requirement in the CC & R's must be established and
adopted.
8. That the minimum lot size required in the R-4 Distract,
of 8,040 square feet, need not be met for all homes
DK
oK
ASHFORD GREENS MaTIGN Page ZO
because this is a planned unit development, but the lot
sizes shall not be smaller than as shown an the
preliminary plat submitted for approval along with this
application for a conditional use.
9. That only one-fifth of the homes constructed may be less
than 1,400 square feet, but there shall be no homes
smaller than 1,25 square feet; that all other homes must
be 1,400 square feet or larger, as represented.
10. That the club house/recreation center represented to be
in the subdivision must be constructed; that it must be
constructed on or before the first twenty-five lots are
sold. That the parking areas for the club
house/recreation center may be closer than 4' from road
right-of ~-way.
11. That both street entries into the subdivision shall be
gated.
12. That the residents should be "seniors" as re resented an
P d ~~_ .
all laws, federal or state, pertaining to a senior
citizens residential area must be met.
13. That only singl e-family detached homes ma be
y
constructed.
14. That Applicant shall present CC & R's to the City showin
g
compliance with the terms of these Findings and
Conclusions, but the City of Meridian shall not enforce
them but compliance must be shown
15. That it must be shown how Interlachen and Dawson Drive
will connect; that it need not be shaven on a plat far
this subdivision but it must be shown prior to submittal
of any additional development application involved in
Ashford Greens. [This Conclusion is not changed or
~~ '~Q
madifa.ed since it the Applicant has not addressed the
~~~
~ ~
uestion and
q .lt ~s concluded that it is a matter that ~
~
~~
must be addresse
d for any development in Ashford Greens
- ~
~ ~~
and that it must be resented.
P ~ •
11. That the Applicant and its agents made re resentations
P ~
~ ~,
regarding the Application and the development of the pro ert to
P Y
achieve approval of the Application, or parts thereof, man of
y
which are in these Findings and Conclusions, but all of which are
in the record and have been, or are hereby, incorporated herein•
r
ASHFORD GREENS MGT2DN Page 21
that all representations made and the requirements of these
Findings of Fact and Conclusions of Law, shall be met; that if the
above are not met the approvals made shall he subject to
cancellation and the property subject to de-annexation.
12. That all ordinances of the City of Meridian shall be met,
including but not limited to, the Zoning Ordinance and the
Subdivision and Development ordinance, both as modified by Section
11~-9-5~7 of the Subdivision and Develo went ordinance and the
P ~
Uniform Building Cade, Uniform Fire Code, Uniform Plumbing Code,
Uniform Electrical Code, the Fire and Life Safety Code, and all
parking and landscaping requirements.
l3. That 11-2-418 C of the Revised and Campilea ordinances of
the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the City Council [Planning and Zoning
Commission was deleted.] concludes as follows:
a. The Planned Development use, would in fact,
constitute a conditional use and a conditional use permit
is required by ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance and
the Subdivision and Development Ordinance require a
conditional use permit to allow the use.
c. The Applicant did not specifically state that the
development would be designed and constructed to be
harmonious in appearance with the intended character of
the general vicinity, which is the Cherry Lane Village
Subdivision, The Lake at Cherry Lane, and Golf View
Estates; Applicant did, however, state that the character
of the homes would comport to existing homes, that they
~~
ASHFORD GREENS MGTION Page 22
would have only detached single-family dwellings, twa-~car
garages, gross density would be 4.9 units to the acre,
same 0-lot line development, shake roofs, and discussed
the square foatages of some of the proposed homes.
CThat Applicant in its request for consideration
did state that it had represented that its density
would be 4,9 units per acre, which it did and that
has been put into the Conclusions.
It further requested that the Conclusions be
changed to reflect that it stated that "development
would be harmonious in design and construction with
the general vicinity". That all of the minutes of
the Planning and Zoning hearing and meetings were
not checked, but it is concluded that the record
was checked at the time of the initial preparation
of the Findings of Facts and Conclusions of Law for
that representation and that representation was not
noted, Since the Applicant's Application has been
approved it is r e laded that that
representation i of material
It is further conc u e that the Applicant did
not specifically state that the entire project was
a 0--lot line project and that was not represented
an the site plan, preliminary plat, and was not
specifically stated. That such representation was
not made to the Planning and Zoning Co~unission or
the City Council is the recollection of the
Planning and Zoning Administrator and the City
Attorney. However, it is further concluded that
since the Applicant's project is now approved as an
entire 0--lot line project, whether Applicant, or
its representative's, specifically represented
whether or n ' ect was an entire 0--lat line
project is immaterial.
d, That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available
and, such, will have to be installed and connected by the
Applicant.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental, to person, property or the general welfare
by reason of excessive production of traffic or noise.
ASHFORD GREENS MCTIaN page ~~
h. That sufficient parking for the property and the
proposed use will be required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
14. That regarding the conditional use finding that must be
addressed pursuant to 11-~-418 C 3. as tv the harmony of the
project to the general vicinity, it is concluded that the harmony
must be with the general vicinity, which is the entire golf course
area, including~Cherry Lane Subdivision, Golf view, The Lake at
Cherry Lane and Golf View Estates; that by making this proposed
subdivision for a senior citizen living complex does not remove the
conditional use requirement that the proposed use be harmonious
with the general vicinity.
15. That the representations made by Applicant, or its
agents , have been filed with the City or stated at the meetings and
public hearings, and such are incorporated herein as if set forth
in full; that if Applicant does not comply with those
representations the approvals given to the Applicant and the
property shall be subject to revocation and the property subject to
de~-annexation .
16. That the representations made by Applicant, or its
agents, and the requirements of the Ordinances of the City of
Meridian shall be met and complied with, these representations and
requirements include, but are not limited to, the following:
1, All Ordinances of the City, except which are allowed not
to be complied with herein.
2. Meeting the requirements of City Staff.
3. Meeting all of Applicantrs representations regarding
development, included in the testimony, the applications,
ASHFORD GREENS MOTION Page Z4
in, or on, the plats and drawings, or in any way made a
part of the application.
4. Construction of not more than one-fifth of the homes in
the subdivision at l , 2 2 5 square feet to 1, 4 0 0 square feet
single story homes all other homes shall be 1.404 square
feet or larger; all homes, regardless of their size,
shall have at least a two car garage.
5. Constructing and placing the recreation/club house and
all amenities thereto vn or before 25 lots are sold.
6. Constructing, planting and placing all landscapin at th
perimeter, entrance and within the subdiv' ' n.:
7. Construct entry gates into the subdivisio ~'~ ' a ~ ~ ~ ~ ~ ~r
8. Meet the comments of the Fire Chief regarding p '
the placing of signs to ref lect the parking restrictions .
9. Tile all, waterways, unless a variance is applied far and
granted, and construct and supply pressurized irrigation.
14. Construct and place the parking pods as shown.
17. That the Applicant shall meet and perform all of the
requirements of the Motion passed and approved for the entire
Planned Unit Development which~Motion is stated in Finding Number
~~.
18. That a warranty deed for the golf course propert , .
Y
included in any of the land owned or being developed b A licant
Y pP -
by David Turnbull, or any entity in which David Turnbull has an
interest in, shall be delivered to the City on or before Ma 16
Y -
1996; that if such deed is not delivered on or before that date
procedures to revoke all approvals of development on the propert
Y
surrounding the back name of the golf course shall be instituted.
ASHFORD GREENS MOTION Page 25
r• ~.
~~ ~~
APPROVAL (~F FINDINGS CF FACT An CONCLU3IQN5
' The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL '
COUNCILMAN MORROW ~ VOTED
COUNCILMAN BENTLEY ~ VOTED
COUNCILMAN RflUNTREE VOTED
COUNCILMAN TaLSMA VOTED
,...~.~
MAYOR CORRIE (TIE BREAKER} VOTED
DECISION
The Meridian City Caunci~l hereby approves and grants this ,
Conditional Use Application far a Planned Unit Development under
the conditions stated above in these Findings of Fact and
Canclusions of Law; that this approval is subject to all Cit
Y
Ordinances, except as allowed not to be met as stated herein, but
specifically including design review and plat approval under the
procedures of the Subdivision and Devela went Ordinance.
P
~oTZON:
APPROVED: DISAPPROVED: '
.~.~..
ASHFORD GREENS MOTION page 2~
1' ( .:
t d
ORDINANCE N0. 73,/
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 1, CHAPTER 7,
~--G ,~ OF THE REVISED AND ,COMPETED ORDINANCES OF THE CITY OF
MERIDIAN BY THE OFjQNEW SECTION TO BE KNOWN AS SECTION l-
707 TO SET FORTH AND ESTABLISH A COMMISSIONER FOR EACH DF THE
FOLLOWING CITY DEPARTMENTS; POLICE, FIRE, PARKS AND RECREATION,
PUBLIC WORKS AND ANY OTHERS DEEMED NECESSARY BY THE CITY COUNCIL;
ESTABLISHING DUTIES; ESTABLISHING THE TERM OF OFFICE OF EACH
COMMISSIONER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 50-701, Idaho Code, states that the
legislative authority of each City in the State of Idaho shall be
vested in a council and that such council shall have such powers
and duties as are now or may hereafter be provided under the
general laws of the State of Idaho.
WHEREAS, Section 1-701, of the Revised and Compiled Ordinances
of the City of Meridian, states that the members of the City
Council, the legislative and policy making branch of the government
of the City of Meridian, shall attend all meetings of the Council,
unless lawfully excused, and perform all duties by the nature of
their office they should reasonably perform, such as passing of
ordinances, resolutions, and overseeing of improvements and work
done for the City.
WHEREAS, Section 50-705, Idaha Code, states that the City
Council shall examine the accounts and doings of all officers or
other persons having the care, management or disposition of moneys,
property nor business of the City, and Sections 50-1002, 50-1003,
50-1005 and 54~-1006, Idaho Code, state that the City Council shall
budget, appropriate, assess and expend the revenue and funds of the
City.
MERIDIAN ORDINANCE 1-707 Page - 1
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the City to amend Title 1, Chapter 7, of the Revised
and Compiled Ordinances of the City of Meridian, by amending that
Title and Chapter, to add a new Section thereto to set forth and
establish a City Councilman as the Commissioner of each of the
Departments of the City, those being the Police, Fire, Parks and
Recreation, Public Works Departments, and any other future
Departments created by the City. Each assigned Commissioner have
the duties and obligations as set forth in SECTION l below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY DF MERIDIAN, ADA COUNTY, IDAHO:
SECTION l: That Title 1, Chapter 7, CITY COUNCIL, is
hereby amended to add and enact Section 1-707, which shall read as
follows:
1-707: ASSIGNMENT OF DEPARTMENT COMMISSIONER FOR EACH OF THE
FOLLOWING CITY DEPARTMENTS: POLICE, FIRE, PARRS .AND
RECREATION, PUBLIC WORKS, AND OTHER FUTURE DEPARTMENTSr
DUTIES; AND TERM.
A. The President of the City Council shall nominate and
the City Council shall confirm, by majority vole with the
President of the City Council abstaining from voting, a
City Councilman to be assigned as the Commissioner of
each of the following City Departments, tv wit: Police,
Fire, Parks and Recreation, Public Works Departments, and
such other City Departments created by the City Council
in the futures the City Councilman nominated to be
assigned the Commissioner of a City Department shall have
MERIDIAN ORDINANCE 1-?07 Page - Z
the right to vote to approve or reject his nomination,
unless the President of the City Council nominates
himself to be the Commissioner of the Department, in
which case the Council President shall still have no
vote, as above stated; if the Councilman nominated to be
assigned as Commissioner of a Department is rejected by
the vote, the Council President shall assign another
Councilman to be that Department's COMMISSIONER; if the
City Council, other than the President of the City
Council, approves and confirms the nominated City
Councilman be that Department's Commissioner he shall
serve and perform as that Department's Commissioner far
the term set forth below.
B. It shall be the duty of each Department's
Commissioner to act as a liaison officer between the City
Council and that Department, to communicate the desires
and interests of the City Council to that Department, and
vice versus, from the Department to the Council, all as
they shall deem to be in the best interests of the
Department and the City of Meridian. It shall also be
the duty of each Commissioner a ~ to sign purchase orders,
b~ to assist his Department to process and develop a
budget for the ensuing fiscal year, c~ to audit on a
monthly basis, as best he can, the status of the current
budget of his Department, d~ to approve budgetary
transfers within his Department's budget which are not in
MERIDIAN DRDIN~NCE 1-747 Page - 3'
excess of FIVE HUNDRED DOLLARS ~ ~5DD, DD ~ , e ~ to bring to
the Council for approval by majority vote all budgetary
transfers within his Department's budget in excess of
FIVE HUNDRED DOLLARS 4$SOO.DO~ and all budgetary
transfers which are proposed to be made to another
Department, f~ direct his Department's short and long
term budget planning activities, g~ to be able to assist
in answering the inquiries of the Mayor and other
.Councilmen and the general public regarding that
Department, and h~ to perform such other duties for, and
on behalf of, the Department as the Department head and
the Commissioner shall deem to be authorized,
appropriate, and within the power and authority of the
rrt-: Cc~~ C~~u~.c~ [ .
The Department Commissioner shall evaluate the
Department head's perf armance on an annual basis for the
purpose of determining the Department head's salary level
for the next year's budget.
C. Each City Councilman assigned and confirmed to act,
and be, the Commissioner for each Department shall act as
such for a term lasting until the commencement of the
fiscal year following his initial selection and election;
the existing Commissioner shall serve as Commissioner
until a new Commissioner is selected and elected or the
existing Commissioner is selected and elected again. The
City Council President shall, on or before the second
MERIDIAN aRDINANCE 1-707 Page - 4
City Council meeting after the commencement of the fiscal
year assign a new Councilman to act as the Commissioner
for each Department or renew the term of the existing
Commissioner for the Department for which he was serving
during the prior fiscal year. The procedure for
selection and election of a Commissioner for each
Department shall be as set forth in A. above, whether or
not a new Commissioner is nominated to serve or the prior
Commissioner is nominated to serve again.
SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
ordinance shall be in full f once and effect from and after its
passage, approval and publication according to law.
PASSED AND APPROVED tha.s ~ ~ da of G 1996 .
y r
CITY aF MERIDIAN
ATTEST:
r-
~.
WILLIAM G. BERG, J . CITY CLERK
MERIDIAN ORDINANCE 1--747 Page ~- 5
ORDINANCE N0. 735
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 1, CHAPTER 7,
OF THE REVISED AND CQMPLIED ORDINANCES OF THE CITY OF MERIDIAN BY
THE ADOPTION OF A NEW SECTION TO BE KNOWN AS SECTION 1--707 TO SET
FORTH AND ESTABLISH A COMMTSSIONER FOR EACH OF THE FOLLOWING CITY
DEPARTMENTS: POLICE, FIRE, PARKS AND RECREATION, PUBLIC WORKS AND
ANY OTHERS DEEMED NECESSARY BY THE CITY COUNCIL; ESTABLISHING
DUTIES; ESTABLISHING THE TERM OF OFFICE OF EACH COMMISSIONER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 50-701, Idaho Code, states that the
legislative authority of each City in the State of Idaho shall be
vested in a council and that such council shall have such powers
and duties as are now or may hereafter be provided under the
general laws of the State of Idaho.
WHEREAS, Section 1-701, of the Revised and Compiled Ordinances
of the City of Meridian, states that the members of the City
Council, the legislative and policy making branch of the government
of the City of Meridian, shall attend all meetings of the Council,
unless lawfully excused, and perform all duties by the nature of
their office they should reasonably perform, such as passing of
ordinances, resolutions, and overseeing of improvements and work
done for the City.
WHEREAS, Section 50--708, Idaho Code, states that the City
Council shall examine the accounts and doings of all officers or
other persons having the care, management or disposition of moneys,
property or business of the City, and Sections 5D-104Z, 5D-1003,
50-1005 and 50-1406, Idaho Code, state that the City Council shall
budget, appropriate, assess and expend the revenue and funds of the
City.
MERIDIAN ORDINANCE 1-707 Page - 1
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the City to amend Title 1, Chapter 7, of the Revised
and Compiled Ordinances of the City of Meridian, by amending that
Title and Chapter, to add a new Section thereto to set forth and
establish a City Councilman as the Commissioner of each of the
Departments of the City, those being the Police, Fire, Parks and
Recreation, Public Works Departments, and any other future
Departments created by the City. Each assigned Commissioner have
the duties and obligations as set forth in SECTION 1 below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
DF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title 1, Chapter 7, CITY COUNCIL, is
hereby amended to add and enact Section 1~-707, which shall read as
f allows
1-707: ASSIGNMENT OF DEPARTMENT COMMISSIONER FOR EACH OF THE
FOLLOW2NG CITY DEPARTMENTS: POLICE, FIRE, PARKS AND
RECREATION, PUBLIC WORKS, AND OTHER FUTURE DEPARTMENTS;
DUTIES; AND TERM.
A. The President of the City Council shall nominate and
the City Council shall confirm, by majority vote with the
President of the City Council abstaining from voting, a
City Councilman to be assigned as the Commissioner of
each of the f allowing City Departments, to wit: Police,
Fire, Parks and Recreation, Public Works Departments, and
such other City Departments created by the City Council
in the future; the City Councilman nominated to be
assigned the Commissioner of a City Department shall have
MERIDIAN ORDINANCE 1-707 Page - 2
the right to vote to approve or reject his nomination,
unless the President of the City Council nominates
himself to be the Commissioner of the Department, in
which case the Council President shall still have no
vote, as above stated; if the Councilman nominated to be
assigned as Commissioner of a Department is rejected by
the vote, the Council President shall assign another
Councilman to be that Department's COMMISSIONER; if the
City Council, other than the President of the City
Council, approves and confirms the nominated City
Councilman be that Department's Commissioner he shall
serve and perform as that Department's Commissioner for
the term set forth below.
B. It shall be the duty of each Department's
Commissioner to act as a liaison officer between the City
Council and that Department, to communicate the desires
and interests of the City Council to that Department,
and, vice versus, from the Department to the Council, all
as they shall deem to be in the best interests of the
Department and the City of Meridian. It shall also be
the duty of each Commissioner a ~ to sign purchase orders,
b~ to assist his Department to process and develop a
budget for the ensuing fiscal year, c~ to audit on a
monthly basis, as best he can, the status of the current
budget of his Department, d~ to approve budgetary
transfers within his Department's budget which are not in
MERIDIAN DRDINANCE 1-7Q7 Paqe - 3
excess of FIVE HUNDRED DOLLARS ~ $500.00 ~ , e ~ to bring to
the Council for approval by majority vote all budgetary
transfers within his Department's budget in excess of
FIVE HUNDRED DOLLARS ~$500.00~ and all budgetary
transfers which are proposed to be made to another
Department, f~ direct his Department's short and long
term budget planning activities, g~ to be able to assist
in answering the inquiries of the Mayor and other
Councilmen and the general public regarding that
Department, and h ~ to perform such other duties for, and
on behalf of, the Department as the Department head and
the Commissioner shall deem to be authorized,
appropriate, and within the power and authority of the
City Council.
The Department Commissioner shall evaluate the
Department head's performance on an annual basis for the
purpose of determining the Department head's salary level
for the next year's budget.
C. Each City Councilman assigned and confirmed to act,
and be, the Commissioner for each Department shall act as
such for a term lasting until the commencement of the
fiscal year following his initial selection and election;
the existing Commissioner shall serve as Commissioner
until a new Commissioner is selected and elected or the
existing Commissioner is selected and elected again. The
City Council President shall, on or before the second
MERIDIAN ORDINANCE 1-707 Page - 4
1.
City Council meeting after the commencement of the fiscal
year assign a new Councilman to act as the Commissioner
for each Department or renew the term of the existing
Commissioner far the Department for which he was serving
during the prior fiscal year. The procedure for
selection and election of a Commissioner for each
Department shall be as set forth in A. above, whether ar
not a new Commissioner is narninated to serve or the prior
Commissioner is nominated to serve again.
SECTIQN 2: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
/ G~ 199.
SSED AND APPROVED this !~ da Of ,
PA y
CITY CF MERIDIAN
~k`~~~1tk1 X11#~3Jt1f ~~!
ATTEST . ~4 ~..~, ~ ~~
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LLIAM G. BERG, . CITY CLERK : ~ ~ ~ ~~. ~,~,~ , ~ ~~,,
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MERIDIAN GRDINANCE 1-707 Page ~ 5
ORDINANCE N0. 731
AN ORDINANCE 4F THE CITY OF MERIDIAN ANNEXING AND ZQNING CERTAIN
REAL PRGPERTY WHICH IS DESCRIBED AS A TRACT 4F LAND SITUATED IN THE
SGUTHEAST 114 4F SECTIGN 8, TOWNSHIP 3 NGRTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHG; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NaW, THEREFDRE, BE IT ORDAINED by the Mayor and City
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A tract of land situated in the Southeast 114 of Section
8, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho and more particularly described as follows:
Commencing at the Southeast Corner of said Section 8,
thence along the southerly line of said Section 8 North
89°32'00" West a distance of 871.18 feet to a point,
thence leaving said southerly North 00°28'00" West a
distance of 520.14 feet, to the Southwesterly Carver of
Olson and Bush Industrial Park, said corner being the
PAINT DF BEGINNING.
Thence North 89 ° J2' 00" West a distance of 1015.07 feet to
a point;
~~D~~~~~
Thence North 06°0$'31" West a distance of 604.46 feet to
a point on the southerly right-of-way of the Union
~`t ~ ~ ~` ~' '~~ ~' f~, ~ k Pacific Railroad,
i 1 4' ~v i i ... k~ ~+ V L -~ ~~. ~
1 !ti ~ L j ~ ~ 1 1 J[n f~ ~ yy.~yy~ ~1~7
~ ~ ~ ~ ~ S' i I A LI ~~ !~. 4 + ~ iV
~~ ; ~ ~ t~ ~ Thence along said southerly right-vf -way South 8 9 ° 02' 0 0 "
~~ `'~' ~~ East a distance of 1074. $6
feet to the Northwesterly
Co ' .
r~ner of said Dlson and Bush Industrial Park,
~~
~~~. ~~ ~~ ~`y ~ Th~tnce leavin said sout - -
~~ g f herly right of way and along the
~,~.~ _ esterl boundar of said Olson and Bush Industrial Park
~ Y y
~'~~ South 00 28 00 East a distance of 600.00 feet to the
~~~~,~' .! ~ :;}= ~:= : ~' ~ ' ~ ~~ POINT aF BEGINNING.
The above described tract of land contains 14.39 acres,
more or less, subject to all existing easements and
rights-of~-way.
ANNEKATIQN QRDINANCE ~ I-L
R~2 DEVELDPMENTIQLSaN AND BUSH INDUSTRIAL PARK NQ. 2 Page 1
is hereby annexed to the City of Meridian, and shall be zoned I-L
Light Industrial; that the annexation and zoning is subject to the
conditions referenced in the Findings of Fact and Conclusions of
Law as adopted by the Meridian Council on the request far
annexation and zoning.
Section 2. That the praperty shall be subject to de-
annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and
sewer mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11~Z-416 L and 11-~-41? D; that the
development agreement shall address inclusion into the
project of the requirements of 11-9-605 C, G 1, H, K, L
and M of the Revised and Compiled Ordinances of the City
of Meridian and other matters; that the praperty may be
de-annexed if the terms and conditions of the Development
Agreement are not satisfied.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11-9--616, which pertains to
development time schedules and requirements, llw9~-605 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. That the Applicant shall meet the requirements and
conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the City of Meridian.
Section 3 . That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said praperty, to be filed with the Ada
ANNEKATI4N ORDINANCE - I-L
R~Z DEVELCPMENT~CLSDN AND BUSH INDUSTRIAL PARK NC. 2 Page 2
County Recorder, Ada County Assessor, and the State Tax Commission
within ten X10} days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
Cit of Meridian Ada Caunt Idaho this ~~ da of 1996.
y r y- r y ~'~`'r
~c~
APPROVE : ~
Y
ATTEST:
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4
e
WILLIAM G. BERG, JR. -~ C TY CLERK
STATE OF IDAHQ,~
SS.
County of Ada, ~
l •
-- ROBERT D. CORRIE
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I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE
SOUTHEAST l/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.";
passed as Ordinance No. 731, by the City Council and Mayor of the
City of Meridian, on the day of -~, l9 9 6 , as the same
appears in my of fiee. ~~
~tt~4~l~'~~~ldFl .~"
DP~ ~ ~ day o f .I, 19 9 6 .
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~~ ~~~,"~~ ~ Ada County, Idaho
ANNEXA~,I ~.; , Z~ ~ - I -L
R-2 DEVE~~?a~4~`~t~LSDN AND BUSH INDUSTRIAL PARK N4. ~ Page 3
r
' STATE QF IDAHa,~
ss.
County of Ada, ~
,~k J~1 ~
Qn this_~.D r_ day of ~; 199, before me, the undersi ned a
Notary Public in and for said St 9 '
ate, personally appeared WILLIAM G.
BERG, JR. known to me to be the person whose name is subscribed to
the within and foregoing instruments and acknowledged that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m
official seal the da and ear in th' y
y y is certificate first above
written.
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a~ ~ L~ o Res' ing at eridian, Idaho
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ANNEKATIQN QRDINANCE - I-L
R-2 DEVELQPMENT~QLSUN AND BUSH INDtiSTRIAL PARK NQ. 2 Pa e 4
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ORDINANCE NO. 734
AN ORDINANCE AMENDING TITLE 3 OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN BY REPEALING CHAPTER 15 AND
REVISING AND REENACTING SAID CHAPTER l5 TO GRANT TD UNITED CABLE
TELEVISION CORPORATION, D/B/A/ TCI CABLEVISION OF TREASURE VALLEY,
A FRANCHISE RENEWAL TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS
SYSTEM IN THE CITY OF MERIDIAN FOR THE PURPOSE OF INTERCEPTION,
SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS TO THE
INHABITANTS OF SAID CITY AND WHICH PROVIDES DEFINITIONS,
AUTHORISES A GRANT OF AUTHORITY, PROVIDES THAT SAID FRANCHISE SHALL
BE A NON-EXCLUSIVE GRANT, SPECIFIES GRANTEE RULES, SPECIFIES
SERVICE STANDARDS, PROVIDES FOR CITY RIGHTS IN THE FRANCHISE,
SPECIFIES CONDITIONS ON STREET OCCUPANCY AND USE, SPECIFIES
PAYMENTS TO THE CITY, PROVIDES FOR RATES AND FEES FOR SUBSCRIBERS,
PROVIDES FOR ANNUAL REPORTS, PROVIDES FOR PREFERENTIAL OR
DISCRIMINATORY PRACTICES; RE~U2RES COMPANY LIABILITY AND
INDEMNIFICATION, PROVIDES FOR BANDS AND OTHER SURETY, PROVIDES
OPERATIONAL STANDARDS, REQUIRES SERVICE TO PUBLIC BUILDINGS,
SPECIFIES THE DURATION AND CONDITIONS FOR ACCEPTANCE OF THE
FRANCHISE, PROVIDES FOR THE TRANSFER OF THE FRANCHISE, FROVIDES FOR
SEPARABILITY, PROVIDES FOR MISCELLANEOUS PROVISIONS, PROVIDES FOR
PAYMENT OF PUBLICATION COSTS, PROVIDES FOR THE REPEAL OF
INCONSISTENT PORTIONS OF PRIOR ORDINANCES; AND PROVIDES FOR AN
EFFECTIVE DATE.
WHEREAS, There have been changes and amendments to federal law
pertaining to cable television, rights and authority; and
WHEREAS, United Cable television, doing business as TCI
Cablevision of Treasure Valley, has requested that its cable
television franchise be extended for a period of time longer than
the present date of termination of the franchise, which is in
September of 1998 and which franchise grant was for twenty ~28~
years; and
WHEREAS, The City of Meridian deems it to be in the best
interest of the citizens of the City to grant a franchise for cable
television, to grant it far a period of time of greater duration
than to September 1998, and to increase the payment by TCI
Cablevision of the franchise fees .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY CF MERIDIAN, ADA COUNTY, IDAHO:
SECTION l: That Chapter l5 of Title 3 of the Revised and
Compiled Ordinance of the City of Meridian is hereby repealed.
SECTION 2: That Chapter 15 of Title 3 of the Revised and
Compiled ordinance of the City of Meridian is hereby reenacted and
shall read as follows:
CABLE TELEVISION ORDINANCE PAGE - 1
3-15Q1 Definitions: For the purposes of this
Ordinance, the following, terms, phrases, words and their
derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense
include the future tense, words in the plural include the
singular and words in the singular include the plural and will
comply with FCC or Federal definitions. The word "shall'" is
always mandatary and not directory.
~1}"Basic Cable": Is the lowest priced tier of service that
includes the retransmission of local broadcast television
signals.
~~}"Cable Act": Collectively means the Cable Communications
Policy Act of 1984 and the Cable Television Consumer
Protection and Competition Act of 1992, as amended.
~3} "City": The City of Meridian City a municipal
corporation of the State of Idaho, in its present incorporated
form or in any other reorganized, consolidated changed form.
~4} "Council": The present governing body of the City or any
future body constituting the legislative body of the City.
~5}"FCC": Federal Communications Commission, or successor
governmental entity thereto.
~6}"Franchise": The initial authorization, or renewal
thereof, issued by the City, whether such authorization is
designated as a franchise, permit, license, resolution,
contract, certificate, or otherwise, which authorizes
construction and operation of the system.
~7} "Grantee": United Cable Television Corporation d/bla TCI
Cablevision of Treasure Valley to whom or to which a f ranchise
under this ordinance is granted by the Council, and the lawful
successor, transferee, ar assignee flf said person, firm ar
corporation.
~ 8 } "Gross Revenues" : Any revenue received by the Grantee from
the operation of the System in the Service Area, provided,
however, that such phrase shall not include any fees or taxes
which are imposed directly or indirectly on any Subscriber
thereof by any governmental unit ar agency, and which are
collected by the Grantee on behalf of such governmental unit
or agency.
~9}"Person": An individual, partnership, association, joint
stock company, trust, corporation, yr government entity.
X10}"Public Way" or "Street"; The surface of, and the space
above and below, any public street, highway, freeway, bridge,
land path, alley, court, boulevard, sidewalk, parkway, way,
CABLE TELEVISION ORDINANCE PAGE - Z
lane, public way, drive, circle, or other public right-af -way,
including, but not limited to, public utility easements,
dedicated utility strips, or rights-af-way dedicated far
compatible uses and any temporary or permanent f fixtures or
improvements located thereon now ar hereafter held by the City
in the Service .Area which shall entitle the City and the
Grantee to the use thereof for the purpose of installing,
operating, repairing, and maintaining the System. Public Way
shall also mean any easement now or hereafter held by the City
within the Service Area for the purpose of public travel, or
for utility or public service use dedicated for compatible
uses, and shall include other easements or rights-of-way as
shall within their groper use and meaning entitle the City and
the Grantee to the use thereof for the purposes of installing
and operating the Grantee's System over poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be
ordinarily necessary and pertinent to the System.
~11~ "Service Area": The present municipal boundaries of
the City, and shall include any additions thereto by
annexation or other legal means.
~ 12 ~ "Subscriber" : Any person or user of the System who
lawfully receives communications and other services therefrom
with the Grantee's express permission,
~13~ "System": Shall have the meaning specified fvr
"Cable Communications System" in the Cable Act. Unless
otherwise specified it shall in this document refer to the
cable communications system constructed and operated in the
City under this Ordinance.
3-1502 Grant of Authorit : There is hereby granted by
the City of Meridian, State of 2daho, to United Cable
Television Corporation, doing business as TCI Cablevision of
Treasure Valley, successors and assigns hereinafter referred
to as Grantee, the right and privilege to construct, operate
and maintain a Cable Communications System in, among, upon,
across, above, over, under, ar in any manner connected with
the Public Ways within the Service Area and for that purpose
to erect, install, construct, repair, replace, reconstruct,
maintain, or retain in, an, over, under, across, or along any
Public Way and all extensions thereof and additions thereto,
such poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, pedestals, amplifiers, appliances,
attachments, and other related property or equipment as may be
necessary or appurtenant to the System. The City also
recognizes that United Cable Television Corporation, d/b/al
TCi Cablevision of Treasure Valley is in full compliance with
terms and conditions of the franchise agreement.
3-1503 Non-exclusive Grant: The right to use and
CABLE TELEVISION ORDINANCE PAGE - 3
occupy the Public Ways for the purposes herein set forth shall
not be exclusive, and the City reserves the right to grant a
similar use of said Public Ways, during the period of this
franchise.
In the event the City enters into a franchise,
permit, license, authorization, or other agreement of any kind
with the any other person or entity other than the Grantee to
enter into the City's streets and public ways for the purpose
of constructing or operating a cable system ar providing cable
service to any part of the Service Area, the material
provisions thereof shall be comparable to those contained
herein, in order that one operator not be granted an unfair
competitive advantage over another, and to provide all parties
equal protection under the law. The City shall not authorize
or permit a System to operate within the Service ,Area on terms
or conditions more favorable or less burdensome to such
operator than those applied to the Grantee pursuant to this
Franchise.
3-1544 Grantee Rules: The Grantee shall have the
authority to promulgate such rules, regulations, terms and
conditions governing the conduct of its business as shall be
reasonably necessary to enable said Grantee to exercise
uninterrupted service to each and all its customers. Provided
however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof, the rules
of the Federal Communications Commission of the laws of the
State of Idaho.
3~-1505 Service Standards; The Grantee shall maintain
and operate its System and render efficient service in
accordance with such rules and regulations as are, ar may be
hereinafter promulgated by the Federal Communications
Commission. Whenever it is necessary to interrupt service for
the purpose of making repairs, adjustments or installations,
the Grantee shall do so at such time as will cause the least
amount of inconvenience to its customers, and unless such
interruption is unforeseen and immediately necessary, it shall
give reasonable notice thereof to its customers.
3--1506 City Rights,,„i,n,,..Franchise:
~1~ City,,,, Rules. The Grantee shall at all times during
the life of ~~~, this franchise, be subject to all generally
applicable ordinances and regulations of the City, and to the
lawful exercise of the City's police power.
~ 2 ~ Use of System„~,by_ City_. Upon written notification
f rc~m the City, to the~Grantee and subject to any applicable
state or federal regulations or tariffs, the City shall have
the right to make additional use, for any public purpose, of
any poles or conduits controlled or maintained exclusively by
CABLE TELEVISIaN ORDINANCE PAGE ~- 4
or for the Grantee in any Public Way; provided that:
~ a ~ such use by the City does not interfere with current
or future use by the Grantee;
4 b ~ the City holds the Grantee harmless against and from
all claims, demands, costs, or liabilities of every kind and
nature whatsoever arising out of such use of said poles or
conduits, including, but not limited to, reasonable attorneys'
fees and costs; and
~c~ at the Grantee's sole discretion and upon written
notification from the Grantee, to the City, the City may be
required either to pay a reasonable fee or otherwise
reasonably compensate Grantee for the use of such poles,
conduits, ar equipment; provided, however, that Grantee agrees
that such compensation or charge shall not exceed those paid
to it by public utilities pursuant to the applicable pole
attachment agreement, or other authorization relating to the
Service Area.
In case of any emergency ar disaster, the Grantee shall, upon
request of the City Council, make available its facilities to
the City for emergency use, to provide emergency information
and instructions during the emergency or disaster period. The
City agrees to share the available facilities for such use
with all governmental entities off of the same technical
Headend. Except to the extent expressly prohibited by law,
the City shall hold the Grantee, its employees, officers, and
assigns, harmless from any claims arising out of the emergency
use of its facilities by the City, including, but not limited
ta, reasonable attorney's fees and costs.
3-157 Conditions on Street 4ccu anc -Use:
~1~ Use. All transmission and distribution structures,
lines and equipment erected by the Grantee within the City
shall be so located as to cause minimum interference with the
proper use of Public Ways, and to cause minimum interference
with the rights or reasonable convenience of property owners
who adjoin any of the said Public Ways, and not to interfere
with existing public utility installations. In all areas of
the City where the cables, wires or other like facilities of
public utilities are placed underground, the Grantee shall
place its cables, wires or other like facilities underground
to the maximum extent existing technology reasonably permits.
42~ Restoration. In case of any disturbance of
pavement, sidewalks, driveway or other surfacing, the Grantee
shall, at its own expense, and in the manner provided by the
City, replace and restore all paving, sidewalk, driveway, or
other surface of any Public Way disturbed to a condition
reasonably comparable to the condition of the Public Way
CABLE TELEVISIGN oRDINANCE PAGE - 5
existing immediately priar to such disturbance.
~3} Relocations. If at any time during the period of
this franchise the City shall lawfully elect to alter, or
change the grade or location of any Public Way, by reason of
traffic conditions, public safety, street abandonment, freeway
and street construction, installation of sewers, drains, gas
ar water pipes, or any other type of structures or
improvements, the Grantee shall upon reasonable notice by the
City, not to be less than five business days, protect,
support, temporarily disconnect, remove, relay and relocate
its poles, wires, cables, underground conduits, manholes and
other fixtures at its own expense except as provided for by
law or entitlement, or unless other utilities charge then
grantee may charge City, and in each instance comply with the
requirements of the City. The Grantee shall in all cases have
the right of abandonment of its property.
~4} Tem arar Removal of Wire and or Fixtures for
Building Moving. The Grantee shall, on request of any person
holding a moving permit issued by the City, temporarily move
its wires or fixtures to permit the moving of buildings, the
expense of such temporary removal, to be paid by the person
requesting the same, of which the Grantee shall be authorized
to require such payment in advance. Grantee shall be given
not less than forty-eight ~ 48 } hours advance notice to arrange
for such temporary changes.
~5} Tree Trimming. The Grantee shall have authority to
trim any trees or other natural growth upon and overhanging
any of its System in the Service Area so as to prevent the
branches from coming in contact with the wires, cables, or
other equipment of the Grantee.
3-1508 Pa ents to the Cit The Grantee shall pay to
the City a franchise fee, which fee shall be, and is, an
amount equal to five ~5} percent of Grantee's Gross Revenues
has defined in 3~-1501 ~S}}, from the operation of the System
in the Service Area, which fee shall be paid semi-annually and
within sixty ~ 60 } days after the end of each six month period
for all years which this franchise is granted.
For the purpose of this section, the semi-annual periods
applicable under this Franchise for the computation of the
payments to the City shall be January 1 through June 30 and
July l through December 31 of each calendar year.
The franchise rate may be reviewed by the City or Grantee
at the expiration of each five ~5} year period during the
effective term of this franchise or any extension thereof, if
notice is provided within 90 days priar to the expiration of
such five ~5} year period. Any such review shall take into
account the maximum Franchise Fee allowable, as determined by
CABLE TELEVISION ORDINANCE PAGE - 6
the FCC ar Congress.
3-1559 Rates and Fees of Subscribers:
~1~ The City may adopt the requisite ordinances to
regulate rates for the provision of Basic Cable TV Service and
equipment as defined, provided and permitted by the Cable
Communications Policy Act of 1954 and the Cable Television
Consumer Protection and Competition Act of 1992 ~"1992 Act"~
together with implementing regulations promulgated by the FCC.
~2~ The Grantee shall file with the City on December 31
of each year a full schedule of all subscribers and users
rates and all other charges including but not limited to, pay
TV, lease channel and discrete services, made in connection
with the cable communications system.
~3~ Nothing in this Agreement shall be construed to
prohibit the reduction or waiving of charges in conjunction
with promotional campaigns for the purpose of attracting
subscribers ar users.
3 -~ 1510 Annual Report : on or before June 3 5 of eac h
calendar year during the term of this franchise the Grantee
shall file with the City a written report which shall include,
whenever reasonably possible, financial statements for the
previous year as needed to insure compliance with all
provisions of this franchise ordinance.
3-1511 Preferential or Discriminator Practices
Prohibited: The Grantee shall not discriminate in the
assessment, level, charge, imposition or collection of rates
on the basis of age, race, creed, color, religion, national
origin, sex or marital status.
8-1512 Com an Liabilit -Indemnification: It is
expressly understood and agreed by a~~d between the Grantee and
the City that the Grantee shall save the City harmless from
all loss sustained by the City by reason of any suit,
judgment, execution, claim, or demand resulting from the
construction, operating or maintenance by the Grantee of its
System in the City, provided that the City shall give the
Grantee written notice of its obligation to indemnify the City
within la days of receipt of a claim or action pursuant to
this section. The Grantee shall, concurrently with the filing
of an acceptance of award of the franchise granted under this
ordinance, file with the City Clerk and at all times
thereafter maintain in full force and effect for the term of
such franchise, at Grantee's sole expense, a general
comprehensive liability insurance policy in the minimum amount
of:
$55D,555.55 for property damage to any one person.
CABLE TELEVISIaN GRDINANCE PAGE ~- 7
$50x,004.00 for property damage in any one occurrence.
$540,000.00 for personal injury to any one person.
~1,000,000.0o far personal injury in any one occurrence.
The Grantee shall provide a Cert~tificate of Insurance
designati~-g the City as an additional insured. Such insurance
shall be noncancellable except upon 30 days prior written
notice to the City.
3-~ i513 . Bonds and tither Surety;
~1} Except as expressly provided herein, Grantee shall
not be required to obtain or maintain bonds or other surety as
a condition, of being awarded tie Franchise or continuing its
existence. Grantee and City recognize that the costs
associated with bonds and other surety may ultimately be borne
by the subscribers in the form of increased rates for cable
services. Initially, no bond or other surety will be
required. In the event that one is required in the future,
the City agrees to give Grantee at least sixty ~ 60 ~ days prior
writte~~ notice thereof stati.r~g the exact reason for the
requirement.
~2~ Notwithstanding the above provisions, Grantee shall
be responsible for standard performance bonds and insurance
required for encroachment permits for work done within City
streets.
3--1514 C eration Standards; The System shall be
installed and maintained in accordance with the minimum
standards set by the applicable rules and regulations of the
Federal Communication Commission.
3-1515. Service to Public Buildin s; The Grantee
shall, upon request, provide without charge, one outlet of
Basic Service to those Franchising Authority offices, fire
station~s~, police stations}, and }public school building~s~
that are passed by its System. The outlets of Basic Service
shall not be used to distribute or sell services in or
throughout such buildings, nor shall outlets be located in
areas open to the public. Users of. such outlets shall hold
the Grantee harmless from any and all liability or claims
arising out of their use of such outlets, including but not
limited to, those arising from copyright liability. The
Grantee shall not be required to provide an outlet to such
buildings where the drop line from the feeder cable to said
buildings or premises exceeds or unless the appropriate
governmental entity agrees to pay the incremental cost of such
drop line in excess of 150 cable feet. If additional outlets
of Basic ServicE are provided to such buildings, the building
owner shall pay the usual installation fees associated
therewith, including, but not limited ta, labor and materials.
CABLE TELEVISION ORDINANCE PAGE - 8
fx i ,.
3-1516 Duration ., and Conditions for ,Acceptance of
Franchise: This Franchise and all rights and privileges and
authority hereby granted shall take effect and be in force
from and after final passage hereof, as provided by law, and
shall continue in force and effect far a term of fifteen ~ l5 ~
years, provided that, within 30 days after the date of passage
of this ordinance the Grantee shall file with the City Clerk,
in writing, duly executed by the proper officials, the
following documents:
1. Its conditional acceptance of this franchise; and
Z. Its proof of insurance as provided in Section 3-
1512 .
3-1517 Transfer of Franchise: The Grantee's right,
title, or interest in the Franchise shall not be sold,
transferred, assigned, or otherwise encumbered, other than to
an entity controlling, controlled by, ar under common control
with the Grantee, without the prior consent of the City, such
consent not to be unreasonably withheld. Na such consent
shall be required, however, for a transfer in trust, by
mortgage, by other hypothecation, or by assignment of any
rights, title, or interest of the Grantee in the Franchise or
System in order to secure indebtedness. Within 30 days of
receiving the request for transfer, the City shall, in
accordance with FCC rules and regulations, notify the Grantee
in writing of the information it requires to determine the
legal, financial and technical qualifications of the
transferee . I f the City has not taken action an the Grantee' s
request for transfer within 1Z~ days after receiving such
request, consent by the City shall be deemed given.
3-1518 Se,parabilit~r,: If any section, sentence,
clause, term, provision or phrase of this ordinance or any
part thereof is for any reason found to be illegal, invalid,
or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining
portions of this ordinance or any part thereof.
3-1519 Miscellaneous Provisions:
~1~ Time is of the essence of this franchise. The
Grantee shall not be relieved of its obligations to comply
promptly with any of the provisions of this ordinance by any
failure of the City to enforce prompt compliance.
~Z} No provision of this Ordinance shall be deemed to
bar the right of the City to seek or obtain judicial relief
from a violation of any provision of the Franchise or any
rule, regulation, requirement or directive promulgated
thereunder.
No provision of this Ordinance shall be deemed to
CABLE TELEVISION ORDINANCE PAGE - 9
t ,.
t 4r
bar any rights the Grantee may have under law, which may
include the Cable Act, as amended, to the extent it is in
force, and the right to review any decision by the City, by a
court of competent jurisdiction.
~3~ The Grantee shall maintain a local, toll free ar
collect call telephone access line which will be available to
Subscribers 24 hours a day, seven days a week.
~4~ Unless expressly otherwise agreed between the
parties, every notice or response required by this Franchise
to be served upon the City or the Grantee shall be in writing,
and shall be deemed to have been duly given to the required
party five business days after having been posted in a
properly sealed and correctly addressed envelope when hand
delivered or sent by certified or registered mail, postage
prepaid.
The notices or responses to the City shall be addresses as
follows:
City of Meridian
33 E. Idaho
Meridian, ID 83642
The notices or responses to the Grantee shall be addressed as
follows:
TCI Cablevision of Treasure valley
8400 Westpark Street
Boise, ID 83704
with a copy to:
TCI west
P,D. Box 91220
Bellevue, WA 98009
Attn: Legal Dept.
The City and Grantee may designate such other address ar
addresses from time to time by giving notice to the other.
31520. Publication costs; The Grantee shall assume and
pay all publication costs in connection with the adoption of
this Ordinance and the granting of a franchise as required by
Idaho Cade, Section 50329. A statement for all such costs
shall be prepared by the City Treasurer and presented to the
Grantee upon filing its acceptance with the City Clerk.
3~-1521 Any and all previous ordinances granting to
United Cable Television Corporation d/b/a TCI Cablevision of
Treasure valley, a Delaware Corporation, a franchise to
operate a Cable Communications System, including Ordinances
CABLE TELEVISION ORDINANCE PAGE - 10
~,
No. 184 and 244 are superseded by this ordinance, which
intends and constitutes amendment of those previous
Ordinances. Any and all sections, portions or provisions of
such previous Ordinances which are inconsistent with, or in
excess of, the pravis,ions herein contained are hereby
repealed.
SECTION 3: EFFECTIVE DATE: Whereas, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law,
PASSED AND APPROVED this loth day of July, 1996.
CITY CF MERIDIAN
ATTEST:
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CABLE TELEVISION ORDINANCE PAGE - 11
ORDINANCE No. 733
AN ORDINANCE OF THE CITY 4F MERIDIAN AMENDING TITLE 4 OF THE
REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN BY THE
ADDITION 4F NEW CHAPTER T4 BE KNOWN AS CHAPTER 1 WHICH WAS
PREVIOUSLY REPEALED, T4 ESTABLISH THE FOLLOWING: A PARKS
RECREATION COMMISSION' ME AND
MBERSHIP DF THE COMMISSION, TERM OF
OFFICE, AND DEALING WITH VACANCIES; ORGANIZATION AND DUTIES•
SUPERVISION OF RECREATION AREAS; MEETINGS; REPORTS• ADVISORY
STATUS; THE MERIDIAN PARKS AND RECREATION CAPITAL IMPROVEMENT F •
AND PROVIDING AN EFFECTI UND,
VE DATE .
WHEREAS, the Mayor and the City Council of the Cit of
Y
Meridian, State of Idaho, have concluded that it is in the
best
interest of the said City to amend the Revised and '
Compiled
Ordinances of the City of Meridian by addin a Cha ter 1 to '
g p Title
4, which was previously repealed, of the Revised and Com '
piled
Ordinances. of the City of Meridians to add a new Cha to
p r to that
Title to establish a City Parks and Recreation Commissio
n and set
forth governing provisions therefore,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY 4F MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title 4 is hereby amended to add and enact
a new Chapter 1, which was previously repealed, and which shall
read as follows:
PARKS AND RECREATION C4MMISSI4N
1. ESTABLISHED; MEMBERSHIP; TERM CF CFFICE• VACANCIES:
r
A. There is hereby established a Meridian Parks and
Recreation Commission of the City of Meridian.
B. This Commission shall consist of nine 9 members who
shall ~ }
receive no salary. They shall be appointed by the
mayor and confirmed by the City Council, and members ma
in like manner, be removed. One 'y~
member shall be the City
Parks and Recreation Commissioner who is a Meridian Cit
Councilman, one member shall be a T y
rustee of Joint School
PARKS AND RECREATION COMMISSION Pa e 1
g
District No. 2 Ada and Canyon Counties, one member shall
be from '~estern Ada Recreation District, one member shall
be from Meridian Athletic Association, Inc., one member
shall be from Cherry Lane Golf Course, one member from
the City of Meridian Planning and honing Commission, and
three additional members shall be apgainted by the mayor
and consented to and confirmed by vote of the City
Council. All members of the Commission shall be
residents of the Area of Impact of the City of Meridian.
The term of office will be on a rotating basis. The
Commission, at the first meeting, shall decide the length
each member shall serve in the initial term. One set of
three members shall initially serve from the date of
confirmation to the 1st day of October 1996. one set of
three members shall serve from the date of confirmation
to the 1st day of october 1997. One set of three members
shall serve from the date of confirmation to the 1st day
of October 1998. After the initial term each
Commissioner's term shall be for a term of three ~3}
years.
C. The first Commission shall be nominated within twenty-one
~ 2l } days after the passage of this ordinance; each
Commissioner shall be confirmed within twenty-one ~~l}
days after his nomination.
D. Vacancies in the Commission occurring otherwise than by
expiration of the term shall be filled by nomination from
the Mayor, with the confirmation of the City Council, far
the remaining unexpired term.
Z. QRGANIZATIUN AND DUTIES: At their first meeting and at the
first meeting of each f fiscal year, the members of the Parks
and Recreation Commission shall meet and organize by electing
one of their members president and such other officers as may
be necessary. The City Parks and Recreation Superintendent
shall be an ex officio member and secretary of the Commission
with na vote.
The Parks and Recreation Commission shall adapt bylaws, rules
and regulations for the proper conduct of the Parks and
Recreation Commission in and for the City and the Area of
Impact. The bylaws, rules and regulations are subject to the
approval of the Mayor and City Council after enactment by the
Commission.
3. SUPERVISIaN 4F RECREATION AREAS: The Parks and Recreation
Commission shall advise the Council on the conduct of,
operation of, and the supervision of , public parks and public
playgrounds, athletic fields, recreational facilities and
other recreation activities an any of the properties owned or
controlled by the City, or on other properties in the Area of
PARKS AND RECREATION COMMISSION Page 2
f
Impact upon which recreational activities are conducted with
the consent of the owners and occupants thereof. The
Commission shall within sixty ~60~ days after this Ordinance
is passed and during the month of May of each year thereafter,
submit to the City Council an advisory proposed recreation
program and budget for the next fiscal year, which shall be
only advisory and in no way binding.
4. MEETINGS; The Commission shall meet regularly each month at a
time and place determined by the Commission. All meetings shall be
open to the public and the f first meeting native shall be
publicized; regular meetings thereafter shall not be publicized
since they will be regular meetings; the Commission shall allow and
promote public participation in the decisions of the Commission.
5. REPORTS: The Parks and Recreation Commissioner shall make
full and complete monthly and annual reparts to the Mayor and City
Council, and other reports from time to time as requested by the
Mayor and the City Council.
6. ADVISORY STATUS: The Parks and Recreation Commission shall
not be deemed to be other than an advisory committee to advise the
Mayor and City Council.
7. MERIDIAN PARRS AND RECREATION CAPITAL IMPROVEMENT FUND:
A. There is hereby established with the City of Meridian a
capital improvement fund which shall be known and cited
as ~'he Meridian Forks and Recreation Capital improvement
Fund. The levy or appropriation to such fund shall not
exceed in the aggregate, in any one year, mare than six-
hundredths of one percent ~ . 06~ ~ of the market value for
assessment purposes on all taxable property within the
limits of the City of Meridian in that year. The total
amount of such fund shall never exceed in the aggregate
six-hundredths of one percent ~.06~~ of the market value
for assessment purposes of the City of Meridian. The
fund shall not be subject to the provisions of X50-1014
of the Idaho Code, which provides that the City Council
may transfer an unexpended balance in one fund to the
credit of another fund.
B. The purposes for which the Meridian Parks and Recreation
Capital Improvement Fund may be used are as follows:
1. The acquisition of land for public parks and/or
recreational facilities.
~. The construction of public facilities for parks
andlor recreational activities.
3. The improvement of Meridian public parks and
PARKS AND RECREATION COMMISSION Page 3
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recreational facilities.
C. None of such funds shall be expended unless specifically
appropriated by the City Council pursuant to ~§50-1001
through 50-1003, both inclusive, of the Idaho Code.
SECTION 2; EFFECTIVE DATE; WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Qrdinance shall be in full force and effect from and after its
passage, approval and publication according to law.
~ 1996.
PASSED AND APPRQVED this ~ --- da of ~ ,
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ATTEST . ,~,~~ ~~ ~~.. ~ `~f~~
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WIL IAM G. BERG, JR. -- C TY CLERK ~ ~,
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PARKS AND RECREATION CQMMISSI4N Page 4
CITY ~F MERIDIAN
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BEFORE THE MERIDIAN CITY COUNCIL
WAYNE S. & KAREN L. FDRREY
\"~J CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT
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PINE CENTER PARK
MERIDIAN IDAHO
FINDINGS CF FACT AND CQNCLUSI4NS DF LAW
The above entitled matter having come on for public hearing
June l8, 1996, at the hour of 7:34 o'clock p.m., or later that
night, the Petitioner, Wayne S. Farrey, appearing in person, the
City Council having duly considered the Application, the evidence
and the matter, makes the fallowing Findings of Fact and
Conclusions:
FINDINGS DF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two ~2y consecutive weeks prior to the
said public hearing scheduled far June 18, 199, the first
publication of which was fifteen ~ 15 ~ {days prior to said hearing;
that the matter was duly considered at the June 18, 1996, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
2. That this property is located within the City of
Meridian; Mr. Forney stated in his Application that the
characteristics which made this conditional use desirable is that
FINDINGS CF FACT AND CaNCLUSIONS CF LAW
PINE CENTER PARK - Page l
t. Ir
residential properties border the site on the North, East and West;
that the neighbors want development along Pine Street; that the
Park has been designed to locate business uses away from Fine
Street and away from the residential subdivisions along Pine
Street; that the Senior Citizens Complex will help buffer and
provide an aesthetic land use transition for this neighborhood;
that neighbors support this concept; that the Snyder Ditch/Drain
will be tiled and the easement will be reduced to minimum, with
design plans having been submitted to the Nampa & Meridian,
2rrigation District. and the Applicant's stated in their
Application that they are not the owners of the property, the
property owner is Bedelco, Inc,, Edward L. Bews, and that the
Forrey's are purchasing the west 12.75 acres of the Bedelco, Inc.,
property.
3. That at the Planning and Zoning Public Hearing it was
represented that the land is currently farmed on a year to year
basis, that a wheat crap has been planted and growing well, that
none of the out--buildings are in current use, that 12.75 acres are
proposed for the Business and Living Center with five acres as a
Planned Development General, Senior Citi2en Boarding and Lodging
Complex and 7.75 acres of business uses as permitted in the City
Zoning Ordinance 112-409.
That Mr. Wayne Forrey testified at the Planning and Zoning
Hearing, that he and his wife, Karen, are purchasing l2.75 acres at
FINDINGS DF FACT AND CGNCLUSTGNS 4F LAW
PINE CENTER PARK - Page 2
f, f`.
East Pine Street and Locust Grove to construct a 114 unit planned
development far an elderly retirement style type campus, which will
utilize the front 5 acres along Pine Street; that 7.75 acres will
be used for the development of a business park which is not part
of this Application}; that opening the facility is anticipated for
early Fall 199?; that very extensive setback and berming are
planned along Pine Street using 35 feet as the planting strip; that
the Five Mile Creek touches the northwest corner of this property
and agreements with the Nampa and Meridian Irrigation District to
landscape and put an asphalt pathway along the Five Mile Creek on
the side of this property, far enough away from the creek for
safety concerns, along with benches, an overlook area and hand
rail; that it is in our best interest to improve the creek and not
to upset the Gruber Lateral in any way, as it supports the
pressurized irrigation for Danbury Fair as well as it will feed
this projects irrigation system; that no buildings are proposed in
the easement; that parking is central; that this project
anticipates on site maintenance, a 24-hour shuttle van service and
property management for the operation of the center and campus.
Mr. Farrey also stated that Builders Masonry is to the south
of this proposal by approximately 1,100 feet; that an agreement to
construct a sound barrier wall on this project's extreme south
property line, next to the railroad tracks was in the best interest
in keeping harmony, even though the nearest living unit is
FINDINGS GF FACT AND CGNCLUSTDNS aF LAW
PINE CENTER PARK - Page 3
approximately 7~4 feet away; that the material for the wall may be
double pane insulated wood, insulated fiberglass, metal or cinder
block; that no residential dwellings will be built closer to the
railroad tracks or Builders Masonry's business; that the Applicant
would prefer to have the barrier wall right at the south edge of
this property if Builders Masonry could agree; that the access to
the off ice and business park will be a continuation of Penrith
Avenue, which would be a public road, and possibly the neighbor to
the east will be developing a business park, in which a stub street
is possible coming out of the business park and linking up with
Penrith Avenue; that the maintenance road along the ditch would be
t
worked into the landscaping concept, to include sodding, however,
access will remain.
Mr. Forrey also stated that he would ask the City, in a
development agreement, to put a restriction on them that this would
be the end or limit to this use; that the rest would be business
uses on the balance of the property between the railroad tracks and
this use.
4. That the Applicant submitted a letter, dated April 29,
1996, in response to the inquiry of the City Attorney as to what
property he was actually proposing for the conditional use since
the Application indicated that 12.75 acres were to be used far the
senior citizen complex and business uses; the Application listed
the legal description for the conditional use as 12,75 acres; the
FINDINGS OF FACT AND C4NCLUSICNS 4F LAW
PINE CENTER PARK - Page 4
April 29, 1996, letter indicates the legal description is not
changed and thus the City must decide whether the Application is
for conditional use on 12.75 acres or 5 acres. The letter does
state the Senior Citizen ~ elderly y Boarding and Lodging facility is
on the five ~ 5 ~ acre portion Applicant is developing, but the legal
description and maps, which showed 12.75 acres as being included in
the Conditional Use Permit Application, were not changed.
5. That at the Meridian City Council public hearing the
Applicant, Wayne S. Forney, testified, in part, as follows:
We are purchasing 12.75 acres, The Meridian Zoning ordinance
allows the Planned Development - General by conditional use
permit, when you have a mix of uses. In our proposed project
we definitely have a mix of uses. Two major uses residential.
We have 114 living units and then we have a substantial amount
of commercial uses, which include a commercial cafeteria,
chapel, recreation center which would also include health
facilities, a commercial laundry, recreation center,
commercial laundry, education center, computer technology
learning center, van transportation service, and a 24 hour
maintenance and security service management business.
The federal regulations, under the Americans with
Disabilities Act, is a federal regulation at 28-~CFR Part 36,
and it classifies our project, Pine Center Park as we have
submitted it to you, as a commercial facility not a
residential project. The Ada County Tax Assessor classifies
our project as a commercial tax base. It has a mix of uses
that are commercial and residential and it qualifies as a
Planned Development - General.
The project we have submitted to the Planning and Zoning
Commission, and onto the City Council, is a mix of uses that
are commercial and residential and it qualifies as a Planned
Development - General. We are not a residential development
or an apartment complex. Dun project requires unusual design
flexibility to achieve a completely logical and complimentary
con~uncta.on of uses and functions.
Your planned development general requires 14~ of open
space and we are in excess of that. The project will be fully
fenced and landscaped with gardens, creek pathway, and an
overlook over Five Mile Creek, with safety handrails. We are
FINDINGS OF FACT AND CONCLUSIONS DF LAW
PINE CENTER PARK - Page 5
proposing a sound barrier wall at the south edge of the
conditional use permit site with extra trees. In Planned
Development - General, the ordinance requires that anything
approved would go through the design review process.
I would like to request two specific things of the City
Council. That you make a decision tonight that our Pine
Center project is in fact a Planned Development - General and
secondly I would ask that you instruct the City Attorney to
prepare new findings of fact and conclusions of law to reflect
that we are a Planned Development - General, and also to
prepare a list of conditions far our conditional use permit.
He also stated, after the testimony of Mr. Phillips set
forth below, that the sound barrier wall would be placed at
the south edge of the conditional use permit site which would
be the south side of the five acre site. And later stated
that they want to build some nice office buildings between
Builders Masonry and Pine Center Park so that would further
buffer and provide a transition.
6. The Robert Phillips, the Forrey's attorney, also
testified at the City Council Public Hearing, in part, as follows:
There was some confusion at the Planning and Zoning
Commission regarding Planned General -~ Development, They were
not sure if this would qualify in that category. This is,
indeed, a Planned General Development . The first thing is the
Pine Center Park is zoned IwL, Light 2ndustrial, and therefore
the next step you must look at the City's Zoning Code, which
is Section 2-4 a 9C for the available uses for industrial uses .
You have Planned Unit Development/General which is an
accepted use in the industrial context. The question is,
"What is planned use development general?" It says it is a
development not otherwise distinguished under planned
commercial, industrial, residential developments or in which
the proposed use of interior and exterior space requires
unusual design and flexibility. This PD classification
applies, to a essential public services, public or private,
recreation facilities, institutional uses, community
facilities, or a PD which includes a mix of residential and
commercial industrial uses.
The Forreys are buying 1.75 acres, but only 5 acres have
been requested for this facility. So the conditional use
permit is only for five acres.
He also stated, after the testimony of Ms Stiles, as
follows ;
"I think that the findings of fact and conclusions
of law are fairly accurate until you get towards the end.
FINDINGS aF FACT AND CCNCLUSI4NS 4F LAW
PINE CENTER PARS -Page 6
And then I noted, in particular paragraph l3, 16, 14, and
17, that may need to be modified because they ask
questions and seem to indicate, 'Is this more residential
than planned unit development general' There are two
different types: 'This is planned unit development
general' Is what we are asking. So that ~inaudible~
findings of fact and conclusions of law would need to be
amended to state that this is, indeed, planned unit
development slash general."
7. In response to a question from Councilman Rountree,the
Planning and Zoning Administrator testified as follows: "Mr. Mayor
and Council,I have no problem with the conditional use permit
application."
8. That the property is currently zoned I~-L Light Industrial
District and is defined in the Zoning Ordinance at 11-~-4U8 B. as
follows:
~I-L~ Light Industrial: The purpose of the ~I-L~ Light
Industrial District is to provide far light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to commute to
neighboring cities; to encourage the development of
manufacturing and wholesale establishments which are clean,
quiet and free of hazardous or objectionable elements, such as
noise, odor, dust, smoke or glare and that are operated
entirely or almost entirely within enclosed structures; to
delineate areas best suited for industrial development because
of location, topography, existing facilities and relationship
to other land uses. This district must also be in such
proximity to insure connection to the Municipal Water and
Sewer systems of the City of Meridian. Uses incompatible with
light industry are not permitted, and strip development is
prohibited.
9. Conditional Use Permit is defined in the Zoning Ordinance
as follows: "Permit allowing an exception to the uses authorized
by this Ordinance in a zoning district."
10. That the property is located on East Pine Street near
FINDINGS 4F FACT AND CCNCLUSICNS CF LAW
PINE CENTER PARK - Page 7
Locust Grove Road; that the Applicants state in their APPLICATION
FOR A CONDITIONAL USE PERMIT, under Description of Proposed Use, as
follows:
"To develop a high quality Senior Citizen boarding and lodging
Complex in a secure, landscaped, campus setting.",
and state, in the Information For Conditional Use Permit
Application, under 7. Proposed Use of the Subject Property, as
follows:
"A 12.75 acre Business and Living Center. Five acres as
Planned Development General, Senior Citizen Boarding and
Lodging Complex and 7.75 acres of business uses as "P"
permitted in City Zoning Cade 2.409."
Applicant has corrected this in the April 2 9 , 19 9 6 , letter to state
as follows:
"Five acres as Planned Development General, Senior Citizen
Boarding and Lodging Complex which includes commercial food
service plus facilities for elderly resident services . All of
the essential services are provided: quality living space,
dining facilities, chapel, recreation, laundry, education, van
transportation, 24--hour maintenance aid security within a
landscaped campus setting, including full handicapped
accessibility available to elderly Pine Center Park
residents."
11. The Assistant to the City Engineer, Bruce Freckleton, and
the Planning and Zoning Administrator, Shari Stiles, submitted
comments which are incorporated herein as if set forth in full
herein; that any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per City
Ordinance 11~-9605 M; that any existing domestic wells and/or
septic systems with this project shall be removed from their
FINDINGS GF FACT AND CONCLUSIONS aF LAW
PINE CENTER PARK -~ Page $
~; `,
domestic service per City Ordinances except for wells may be used
for non-domestic purposes such as landscape irrigation; that
outside lighting shall be designed and placed sa as to not direct
illumination on any nearby residences; that all signage shall be in
accordance with Meridian City Ordinances; that off--street parking
shall be provided in accordance with Section 11-2-414 of the City
of Meridian Zoning and Develapment Ordinance and/or as detailed in
the site-specific requirements; that sewer service to this facility
is contingent upon positive results from computer model analysis;
that water service to this development is contingent upon positive
results from a hydraulic analysis by our computer model; that 5
foot wide sidewalks be provided on both sides of proposed streets
according to City Ordinance Section 11-9-606 B; that paving and
striping shall be in accordance with the standards set forth in
Sections 11-2-414 D 4. and 11-~-414 D 5. of the City of Meridian
Zoning and Development Ordinance and in accordance with Americans
with Disabilities Ace ~ADA~ requirements; that the Meridian Fire
Department requires a minimum width of 25' for driveways; that a
drainage plan shall be submitted designed by a State of Idaho
licensed architect or engineer for all off -street parking areas far
approval by the City Engineer; that fire hydrant placement shall be
coordinated with the City of Meridian's Water Works Superintendent,
and that any existing FEMA floodplain Boundaries on the Site Plan
Map ~ and/or any plans to reduce said boundaries shall be indicated.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PINE CENTER PARK -- Page 9
That specific site comments of Bruce Freckleton and Shari
Stiles are as follows:
a. Sanitary sewer and water services are existing in Pine
Street; that the Applicant will be responsible to
construct the sewer and water mains to and through this
proposed development; that the subdivision designer is to
coordinate main sizing and routing with the Public Works
Department; that sewer manholes are to be provided tv
keep the sewer lines on the south and west sides of
roadway centerlines; that water lines shall be located an
the north and east sides of roadway centerlines.
b. Provide a Z5D-watt high pressure sodium streetlight on
Pine Street at a location designated by the Public Works Y
Department. All streetlight shall be installed at
Applicant's expense. Typical locations are at street
intersections andlor fire hydrants.
c. Provide a 50-foot radius paved temporary turnarounds at
the proposed stub street.
d. Any proposal for a supplementary connection from the
City's water system to the pressurized irrigation system
being proposed will need to be reviewed closely due to
the size of the area to be watered; that the Applicant
shall provide a statement as to the ownership of and
operation and maintenance for the pressurized irrigation
system.
e. That permanent perimeter fencing is to be provided prior
to obtaining building permits; that details of fencing
and required buffering of adjacent property shall be
provided.
f . That Pine Street is designated as a Minor Arterial on the
Functional Street Classification Map. Site plan show a
45' right-of -way south of centerline, but distance scales
only 4 ~' ; that the Applicant shall provide evidence of
dedication of needed right-of~-way to ACHD prior to
obtaining building permits.
g. Construction of curb, gutter and a five ~5~ foot wide
sidewalk along Pine Street.
h. Permanent perimeter fencing is to be in place prior to
obtaining building permits. A minimum ~0' planting strip
FINDINGS aF FACT AND CCNCLUSI4NS CF LAW
PINE CENTER PARK - Page l0
i {r
is required along Pine Street beyond required right-of-
way; that screening fence shall not encroach on this ~0'
planting strip.
i. That a detailed landscape plan is needed showing species
and sizes prior to obtaining building permits,
j. That the density proposed for this five-acre parcel is
greater than what has been allowed by Council in R~-40
zones.
k. A Record of Survey is required to be prepared far
approval and signature of the City Engineer for a one-
time split. Platting should proceed far the remainder of
the property.
1. This Conditional Use Permit addresses only the five-acre
parcel; that if the property is being developed as a
Planned Development - General, the entire site should be
presented far review and approval.
m. That the drain that currently exists along Pine Street
must be piped in accordance with the Nampa and Meridian
Irrigation District's standards and be located outside of
the required right-af-way. Nampa & Meridian Irrigation
District has indicated that, due to the required depth of
the pipe ~ 15 foot,+/-~ , their easement cannot be reduced,
nor can any trees be planted within their easement.
n. Provide evidence of additional approvals required for
senior housing complex THUD, etc.
o. All construction is to be in compliance with the
Americans with Disabilities Act ~ADA~ and all required
Uniform Codes .
p. That Five Mile Creek shall be developed as a pathway in
accordance with the Meridian Comprehensive Plan and the
Ada County Ridge to Rivers Pathway Plan.
q. Re-submit a site plan to an accurate scale detailing all
of the above requirements.
s. If Bensaremeg Street is approved to be a private street
by the City Council, the name will need to be changed to
Lane; that if this roadway is not proposed to be a public
roadway, the remainder of the parcel will have no
frontage, thus not allowing building permits to be
FINDINGS CF FACT AND C4NCLUSICNS OF LAW
PINE CENTER PARK - Page 11
issued.
1~. Central District Health Department, Meridian Fire
Department, Meridian City Police Department, Nampa & Meridian
Irrigation District, the Ada County Highway District and the Sewer
Department submitted comments and they are hereby incorporated
herein.
13. That the Meridian Fire Department Chief, Ken Bowers,
commented that fire hydrants need to be spotted in the complex as
well as fire sprinkler systems; that all codes shall be met.
l4. The Nampa & Meridian Irrigation District commented that
the Nine Mile Drain courses through the middle of this project;
that the right-of-way of the Nine Mile Drain is l44 feet, 50 feet
-from the center each way; that the Rutledge Lateral courses along
the south boundary of the project as well, which is 44 feet, 30
feet to the right and 14 feet to the left of center facing
downstream; that the developer must seek approval from the District
before any encroachment or change of right--of -way occurs; that a
Land Use Change/Site Development application be filed far review
prior to final platting; that municipal surface drainage must be
retained on site; that if any surface drainage leaves the site, the
District must review drainage plans.
15. That the Ada County Highway District submitted comments
regarding this application and they are incorporated herein as if
set forth in full; that the Districts site specific comments
FINDINGS QF FACT AND C~NCLUSI~NS aF LAW
PINE CENTER PARK - Page 12
include the following:
a. Dedicate 45-feet of right-of-way from the ultimate street
centerline of Pine Street abutting the parcel X20
additianal f eet ~ prior to issuance of building permit or
other required permits, The owner will be compensated
far this additianal right-of-way and must submit a letter
of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACHD
Ordinance #188.
b. Construct a 5-foot wide concrete sidewalk on Pine Street
abutting the parcel, located one foot north of the new
right of way line; that this will require relocating the
drainage facility out of the right~of-way.
c. Construct Bensaremeg Street as a public street to a 41-
f oot back-to-back street section with 5~-foot wide
sidewalks with a 58--foot right~of-way. Provide a paved
turnaround to District standards at the south end of the
road and an appropriate easement to the District; that
Bensaremeg Street shall be offset a minimum of l25 feet
from Stonehenge Way, centerline to centerline.
d. Three 30-foot wide driveways and one 20-foot wide
driveway for the caretaker's quarters are approved as
proposed on Bensaremeg Street. The northern driveway
shall be located as proposed 100 feet south of Pine
Street and all driveways shall be separated by a minimum
of 50 feet as measured from near edge to near edge.
e. That direct lot or parcel access to Pine Street is
prohibited.
16. That Commissioner MacCoy submitted statements regarding
this application and they are hereby incorporated herein as if set
forth in full; that additional street lighting on the west side of
the property be added for night visibility and security of resident
occupancy; that additional fire hydrant may be needed on the west
side of the parking lot and to be checked out with the Meridian
City Fire Department; that the buildings and site to meet the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PINE CENTER PARK -- Page 13
r.-
Americans with Disability Act ~ADA~ requirements.
l7. That Commissioner oslund commented that a barrier wall
along this development would make better sense to mitigating noise
by having it closer to this development as well as compatibility
with the future with what ultimately will be business use.
18. Commissioner MacCoy stated that he was in agreement with
Commissioner Cslund's remarks regarding the barrier wall; that even
more barrier might be appropriate such as trees, mare shrubs or
mounding, providing a second barrier.
19. That Builders Masonry Products submitted a letter of
apposition to this project and it is incorporated herein as if set
forth in full; it stated that this zoning should remain Industrial
and that residential developments of any type should not be allowed
near existing industrial developments; that this business or others
may wish to operate ~4 hours a day producing noise and congestion
unsuitable for residential co-existence; that given the concessions
by Mr. Forrey regarding the construction of a sound barrier wall
along the south property line, as well as to the screening fence
and landscaping, in addition to, signing and recording a binding
agreement clarifying that no further residential uses will be
allowed on the balance of our Pine Street property, Builders
Masonry Products desires to work with Mr. Forrey on the best
passible solution.
2D. That opal Farrington submitted a written statement in
FINDINGS OF FACT AND C~NCLUSI4NS 4F LAW
PINE CENTER PARK -~ Page 14
f~
favor of this application; that she would much rather have this
than housing; that she would like to see that the trash and garbage
created during the building process be kept under control.
21. That William Humphrey testified regarding his concern
with the beautifying proposed along the ditch area and the safety
hazard in respect to the elderly people accessing the creek; that
for approximately 15 years the ditch company has been cleaning that
lateral putting dirt on my property; that as far as the enhancement
of the area, he questioned whether the dirt would continue to be
distributed in the same manner.
22. That planned units are defined in Section 11-2-403 as
follows:
Planned Development ,BPD} - An area of land which is developed
... +...
as a single entity for a number of uses in combination with or
exclusive of other supportive uses. A PD may be entirely
residential, industrial, commercial or a mixture of compatible
uses. A PD does not necessarily correspond to lot size, bulk,
density, lot coverage required, open space or type of
residential, commercial or industrial uses as established in
any one or more created districts of this Ordinance.
Planned Commercial Development ~PD~-C_ - Any development in
which the principal use of land is for commercial purposes.
Planned General Development BPD-G~, - A development not
otherwise distinguished under Planned Commercial, Industrial,
Residential Developments, or in which the proposed use of
interior and exterior spaces requires unusual design
flexibility to achieve a completely logical and complementary
conjunction of uses and functions. This PD classification
applies to essential public services, public or private
recreation facilities, institutional uses, community
facilities or a PD which includes a mix of residential,
commercial or industrial uses.
Planned Industrial, Develapment_~PD 1 - Any developments in
FINDINGS OF FACT AND CONCLUSIONS GF LAW
PINE CENTER PARK - Page 15
which the principal use of the land area is for industrial
purposes or accessory uses customarily relating to industrial
uses with the balance of such areas, if any, being intended
for commercial uses as reasonably relates to the support or
convenience of the intended industrial uses or their
occupants.
Planned Residential Develo meat PD-R --Any development which
is predominantly residential including those accessory
purposes customarily relating to residential uses with the
balance of such area, if any, being intended for such uses as
reasonably relate to the support or convenience of the
residential uses of other occupants.
23. The Subdivision and Development Ordinance addresses
Planned Unit Development in 11-9-647; the pravisions of that
Section are applicable to this application and the section is
incorporated herein as if set forth in full; that some of the
particular applicable provisions state as follows:
9-647 A PURPOSE
The City's policy is to encourage developers of land
development and construction projects to utilize the
pravisions of this Section to achieve the following:
1. A development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
..
9-647 B APPLICABILITY
Whenever there is a conflict or difference between the
provisions of subsection 9-647 and other sections of this
Ordinance, the provisions of Section 9-647 shall prevail.
Subjects not covered by Section 9-647 shall be governed by the
respective provisions found elsewhere in this Ordinance.
9-647 D PROCEDURES FOR PLANNED DEVELOPMENT ~PD~
Any person as the agent, or agent for the owner of any
property within the City, may apply for Planned Development
approval. All applicants shall follow the procedures as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PINE CENTER PARS{ - Page 16
provided in Section 9-604 of this grdinance, PROCEDURES FOR
SUBDIVISION APPROVAL. In addition, the developer shall
provide the Council with a colored rendering of adequate scale
to show the completed development that will include at least
the following:
1. Architectural style and building design;
2. Building materials and color;
3. Landscaping;
4. Screening;
5. Garbage areas;
6. Parking; and
7. Open space.
9-607 E MODIFICATION OF DISTRICT REGULATIONS
A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
this Section. A PD shall be governed by the regulations of
the district or districts in which said PD is located. The
approval of the Final Development Plan for a PD may provide
for such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this Section.
9-607 F GENERAL REGULATIONS FOR PLANNED DEVELOPMENT
1. Planned__Deyelo_pments - Planned developments shall be
subject to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
3. Owners' Association - The Owners' Association Bylaws and
other similar deed restrictions, which provide far the
control and maintenance of all common areas, recreation
facilities or open space, shall meet with the approval of
the Council.
7. Bonus Density - . . The following bonus densities may
be granted within a Planned Development, but shall not be
treated as cumulative:
a. Provision for private, common open space in a PD
shall be considered cause for density increases not
to exceed twenty-five percent ~25~~;
b. Character, identity, and siting variation
incorporated in a PD shall be considered cause for
density increases not to exceed twenty-five percent
~25~~. .
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PINE CENTER PARS - Page 17
8. Financial Guarantees -The developer shall post financial
guarantees for all approved on-site improvements if
required pursuant to 9-606 C,
9-607 G GENERAL STANDARDS FOR PLANNED DEVELOPMENTS (PD)
6, Landscaping -~
a. Screening of off-street parking loading and waste
storage areas shall be required,
b. Screening shall be required as a buffer between
residential and non-residential uses ar structures
in a PD.
c . All ground surf aces in a PD shall be covered with a
vegetative cover growth ar other ground treatment
capable of preventing soil erosion under normal
surface runoff conditions,
8. Design, Review ~- All PD's shall be subject to design
review by the City Staff and Council.
9-607 H DESIGN STANDARDS FOR PLANNED DEVELOPMENTS -
RESIDENTIAL BPD-R~
2. Parkin S ace - Dne ~1~ additional parking space beyond
that which is required by the Zoning Ordinance may be
required for every three ~3~ dwelling units to
accommodate visitor parking.
3. Maintenance Building or App, roved Area - A maintenance
building or approved area shall be provided that is
suitable for the services required for the repair and
maintenance of all common areas,
9-607 I DESIGN STANDARDS FOR PLANNED DEVELOPMENTS -
COMMERCIAL BPD-C~
1. Buffering and Screening -When commercial structures or
uses in a PD-C abut a residential use, sight-restricting
screening or buffering shall be provided, In no event
shall any structure in a PD-C be located nearer than
twenty feet ~~0'y to a residential use. Off-street
loading and waste storage areas shall be visually
screened on all sides.
~. LiQh~g - Outside lighting shall be designed and placed
so as to not direct illumination on any nearby
residential areas.
3. Design of Site - A PD-C shall be designed to harmonize
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PINE CENTER PARK - Page 18
with adjacent uses as to height, bulk, location, and use
of exterior materials. Sides and rears of all buildings
shall be given treatment comparable in attractiveness to
their principal frontage. Pedestrian walks, plazas, and
open spaces shall be located to provide maximum
accessibility among the various buildings of the PD-C.
open spaces shall be so located as to provide for maximum
visibility by customers and to create a harmonious
relationship between buildings and exterior spaces
throughout the project.
9-607 J DESIGN STANDARDS FGR PLANNED DEVELOPMENTS - GENERAL
BPD-G~
1. PD-G shall be subject to all applicable standards as set
forth in Section 9--60? of this Ordinance, with each land
use conforming to the PD criteria far said land use.
24. That Section 11--2-409 A, Residential, lists General
Planned Residential as a Conditional Use in the Light Industrial
zone; that Section 11-2--409 A does not list Planned Residential
Development as a Permitted or Conditional Use in the Light
Industrial zone nor does it list Multi-Family Dwellings as either
a Permitted Use or as a Conditional Use.
Section 11-2-409 B Commercial, lists Planned Unit Development
- General as a Conditional Use in the Light Industrial zone, but
does not list Planned Unit Development - Commercial or Retirement
Homes as Conditional Uses or Permitted Uses in that district.
That Section 11-2-409 C Industrial, does list Planned Unit
Development - General as a Conditional Use and Planned Unit
Development - Industrial as a Permitted Use.
25. That Section 11-2-418 C of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards under
FINDINGS OF FACT AND CONCLUSIpNS OF LAW
PINE CENTER PARK - Page 19
which the Planning and Zoning Commission and the City Council shall
review applications for Conditional Use Permits; that the section
states as follows::
11-2-418 C, GENERAL ST~~NDARDS APPLICABLE TD ALL CCNDITInNAL
USES:
The Commission and Council shall review the particular
facts and circumstances of each proposed conditional use
in terms of the following and shall find adequate
evidence showing that such use at the proposed location:
1. Will, in fact, constitute a conditional use as
determined by City policy.
Z. Will be harmonious with and in accordance with .the
Comprehensive Plan and this ordinance.
3. Will be designed, constructed, operated and
maintained to be harmonious and appropriate in ap-
pearance with the existing or intended character of
the general vicinity and that such use will not
change the essential character of the same area.
4. Will not be hazardous or disturbing to existing or
future neighboring uses.
5. Will be served adequately by essential public
facilities and services such as highways, streets,
police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person
responsible for the establishment of proposed
conditional use shall be able to provide adequately
any such services.
6. Will not create excessive additional requirements
at public cost for public facilities and services
and will not be detrimental to the ecvnamic welfare
of the community.
7. Will not involve uses, activities, processes,
materials, equipment and conditions of operations
that will be detrimental to any persons, property
or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare
or odors.
8. Will have vehicular approaches to the property
which shall be so designated as not to create an
interference with traffic on surrounding public
streets.
9. Will not result in the destruction, loss or damage
FINDINGS GF FACT AND C4NCLUSIDNS CF LAW
PINE CENTER PARK - Page 24
of a natural or scenic feature of major importance .
26. That section 11-2-418 D. states~as follows:
"In approving any Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds, and safeguards in
conformity with this Ordinance. Violations of such
conditions, bonds or safeguards, when made a part of the terms
under which the Conditional Use is granted, shall be deemed a
violation of the ordinance and grounds to revoke the
Conditional Use. The Commission and Council may prescribe a
set time period for which a Conditional Use may be in
existence."
27. That there was na other testimony given at the hearing
and proper notice has been given as required by law and all
procedures before the Planning and Zoning Commission have been
given and fallvwed.
C4NCLUSI4N5
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 57-5512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the Gity has the authority to take judicial notice
of its own ordinances and proceedings, other governmental statues
and ordinances, and of actual conditions existing within the City
FINDINGS OF FACT AND CONCLUSIONS CF LA~1
PINE CENTER PARK - Page 21
and state.
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to that section,
conditions minimizing the adverse impact on other development,
controlling the duration of development, assuring the development
is maintained properly, and on-site or off-site facilities may be
required far any conditional use permit; that 11-2-418 D authorizes
the City to prescribe a set time period for which a conditional use
may be in existence,
5, That Section 11-2-418 D. states as follows:
"In approving any Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds, and safeguards in
conformity with this Ordinance. Violations of such
conditions ~ bonds or safeguards, when made a part of the terms
under which the Conditional Use is granted, shall be deemed a
violation of the Ordinance and grounds to revoke the
Conditional Use. The Commission and Council may prescribe a
set time period for which a Conditional Use may be in
existence . 'r
6, That the City has judged this Application for a
conditional use upon the basis of guidelines contained in Section
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian and upon the basis of the Local Planning Act of 1975,
Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City
of Meridian, and the record submitted to it and the things of which
it may take judicial notice.
7. That the conditional use permit, if granted, would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
P2NE CENTER PARK - Page 22
treated as being conducted in a Light Industrial District since
that is the zone of the land.
S. That it is concluded that the provisions of the Zoning
Ordinance, regarding planned developments, listing Planned Unit
Development - General Planned Residential as a Conditional Use in
the Light Industrial District, but not listing Planned Residential
Development, also, as a Conditional Use in that District, are quite
problematical, particularly when dealing with an Application
requesting approval of a Senior Citizen Boarding and Lodging
Complex, and other associated uses, as a Planned General
Development.
9. That the definition sections, regarding planned
developments, provide little instruction because they only state
that planned developments may be entirely residential, industrial,
commercial, ar a mixture of complementary conjunctive uses; the
Sections provide very little guidance for determining when a
planned development is, or should be deemed to be, residential,
commercial or industrial, ar a Planned General Development because
of a mixture of complementary uses.
10. The Applicants, in the Application, only listed the
Senior Citizen Boarding and Lodging Complex as to what the
conditional use was being asked for. In the Information for
Conditional Use Permit, as amended by the April 29, 1996, letter,
in Section 7, it does state as follows:
FINDINGS QF FACT AND CQNCLUSI4NS OF LAW
PINE CENTER PARS - Page ~3
"Five acres as Planned Development General, Senior Citi2en
Boarding and Lodging Complex which includes commercial food
service plus facilities far elderly resident services . All of
the essential services are provided: quality living space,
dining facilities, chapel, recreation, laundry, education, van
transportation, 24-hour maintenance, security, and security
within a landscaped campus setting, including full handicapped
accessibility for elderly Pine Center Park residents."
However, even though the Applicant stated, somewhat, in the April
29, 1996, letter and at the City Council Hearing that, . . we
definitely have a mix of uses.", the Applicatian and the evidence
submitted do not support the Applicant's assertion.
11. The following show that the statement of "we definitely
have a mix of uses" in the five acres where the Applicant stated
the Conditional Use would be, appears not to be planned, or
intended:
A. The Applicant stated in his April 29, 1996, letter as
follows:
"The misunderstanding involves the total property
X12.75 acres versus the five acre portion we are
developing as an elderly boarding and lodging
facility. The City Attorney was led to believe
that we were including the entire 12.75 acre site
in the Conditional Use Permit -Planned Development
General request. This is not the case.
B. Applicant's attorney, Robert Phillips, testified that
only five acres have been requested for this facility,
C. The last gage of the Applicatian is a drawing and
statement of what is included in the Planned Development
Conditional Use project. It includes, and states, the
DEVELGPMENT FEATURES as including the following:
1, That there are buildings A used for independent
living and central dining, B used for
assisted/independent living and central dining, C
used far independent living and central dining, and
D used far independent living and dining,
2. Un-site, 24 hour property maintenance and
management residence,
D. It does not show land where any other uses would be
FINDINGS DF FACT AND CDNCLUSIGNS CF LAW
PINE CENTER PARS - Page 24
located ar space where uses, other than the senior
citizen lodging, would go on the five acre parcel.
E, There is no showing where the commercial cafeteria,
chapel, recreation center, a commercial laundry,
recreation center, commercial laundry, education center,
computer technology learning center, van transportation
service, and a 24 hour maintenance and security service
management business, would, or could, be located.
F. There is no showing where those businesses could be
located on the five acres.
G. The submitted drawing does not show any land ar space
where additional uses could be located.
H. In the testimony of the Applicant, Wayne Forney, at page
5l of the Minutes, he stated as follows:
"Two major uses residential which we have 114
living units and then we have a substantial amount
of commercial uses. I am going to list those for
you."
In the testimony that night, he never did mention or
refer to a second residential use.
I. The last page of the Application, mentioned in C. above,
states as follows:
"PINE CENTER PARS, BUSINESS AND LIVING CENTER
1.75 Acre Campus
City of Meridian, Idaho
Annexed and Zoned "I"
5.0 Acre Senior Boarding and Lodging
Complex as General Planned Residential
BPD-G} 2-409 Meridian Zoning Schedule of
Use Control, allowed by Conditional Use
Permit and Building Permit
7.75 Acre Business Park - Permitted
Industrial Uses, 2-409 Meridian Zoning
Schedule of Use Control. "P" uses
allowed by Building Permit"
J. On that last page of the Application, it was stated that,
as quoted above, that the progased use of the 7.75
acres, apparently, would be for business uses as "P"',
permitted, but it did not state those would be under a
planned development and the letter of April 2 9 , 19 9 6 , did
not amend that the above assertions on the last page of
the Application, and it thus appears that the Bvard and
Lodging Complex would be the only use on the five ~5~
acres.
K . I n the letter of April ~ 9 , 19 9 6 , it did not state that
the last page of the Application was amended regarding
FINDINGS OF FACT AND CCNCLUSICNS GF LAW
PINE CENTER PARS{ - Page 25
the proposed uses for the 7,75 acres.
l~. That it is concluded, based on the above listed
statements and evidence, particularly the fact that the last page
of the Application only lists and shows the Senior Citizen Boarding
and Lodging Complex, which is a residential use, and no room or
plans for any other use, and either not any or very limited
accessory uses, have been planned on the five acre parcel, that the
proposed use cannot be concluded to be a Planned Development -
General use.
13. That from the documents, testimony, and evidence
submitted to support the Planned Development - General use, it can
only be concluded that the use, if anything, is a Planned
Residential use with no, or very little, accessory uses on the five
acre parcel; that it is further concluded that there may have been
planned accessory uses, or actual uses, that were not accessory but
were, or would be, commercial uses, but it appears that they must
not have been actually planned to be located on the five acre
parcel; the last page of the Application the drawing, showed that
all of the five acres was used for the Senior Citizen Boarding and
Lodging Complex and showed that there was neither room or space for
other uses; that those other uses may have been planned on the 7.75
acre parcel, but the Applicant stated in the April ~9, 1996, letter
and allowed his attorney to state, without correction, that the
Conditional Use Permit request for the Planned Unit Development --
FINDINGS CF FACT AND CCNCLUSIQNS CF LAW
PINE CENTER PARS{ ~- Page 2 6
~ r,
t i
General, was only for the five acre parcel.
14. That with regard to the prime use of a Senior Citizen
Boarding and Lodging Complex and the application for a General
Planned Development, it is concluded that under the Residential
Section of 11.2-409 A, RESIDENTIAL, a Planned Residential
Development in the T-L Distract is not authorized as a permitted or
conditional use, but a Planned Unit Development - General Planned
Residential is allowed as a Conditional Use.
15. That it is concluded that in Section 11--2-409 C,
INDUSTRIAL, a Planned Unit Development Residential is not allowed
as a permitted or conditional use, but a Planned Unit Development --
General is allowed as a Conditional Use.
16. That it is concluded that the use actually is, or would
be, a Residential Planned Unit Development and it is further
concluded that it is not a Planned Unit Development - General.
17. That since the land is zoned Light Industrial, since it
has been concluded that the use is a Planned Unit Development -~
Residential, rather than a Planned Unit Development - General, and
since a Planned Unit Development - Residential is not allowed as a
permitted or conditional use in the Light Industrial district, it
is concluded that the Application should be treated as such, a
Planned Unit Development - Residential it is, and therefore it is
denied.
l8. That it is further concluded that there is no reason to
FINDINGS of FACT AND C4NCLUSI~NS of LAw
FINE CENTER PARK - Page 27
4.
..
,-
,'- /
t
~,``
i
make further conclusions, as to whether a conditional use permit
should be granted because it has been concluded that the use is a
Planned Unit Development - Residential and is not allowed as a
permitted use ar as a canditional use in the district within which
it is located, Light Industrial. There has been no application for
a rezone and at this juncture there is na possibility that a
conditional use could be granted.
APPROVAL GF FINDINGS OF FACT AND CONCLUSIONS GF LAW
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions and Conclusions of Law.
RILL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN ROUNTREE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR CORRIE (TIE BREAKER) VOTED
DECISION
The Meridian City Council hereby denies this Conditional Use
Application far a Planned Unit Development ~ General, which
decision is supported by the above Findings of Fact and Conclusions
of Law.
MaTION:
APPROVED: DISAPPROVED:
FINDINGS CF FACT AND CONCLUSIONS OF LAW
PINE CENTER PARK - Page 2$