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HomeMy WebLinkAbout1996 01-02• w MERIDIAN CITY COUNCIL AGENDA TUESDAY, JANUARY 2, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD DECEMBER 19, 1995: (APPROVED) OLD BUSINESS 1. TABLED DECEMBER 19, 1995: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT FOR DRAIN IMPROVEMENTS IN FOTHERGILL SUBDIVISION: (APPROVED SUBJECT TO REVIEW) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR BILL HOWELL: (APPROVED) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY R.T. NAHAS COMPANY: (APPROVED) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY MARTY GOLDSMITH FOR SALMON RAPIDS NO. 1 SUBDIVISION: (APPROVED) 5. TRANSFER OF BEER LICENSE FROM MIKE ELLIOTT TO RRE INC. FOR 127 CLUB: (APPROVED) NEW BUSINESS 6. SWEAR IN NEW COUNCIL MEMBERS: CHARLIE ROUNTREE AND GLENN BENTLEY: 7. SWEAR IN NEW MAYOR: BOB CORRIE: 8. ELECT COUNCIL PRESIDENT: (WALT MORROW) 9. MAYORS APPOINTMENTS: (APPROVED) 10. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 11. APPROVE BILLS: (APPROVED) 12. DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL JANUARY 2. 1996 The regular meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: MEMBERS PRESENT: Max Yerrington, Walt Morrow, Ron Tolsma, Bob Corrie: OTHERS PRESENT: Wayne Crookston, Will Berg, Gary Smith, Shari Stiles, Jim Johnson, Bill Gordon, Glenn Bentley, Charlie Rountree, John Shipley, Jim Howell, June and Malcolm MacCoy, George Howe, Ted Hanson, Walt Casey, Arden Davis, Linda Davis, Marlo Bourquin, Jim Bourquin, Bud and Alice Jerome, Art and Florence Hall, Michael Gorgy Daniel Steenson: MINUTES OF PREVIOUS MEETING HELD DECEMBER 19, 1995: Kingsford: Are there any corrections, additions or deletions to those minutes? Tolsma: Mr. Mayor, I move they be approved as written. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED DECEMBER 19, 1995: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT FOR DRAIN IMPROVEMENTS IN FOTHERGILL SUBDIVISION: Kingsford: Counselor you have those and would you describe them for the Council? Crookston: I have prepared what we have previously called a clean agreement that has no shown changes in it. I also did what we calla red line agreement. I have them here in front of me. I believe that Will just indicated to me that Mr. Dan Steenson is here. We have had discussions about this for quite some time. I got these over to him and he went over them. I finally got them to the Nampa and Meridian Irrigation District Board. Mr. Steenson would you like to reference as to what happened there this afternoon after we talked? Steenson: I am Dan Steenson with (inaudible) we represent the Irrigation District. Wayne I think you have a letter from me which summarizes where we are at. Wayne got me a draft on Thursday and then one again this morning to bring over to the board of directors for consideration. It had changes to a license agreement for the same purpose as the Fothergill greenway that we had done with the City of Nampa. Wayne's version did. I got that over to the District's board this afternoon and discussed with them the changes they • Meridian City Council January 2, 1996 Page 2 accepted some and rejected others. Of particular concern to the District were changes which the District felt would diminish the City's resppnsibility for public activity on the greenway. The District's position there is that construction and, use of a greenway within the District's easement is something that they can permit if the City will be responsible for the construction and the activity that goes on in that greenway. Obviously putting a bike path in the District's easement for a ditch isn't something the District would do as part of its operation and maintenance of the ditch. So the district was concerned that it be protected as it was with the agreement with the City of Nampa from what might occur on the greenway. That was the most significant concern, what they authorized me to do was to bring to you an agreement that was similar in substance to the agreement signed with the City of Nampa and I discussed this with Wayne, given the short time frame that we are on we decided that we bring to you one that had, that was what the board had approved and that Wayne would have his this version that he had submitted available to discuss his changes and any issues that you raised with him. Wayne, I think that pretty fairly summarizes where we are at. Crookston: Thank you, I did not bring the copies that Mr. Steenson was referencing. I had them with me but I didn't bring them to the meeting. Steenson: I should add, Wayne if I might, that I prepared two versions. The second version as I discussed in my letter suggests a provision whereby the City would agree to adopt ordinances that it would be necessary for protection of public safety related to use of the Fothergill greenway, related to enforcement of the provisions of the license agreement with the irrigation district. We didn't have a chance to talk about that. The district wanted me to raise that for your consideration and therefore I integrated that into one of the versions that I have given to you Wayne it is not in another version. Part of the reason for that was there was another provision in which that had to do with enforcement of ordinances that pertained to use of the Fothergill greenway. But I don't know of such ordinances so I added that Wayne and that is in what I have called license agreement #2, so there are those 2 from me for your consideration. Kingsford: Mr. Steenson if I might, one of the significan# differences I see in the agreement that we are looking for and the one that you did finally sign with Nampa and I think it to be quite significant is that we are the owners of the property. The irrigation district is the owner of an easement only. So I think some of the things they are asking for are unreasonable. Now having said that I promised those folks that we would have some sort of a license agreement before they came over and bulldozed it back in what we had done. Steenson: I understand the thinking with ownership as opposed to the situation with the City of Nampa where the fee is not owned. But again from the District's perspective what is being authorized here is two things, first is construction not authorized but agreed to by Meridian City Council January 2, 1996 Page 3 virtue of the license agreement is construction of a greenway and then use of a greenway. Essentially tha# is something the City is inviting pedestrians, members of the public to do. That is fine but the district is very concerned that the City is responsible for that public's use of that greenway which they are invited to use by the City. The district just doesn't have the capacity or be responsible for what people do on a greenway within their easement. So, from the District's perspective whether the ground is owned by the City or not the issue is the same. When you are talking about use of a recreational facility within an irrigation easement. If you have particular provisions or other provisions that you want us to discuss we can do that but we can't get it done before this meeting. Part of where the board was coming from was we don't really have time to get into this before tonight's meeting as we might if there were another week or two. So they authorized me to come deal with the agreement that we did with Nampa. Kingsford: Counselor? Crookston: I have not reviewed these agreements that Dan brought with him tonight. I do that there were some things as Mr. Steenson suggested that he thought would be difficult for the Irrigation Board to agree to. Some things apparently were still left in the draft that I had done. I would suggest that the Council approve it subject to my review and getting appropriate changes that Mr. Steenson and I can work out. Kingsford: So basically what you are saying is I have to fire you tonight because you didn't have this all squared away? So be it, you are out of here. Given where we are at at this time I think that is a logical step, entertain a motion to that effect. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the license agreement subject to his and our review and to what can be worked out by himself and Mr. Steenson, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Mr. Mayor, I would like to publicly thank Dan Steenson for his assistance in this. It has been a long ongoing problem but I think that we have gotten it 99.9% further along than it was before. Kingsford: Which for two attorneys is commendable. ~ ~ Meridian City Council January 2, 1996 Page 4 ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR BILL HOWELL: Kingsford: Council I understand just received those, what is your pleasure. Corrie: Mr. Mayor we haven't received them yet. Crookston: I gave them to Will, I think Will gave them to Shari. Kingsford: They are going to be hot off the press is that correct. No doubt you have all read those (inaudible). Morrow: Mr. Mayor, could we have a couple minute recess so we can review these quickly? Kingsford: Is there a second? Yerrington: Second Kingsford: Moved by Walt, second by Max to recess for a couple minutes to review these findings, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS Kingsford: Council members you have had a chance to review those findings, is there any discussion? Morrow: Mr. Mayor, I would move that we adopt and approve the findings of fact and conclusions as written. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie - No, Tolsma -Yea MOTION CARRIED: 3 Yeas, 1 No Meridian City Council January 2, 1996 Page 5 Kingsford: Is there a motion on the decision? • Morrow: Mr. Mayor, the City Council of the City of Meridian hereby approves that the property set forth in the application will be annexed and zoned and that the conditional use permit be granted under the conditions stated in the above findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: 3 Yeas, 1 No ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY R.T. NAHAS COMPANY: Kingsford: Is the Council prepared to deal with those? Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law as written. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law for the variance request for R.T. Nahas Company as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, it is decided the application for a variance from 11-9-605 M is granted and the applicant shall not fence the Eight Mile Lateral that the applicant shalt place and construct landscaping along the eight Mile Lateral as a condition of being granted the variance. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? ~ ~ Meridian City Council January 2, 1996 Page 6 Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY MARTY GOLDSMITH FOR SALMON RAPIDS N0. 1 SUBDIVISION: Kingsford: This is on the setback requirements for the landscape area. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as written for Marty Goldsmith, Salmon Rapids Subdivision No. 1, roll call vote. ROLL CALL VOTE: Yerrington -Yea, Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Our decision would be that it is decided that the application for a variance from 11-9-605.G the planting strip requirement shall be granted under the conditions stated herein. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TRANSFER OF BEER LICENSE FROM MIKE ELLIOTT TO RRE INC. FOR 127 CLUB: Kingsford: Chief, I understand you have reviewed that and have no problem. Gordon: That is correct sir. ~ ~ Meridian City Council January 2, 1996 Page 7 Kingsford: Same company one of the principles are leaving and the name has to be matching the state license over there. Is there a motion on the transfer? Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the transfer of Beer license from Mike Elliott to RRE Inc. for the 127 Club, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: That concludes the old business, at this I would like to publicly thank former members of the City Council I have had the pleasure to serve with. The two former Mayors that I have had the pleasure to serve with. I would like to thank the City staff a great group of people to work with. I would like to publicly thank the citizens of Meridian you are great people to work for. I thank you very much for my 18 years in City Government. On last little item here Mr. Yerrington had some surgery and missed the City party in which we gave out some recognition for years of service, Mr. Yerrington has faithfully served 6 years in the City of Meridian and we appreciate you very much. Personally I appreciate everything you have done, all the errands you have run and all the meetings that I have put you through. Thank you Max. Berg: Before we get carried away here I want to give the Mayor a few last memoral,ilia of his ofFce. One is your desk plaque, one is your door plaque. The last thing is a small token of all the things you have done for us. I will let you read it because I won't be able to, thank you very much. Kingsford: Grant P. Kingsford, Mayor presented an appreciation for your contribution of service to the City of Meridian as City Councilman from 1976 through 1984 and as Mayor from 1984 to 1996. The leadership and integrity you have shown and provided is greatly appreciated by the citizens and the employees of this fine City. Words cannot express how much you will be missed. The assist you have been to Meridian makes it an honor to call you Mr. Mayor. January 2, 1996. Thank you very much. Berg: Before everybody steps down, Max you have your name plat, sorry you didn't have a door. We also have a plaque, I will read yours brief little description. It says Max L. Yerrington, City Councilman presented an appreciation for your contribution and service to the City of Meridian as City Councilman from 1990 to 1996. Your availability as a public servant and representative of the City of Meridian for the citizens and the employees is greatly appreciated. Thank you Max. • • Meridian City Council January 2, 1996 Page 8 Kingsford: Councilman it has been a pleasure. ITEM #6: SWEAR IN NEW COUNCIL MEMBERS: CHARLIE ROUNTREE AND GLENN BENTLEY: New Council Members, Charlie Rountree and Glenn Bentley, were sworn in by City Clerk Will Berg. ITEM #7: SWEAR IN NEW MAYOR: BOB CORRIE: New Mayor Bob Corrie was sworn in by City Clerk Will Berg. Corrie: I guess (inaudible) I want to thank the Mayor (inaudible) thanks everybody for being here. ITEM #8: ELECT COUNCIL PRESIDENT: Corrie: Council what is your pleasure? Rountree: Mr. Mayor, I move that we nominate Walt Morrow for Council President. Tolsma: Second Corrie: Mr. Walt Morrow has been motioned to be President, and seconded, any discussion? Hearing none I will ask for the question, all those in favor of (inaudible) President Walt Morrow say aye, Opposed? MOTION CARRIED: All Yea Corrie: Mr. Morrow, congratulations you are now the Council President. Morrow: Thanks I think. ITEM #9: MAYORS APPOINTMENTS: Corrie: I will go through these and if there is any discussion or changes that you would like to see we can take that one at a time. With you Council approval I will read the names of the nominations and we will go from there. The appointment of City Clerk, William G. Berg, Jr., City Treasurer, Janice L. Gass, City Engineer Gary D. Smith, City Planning & Zoning Administrator, Shari L. Stiles, City Attorney, Wayne G. Crookston, Jr., Fire Chief, Kenneth W. Bowers, Police Chief, William L. Bill Gordon, Water Superintendent, Bruce Meridian City Council January 2, 1996 Page 9 D. Stuart, Waste Water Superintendent, John D. Shawcroft, Parks Superintendent, Dennis J. Summers, Department of Motor Vehicle Supervisor, Patty A. Wolfkiel, Planning & Zoning Commissioner would be Malcolm MacCoy. Morrow: Mr. Mayor, I have a question with regard to the Planning & Zoning Commissioner that is a seat that is being vacated? Corrie: As of this month yes. Morrow: And which seat would that be? Corrie: That would be Mr. Alidjani's seat is up for re-appointment. Morrow: Under normal circumstances Chairman Johnson would endorse the appointment of a new commissioner. Johnson: Yes, if you are asking for a response I have spoken both with Mayor Corrie and Malcolm and I am satisfied that we will get the dedication that is necessary for that position with Mr. MacCoy. Morrow: Thank you. Corrie: At this time I will entertain a motion for acceptance of the appointment and reappointments. Morrow: So moved Rountree: Second Corrie: The motion has been made and seconded that we approve the appointments and reappointments of the named individuals, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Congratulations to those people on their appointments. ITEM #10: WATER/SEWER/TRASH DELINQUENCIES: Corrie: This is to inform you in writing if you choose to you have the right to a pre- determination hearing at 7:30 P.M. January 2, 1996 before the Mayor and City Council and appear in person to be judged on the facts and defend the claim made by the City that your • Meridian City Council January 2, 1996 Page 10 water, sewer and trash bill is delinquent. You may retain Counsel. This service will be discontinued on 1/10/96 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? Hearing no response you. are hereby informed that you may appeal to have the decision of the City reviewed by the Fourth Judicial Court pursuant to the Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list is $24,366.49. Council what is your pleasure? Morrow: Mr. Mayor I would move that we approve the turn off list. Tolsma: Second Corrie: The motion is made and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: APPROVAL OF BILLS: Corrie: Council your pleasure. Tolsma: So moved we approve the bills. Bentley: Second Corrie: Motion made and seconded to approve the bills all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: I want to back up here just a moment if I may. I need to swear in the Chief of Police and is that the only one I have. Bill Gordon if you will Chief of Police Bill Gordon was sworn in by Mayor Corrie. ITEM #12: DEPARTMENT REPORTS: Corrie: Mr. Smith? Smith: Mr. Mayor and Council members I have nothing to report this evening? Corrie: Is Shari here? Okay, Chief? Gordon: Nothing Mr. Mayor. i ~- Meridian City Council January 2, 1996 Page 11 Corrie: Kenny Bowers, anything? Bowers: I would like to invite Council person Rountree and Council person Bentley to come tour the fire station to get them up to speed on what the City owns and what the Rural fire department owns so they kind of have an idea how it is run. Rountree: What is a convenient time for you? Bowers: Anytime is. Corrie: Jim? Johnson: Yes, I would like to publicly thank Moe Alidjani for his service to the Planning and Zoning Commission. These past few years he has done an admirable job donating a lot of his time. For many of you in the public don't realize this is strictly a volunteer position without compensation so I appreciate his contribution to the City of Meridian. Corrie: Mr. Crookston? Crookston: Nothing Corrie: Mr. Morrow? Morrow: Yes, a follow up to Mr. Johnson's comments about Mr. Alidjani, I think it is entirely appropriate for the City to present Mr. Allidjani with a commemorative plaque for service. I think he was on the P & Z for 12 years, I would like to see that accomplished at our next meeting and properly thanked in the public forum. Corrie: I agree. Mr. Bentley? Bentley: Nothing. Corrie: Mr. Rountree? Rountree: Nothing at this point. I want to recognize my family for being here tonight and thank you. Corrie: Mr. Tolsma? Tolsma: Nothing Meridian City Council January 2, 1996 Page 12 Corrie: Will? Berg: Nothing Corrie: I would like to thank each of you for being here today. A pretty good friend of mine wanted to know if I was going to give a speech and I don't think I will at this point. I want to thank the Mayor for his great, great years and he has been very, I told him he was my mentor many times here in the Council. I mean that sincerely Grant. I am looking forward to working with this Council. I think we have a lot of work ahead of us, I think we will do an excellent job and we have a good crew here. Thanks to everybody for being here tonight and my family as well. If I here nothing I will entertain a motion for adjournment. Rountree: So moved Tolsma: Second Corrie: The motion was made and seconded, all approved say aye? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: ~~ ~ WILLIAM G. BERG, JR., I CLERK APPROVED: RO ERT D. CORRIE, MAYOR ~ CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET ~ - 2~ ~, ~~ x~ ~ CITY OF MERIDIA PUBLIC MEETING SIGN-SHEET .~ - -- • MAYOR'S APPOINTMENTS / REAPPOINTMENTS City Clerk: William G. Berg, Jr. City Treasurer: Janice L. Gass City Engineer. Gary D. Smith City Planning & Zoning Administrator: Shari L. Stiles City Attorney: Wayne G. Crookston, Jr. Fire Chief. Kenneth W. Bowers Police Chief.' W. L. "Bill" Gordon Water Dept. Superintendent: Bruce D. Stuart Waste Water Dept. Superintendent: John T. Shawcroft Parks Superintendent: Dennis J. Summers Department of Motor Vehicle Supervisor: Patty A. Wolfkiel Planning & Zoning Commissioner. Malcolm MacCoy ~ el~ ~Qa '~ DELINQUENCY FOR NOVEMBER TURNOFF SCHEDULED FOR 01/10/96 Corrie: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:30 P.M. , 01/02/96, before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 01/10/96, unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? No response. Corrie: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the turn off list is $24,366.49. ~~~,Je~ ~~ ~~cl~a i • DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 01/10/96 ACCOUNT # NAME & ADDRESS AMT. PAST DUE 1----30 JOHN R. BEAUDOIN 62.80 713 MERIDIAN ST. 1---720 DOUGLAS HADLEY 49.00 647 W. BROADWAY AVE 1---800 SID & SHELLY BREWER 147.80 423 W. BROADWAY AVE 1--1250 TECO INVESTMENTS 57.20 803 W. 2ND ST 1--1810 GLADYS CLYMENS 44.00 729 W. IDAHO AVE 1--2800 MARY J. OSBORN 76.40 622 NW 15TH ST 1--3310 EMIL & E. BRINCKEN 117.60 711 W. PINE AVE 1--3320 RAY PACK 44.90 645 W. PINE 1--3510 EARL & K. BRINEGAR 108.00 205 W. PINE AVE 2----70 CYNTHIA THOMAS 44.00 922 W. 2ND ST s • 2---180 RHONDA DUNK 73.80 921 W. 3RD ST 2---434 MICHAEL & B. DUNCAN 67.80 524 W. APPLEGATE ST 2---486 THOMAS FISCHER 123.40 676 W. APPLEGATE ST 2---526 DAVID L. MOSSI 131.60 1032 W. 8TH 2---650 AUSTIN L. YOUNG 47.80 906 W. 10TH ST 2---958 TINA HENDRICKSON 68.20 915 NW 14TH ST 2--1050 BILL GRAD 127.00 820 N. CINDER RD. 2--1160 DION STATES 115.00 37 W. CHERRY AVE 2--1170 KENT & S. CAMPOSAN 118.40 1304 W. 1ST ST 2--1300 E. E. BRINEGAR 78.60 1632 W. 1ST ST 2--1560 DAVID DOMKA 60.00 1404 W. 2ND ST 2--1570 MICHAEL LOCK 87.20 1410 W. 2ND 2--1970 KERRY L. CARSON 258.50 225 W. MAPLE 2--2020 KIRK HENDERSON 85.00 222 CAMELLIA AVE ~ ~ 2--2140 WILMA BLAIR 94.80 1239 W. 2ND ST 2--2170 ANNABELLE MOORE 67.40 232 CHERRY AVE 2--2180 DUWAIN SHEPARD 84.60 238 CHERRY AVE 2--2320 RUSSELL L. MCFARLAND 96.70 1217 W. 1ST ST 2--2410 SCOTT PINKSTON 53.00 304 W.WASHINGTON AVE 2--2910 GEORGE L. OBRIEN 42.00 650 W.WASHINGTON AVE 2--3440 ROBERT & K. PEENING 61.60 525 W.WASHINGTON AVE 2--3570 D. J. STANLEY 163.40 1122 W. 4TH ST 2--3952 GARY & N. GRIFFIN 62.40 1023 MERIDIAN ST 2--4480 MICHAEL S. MYERS 91.20 1224 NORTHGATE CT 2--4630 BRUCE G. HARVEY 91.00 1239 MAPLE ST 2--4750 COLLEEN FUNK 86.20 1414 W. 14TH ST 2--4770 CHRISTI COX 97.60 1430 W. 14TH ST 2--4800 JUDY L. TODD 82.20 1400 NORTHGATE AVE s • 2--4940 SHARRON HILL 59.90 1537 W. 15TH ST 2--5010 GEORGE EARLEY 54.60 1536 N. CINDER RD. 2--5040 BARRY D. MITCHELL 132.20 1527 NORTHGATE AVE 2--5650 KENNETH WEATHERS 72.80 1527 W.WASHINGTON ST 2--5790 LINDA SOULE 87.20 1104 W. 13TH AVE 2--5870 CRYSTAL MARTINEZ 75.20 1432 W. CARLTON ST 2--5900 LISA M. HARVEY 75.20 1104 W. 15TH AVE 2--5960 E. GAINES/R. SCHULER 67.80 1104 WASHINGTON PL 2--6860 MARK CANNON 62.00 1090 W. STATE ST 3---292 ROD & J. SHURTZ 123.80 2195 W. SNYDER DR 3---318 KIMERY DECKER 63.40 694 N. ABERNATHY WY 3---332 DAVID PORTER 58.20 1979 W. SLATON DR. 3---426 GLENN JOHNSON HOMES 69.20 742 N. TALL PINE PL 3---690 CITY RADIATOR & MUFFLER 133.50 671 N. CINDER RD. 4--1406 CHRIS & R. POTTER 1519 N. HAVEN COVE AVE 4--1626 SHANE & M. MAXEY 2812 W. WILLARD ST 4--1698 TONY & T. MCDONALD 2629 W. LEROY CT 4--1778 BRIAN THIBADEAU 1360 N. STUCKER AVE 4--1908 DARRELL R. BYERS 1533 N. TOKAY WY 4--1962 JB JOHNSTON CONST. 2357 W. SONOMA DR 4--1988 MICHAEL CRAGO 2139 W. SONOMA DR 4--1996 RUSSELL B. LLOYD 2065 W. SONOMA DR 4--2144 WII,DWOOD HOMES 1340 N. VINEYARDS AVE 4--2168 LON ST. CLAIR 1849 W. SANTA CLARA DR 4--2280 STEVEN HAMMOND 1842 W. SONOMA DR 4--2288 JOSEPH & L. WOOD 1490 N. SANTA ROSA PL 4--2304 RUSSELL KOYLE 1515 N. SANTA ROSA PL 4--2308 .CHARLES & T. BUT'TERFIELD 1475 N. SANTA ROSA PL 90.20 80.12 84.20 88.20 73.00 35.00 151.50 61.20 88.20 82.20 55.90 94.20 123.40 228.00 ! ~- 5---158 BRYAN MCCARTY 117.80 3964 W. ASPEN CREEK CT 5---220 WILLIAM HESSTNG 53.60 3887 W. BIG CREEK CT 5---264 TERRANCE & G. BRENNAN 125.80 1225 N. SAW CREEK PL 5---756 STEVE & K. HUNTER 118.60 1468 N. MIRROR CREEK WY 20---50 JULIAN LEGARRETA 56.00 1830 N. SUIVIIVIERTREE WY 20-1374 CARL & K. BAKER 68.60 1985 N. ARONMTNK WY 20-1452 WESTWOOD HOMES 101.00 3505 W. STAIWVICH DR 20-1508 J. ERIC ZELLER 103.00 1885 N. OAK HII,LS DR 20-1624 JUDITH A. HEATON 91.20 1812 INCLINE WAY 20-1664 .STEVEN MEDLEY 105.00 3761 WOODMONT DR 20-1682 ROBERT STOTTS 120.80 3659 WOODMONT DR 20-1874 PAM WALKER 79.12 2024 INTERLACHEN WY 20-1978. TIM & J. ELLIOTT 88.40 3825 QUAKER RIDGE DR 20-2026 TERESA C. NIILLER 79.80 3737 SUGAR CREEK DR 20-2034 MICHAEL M. GROSSMAN 3606 QUAKER RIDGE DR 20-2058 WILLIAM L. PATTERSON 3349 SUGAR CREEK DR 21---28 DAVID L. KEMP 1860 KRISTEN WAY 21--208 TERRY SIL,SBY 2674 N. OLD STONE WY 21--582 MARJORIE CHANCE 2606 W. PEBBLESTONE CT 21-1052 KENT BARNEY 2989 N. FIELDSTONE WY 21-1054 BERNARD & K. BRAUNSTEIN 2961 N. FIELDSTONE WY 21-1172 RICHARD FALK 2375 LEANN WAY 21-1592 PATSY BRAZAS 2111 TODD WAY 21-1738 .MICHAEL A. TATS 2031 KRISTEN WAY 21-1754 KEVIN W. BINGHAM 1851 KRISTEN WAY 21-1758 ROBERT B. COOK 1840 TODD WAY 21-1760 LINDY L. GRAPATIN 1890 MARIANNA PL 21-1766 RICK K. COFFMAN 1960 MARIANNA PL 68.60 177.60 48.00 64.20 62.22 91.60 71.60 186.90 51.60 64.20 71.40 75.80 95.00 69.50 • • 21-1770 YVONNE DESIND 102.20 1941 MARIANNA PL 21-1776 EARL FOREMAN 63.60 1920 TODD WAY DOUGLAS SCHOPPELREY 70.60 21-1870 2644 REBECCA WAY CHARLES & J. FIELD 62.20 21-1896 2586 MISTY DRIVE 21-1940 EDWARD & D. LANCE 61.20 2613 REBECCA WAY JEFFRY & P. PUGMIRE 62.80 21-2068 3015 W. ANN ST. MICHAEL A. ANKENMAN 95.20 21-2070 2993 W. ANN ST LARRY VAN SICKLE 47.00 21-2134 2940 W . ANN ST 21-2182 NAN S. LUNA 80.20 3040 W. HIGAN ST SUSAN BREWSTER 97.10 21-2260 1893 N. SWAINSON AVE CLINTON & J. MINER 69.40 21-2262 1869 N. SWAINSON AVE BUD BRiNEGAR E E 22.00 21-2564 . . 2220 N.TEN MILE RD 21-2732 RON THURBER 121.80 2482 N. STONE PL JOHN & L. ORTON 52.90 21-2746 2505 N. VICTOR WY i i 21-2768 RICHARD THURBER 98.80 2566 N. VICTOR WY 21-2918 DAVID & K. REYES 71.20 2953 W. ELK STREAM ST 21-2920 KEVIN & B. CROFTS 210.80 2931 W. ELK STREAM ST 21-3048 WILLIAM THORNTON 82.60 2839 W.RAVENHURST ST 21-3070 KIMBERLY DECK 81.80 2921 W. JOUST ST 21-3134 JAMES & . E. LOVE 76.80 2910 N. STONE AVE 22--304 STEVEN WESTON 93.50 1650 W. CHATEAU DR 22--320 DOLPH & E. HITESMAN 65.80 1810 W. CHATEAU DR 22__322 CLIFFORD WELLS 61.60 1830 W. CHATEAU DR 22--868 RONALD POLLARD 158.40 2307 N. KUBIK PL 22--948 VICTOR SAUL 91.40 2270 W. SANDALWOOD. DR 22--978 RANDY J. DII,LON 71.80 2240 N. MARBURG PL 22-1032. REN THOMPSON 79.40 2039 N. NYBORG WY 22-1060 WILLIAM & D. HAWKINS 75.60 2052 N SPARKLING PL ~ ~ 22-1066 PAUL LINEBERRY 80.40 2049 N. SPARKLING PL 22-1354 RODNEY WII,LIAMS 85.00 1908 MONACO WAY 22-1356 MARVIN L. KERBS 126.11 1983 HENDRICKS CT 22-1386 MICHAEL SCHAEFFER 121.00 1933 W.SANDALWOOD DR 22-1404 ERIC L. FUI,KERSON 68.60 1816 W. MCGLINCHEY ST 22-1500 JULIA JILL METZ 71.20 1718 W.SANDALWOOD DR 22-1520 MICHAEL A RUFFALO 171.20 1952 SANDALWOOD DR 22-1574 ROBERT D. TALBURT 76.80 1895 W. CHATEAU DR BROOKS INVES'T`MENTS 61.80 22-1594 1777 BEARDON CT 22-1596 PAUL GIAUQUE 178.10 1767 BEARDON CT 22-1602 AL,LYN HILTON 88.60 1687 BEARDON CT 31--206 CAI, R. GOTHBERG 44.00 1933 NW 13TH AVE 31--248 RUSSELL S. HEUGHINS 77.80 1528 W. CHERRY LN 31--458 ZELMA HERRIDGE 58.00 1364 STOREY ST. ~ ~ 31--514 LORETTA A. JENSEN 48.00 1522 STOREY AVE 31--538 ROBERT L. MILLER 63.60 1521 KINGSWOOD AVE 31--726 JASON & L. NITZ 54.60 1324 NEWPORT DR 31--790 DONN CLARK 45.00 1304 FAIRWOOD DR 31--862 BRYCE WALKER 62.80 1306 W.CHATEAU AVE 31--866 VICKEE K. CARSON-POOLE 77.50 1328 W. CHATEAU AVE 31--874 EDWARD E. SPELLMAN 101.20 1424 W.CHATEAU AVE 31-1006 STEVEN M. SWEAT 59.00 1493 DARRAH DR 31-1008 CAL PERMAN 77.60 1481 DARRAH DR 31-1054 .DAVID CLARK 70.80 1281 DARRAH DR 31- l 264 BRENT & J. MORGAN 66.60 1232 DARRAH DR 31-2240 BARBARA ELLIS 44.00 1320 DARRAH DR 31-2262. ROBERT NOLAN 76.00 1494 DARRAH DR 31-2322 BRADLEY PRICE 130.60 1462 CLAIRE ST • 31-2992 PAUL E. PARKER 70.20 2239 NW 15TH ST 31-3002 DAVE CHRISTENSEN 118.60 2240 NW 15TH ST 31-3018 FORREST F. SCHUSTER 115.00 2218 NW 14TH ST 31-3236 VICKIE HRUSKA 69.20 2267 NW 11TH ST 31-3294 ROD T. WERLE 82.60 1061 W. NEWPORT CT 31-3364 ALLEN BURGESS 50.60 2282 NW LOTH AVE 31-3368 DONNA GARDNER 48.50 933 W. CHATEAU DR 31-3392 ARTHUR & M. BOYLE 67.80 1074 DELMAR DR 31-3402 LYNN BASURA 57.80 2252 NW 11TH AVE 31-3414 DAVID J. STINGER 65.80 1053 FAIRWOOD CT 31-3420 JULIA COUCH 61.60 1012 FA.IRWOOD CT 31-3458. DARRYL HOPKINS 111.80 2048 NW 9TH PL 31-3514 GEORGE OSTLUND 78.00 1786 NW 11TH AVE 31-3528 JACK TEATER 59.40 1938 NW 11TH AVE i 32--230 LEONARD MCFADDEN 131.00 104 W. CHERRY LN. 32--438 ROY PECKHAM 74.40 1934 NW 8TH ST 32--486 KAREN OOLEY 86.80 2171 KENMERE DR 32--566 BARBARA HICKS 105.20 1919 CRESTMONT DR 32--586 LINDA L. PADDOCK 132.00 1717 CRESTMONT DR 32--654 MICHAEL & B. MORRISON 78.60 473 CRANMER DR 32--676 KERRY KILLIAN 48.00 261 W. CRAMMER DR 32--718 LOIS S. POPE 76.80 221 W. WILLOWBROOK DR 32--880 BILL L. LINDALTER 66.80 551 TIFFANY DR 32-1190 JACK B.& V.K. SHALZ 59.20 115 W. SPICEWOOD DR 32-1298 MICHELLE FLORENCE 47.50 419 W. WOODBURY DR 32-1368 THOMAS GRATTON 67.40 382 W. WATERBURY DR 33---56 TEL-CAR, INC. 144.80 220 E. FAIRVIEW AVE 33--348 KELLY BARTHOLOMEW 58.20 1990 N. MERIDIAN RD • 33-1850 GARY & B MARSHALL 65.70 2472 N. LARCHMONT PL 33-4344 MARK CIRELLI 54.50 2557 N. LARCHMONT AVE 34--428 CECIL & J. FLEMINGS 54.20 1155 E. CHATEAU DR 34--496 TIMOTHY LOVE 165.10 2089 N. SAPPHIRE PL 34--500 LAYNE MOURITSEN 72.20 2092 N. SAPPHIRE PL 34--536 JOSEPH & D. COATES 87.20 2115 N. AMETHYST PL 34--588 CHRISTOPHER E. JANSEN 62.20 2298 N. AMETHYST AVE 34--884 LONNIE & K. GREENFIELD 85.00 981 E. GROUSE DR 34--910 CALVIN EDWARDS 97.60 1223 E. HUNTER DR 34-1018 DONALD & J. RICE 72.80 2548 N. ELK COVE WY 34-1178 STEPHANIE KAHI,E 100.00 2590 N. BLACK BEAR WY 34-1798. RICHARD L. BACKUS 102.20 2061 JERICHO WY 34-1838 MICHAEL P. KELLY 80.80 2071 NE 10TH AVE 34-1844 .STEPHEN BUFFATT 138.15 2092 NE 10TH ST 34-1948 FORREST MOORE 84.60 821 E. WII,LOWBROOK DR 34-1976 MARJO LACROIX 71.80 1028 CLARENE ST 34-2044 WILLIAM G. MILLER 80.00 1855 TEARE AVE 34-2148 ROBERT A. SMITH 54.20 1761 JERICHO WY 34-2760 RICHARD THURBER 55.20 1197 E.COUGAR CREEK DR 34-2852 GREEN PROPERTY MGMT. 64.00 1342 E. STORMY DR 42--376 ROBERT & T. WELCH 75.80 2449 E. APRICOT DR 42-1976 RANAE WEIR 74.80 1840 E. MEADOW WOOD ST 42-2004 BII,LY JIM MEZA 104.60 2230 N.MEADOWROSE PL 42-2248 RICHARD R. KENNEDY 61.60 2246 E. CHATEAU DR 42-2332 JOSE MARIN 83.40 1902 E.GREENMEADOW CT 42-2740 KEVIN BLAIR 44.00 1843 E.MEADOWGRASS CT 46--254 JAIlVIE SULEZ 37.88 3577 E. EISENHOWER DR 46--468 KEVIN & T. BORCHARDT 45.00 1071 N.FILLMORE WY 49--902 FREDRICK BAGLEY 146.60 1901 E. LANARK ST 50---12 PAUL H. SMITH 47.90 29 E. STATE AVE 50---34 HUBERT HOLLOWAY 72.40 127 E. STATE ST 50---72 JEROME W. ROE 41.00 930 E. 4TH ST 50--218 RANDY & D. ZI7.ZO 59.80 312 E. STATE ST 50--226 JAMES HOWELL 130.80 234 & 236 E. STATE AVE 50--262 SCOTT MURRI 57.80 12 E. STATE ST 50--310 BRUCE C. CASS 62.00 225 E. CARLTON AVE 50--344 RICHARD E. MAYHEW 76.60 513 E. CARLTON AVE 50--354 DENNIS CARSTENSEN 59.25 41.6 E. CARLTON AVE 50-1774 CHERRY'S BUILT IN VACS 157.10 1524 MERIDIAN ST 50-2376 SHAWN JORGENSEN 99.20 1310 E. DRUCKER ST 50-2378 DARLENE & R.GUTHMILLER 58.80 1290 E. DRUCKER ST 50-2416 KORY HANSEN 52.60 1361 N. PENRITH AVE ! • 50-3724 STEVE MEISTRELL 62.80 995 N. RALSTIN PL 50-3734 CHERYL CZARNECKI 72.80 907 N. RALSTIN PL 50-4506 BETTY B. JACOBSON 47.00 436 E. PINE AVE 50-4578 RONALD & J. LARSEN 68.40 214 E. PINE AVE 51--290 RICHARD A. ARTS 53.20 714 E. 5TH ST 51--302 SHAGAY GREGORY ' 49.60 420 E. BROADWAY AVE 51--306 MONIKA LITTLE 71.00 412 E. BROADWAY AVE 51--338 AUDIO ELECTRONICS 44.00 242 E. BROADWAY AVE 51--378 HARRY'S BAR & GRILL 209.20 704 E. 1ST ST 51--450 MURRI'S .ELECTRONICS 132.00 131 E. IDAHO AVE 51--866 CHERYL ROHRBACH 51.80 319 E. PINE AVE 51-3150 GERALD CROWELL 44.00 227 E. WILLIAMS ST 51-3280 VIRGINIA STENSON 69.60 121 E. KING ST 51-3300 DAVID ROBERTS 59.00 133 E. KING ST i • 51-3310 MILDRED ROGERS 53.00 226 E. 2ND ST 51-3430 ROBERT D. STRASSER 45.00 218 E. KING ST 51-4000 ROBERT C. VAN HOUTEN 44.00 408 E. 1ST ST 51-4200 PHILIP G. LORCHER 55.00 432 E. 2ND ST 52-1076 FIRST INTER. BANK OF IDAHO 212.50 210 E. CORPORATE DR 69---46 DAVID WILLIAMS 64.20 1877 S. GOLDSMITH AVE 69--528 MARVIN & K. FIELDS 63.20 1044 E. PEACOCK ST 69--590 MONTGOMERY BAPTISTE 66.60 1384 E. BORZOI ST 69--608 STEVEN & C. MOREY 69.80 1807 S. SWAN AVE 69-1076 DAVID & L. RUPERT 89.60 923 E. STE. MARTIN DR 69-1556 JEFFREY & B. MACE 108.80 593 E. LINKERSHIM DR 69-1588 DOUGLAS ROSECRANS 63.80 1728 SE 3RD WAY 69-1590 M. PAUL JONES 196.70 1706 SE 3RD WAY 69-1604 FRED M. CHRISTENSEN 88.00 635 E. ANTIGUA DR 69-1616 ANTONIO ALONSO 166.20 1928 SE 5TH WAY 69-1620 MICHAEL L. BACHMAN 79.40 1836 SE 5TH WAY 69-2298 DIANE LANG 95.80 1895 S. MARSHWOOD PL 74---18 ALFRED & J. HOCKLEY 51.90 43 SW 7TH AVE 74---60 VALERIE ALVES 171.40 343 SW 7TH AVE 74---80 RICK R. BURWELL 69.00 513 KEARNEY PL 74---94 RANDY WINWOOD 173.30 671 PENNWOOD ST 74--372 LAURA YELTON 59.80 673 FULMER CT 74-1014 JERALD HOLLOWAY 84.00 64 ROSE CIRCLE 74-1032 BRADLY C. MICHAELSON 78.20 46 ROSE CIRCLE 74-1084 EDWARD NEALE 95.12 102 W. 1ST ST 74-1104 DONNA WIEBER 47.20 37 ROSE CIRCLE 74-1312 ALAN LEE CENTERS 71.40 325 S. MERIDIAN ST 74-1458 RUSSELL JOHNSON 48.00 513 S. MERIDIAN ST • • 74-2324 RALENE J. GREGORY 231.50 1125 CRESTWOOD DR 74-2350 THOMAS HAZZARD 80.80 1031 CRESTWOOD DR 74-2366 FRANK DODGE 90.60 1000 CRESTWOOD CL 74-2368 FLOYD ELDRED 79.20 1014 CRESTWOOD CL 74-2390 BRIAN CURRY 62.80 1058 W. LOUISVILLE CT 74-2442 JOHN NESMITH 63.60 112 SW 12TH AVE 74-2476 STEPHANIE ATCHISON 65.40 1358 W. KIlVIRA ST 74-2520 DAVID TOLAND 150.00 1395 W. KIMRA ST 74-2584 KYLE BUZZELL 70.80 368 S. PENNANT PL 74-2588 JOHN LABBE 46.60 334 S. PENNANT PL 74-2616 NOEL PETERSON 70.80 971 W. KIlVIRA ST 74-2638 CARMEN BIRD 175.30 447 S. OUTFIELD WY 74-2644 SHARON HOUSE 66.80 877 W. PENNWOOD ST • 74-2662 DAVID HANSEN 85.80 468 S. OUTFIELD WY 74-2676 RICHY BAIRD 71.70 292 S. OUTFIELD WY 74-2678 RICHARD POULSON CONST 44.00 264 S. OUTFIELD WY 74-2680 KARL WILLIAMS 61.80 250 S. OUTFIELD WY 74-2764 BRYAN K. ROPP 63.80 1476 W. CRESTWOOD DR 74-2834 MICHAEL MCCORMICK 84.60 1289 W. CRESTWOOD DR 74-2840 CRAIG MACHO 78.00 441 S. SPOONBII,L AVE 74-2846 ROD MEDLEY 81.60 479 S. SPOONBILL AVE 74-2850 JAMES G. CHEESBROUGH 62.20 519 S: SPOONBILL AVE 74-2928 ARLIN D. SMITH 55.20 1322 W. PINTAIL DR 74-3076 FRANK STOPPELLO 45.00 1038 W. LOON ST 74-3.170 REX & DONNA SIMMS 63.72 1141 W. GREENHEAD ST 74-3238 DEBRA RULE 85.80 1134 W. GREENHEAD DR 74-3250 ROBERT PENNER 71.40 519 S. PELICAN WY ~ ~ 74-3270 JERRY SMITH 68.40 556 S. CANVASBACK WY 74-3296 ROB BIENAPFL 55.00 404 S. CANVASBACK WY Total Amount Due: -$24,366.49 Total Number of Turnoffs: 291 • OFFICIAL OATH OF OFFICE I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho; that I will faithfully discharge all the duties of the office of City Council of Meridian, Idaho, according to the best of my ability. Charles M. Rountree Subscribed and sworn before me this 2nd day of January, 1996. _~~~.~- William G. Berg, Jr., Cit C erk Filed ~~u-u''~`~ ZN~ 1996 William G. Berg, Jr„ City erk ~ i y .~ ~~~~ _ 9-4' ~~~ :;//y0,9 !fir ts.~ , PaO``1~:.. OFFICIAL OATH OF OFFICE I do solemnly swear (or affirm) that I will support the Constitution of .the United States, and the Constitution and Laws of the State of Idaho; that I will faithfully discharge all the duties of the office of City Council of Meridian, Idaho, according to the best of my ability. Glenn R. Bentley Subscribed and sworn before me this 2nd day of January, 1996. William G. Berg, Jr., ity Clerk Filed ~~~-~- ~ Z ``~~ , 1996 William G. Berg, Jr., C y Jerk `\`\I~II~11111111rir~ii ,~ - ~~~~ ~~ 9`` ,~t~©~ '/,,/'~~~0/111{ 1111\11~\```\\ • ~ OFFICIAL OATH OF OFFICE I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho; that I will faithfully discharge all the duties of the office of Mayor of Meridian, Idaho, according to the best of my ability. o ert D. Corrie Subscribed and sworn before me this 2nd day of January, 1996. William G. Berg, Jr., City Clerk Filed ~~"~`~ 2 ~~ , 1996 ~~~ William G. Berg, Jr., C' y erk ~ \\ ~~ .~j ~t ~ f~~~ ~S° r~~~l '~x~tI.~ //~~~!!l11it1 itlttttt\`\\ r i MERIDIAN CITY COUNCIL AGENDA TUESDAY, JANUARY 2, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD DECEMBER 19, 1995: a~~Orvv~~ OLD BUSINESS 1. TABLED DECEMBER 19, 1995: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT FOR DRAIN IMPROVEMENTS IN FOTHERGILL SUBDIVISION: a~~rrnves ~.,~b~cci' wa~,:e C fev%e~ 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR BILL HOWELL: c~J,oh,ve ~/~~cl~ ~,t~Prov.~ der.~~~,t~ 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY R.T. NAHAS COMPANY: ~L~P ~~~- ~j~ ~~ j~ a~~p r~J~f„ l~it~u`u..tcoi deuTi rs~ 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY MARTY GO ~MITH FOR SALMON RAPIDS NO. 1 SUBDIVISION: 5. TRANSFER OF BEER LICENSE FROM MIKE ELLIOTT TO RRE INC. FOR 127 CLUB: GtP~arav~ ' NEW BUSINESS 6. SWEAR IN NEW COUNCIL MEMBERS: CHARLIE ROUNTREE AND GLENN BENTLEY: ~ 7. SWEAR IN NEW MAYOR: BOB CORRIE: S. ELECT COUNCIL PRESIDENT: ~~t /T~' 9. MAYORS APPOINTMENTS: ~~~~~~~ 10. WATER/SEWER/TRASH DELINQUENCIES: ~,~opra~~ed- 11. APPROVE BILLS:. ~-~/~~-~- 12. DEPARTMENT REPORTS: ~~ ~ ORIGINAL BEFORE THE MERIDIAN CITY COUNCIL BILL HOWELL ANNE]CATION AND ZONING AND CONDITIONAL USE SOUTH OF I-84 AND EAST OF LOCUST GROVE A PORTION OF THE SE 1/4 OF THE NW 1/4 OF SECTION 17 T.3N R.lE. BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 19, 1995, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., the Petitioners representative, Steve Woodbury, appearing, and the Meridian City Council having heard and taken oral and written testimony, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the public hearing scheduled for December 19, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 19, 1995 hearing, the Applicant's representative, Steve Woodbury, appearing in person, that the public having been given full opportunity to express comments and submit evidence; and that copies of all FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1 • notices being available to newspaper, radio and television stations, the Meridian City Council hereby takes action on the Findings of Fact and Conclusions of Law. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 28.49 acres in size; that on the 20 acre parcel, the Applicant proposes a facility to sell and service Freightliner trucks; that the remainder 8.49 acres would be for a future body shop and repair center. 3. That the property is presently zoned by Ada County as R-T (Rural Transition); that the Application requests that the property be zoned General Retail and Service Commercial (C-G) and Applicant has requested a conditional use permit to allow for the sales and service of trucks/trailers; that the Application is incorporated herein as if set forth in full; that in ,the C-G District, Sales Lots (Auto. Rec, & Agric., Etc.) are allowed conditional uses. 4. Adjacent to this development is the I-84 Interstate freeway and Overland Road; that the major arterials of Eagle Road and Locust Grove Road are nearby; that to the west is the Playground RV Park and driving range; that to the east is the future expansion of this development of the 8.49 acres; that across the Interstate to the north is Magic View Subdivision; to the north and east across the Interstate is the Jackson's Travel Center, currently under construction; that across Eagle Road to the east of Jackson's Travel Center is the proposed St. Luke's Medical campus, FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 2 • • currently under construction. 5. That the property is adjacent and abutting to the present City limits. 6. That Bill Howell, is the Applicant; that the owner, Par 3, an Idaho General Partnership, Richard M. Phillips, General Partner, has consented to the application and has requested this annexation, zoning and conditional use and the application is not at the request of the City of Meridian. 7. That the Applicant's. original annexation and zoning application stated that the present use of the land is agricultural, that the proposed use is industrial, that the proposed district is C-G, General Retail and Service Commercial, that the proposal is compatible with other industrial facilities adjacent to the project, and that the property would be harmonious with adjacent developments; the annexation and zoning Application also states, "The proposed zoning amendment relates to the Meridian Comprehensive Plan in that it will be adhering to the mixed plan usage of the Plan, and being close to the interstate is in an area that is intended for industrial use.". That the Applicant submitted Supplemental Information for annexation, zoning and for the conditional use request prior to the City Council hearing and such are incorporated herein as if set forth in full; that the proposed use was to operate a dealership for the sale of new and used trucks and semi-trailers, including servicing of trucks and trailers and the sale of parts; stated that the use Baas a commercial use and not industrial; that the proposed FINDINGS OF FACT. AND CONCLUSIONS OF LAW - SOWELL PAGE - 3 • use was not a trucking terminal type operation and that it was not a truck stop; that it was going to be 12 and not 20 acres as initially stated; that it would be in compliance with the Meridian Comprehensive Plan since it will generate a new commercial enterprise for the City in a location which has been designated as a priority development area for uses of that type; that it complies with the Zoning Ordinance since it contemplates a acoercial use, rather than an industrial use, in a proposed C-G zone; that it fits squarely within the definition of the C-G zone and is allowed as a conditional use; that Meridian Ford, Arnold Machinery, Western States Equipment and Inland Coca-Cola are operations similar to what is proposed by the Applicant; that Applicant had a traffic study done which indicated that 212 trips per day of which 38 would be trucks, that 95$ of the vehicles will access the property from Eagle Road, and that ACRD has analyzed the project and concluded that the transportation system will be adequate to accommodate additional traffic generated by the proposed development; that the hours of operation would be generally from 7:00 a.m. to 6:00 p.m., but that there may be emergency work required when it would stay open to 11:00 p.m. but not beyond that time; that Applicant had a sound level study done which demonstrated that the sound level compares with other known uses and that the sound level would be lower than what it is now at Meridian Ford and the Cherry Lane shopping; that in regards to environmental hazards the Application stated that the use will not create undue environmental hazards, that there would be no underground storage tanks, no paint or body FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 4 • shop, no bulk oil storage, no fuel sales on site. 8. That before the Meridian Planning and Zoning hearing of October 10, 1995, Ms. Donner testified that there will be a facility to sell and service Freightliner trucks on the 20 acre parcel; that the future parcel, consisting of the 8.49 acres, will be for a body shop and repair center, to be constructed in a phase II development; that sewer is of concern because it is only on the north side of the Interstate; that they would work in conjunction with other developers to bring the sewer to the south and share the cost; that if sewer is not available when they would like to open, they have discussed this with the Central District Health Department and they would propose to put in a septic system and utilize that until they could bring the sewer in; that they plan to extend the water lines 600 feet to get water to the site. She also stated that they had concerns over the statement of Shari Stiles about requiring four to six foot berms along the front of Overland and they are a little bit concerned about trucks having site distance problems and that none of the other properties along Overland used for industrial uses were required to have berms. In response to a question by Commissioner Rountree about the lines on a map being topographical lines and the map showing a raised platform the length of the lot that would perch the trucks up above the elevation lines shown on the map, Miss Donner indicated that that was what it showed. She also stated in response to a question, that the Playground driving range was right next door to this property to the west. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 5. ~J • 9. That the Applicant, Bill Howell, testified before the October 10, 1995 Planning and Zoning hearing to clear up some gaps left by the earlier testimony of Ms. Donner; that the elevation of the display area along I-84 is believed to be an 8 foot elevation from grade; that the display will be of all new vehicles; that the proposed fleet maintenance .shop is primarily a full service facility and the phase II plan within the 20.00 acres will be for a body/paint shop; that the 8.49 remaining acres will not be used by the Applicant's company; that it is simply going to be marketed; that the anticipated daily .trips of the full size road tractors and trailers, ranging up to and including 53 foot, could possibly figure to be 75 to 100 per day; that the operating hours are 7:00 a.m. to currently 12:00 p.m. and that general maintenance is the activity going on at 12:00 at night in the shop areas; that the anticipated maximum employees will probably be 60; that the Applicant foresees as a great eventuality, full service leases. 10. There were several property owners in the immediate area who testified at the October 10, 1995, Planning and Zoning hearing about the Application; the testimony can be summarized as follows: a. Kevin Merritt, acting as President of the Meridian Greens Subdivision of approximately 225+ homes, wanted to go on record as totally opposing this Annexation for several reasons. That the proposed location for the transport truck and trailer service sales and service. facility is not appropriate in keeping with the present planned use of the adjoining and local property; that based on the traffic volume, and traffic safety issue, this proposed development is not compatible. b. Roy Harada testified that he also is in truck sales with a different dealership; he points out that FINDINQ~S OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6 • contractually, freightliner requires all dealers to be open 24 hours;- that the traffic flow is going to be significantly higher than what Mr. Howell represented, and be well over 150 to 200 vehicles a day in and out; and that developments of this type are typically noisy, smelly and are open extremely long hours; that the freightliner class 7 trucks, which are medium duty trucks to a class 8 truck, grossing in excess of 100,000 pounds, are your typical trucks, along with Cumins, Caterpillar, all of the miscellaneous service shops bringing parts in as well as Federal Express trucks; that another concern regarding the excessive traffic might well be the mechanic needing to check out the trucks after servicing to use Overland Road, turn right, hit the Interstate, turn right again, hit' Eagle Road, making a circle, thus adding to the safety factor of the kids in the nearby subdivisions. c. Becky Bowcutt, of Briggs Engineering, testified that on behalf of her client G. L. Voigt Construction, whose property just south of this parcel was approved for approximately 290 R-4 designation lots; that Ms. Bowcutt requests that the City of Meridian evaluate the landscaping that is being proposed by the Applicant and that a landscaping plan be submitted by the Applicant and an evaluation be done regarding the berming and the screening at the entrances at I-84 and along the interstate. d. That Lou Lois testified that he affirms the opposition from the President of Meridian Greens Subdivision with regard to the safety and noise; that he believes that this type of operation is not one that would stop at midnight but be more a 24 hour operation; that the paint shop and of hazardous materials so close to residential areas -was also a concern of Mr. Lois'. e. That Beth Markland testified that she also is in opposition to this proposed annexation for the same reasons previously stated,, specifically the traffic concern, the possibility of these trucks hauling hazardous materials and the noise. f. Neda Hagner testified that she too wishes to add her concerns regarding the traffic congestion on Overland already being frightening and the safety of children and grandchildren; that having these monster trucks on Overland is like putting up FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 7 • • barriers to enjoyment of their homes. g. Ron Thomas testified that his major concern is the ground septic system and the Ada County Health District allowing such a thing to be built; that the traffic is bad now and would only get worse. h. That Rick Reever testified that he lives in Sportsman Point Subdivision and his concerns lie with the traffic situation and the access to the on ramp at I-84; that with the proposed shopping mall at the southeast corner of the on ramp at Eagle Road, this will only add to the congestion and potentially more safety problems for the kids in just the square mile between Overland, Eagle, Locust Grove and Victory. i. Nicole Garduno testified at the hearing voicing her opposition to the proposed annexation and zoning mainly for the safety issues. j. That Mark Wilson testified, echoing objections with regard to the hazardous waste that this project will potentially generate and the possibilities of contamination of the sewer system years done the road. k. Karen Frisch, from Hunts Bluff Subdivision, testified that her subdivision likewise will be affected; that she also is opposed to this proposed annexation. 11. That testimony before the Planning and Zoning Commission of October 10, 1995, regarding annexation and zoning was incorporated into the record of the Conditional Use Permit Application; that Mr. Kevin Merritt also testified, reiterating his statements he made on the annexation and zoning; that Stewart Edwards testified that the noise of this plant would be quite an impact of the trailer park next door; that the roads, in his judgment, will not hold up under the kind of traffic and the rigs that will be generated, especially on Overland Road. 12. That the City Council heard testimony which can be FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 8 • summarized as follows: • a. Steve Woodbury, the Applicant's representative, testified that this application is for the dealership of new and used truck and trailers and service; that approximately 85$ is telephone sales and 15~ sales being walk-in trade, therefore, traffic is minimal; that on a 12 acre site there is a building approximately 43,000 square feet for sales, parts and service facility; that the new trucks and trailers sales will be located to the north of the parts and service building on an elevated, above-grade, landscaped portion of the parcel; that security gates will be installed extending from the building- to the side lot lines and the applicant anticipates a perimeter fencing also for added security; that the body and paint shop will remain in Boise; that this will not be a truck stop or trucking terminal; that the construction will be. of textured concrete panels; that this will resemble Meridian City Ford, showing quality of construction, and insulated for sound; no fuel sales or underground tanks; that the Applicant is fully aware of all the environmental regulations, to which he will comply; that this proposal is a clean and well operated facility; that the traffic assessment conducted by Bell Walker indicated this facility would generate approximately 212 vehicle trips per day with 38 of those trips being trucks, that amount to three (3) trucks ,per hour; that 95$ of the traffic volume will come from Eagle Road; that 7,000 trips per day will be generated by Overland Road; that this conclusion was reached by Bell Walker by taking a look at the business records of Mr. Howell's existing facility in order to reach their conclusions about the amount of traffic likely to be generated by this facility; that a sound level analysis was conducted at various sites throughout the County; that reading levels of sound at the site being 49.6 decibels; that 50 to 52 decibels by the time construction is complete; that buffers and landscaping will also aid in the sound emitting from the premises; that the Applicant acknowledges that the first row of homes in the subdivision that borders an arterial will notice an impact but as you go further into the subdivision, the impact is dramatically less; that the hours of operation will be from 7:00 a.m. to 6:00 p.m. 80~ of the time, with possibly 5$ of the time closing at 11:00 p.m.; that this facility will be served by central water and sewer, taking water and extending it from the Playground R.V. Park and extending the sewer from the other side of I-84 .' b. That Bill Howell testified, recapping briefly the remarks of Mr. Woodbury and stating that they have gone to great FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9 • lengths to show an accurate picture of the proposal based on facts, not rumors or confection, and in making it compatible. c. That Robert Green testified and submitted a letter as part of the record from the Homeowners Association for Sportsman Pointe that they oppose this application; he stated that the traffic and safety issues were unresolved; that the loads these trucks will generate are just too great for the roads, which are deteriorating greatly; that the question lies also in what these trucks will be handling, such as any contaminates and that de- fueling would be probably be necessary in order to conduct repairs and this would need to meet the requirements for that and suggested the City needs a disaster plan in place; and his concern as to the retention ponds containing hazardous contents. d. Roy Harada testified, that for 19 years he had been involved in heavy truck sales and believes the public is being told what they want to hear with regard to this application and stating again his concerns with this application; that not all of the information given by the Applicant has been truthful; that these trucks will be handling various loads; that the validity of the sound level test is questionable and that he is also concerned with what this will do to the resale value of his property. e. Mike Forgy, President of the Homeowner's Association in Hunts Bluff, testified that the public is not getting an accurate picture; that this project be denied; that children and school buses will also be travelling the same roads and their safety needs to be considered; that there is prime property available elsewhere and if 15~ of the sales is walk-in, why is this such a large facility? f. John Sheets testified that Overland Road is too tight with the traffic it has currently; that he too is concerned for the children's safety going and coming from school buses. g. Kevin Merritt testified as representative of Meridian Greens Homeowner's Association with approximately 225 homes represented; that he questioned the validity of tests which were conducted and who certified these tests; that it takes trucks several hundred yards to get up to speed and be an impedance to traffic; that possible subs"tances carried could be hazardous; that existing traffic must use Overland; that extra traffic is a hazard; that lighting will be a problem as bright lights FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 10 will be needed to display; that this project is not conducive to the area around it. h. Ted Hanson brought testimony regarding the tiling of the Cook Lateral and if this project went forth that the tiling of that lateral in front of their property be in by the 10th of April, 1996, as it is imperative he gets delivery of his irrigation water further down the line; that he questioned where the drainage would be off this property. i. Jay Reeves testified that he sees this as providing an increase to the City's tax base; that he does see that most of the traffic will draw down Eagle Road to get to this development; that the people who attend and some who have testified have had a negative approach to this application; that he is neither for or against this project since he is not 100 familiar with everything, but that it shouldn't just be thrown out whole handily. j. Mervin Lindley, President of the Locust View Heights Water Users Association testified and submitted a letter to the Council stating that they are concerned with the open ditch that goes through the property adjoining the east boundary of the golf driving range, that is between Overland Road and Interstate 84; that this ditch gets its water through Hunter and Cook Laterals and supplies water to approximately 103 acres of properties north of Interstate 84; that the residents wonder if they will retain easy access to this ditch or whether it will be relocated, tubed, or both, and also concerned with the drainage water coming from this property and how it will be taken care of. k. Lynn Thomas testified that he opposes this application; that this kind of development is not appropriate or compatible to the area; that safety is a concern with an elementary school going in just south of the Sundance Subdivision; that the application use was industrial and now things are different for convenience, like the hours of operation; that he is not comfortable with this proposal and feels Meridian Yellow Freight needs a good neighbor. 1. Mr. Brad Miller, an employee of Ronald W. Van Auker, Inc., who is currently the landlord of Mr. Howell; that Mr. Howell is an outstanding person and businessman who runs a clean operation and that there has never been one complaint made from adjoining property owners, ACRD, or the City regarding his business; that the City of Meridian would be lucky to have him operating his FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 11 • business in the City of Meridian. m. Mr. Green testified that he isn't against growth but that they need to stick with what's at issue. n. Mike Clark testified as he is the owner of The Playground; that with the miniature golf and proposed park site coming in there will be a lot of youth in the area and that this is not compatible usage; that the drainage would have to come across his property and as it is now the drainage doesn't work going out to the freeway because the ditch apparently on the north side of the property can never be cleaned out, consequently creating a back up of water there now, and that these are things that need to be addressed. o. Lou Lous, a resident of Meridian Greens, testified that those opposing this development are people who live, work, and shop in Meridian and that their wishes and desires must be taken in consideration in being against. this business proposal. p. Jim Berquin testified that Overland is not a safe arterial; that just one more truck on that road is dangerous to all the residents along Overland; that this, is not an acceptable project for the City of Meridian. q. Ron Thomas, a resident living on Overland Road east of the proposed site, testified that a school is proposed directly to the south and that traffic is bumper to bumper now and this will only make it worse; that school buses, bikes, and trucks mixing will be bad; that he is concerned due with traffic, about the kids, buses, and trucks; that residents can't get into the traffic flow now as it is. r. Norma Vise testified that she too opposes this proposed. development and raised the question of any plans of widening Overland Road. Councilman Walt Morrow answered that all section line road within the City of Meridian and the impact areas, all section line roads are dedicated to a 90 foot right of way, the build out is to 5 lanes; that there is a projected overpass in the area for South Locust Grove Road to go over the freeway; that the design work for the rebuild of Overland Road has essentially been done and a portion of it is budgeted in the five year transportation capital improvements plan with Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 12 • • s. Becky Bowcutt, representing Gary Voight of Sundance Developing testified that Sundance is in opposition of this project; that this area is residential; that this projected development is industrial use,. not commercial; that 4 acres have been set aside for an elementary school site; that this violates the Meridian Comprehensive Plan 5.6, 5.8, 5.9 (integrity and identity of neighborhood and compatible use); that Overland Road cannot handle the major impact of traffic; that if approved, Sundance will have to evaluate building any homes which would back up to this facility and which, quiet honestly would never sell. t. 1Veta Heitner, testified that the mothers and grandmothers of Sportsman Point or Meadow Greens don't want to have to worry for their children's safety from the streets of these mentioned residential subdivisions. u. David Roylance, a civil engineer representing the Applicant, testified that this property is subject to ACRD impact fees, so this project would help fund the reconstruction of Overland Road; that he tried to reach Gary Voight of Sundance Development to say that he would work with him to soften some of the impacts, but no contact to date has been made; that higher berms, bigger setbacks, directional signs, all these can be worked with to soften the impacts; that a misstatement made by somebody from his staff was made; that the project intends to extend the sewer and water; that water laterals will be tiled; that the statements. referring as to industrial vs. commercial is semantics; that it is not a truck terminal, but a sales office; that changes are not slippery and he thought they would be endorsed and changes made to be compatible, not slippery or evasive. v. Ed and Sheila Cunningham submitted written testimony voicing their opposition to this project for a number of reasons, which include noise level, hours of operation, and impact on traffic flow through the area; that the negative effect this will have on property value in the area adjacent to this proposed project. 13. That the Assistant to the City Engineer, Bruce Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian City Police and Fire Departments, Central District Health Department, and Nampa & Meridian Irrigation District, submitted comments; that those comments are submitted herein by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 13 • reference and are hereby incorporated herein as if set forth in full. 14. That Assistant to the City Engineer, Bruce Freckleton, commented that the legal description submitted with the Annexation and Zoning application needs to be revised so that the northerly boundary is the northerly boundary of Interstate 84 rather than the centerline; that he commented in the application for annexation and zoning for the property in the northeast quadrant of the intersection of Overland Road and Eagle Road, the Power Mall, which comments are equally applicable to this Application, that any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605 M; that any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except for wells may be used for non-domestic purposes. such as landscape irrigation; that off-street parking, paving and striping, drainage plan, outside lighting, and all signage shall be in accordance with City Ordinances; that a profile of the subsurface soil conditions shall be submitted to determine the seasonal high groundwater elevation and that water service to this development is contingent upon positive results from a hydraulic analysis by our computer model; and that specific site comments were the following: a. That the Public Works Department shall be provided with information on anticipated fire flow and domestic water requirements for the proposed site, as this is critical for determining the water serviceability for this proposal; FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14 • b. That at this time this site is not serviceable by the Meridian City Water System or by the Meridian City Sanitary Sewer System; that the Applicant will be required to construct 12 inch diameter water mains from the City's current points of terminus in Overland Rd. to and through the proposed site; c. That assessment fees for water and sewer service are determined during the building plan review process, in addition, Late Comers fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 15. That Shari Stiles, Planning & Zoning Administrator, submitted comments; that details of the landscaping plan are needed for review and approval; that four to six-foot high berms should be included along Overland Road to reduce the impact of headlight glare on adjacent residential property; that City Ordinance requires a minimum of one (1) three-inch caliper tree per 1,500 square feet of pavement, however this requirement is unrealistic for this development, however careful planning of landscaping is required and must be approved prior to obtaining building permits; that I-84 and Overland Road are both designated as entrance corridors in the Comprehensive Plan and therefore require a 35-foot minimum landscape setback; that perimeter and internal landscaping is also required; that five-foot ( 5' ) sidewalks shall be installed; that the proposed realigned subdivision boundary would require a plat to be prepared, as these are not platted lots; that any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance; that a drain ditch currently exists along the eastern property boundary which need to be tiled; that a Certificate of Occupancy is required prior to opening and that occupancy would be contingent upon meeting all zoning, building FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 15 • code, public works, Fire Department and agency regulations; that the possibility lies in that overnight repair work will be needed which would require this facility to be open longer in which case the Applicant may need to provide soundproofing of the service- maintenance shop to avoid disturbing the residential areas; that illumination shall be designed to not cause glare or adversely impact neighboring residential uses and freeway traffic; that a Development Agreement is required as a condition of annexation and that it would be preferable to have a detailed list of conditions in lieu of a development agreement. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and is in the Eastern Industrial Review Area. 18. That it is not known at this time if the property will be able to be physically serviced with City water, if applicant extends the lines; that the ability to provide sewer service to the property is also unknown at this time and the City Engineer did not submit comments prior to the Planning and Zoning hearing regarding providing sewer service to the property. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 16 and other uses. 20. That the following pertinent statements are made in the Meridian Comprehensive Plan and are specifically applicable to this Applicat~.on: 1. Under LAND USE Comprehensive Plan MaE, Page 22 The land use delineations depicted in the Comprehensive Land Use Map are not precise, but rather the Comprehensive Land Use Map represents a long-range vision of community development in generalized areas. The map represents a compilation of input and ideas expressed by citizens, community groups and local leaders. LAND USE GOAL STATEMENT, Page 23 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 1.110 Protect citizen investments in existing public facilities, (water, sewer, streets, fire, police) by encouraging controlled growth through city planning reviews and development agreements. INDUSTRIAL POLICIES, Page 24 3.3 Access to industrial areas from collector and local streets will be discouraged. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. Easter-Eagle Road Light Industrial Review Area, Page 25 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 17 • 3.16U Land uses within the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements. 2. Under TRANSPORTATION, Page 43 Existing Conditions Overland Road, East of Linder, is listed as a Minor arterial. 3. Under COMMUNITY DESIGN Entryway Corridors, Page 72' Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City-designated gateway arterials include the following streets: a. I-84 (East and West entrances) f. Eagle Road (North and South entrances) g. Overland Road (East and West entrances) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement, Page 73 Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. Neighborhood Identify Goal Policies, Page 74 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional 'use permits when appropriate nonresidential uses are proposed. 21. That the property is included within an area designated FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 18 ~. on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Development Area. 22. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: "(C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development." 23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that planned commercial developments, are an allowed use in the C-G district and sales lots are an allowed conditional use in that zone. 24. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: s "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, or 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 or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 19 • s unusual design flexibility to achieve a completely logical and complimentary 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." and a Planned Commercial Development is defined as follows: "Any development in which the principal use of land is for commercial purposes." 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and .with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base, to provide for FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL .PAGE - 20 C~ • school services to current and future students; that the industrial and commercial developments do provide taxes for providing fire, police, emergency health care, water, sewer, parks and recreational services for people that are here, and which will come here. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply. to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 28. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 29. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 30. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21 • ! way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 31. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 32. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 22 i ~ development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 34. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows:. "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set-forth in the 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." 35. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C." 36. The Applicant submitted an Application and materials and documentation for a conditional use permit for a truck/trailer sales and service facility; that such Application, materials and documentation on the conditional use are incorporated herein by this reference as if set forth in full; that the Applicant submitted materials on the conditional use request and did reference how the truck/trailer sales and service facility would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - SOWELL PAGE - 23 • operated; there were comments from the public which pertained to the annexation and zoning and to the conditional use. permit, and such are incorporated herein as if set forth in full for purposes of the application for the conditional use permit. 37. That proper notice was given as required by law and aTl procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS A. 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. B. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. C. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. D. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24 • E. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. F. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. G. That the annexation application has been initiated by the Applicant with the consent of the property owners, and is not upon the initiation of the City of Meridian. H. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). I. 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, and Section 11-9-605 M. , which pertains to the tiling of ditches and waterways. J. That this Application has been difficult for the City to decide because of opposition to the Applications, which could dictate that the Application be denied, and because of the Meridian Comprehensive Plan which shows the land as being in an area shown as a Mixed/Planned Development Area, which could dictate that the Application be approved; that the City Council understands the objections and sympathizes with them on an individual basis and understands the Comprehensive Plan's direction for development of FINDINGS OF FACT AND CONCLU3ION3 OF LAW - HOWELL PAGE - 25 the area; that the duty of the City, however, is not to be specifically controlled by the interests of individual property owners and their concerns; that the Comprehensive Plan is just that, a plan and not a controlling ordinance; but, that it is also concluded that the Meridian Comprehensive Plan should be given the utmost consideration; that there was case law cited in the Planning and Zoning Commission's Conclusions of law that the comprehensive plan is not controlling, but the case law only stated the comprehensive plan is not controlling; it did not state that the Comprehensive Plan should not be considered. Bone v. City of Lewiston, 107 Idaho 844, 693 P.2d 1046 (1984), stated a land use map is not the comprehensive plan, but also stated it is one of the 12 components referred to in Section 67-6508, which go into the making of a plan. K. That the duty of the City is to assess the applications on the basis of the overall good of the City and its citizens; that it is with this duty and background that the City has undertaken to make these Findings and Conclusions. L. That the Applicant has stated in its Supplemental Information and in its presentation to the City at the public hearing, that its proposed use of the property will be a commercial use; that the type and location of the commercial use proposed by the Applicant is in compliance with the Comprehensive Plan, since the Plan states that the area is a Planned Use Development Area. M. That if the property was annexed and zoned, as a condition of annexation and the zoning of C-G, the Applicant would FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 26 be required to enter into a development agreement as authorized by , 11-2-416 L and 11-2-417 D; that the development agreement would address, among, other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605: a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606: a. Bicycle Pathways. b. Storm drainage. c. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fees, adopted by the City, as agreed to by the Applicant in statements by its representative during the public hearing. 3. Addressing access linkage, screening, and buffering. 4. An impact fee, or fees, for park, police, and fire services as determined by the city. 5. Appropriate berming and landscaping. 6. Submission and approval of any required plats. 7. Submission and approval of individual buildings, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 8. Harmonizing and integrating the site improvements with the existing residential development. 9. Establishing a 35 foot landscaped setback as suggested under the Comprehensive Plan and landscaping the same. 10. Addressing the comments of the Planning Director. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 27. 11. The sewer and water requirements. 12. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 13. Traffic plans and access into and out of the development. 14. Meeting the representations made as part of the application and hearing process. 15. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. N. That Section 11-2-417 D of the Meridian Zoning Ordinance. states that, if annexed, a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. O. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian and an annexation and zoning ordinance should be enacted. P. That regarding the conditional use permit applied for, it is concluded, that since the City has concluded that the annexation and zoning is in the best interests of the City, that the conditional use permit should also be granted. Q. That the City of Meridian has authority to grant FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 28 conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; R. 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 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; S. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the Planning and Zoning Commission 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 use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use is in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; that the use should be harmonious with the Comprehensive Plan and .the Zoning Ordinance and the surrounding area, including the residential area, if the conditions required herein are met and maintained. c. If the use meets the requirements herein, the use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. If the use meets the requirements stated herein the proposed use the use would not necessarily be disturbing to existing or future neighboring uses; that the proposed use should be continuously reviewed. e. The property does not have existing sewer and water service available and Applicant shall be required to will be required to fund development of both the water and the Sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 29 • f. If the requirements stated herein are met the proposed use should 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. If the requirements stated herein are met the use should 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, noise, smoke, fumes, glare or odors. h. That there shall be sufficient vehicular approaches to the property so as not to create an interference with traffic on surrounding public streets. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. T. That the requirements of the Meridian City Engineer's office, Meridian Fire Department, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. U. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property would be subject to de-annexation. V. That the Applicant shall be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. W. That the Applicant shall meet the requirements of the Ada County Highway District. X. That these conditions shall run with the land and bind the applicant and his assigns. FINDIN(38 OF FACT AND CONCLUSIONS OF LAW - HOWELL PAC~iE - 30 ~' APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED The City Council of the City of Meridian hereby approves that the property set forth in the application be annexed and zoned and that the conditional use permit be granted under the conditions stated in the above Findings of Fact and Conclusions of law. MOTION: V APPROVED : _1~ DISAPPROVED: 3 "~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 31 r i ORl~11~,~L BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF R. T. NAHAS COMPANY OF IDAHO FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on December 19, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Gene Smith, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for December 19, 1995, the first publication of which was .fifteen (15) days prior to said hearing; that the matter was duly considered at the December 19, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS~CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 1 • or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the project site is located north of and adjacent to Interstate 84 and east of and adjacent to South East 1st Street, in Meridian; that the Eight Mile Lateral and the Nine Mile Drain run in a northwesterly direction through the eastern part of the site. 5. That the Applicant is requesting that it be granted a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral; that the Eight. Mile Lateral has an 80' right-of-way and runs approximately 1300' through the property and the Nine Mile Drain has a 60' right-or-way and runs approximately 200' through the easterly tip of the site. 6. That the owners/developers of Central Valley Corporate Park No. 5 are R. T. Nahas Company of Idaho and Rafanelli & Nahas of Orinda, California; that they have requested this variance from the tiling ordinance and that it is not at the request of the City of Meridian. 7. That Bill Henson, of the Nampa & Meridian Irrigation District, had ,made comment to the 48 inch existing pipe, which is the City of Meridian's size requirement, that the flows in the Eight Mile Lateral through this project would require a much larger pipe than the 48 inch pipe. 8. That the Applicant submitted a letter from John P. Anderson, Nampa & Meridian Irrigation District Water FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 2 Superintendent, stating the maximum flow in the Eight Mile Lateral within Central Valley Corporate Park was at 100 cfs; that the Nine Mile Drain is, and has deemed to be a natural waterway by the City of Meridian. 9. That the Applicant stated in its application that the. maximum 48" pipe the City requires to be used for tiling or covering of laterals will not allow the water flow to pass through; that the Nine Mile Drain is used to drain groundwater from the site and surrounding properties; that piping of this drain, even with perforated pipe, could potentially raise the water table in the immediate area; that piping or tiling of the Nine Mile Drain was not allowed by the Army Corps of Engineers for Central Valley Corporate Park No. 1 as it was deemed a wetland. 10. That the Meridian Fire Department and Police Department submitted comments regarding this application and they are incorporated herein as if set forth herein in full. 11. That no other testimony was heard at the hearing. coNCLVSior~s 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 has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 3 • 11-9-612 of the Development Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the City Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance is noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 6. That the City Council is considering changing the Ordinance regarding the piping of large ditches if the piping would require a pipe larger than 48 inches; that the Ordinance may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are. as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 4 • a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and, the Comprehensive Development Plan. 8. That there does appear to be a specific benefit, profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to the Applicant, and the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted variances where the size of the the would be greater than 48 inches and for the Eight Mile Lateral. 9. That the requirement of tiling ditches is a health and safety requirement; that in a prior variance application it was stated that it may be more hazardous to have the ditch tiled than it would be not to have it tiled and it appears that to require FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 5 • tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 13. That as a condition of granting the variance, the Applicant shall place, and maintain, landscaping, along the Eight Mile Lateral to improve the aesthetics of the property. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 6 ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) • VOTED VOTED VOTED VOTED VOTED DECISION That it is decided the Application for a variance from 11-9-605 M is granted; that the Applicant shall not fence the Eight Mile Lateral; that the Applicant shall place and construct landscaping along the Eight Mile Lateral as a condition of being granted the variance. APPROVED:'-=~~ / DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 7 ~ • ORIGINAL BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF FARWEST DEVELOPERS LOT 1, BLOCK 2 AND 4, SALMON RAPIDS NO. 1 FOR VARIANCE 11-9-605.G FROM 20 FOOT PLANTING STRIP. FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on December 19, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Brian McColl, appearing and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for December 19, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the. matter was duly considered at the December 19, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. 3. That the Applicant requests a variance to City Ordinance FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 • • 11-9-605.G at the entrance to Salmon Rapids Subdivision No. 1, which requires a 20' wide planting strip next to incompatible features such as commercial and residential properties to screen the view from residential properties, thus reducing the size of the berm to the minimum requirement of a 10 foot width. That the Application stated that the berm was originally 10 feet to be aligned with the Sportsman Pointe fence; that the fence being located inside the 20 foot berm is a result of the Applicants action to match the existing berm and fencing at Sportsman Pointe; that due to an error on the developers part, this led the homeowner to believe that they had 10 additional feet, regardless of the property lines; that this variance would not grant the Applicant any special privilege. 4. That the entire property in question is described in the variance application and is incorporated herein as if set forth in full. 5. That the property in the area where the variance is requested is zoned R-4 Low Density Residential District. 6. That the City previously granted a variance to this Ordinance for Albertson's Inc., which is directly southeast of Ten Mile Road, to reduce the 20 foot planting strip to a 10 foot planting strip. 7. That John Shipley testified that until the Ada County Highway District makes its decision, he does not want this variance approved; wants to know that when Locust Grove Road is widened and this variance is approved,-how much more of his property than the FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 • subdivisions will he loose. 8. That Franz Louellen testified that he was aware of where pins were and he was told by Mr. Goldsmith that he could use the 10 feet and was later ignored by Mr. Goldsmith; that at one end of the subdivision the fence is in and at the other end it is out; that he feels he is being picked on and wants the variance approved as it will help him. 9. That Fred Bell testified before the Council stating that he is in favor of moving the fence 10 feet but wishes it to be rebuilt and built to City Code; that he presented pictures to the Council showing sod pallets remaining at the site since September; that he has no privacy and would like the extra room; that he obtained signatures of lot owners who also approve of the fence being moved and submitted to the Council; that the City had informed Mr. Goldsmith that he had to correct everything before he could subdivide but that he had been allowed to develop more lots; that until all things are corrected there should be no development. 10. That the Nampa & Meridian Irrigation District, and the Meridian City Police and Fire Departments submitted comments and they are incorporated as if set forth in full. 11. That City Planning Director, and the City Engineers Department may submit comments and they shall be incorporated herein as if submitted in full. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 • 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 has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-605 G, of PLANTING STRIPS, of the Subdivision anc`i Development Ordinance are noted which are pertinent to the Application: That Section 11-9-605 G 1. states as follows: "1. Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement."; 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: "11-9-612 A. 2., FINDINGS: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 • • a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical. conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That it is concluded that the majority of the people testifying favored the granting of the variance, but that Mr. Shipley's point about Ada County Highway District not having set the standards for the amount of land that it .desires to widen for Locust Grove Road is a reasonable point. 8. That in regards to the Application for a variance from the 11-9-605 G. PLANTING STRIPS AND RESERVE STRIPS., and Section 11- 9-612 A. 2., it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the planting strip Ordinance would clearly be unreasonable, because differing setbacks on fences does not harm the property or the ability to use the property. b. But, that the granting of this variance would not be detrimental to the public's welfare or injurious to the FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 • public, so long as the Applicant meets. the requirements placed on the granting of the variance. c. That the variance would not have the effect of altering the interests and purposes of the Planting Strip Ordinance if the Applicant meets the requirements and conditions for receiving the variance. d. That this variance will not violate the provisions of the Idaho Code; and e. That this variance will not have the effect of nullifying the interests and purposes of this Ordinance or the Comprehensive Development Plan. 9. That it is concluded that the variance should be granted, since Sportman Pointe Subdivision only has a ten foot setback from the roadway, which in all likelihood will be enlarged at some point in the future, and Ada County Highway District has not established the width of Locust Grove Road; that if the width of a roadway is unknown, it is not at all unreasonable to allow the property owners adjacent to the fence to be able to use, at least temporally, the property that is now not needed for roadway purposes; but it is stated to the property owners in Salmon Rapids that abut any fence constructed with less than a setback from the roadway of twenty feet, that Locust Grove Road will likely be widened by ACHD at some time in the future and that ACHD should not take more land from one side of the road than the other. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR RINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application for a variance from 11-9- 605.G, the Planting Strip requirement, shall be granted under the conditions stated herein. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7