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Home My WebLink About1996 11-26~ ~ MERIDIAN CITY COUNCIL NOVEMBER 26. 1996 The special meeting of the Meridian City Council was called to order by Council President Walt Morrow at 6:08 P.M.: MEMBERS PRESENT: Ron Tolsma, Glenn Bentley, Charlie Rountree: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief Gordon, John Fitzgerald II: Morrow: I will entertain a motion for the Council to go into Executive session. Bentley: So moved Tolsma: Second Morrow: Moved and seconded to go into Executive Session, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Morrow: Let the record show that we are returning from Executive Session at 6:35 P.M. and no decisions were made in the Executive Session. Is there a motion to adjourn? Rountree: So moved Tolsma: Second Morrow: It has been moved and seconded to adjourn the special meeting for November 26, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 6:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTES WILLIAM G. BERG, JR. C ~~`~'~ IOW, C ~``,\,, ~~ j,~f'~i ~ ~rFO .. ;. c I~.AL '' ,~~ ~~ ~'~,,~~p~~r ~s~ ~ P•~~,.~' NCIL PRESIDENT ~ ~ MERIDIAN CITY COUNCIL NOVEMBER 26 1996 The special meeting of the Meridian City Council was called to order by Council President Walt Morrow at 6:08 P.M.: MEMBERS PRESENT: Ron Tolsma,. Glenn Bentley, Charlie Rountree: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari ,Stiles, Chief Gordon, John Fitzgerald II: Morrow: I will entertain a motion for the Council to go into Executive session. Bentley: So moved Tolsma: Second Morrow: Moved and seconded to go into Executive Session, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Morrow: Let the record show that we-are returning from Executive Session at 6:35 P.M. and no decisions were made in the Executive Session. Is there a motion to adjourn? Rountree: So moved Tolsma: Second Morrow:' It has been moved and seconded to adjourn the special meeting for November 26, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 6:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: WALT MORROW, COUNCILPRESIDENT ATTEST: WILLIAM G. BERG, JR. CITY CLERK OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney November 4, 1996 ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN E L C ENN R. BENTLEY G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor Nlr. Mayor & Meridian City Council Members: In August of this year, Mr. Mick Bell, representing the residents of S. Mr. Tink Pl. in Los Alamitos Subdivision, requested a street name change. The Ada County Street Name Committee reviewed this request and approved "S. River Downs Pl." to replace "S. Mr. Tink Pl." Ada County Engineer, John Priester, has requested that Meridian City Council formally approve the street name change with the understanding of the residents of Mr. Tink Pl. that the City of Meridian assumes no financial responsibility of any expenses that may result from this street name change. (i.e. printing of new checks, street signs or any other expenses) Sincerely, ~~~ Cheryl Sable, City of Meridian Ada County Street Name Committee Member Y~~~ ~~ ~~CEIV~'~ SUBI~IVISI~N EVALUATION SHEET NQV 0 1 1996. ~ a~ ~~~Rrola~~ Proposed Development Name LOS ALAMITOS .City Meridian Date Reviewed 10/31/96 Preliminary Stage Final Engineer/Developer The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. ~L ' The grooo5ed street name "S. RIVER DOWNS~ay be used uaon written approval of Ada County Highway District in order to replace the current street name "S MR TINK PLACE° The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE , GENCY P E ENTATIVES OR DESIGNEES Ada County Engineer John Piiester Date /0 Ada Planning Assoc. Ann Hurley :~ ~, Date I ~ / ~~ ~ City of Meridian Representative Fire District Meridian ~ Representative Date 10 :3/- 9b Date ~~ ~ _ ~~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the '"final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS_,t/~,4r TR~.SU8SISM CITY.FRM FROM :DEVELOPMENT SERVICES ~ 2D83642406 -- I I Ada County l?lanniug & Zoning j 413 E. Idaho Street Boise, ID Attn_ Teary Raynor 1~1-04 12:Id7 #696 P.01/01 V1/e, the undersigned, are residents of S. Mr_ Tink Place in Los Alamitos subdivision cihy o~f'Meridian, Ada County, Idaho. We are requesting our street name be changed from S_ Mr_ Tink Place to Belmar Place. art IZ I +.cr Dar..+"s Thank you far your review and consideration of this request_ NAME ~s r I :i .~ c ~ City of Meridian Plaaaing & Zoning County Street Nsme Committee ApDRESSlDATE ~'9~ 1"1~~ ~~~ lS u~~ -~--~ o l~l~-;~~~ ~~~~ ~ ~ , ~. ~~, ~~ s ~ ~~. ~ ~ rgec~ Mc~'-~t'. ~ -~ /-2 ~~;~~~ ~~ SUBDIVISION E~/ALUAI`ION SHEET N 0 V - 4 196 Proposed Development Name LOS ALAMITOS City Meridian ~ ~F ~ER1f1IA1~ Cate reviewed 10/31/96 Preliminary Stage Engineer/Developer Final The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this .development in accordahce with the C~oise City Street Name Ordinance. ~L . ~i q~gposed street name "S RIVER DOWNS~ay be used upon written approval of Ada County~jjg~y District in order to replace the current street name "S. MR. TINK PLACE". ~~ The above street name comments have been read and approved by the following agency representatives of the;ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNtY STREET NAME COMMITTE , GENCY P E ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date /0 Ada Planning Assoc. Ann Hurley Date G ~ ~ City of Meridian Representative ~ Date ~D :3/- 9~v Fire District Meridian Representative ~`~".~~ Date ~~ ~ _ ~~ NOTE: A Dopy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed IUI Sub Index Street Index 3N 1 E 20 Section NUMBI=RING OF LOTS AND BLOCKS d/~A~~ TR~4UBSISM CITY.FRM ~~~EIVE'~ SUB~ISI~N EVALUATIQN SET NQV 0 1 1996. ;ITS O} ~IERIDIAh Proposed Development Name LOS ALAMITOS .City Meridian Date ~2eviewed 10/31/96 Preliminary Stage Fina! EngineeNDeveloper The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County F~gineer) regarding this development in accordance with the Boise City Street Name Ordinance. ~~-' Th o ose na e "S. V N~ e d a t o Ada Countv Hiahwav District in order to replace the current street name "S MR TINK PLACE" Ada County Engineer John Priester Date /0 Ada Planning Assoc. Ann Hurley •, Date ~ ~~ ~ City of Meridian Representative Date /D 3/- 9b Fire District Meridian • Representative ~~'~'-.~~ Date ~ ~'" NOTE: A Dopy otthis evaluation sheet must tie presented to " ' the Ada County Engineer at the time of signing the final plaY , o~erwise the plat will not be signed IUI Sub Index Street Index $N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS d/~A. TRISUBSVSM CITY.FRM The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEF~GENCY E~ENTATNES OR DESIGNEES • BEFORE T8E MERIDIAN CITY COUNCIL SELECT DEVELOPMENT AND CONTRACTING, ING. CONDITIONAL USE PERMIT WEST OVERLAND AND INTERSTATE 84 MERIDIAN, IDA8O FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application was heard by the Meridian Planning and Zoning Commission on September 16, 1996, at the hour of 7:30 o'clock p.m. on ,said date and the Commission adopted and approved Findings of Fact and Conclusions of Law at the Commission's meeting on October 8, 1996, the Application came on for consideration before the Meridian City Council on October 15, 1996, without a public hearing as allowed by 11-2-418 E., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Becky Bowcutt, appearing, and the City Council having considered the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission, the comments of the Applicant's representative, and the matter, the Meridian City Council makes the following Amended Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The City Council hereby adopts and approves of the Meridian Planning and Zoning Commission's Findings of Fact and incorporates them herein; that any statements, findings, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 SELECT DEVELOPMENT conclusions, or recommendations made herein that are in .conflict with the Meridian Planning and Zoning Findings of Fact shall overrule the actions of the Commission. 2. The City Council hereby finds that Applicant's representative, Becky Bowcutt, stated and represented, among other things, that Applicant would provide a light plan, that it would be open 10:00 a. m. to 10:00 p. m. on weekdays and 10:00 a. m. to 12:00 p. m. on weekends, and that it would functions like Wild Waters, at I-84 and Cole Road; also, that they had no plans for the vacant space shown on the drawing but it would be a grassed area with picnic tables and they plan continual landscaping to the east; she also had questions about the comments of the Ada Planning Association comments regarding sidewalks, particularly about a raised sidewalk being constructed between the parking and the entrance, and the authority of APA to comment; she stated that there is not enough room for sidewalks between parking isles and questioned if APA comments had to be met. She stated that SELECT DEVELOPMENT AND CONTRACTING, INC. place of business would be on Lot 5. She later commented that she believed the conditions of approval are in order. 3. Jonathan Seel, an Applicant representative, commented that they would carry the tree requirement to the next lot so that there would be continuity and that requirement could be put in the specifications. In response to Gary Smith's comment about there being no trees in the sewer easement, he stated Nampa & Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 SELECT DEVELOPMENT • • Irrigation District comment was that they would absolutely not allow any thing other than grass or gravel in the easement adjacent to the Ten Mile Drain. 4. Councilman Walt Morrow commented that the original approval was predicated upon the landscaped areas, mentioned above, being maintained by an owner's association but that would not be the case as now set forth and the land would not be usable by other property owners; Mr. Morrow asked- Ms. Bowcutt if the proposal really was to take this area in its entirety out of the owners association, to which she responded that that was correct and that the whole intent is to create something that is visibly attractive. Mr. Morrow then asked her if there was going to be any berming, to which she stated-that she could not say that there was not going to be any berming. Next to the highway (I-84) she indicated that there was no plan whether that would be flat or bermed, but the Applicant would do what the City Council desired. Mr. Morrow then asked Ms. Bowcutt if what had been explained would be a requirement by the Developer to carry that theme out the full length of the subdivision in both phases, to which she responded that that was correct. Mr. Morrow commented towards the end of the discussion that from his perspective the common landscaped area is that we approved the plat and the preliminary plat with those things in place and the common area lot should be left in tact and almost at the end of the discussion stated that the issue is that either we have a FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 SELECT DEVELOPMENT ~ ~ common lot area and get what it is we are after or we do not have common lot areas and my perspective of the proposal is that the project should have a common lot area and that it should be left in tact. 5. Councilman Rountree commented that the landscape plan should be submitted for approval consistent with what Mr. Morrow said and that the City maintain that common lot concept. 6. Gary Smith, Meridian City Engineer, commented that the landscaping over the sewer easement cannot have trees in it and that lots 8, 9, 10, and 11 do not have a common lot and that there would be a landscape problem if the sewer remains on the easement side of lot 5. CONCLUSIONS 1. The City Council hereby adopts and approves of the Meridian Planning and Zoning Commission's. Conclusion of Law and incorporates them herein; that any statements, conclusions, or recommendations made herein that are in conflict with the Meridian Planning and Zoning Conclusions of Law shall overrule the actions of the Commission. 2. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 4 SELECT DEVELOPMENT granted, but that, as required and stated above in this paragraph, it should be subject to development review guidelines. 3. In addition to those Conclusions mentioned in the Meridian Planning and Zoning Conclusions of Law, the Applicant shall also be required to do, and perform the following Conclusions and if they are in conflict with the Conclusions of the planning and Zoning Commission these Conclusions shall prevail, to wit:. a. Meet the requirements of the development agreement that was, or will be, entered into by Applicant's predecessor in title. b. Meet the requirements and comments of the City Engineer, the Assistant to the City Engineer, and the Planning and Zoning Administrator, all at Applicant's cost and expense; these requirements shall include preparation and submittal for approval of a landscaping plan with common lots titled in the name of the property owner's association; all of the landscaping Ordinances of the City shall be met and complied with; the landscaping shall include appropriate berming and landscaping; the required landscape set backs along all roads, including I-84, shall be met. c. Establish a 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same which shall be along Overland Road. d. Submit for approval an individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. e. Work with the Meridian City Engineer on moving and relocating the Ten Mile Trunk Sewer Line, if required, and place no trees of shrubbery in the easement for that sewer line. F. Meet all of the representations made by the Applicant's representatives unless they are in conflict with the other requirements stated herein or the Meridian Planning and Zoning Findings of Fact and Conclusions of Law or Meridian City Ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 SELECT DEVELOPMENT ~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION The Meridian City Council of the City of Meridian hereby decides that the Conditional Use Permit for the property set forth in the application should be, and is, approved under the conditions set forth in these Findings of Fact and Conclusions of Law and those of the Meridian Planning and Zoning Commission; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and those of the Commission, the Conditional Use Permit is not approved. MOTION: APPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/ SELECT DEVELOPMENT DISAPPROVED: Page 6