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HomeMy WebLinkAbout1990 07-17._~ A G E N D A N~dtIDIAN CITY COiINCIL JULY 17, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD JULY 3, 1990: (APPROVED) 1: REPRESENTATIVE FROM THE MERIDIAN SCHOOL DISTRICT: 2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDA PADDOCK: (APPROVED) 3: ORDINANCE #538: ORDINANCE REZONING THE NORTH PORTION OF LOT 2 BLOCK #2 TEDI SUBDIVISION REQUESTED BY LINDA: PADDOCK: (THIS CONTINGENT UPON CITY COUNCIL APPROVAL OF ITEM #2) (APPROVED) 4: ORDINANCE #537: ORDINANCE AMENDING THE MERIDIAN COMPREHENSIVE PLAN: (APPROVED) 5: REZONE REQUEST BY MAX BOESIGER~ INC.: TABLED AT LAST MEETING: (APPROVED) 6: ORDINANCE #539: ORDINANCE REZONING THE PROPERTY REQUESTED BY MAX BOESIGER~ INC.: (THIS CONTINGENT UPON COUNCIL APPROVAL OF ITEM #5 ABOVE) (APPROVED) 7: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY PLAT ON MISTY MEADOWS SUBDIVISION: (APPROVED) 8: CONDITIONAL USE PERMIT REQUEST BY BRENT & GWEN ALGER AT 114 EAST STATE: (OLD TOWN ZONING) (APPROVED) 9: ORDINANCE #540: ORDINANCE CREATING A LOCAL IMPROVEMENT DISTRICT FOR THE DOWNTOWN PROJECT: (APPROVED) 10: DEPARTMENT REPORTS: MERIDIAN CITY_COUNCIL JULY 17, 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 p.m.: Members Present: Ronald Tolsma, Bob Giesler, Max Yerrington: Members Absent: Bert Myers: Others Present: Dan Mabe, Brent L. Barham, Kevin Robertson, Brent & Gwen Alger, D'Arlene Stutzman, Paui Moroz, Robert Corrie, Gary Smith, Jack Smith, Bill Swartz, Ann Peterson, Alice Culver, Max Boesiger, Joe Haynes, Marty- Valley News: The Motion was made by Tolsma and seconded by Yerrington that the Minutes of the previous meeting held July 3, 1990 be approved as written: Motion Carried: All Yea: ITEM #1: REPRESENTATIVE FROM THE MERIDIAN SCHOOL DISTRICT: Dan Mabe: This evening I would like to give you an executive summary of the school district's situation as the board deliberates towards having a bond issue this fall. Talked about overcrowding in schools. Our plan right now is to .build two schools, one at the site on Chateau and the other one that we'll have to find a site for would be in the eastern part of the District in the area of Joplin. Spoke of a proposed auditorium which would also serve as a civic center. It's primary function would be educational. Would like any feedback you might have concerning this. Your support and input is critical on this issue. Giesler: What was the seating capacity of the old auditorium? Mabe: It was over 1,000 but I'm not sure if it's 1,200. Kingsford: I certainly commend the District for considering that auditorium, I think that's an essential ingredient for us in Meridian. ITEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REZONE REQUEST W/CONDITIONAL USE PERMIT BY-LINDA PADDOCKc Yerrington: I have one comment, my name on the last page is wrong. The Motion was made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Tolsma - Yea; Gieller - Yea; Yerrington - Yea; Myers: Absent: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the rezone and; conditional-request by Linda Paddock. Motion Carried: All Yea: i MERIDIAN CITY COUNCIL JULY 17, 1990 PAGE #2 ITEM #3: ORDINANCE #538: ORDINANCE REZONING THE NORTH PORTION OF LOT 2 BLOCK #2 TEDI SUBDIVISION REQUESTED BY LINDA PADDOCK: (THIS CONTINGENT UPON CITY COUNCIL APPROVAL OF ITEM #2) Kingsford: AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE WOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHOr AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like Ordinance #538 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 538 by passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #4: ORDINANCE #537: ORDINANCE AMENDING THE MERIDIAN COMPREHENSIVE PLAN: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND BY SAID AMENDMENT ADOPTING THE 1990 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY, CHANGE THE MERIDIAN POLICY DIAGRAM TO CONFORM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA BOUNDARY,. MAKE TEXT CHANGES TO CORRECT TYPOGRAPHICAL ERRORS AND REMOVE REFERENCES TO A REGIONAL SHOPPING CENTER AT I-84 AND MERIDIAN ROAD, REMOVE THE PREVIOUSLY PLANNED FRONTAGES ROADS ALONG I-84, CHANGE THE POLICY DEALING WITH DEVELOPMENT INSIDE AND OUTSIDE THE URBAN SERVICE PLANNING AREA BOUNDARY PARTICULARY RELATING TO FIVE ACRE TRACTS, RECOGNIZE THAT SOME OF THE GOALS AND POLICIES OF THE ORIGINAL PLAN ADOPTED IN 1978 HAVE BEEN ACHIEVED, CHANGE THE POLICY RELATING TO COMMERCIAL DEVELOPMENT AT MORE THAN ONE CORNER OF AN INTERSECTION, AND RECOGNIZE THAT IT IS UNLIKELY THAT BRANCH OFFICES OF THE COUNTY LAW ENFORCEMENT AND COURTS WILL BE LOCATED IN MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who wishes to have Ordinance #537 read in its entirety? There was no response. The Motion was made by`Tolsma and seconded by .Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 537 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: REZONE REQUEST BY MAX BOESIGER, INC.: TABLED AT LAST MEETING: Kingsford:. Is there any discussion on the Findings that have been prepared. The Motion was made by Giesler and seconded by Tolsma to approve of the Findings of Fact and Conclusions of Law for Max Boesiger rezone.. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: MERIDIAN CITY COUNCIL JULY 17, 1990 PAGE #3 The Motion was made by Tolsma and seconded by Yerrington to approve of the rezone application as submitted by the applicant. Motion Carried: All Yea: ITEM #6: ORDINANCE #539: ORDINANCE REZONING THE PROPERTY REQUESTED BY MAX BOESIGER, INC.: (THIS CONTINGENT UPON COUNCIL APPROVAL OF ITEM #4 ABOVE) Kingsford: AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS THE NORTH 283 FEET OF EAST 623 FEET OF NEQ NEa OF SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes to have Ordinance #539 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinance be read on three different days be dispensed with and that Ordinance #539 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY PLAT ON MISTY MEADOWS SUB.: Kingsford: At this time I will open the Public Hearing, is there anyone present who wishes to offer testimony. Please come forward and be sworn. Paul Moroz, 2081 NW 8th Street, was sworn by the attorney. Moroz: I do miss the privacy. If in fact this subdivision is developed and the neighborhood increased by nearly 60 residences I do ask the following of the City of Meridian. First that the City of Meridian anticipate the growth by developing a NW 8th Street park to accomodate more kids coming into the neighborhood, that they increase the planting of shade trees in the park and develop crosswalks at the major intersections. Giesler: Does the park get alot of use. Moroz: Yes. Tolsma: Do you have any comments on what type of equipment you would like to have down there? Moroz: Basically things like a basketball court or tennis court, and depending on how great the use possibly 'some restrooms facilities. Just some option where kids can gather rather than on the streets or sidewalks. Kingsford:Is there anyone else from the public who would like to offer testimony on this issue. 'There was no rsspo«e, the public baring was closed. ~ Nbtion wes made by ~ls~a acx7 seo by Yerrington to apl~nve of the Firr3.ixx3s of Fact ar~d Onclusio: is of Law far Misty Mecxbws Subdivisi~. Roll Call Vote: Yerringtsx~ - Yea; Zblsm - Yea; Giesler - Yea: M~ticn Carried: All Yea: ~~ MERIDIAN CITY COUNCIL JULY 17, 1990 PAGE #4 The Motion was made by Tolsma and seconded by Giesler to have the attorney to prepare and Ordinance on the rezone for Misty Meadows Subdivisions. Motion Carried: All Yea: ITEM #8: CONDITIONAL USE PERMIT REQUEST BY BRENT & GWEN ALGER AT 114 EAST STATE:(OLD TOWN ZONING): Giesler: Are you aware of Ada County Highway District comments and do you have any problems with those? Alger: No problem. The Motionwas made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law as prepared. Roll Call Vote: Yerrington-Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve of the Conditional Use Permit for Brent & Gwen Alger at 114 E. State. Motion Carried: All Yea: ITEM #9: ORDINANCE #540: ORDINANCE CREATING A LOCAL IMPROVEMENT DISTRICT FOR THE DOWNTOWN PROJECT: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, RE-ADOPTING AND AFFIRMING FINDINGS FOR THE CREATION OF THE LOCAL IMPROVEMENT DISTRICTS CREATING LOCAL IMPROVEMENT DISTRICT 90-1~ PROVIDING FOR AND SETTING FORTH THE IMPROVEMENTS TO BE MADE SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICTS STATING THAT THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS IS $850~000.00~ OF WHICH AN ESTIMATED $180000.00 IS Ta BE FUNDED BY ASSESSMENTS ON PROPERTY WITHIN THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICTS THAT THE ESTIMATED $180000.00 SHALL BE ASSESSED BY THE FRONT FOOT METHOD AND SHALL BE ASSESSED ON ALL PROPERTY INCLUDED WITHIN THE LOCAL IMPROVEMENT DISTRICT HAVING FRONTAGE ON EAST FIRST STREETS AUTHORIZING NEGOTIATION FOR THE APPOINTMENT OF AN ENGINEER AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS AUTHORIZING UPON THE COMPLETION OF THE PLANS AND SPECIFICATIONS THE ADVERTISEMENT AND NOTICE OF REQUEST FOR BIDS FOR THE CONSTRUCTION WORK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING PURSUANT 2'O 50-1727 IDAHO CODES FOR A PERIOD TO CONTEST THE LEGALITY OF THIS ORDINANCE AND THE PROCEEDINGS AND AUTHORITY HELD AND GRANTED UNDER THIS ORDINANCE, WHICH PERIOD SHALL EXPIRE THIRTY (30) DAYS AFTER PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone who wishes to have Ordinance #540 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 540 be passed and approved. Roll Call Vote: Yerrington - Yea; Gieller - Yea; Tolsma - Yea: Motion Carried: All Yea: • MERIDIAN CITY COUNCIL JULY 17, 1990 PAGE #5 ITEM #10: DEPARTMENT REPORTS: • Tolsma: Why is Ten Mile Road all tore up, is there a reason. Eng. Smith: I knew of the project on Ten Mile Road from Franklin to Cherry Lane and understanding that we had a sewer line project for about a a of a mile south of Cherry Lane I called the Highway District and told them of our plans. We didn't want the overlay to extend to Cherry Lane Road, that if they could cut it off a quarter mile south of Cherry Lane Road that would be fine and would work with our sewer project and then they could come back and finish the overlay after we had the sewer line in. I was told by the Highway District that they could accomodate this. Not to long after I received a phone call stating they were laying asphalt down out there. I called ACRD, I was told they were putting down a coat that levels the asphalt and takes out the unevenness of the road and they had let that part of it get away and they had that done but they were going to hold the final overlay. Kingsford: It was my understading that that was as far as they had gone also. Eng. Smith: I will check in the morning. Kingsford: We have in the past used the Juvenile Court Services people in the park, public works and so forth, because of a change in the law that held us somewhat liable for workman's comp. we discontinued that policy. I think that we have an obligation to help employ and serve those juveniles. I basically need Council's approval to sign this agreement with Juvenile Court Services to use their juveniles in the park. The Motion was made by Tolsma and seconded by Yerrington to authorize the Mayor to sign that agreement. Motion Carried: All Yea: City Clerk Niemann: James Titmus who is connected with Dunton Place Subdivision asked me if the Council would approve these covenants so that we could sign the plat on that subdivision contingent upon the City Attorney and Gary and I reviewing them. The Motion was made by Giesler and seconded by Tolsma to authorize the approval of the restrictive covenants in signing the plat conditioned upon the City Attorney and Jack reviewing those. Motion Carried: All Yea: City Clerk Niemann: The six months is up on the trailer out on Franklin Road, what do you want to do about it? The Motion was made by Giesler and seconded by Tolsma to instruct them to have it moved immediately and clean up the weeds. Motion Carried: All Yea: The Motion was made b~ Giesler and seconded by Tolsma to adjourn at 8:15 P.M.: Motion Carried: All Yea: (TAPE ON FILE) ~ • • ~kflA CO(,~~T`t. fD~:HO _ ~4Ft ._,-._..~.~ AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 ORDINANCE NO'~~ ~• ~~EGORDER `S~~ AN ORDINANCE OF THE CITY OF MERI N, ADA COUNTY, IDAHO, RE- ADOPTING AND AFFIRMING FINDINGS FOR THE CREATION OF THE LOCAL IMPROVEMENT DISTRICT, CREATING LOCAL IMPROVEMENT DISTRICT 90-1, PROVIDING FOR AND SETTING FORTH THE IMPROVEMENTS TO BE MADE, SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, STATING THAT THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS IS $850,000.00, OF WHICH AN ESTIMATED $1$0,000.00 IS TO BE FUNDED BY ASSESSMENTS ON PROPERTY WITHIN THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, THAT THE ESTIMATED $180,000.00 SHALL BE ASSESSED BY THE FRONT FOOT METHOD AND SHALL BE ASSESSED ON ALL PROPERTY INCLUDED WITHIN THE LOCAL IMPROVEMENT DISTRICT HAVING FRONTAGE ON EAST FIRST STREET, AUTHORIZING NEGOTIATION FOR THE APPOINTMENT OF AN ENGINEER AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AUTHORIZING, UPON THE COMPLETION OF THE PLANS AND SPECIFICATIONS, THE ADVERTISEMENT AND NOTICE OF REQUEST FOR BIDS FOR THE CONSTRUCTION WORK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING, PURSUANT TO 50- 1727, IDAHO CODE, FOR A PERIOD TO CONTEST THE LEGALITY OF THIS ORDINA~~AIV~THE PROCEEDINGS AND AUTHORITY HELD AND GRANTED UNDER THIS ORDINANCE, WHICH PERIOD SHALL EXPIRE THIRTY (30) DAYS AFTER PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, over 60% of the owners of property fronting on East First Street have petitioned the City Council to create a Local .Improvement District for the improvement of East First Street; and WHEREAS, the. City Counci 1 and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to create a Local Improvement District along East First Street, Meridian, Idaho. Section 1: The City Council of the City of Meridian having held the hearing for the creation of Local Improvement District pursuant to 50-1709, Idaho Code, and the Council having heard and considered all test mst ony and evidence submitted at said hearing and the council having made findings regarding the creation of .the Local Improvement District at the conclusion of said hearing, the City Council hereby re-adopts and affirms said findings and makes those findings again herein as follows: 1) that the Local Improvement District for the improvement of East First Street will be in the best interest of the property affected and in the District and the City; 2) that there is reasonable probability that the obligations of the Local Improvement District will be paid; and 3) that the value of the property within the proposed District is sufficient for all purposes, and specifically to fund the improvements which will be paid by assessments on the property included within the District. That the City Council further finds herein that no property owner presented testimony, evidence, or cause sufficient to exclude his or her property from the proposed Local Improvement District, or that his or her property would not be benefited by the improvements, and the Council finds that the District boundaries should be established as set forth in Resolution 133; the Council further finds that in excess of 60% of the property owners within the proposed Local Improvement District petitioned the Council for the creation of the District and that such evidences that the District is desireable and in the best interest of the City and its residents in the District. Section 2: That the Local Improvement District is hereby created and shall be known as "Local Improvement District No. 90-1 for Meridian, Idaho"; that the boundaries of said District shall be described as follows: The boundaries of the district are located within the corporate limits of the City of Meridian and include lots and parcels abutting and fronting on East First Street and shall be: bounded on the South of East First Street by Williams treet; oun a on the North of East First Street at a point 4 out o airv~ew Avenue, including the property generally known as the Apollo Cleaners which is Land Parcel No. 86129020670 Lot A, 81ock 5, Amended F. Nourse s hir A it~on; oun a on the ast an est o ast first treet not o excee on eac si a of East First Street, both East and West, and all of East First Street within the above boundaries. Section 3: That Local Improvement District No. 90-1, created above, is formed for the purpose of improving that portion of East First Street within the District with the following improvements: A) To the street surface of East First Street - the reconstruction o t at street and to include the intersections of streets running East and West therefrom. AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 B) To the sidewalks - the construction of new sidewalks to inc u e a brick accent strip within the sidewalk between the main railroad tracks and Carlton Avenue and trees planted at varying intervals along East First Street. C) To the curb a~nd~~ut~ters - the construction of new curb and gutters ate-necessary drainage and irrigation • improvements. D) To the parking facilities - the replacement and reconstruction o on-street and off-street parking and, if necessary, acquisition of land for parking and public open space. E) Other related improvements as necessary to accomplish the above. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephone 888.4481 Section 4: That the estimated cost of the improvements set forth above is $850,000.00 of which approximately $180,000.00 is to be raised from assessments against the property included within the District; that the remaining approximate $670,000.00 of the total estimated cost of the improvements will be-paid by the Idaho Transportation Department and the Ada County Highway District. Section 5: That the estimated $180,000.00 of the total estimated cost of the improvements to be paid by assessments against the property within Local Improvement District No. 90- 1, shall be assessed according to the front foot method, i.e., per foot of property which fronts East First Street, pursuant to Idaho Code, 50-1707, against all benefitted property abutting, mining, and adjacent to East First Street, Meridian, Idaho. Section 6: That the Mayor and City Engineer are hereby authorized to proceed with negotiations with the Idaho Transportation Departrent and Ada County Highway District for the appointment of an Engineer, if necessary, and for the drawing of the plans and specifications for the improvements; that upon preparation of plans and specifications the City Clerk and the City Engineer, or the appointed Engineer, are hereby authorized to advertise for sealed bids for the construction of the improvements. Section 7: That pursuant to 50-1727, Idaho Code, provision for publication of this Ordinance in the official newspaper of the City is hereby made, as required for all ordinances, and for a period of thirty (30) days after such publication any person in interest shall have the right to contest the legality of this Ordinance, or any action or proceeding authorized by this Ordinance; that upon the expiration of said thirty (30) days no contest or proceeding to question the validity or legality of this Ordinance or any action or proceeding authorized by this Ordinance shall be brought in any court by any person for any cause whatsoever, and upon the expiration of thirty (30) days after said publication the validity, legality and regularity of this Ordinance or any action or proceeding authorized thereby shall be conclusively presumed. Section 8: EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval as • • required by law. PASSED by the .City Council and approved the Mayo f the City of Meridian, Ada County, Idaho, thisd day o~ , 1990. m APPROVED: _ -- GRANT P. KINGSFORD ATTEST: STATE OFf IDAHO, ) ss. County of Ada, ) AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83842 Telephone 888.4481 I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled, "AN ORDINANCE OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, RE- ADOPTING AND AFFIRMING FINDINGS FOR THE CREATION OF THE LOCAL IMPROVEMENT DISTRICT, CREATING LOCAL IMPROVEMENT DISTRICT 90-1, PROVIDING FOR AND SETTING FORTH THE IMPROVEMENTS TO BE MADE, SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, STATING THAT THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS IS $850,000.00, OF WHICH AN ESTIMATED $180,000.00 IS TO BE FUNDED BY ASSESSMENTS ON PROPERTY WITHIN THE BOUNDARIES OF THE LOCAL IMPROUEMENT DISTRICT, THAT THE ESTIMATED $180,000.00 SHALL. BE ASSESSED BY THE FRONT FOOT METHOD AND SHALL BE ASSESSED ON ALL PROPERTY INCLUDED WITHIN THE LOCAL IMPROVEMENT DISTRICT HAUING FRONTAGE ON EAST FIRST STREET, AUTHORIZING NEGOTIATION FOR THE APPOINTMENT OF AN ENGINEER AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AUTHORIZING, UPON THE COMPLETION OF THE PLANS AND SPECIFICATIONS, THE ADVERTISEMENT AND NOTICE OF REQUEST FOR BIDS FOR THE CONSTRUCTION WORK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING, PURSUANT TO 50- 1727, IDAHO CODE, FOR A PERIOD TO CONTEST THE LEr,ALITY OF THIS ORDINAL-AN~THE PROCEEDINGS AND AUTHORITY HELD AND GRANTED UNDER THIS ORDINANCE, WHICH PERIOD SHALL EXPIRE THIRTY (30) DAYS AFTER PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE," passed as Ordinance No~, by the City cil and Mayor of the City of Meridian, on e ~~ day of 1990, as the same appears in my office. • • DATED this/~ day~~ o-£~~ 1990. pity cierK, ity of Meridian Ada County, Idaho STATE OF IDAHO,) ~,~__/" ss. County of Ada, ) On thi s day o ~ 1990, before me, the undersigned, Notary Public ~n a or said State, personally appeared JACK NIEMANN, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first d b O V e w r i t t e n . e,t'6~ett~~reees® ,e~ l(" ~ L ' ~ c9n T+•• p~ `~A `~' n (SEAL) ~ ~A ~?.1 N BLIC OR IDAHO . ~. ~ ~~~e.``~.n ~~;' : ~ R S DING AT MERIDIAN, IDAHO ~~ ~, ~}^~, ~,`'" r1y commission expires. 4-1-93 4 s °~'"~'S~.. ~~s y V: s ~~P~ar6ic:atc.~•`• AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counaelore P.O. Box 427 Meridlen, Idaho 83842 Telephone 888.4481 ,,,, Ada Coua~#y, Idaho sB r ®~85 ~ of ~~ ~~~ TII1~E ~ ,~'~ M, DAFE -a.~ __ J sASTIaA ~ A~pEe 1,~ !_~ ~ sy ORDINANCE NO.~~? ~ oep, c~~'x ,~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS THE NORTH 283 FEET OF EAST 623 FEET OF NE 1/4 NE 1/4 OF SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential to (C-N) Commercial, for the following described parcel: The North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: The North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone888-4481 be, and the same is rezoned from (R-4) Residential to (C-N) Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. EFFECTIVE DATE: This Ordinance shall hP in full force and effect frorn and after its passage and approval as required by law and the publication of Ordinance No.i?~'~. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, thisl~~_~l day of~ 7 -~. - , , .. 1990. ATTEST: L APPROVED: MAYOR -- GRANT P. KINGSFORD Y CLERK /-- JACK NIEMANN AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O: Box 427 Merldien, Idaho 83842 Telephone 888.4481 STATE OF IDAHO,) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS THE NORTH 283 FEET OF EAST 623 FEET OF NE 1/4 NE 1/4 OF SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO• AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. by he City Cou and Mayor of the City of Meridian, on the ~ day ~~ 1990, as the same appears in my o ice. DATED this ~f~ day ~ ..-~ 1990. City Clerk, ity of Meridian Ada County Idaho STATE OF IDAHO,) ss. County of Ada, ) On thi s~~ day of u 1990, before me, the unders~gnec~,-a Notary Pu is ~n an f r o said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /~ ~aP •~~~"~ v~s,~w • ~w r w ,,]] ~ ~~ ~ i (SEAL) . a~ ~~~ = otary u is or aho ~ ~~ °~ esiding at Meridian, Idaho ''~`~ ~~~' ~ ommission expires 4/1/93 ~F.~~ ~~. e, ~ aM~ ~~ s ~8j8/8181191\\ AMBROSE, FITZGERALD BCROOKST0N Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4461 ~1 of ~ 71AA~ I M.. QAT~ ~, ~~ 7 ~ ~U J , ~ i3.~ S~ G'~A ~ ~/ C u~R ORDINANCE NO.s~ By L oe~ y ~~ ~ . c AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE SOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential to (C-N) Commercial, for the below described parcel: All that portion of Lot 2, Block 2, Tedi Subdivision North of the Southerly 40.00 feet of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: All that portion of Lot 2, Block 2, Tedi Subdivision. North of the Southerly 40.00 feet of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho. be, and the same is rezoned from (R-4) Residential to (C-N) Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 Telephone 888-4481 _ u • • Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this~~ day of~1~'~-`~- , 1990. APPR D: YOR -- GRAN P. KI GS ORO EST: AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 r • STATE OF IDAHO,) ss, County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE SOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO. KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. --~o~ by t e City Council d Mayor of the City of Meridian, on t~ ~~ day o 1990, as the same appears in my o ice. ' DATED this~~ day of ~ ~ ~, 1990. Clerk, City of Meridian ount_ Idaho AMBROSE, F1T2GERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 STATE OF IDAHO,) ss. County of Ada, ) On this~~~~, day o 1990, before me, the enders gne a Notary u is in an for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~11~~nnry~,i `~~~`~~ pyCi3OC,~~ "Y ,tl ~A ~ Cry A , ~~ ~ v~ p„ r4 ~~ ~) ~~ ~ A (SEAL) m ~ ..~ ,n ~~ p~ d,~ P.,..~a 3 ,,,///~1/1.1011111 ~,` o ary u is or I aho e iding at Meridian, Idaho cgmmissign e.xpirc~s ~f-/1/9? f ~i ORDINANCE NO.~~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND BY SAID AMENDMENT ADOPTING THE 1990 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY, CHANGE THE MERIDIAN POLICY DIAGRAM TO CONFORM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA BOUNDARY, MAKE TEXT CHANGES TO CORRECT TYPOGRAPHICAL ERRORS AND REMOVE REFERENCES TO A REGIONAL SHOPPING CENTER AT I-84 AND MERIDIAN ROAD, REMOVE THE PREVIOUSLY PLANNED FRONTAGES ROADS ALONG I-84, CHANGE THE POLICY DEALING WITH DEVELOPMENT INSIDE AND OUTSIDE THE URBAN SERVICE PLANNING AREA BOUNDARY PARTICULARY RELATING TO FIVE ACRE TRACTS, RECOGNIZE THAT SOME OF THE GOALS AND POLICIES OF THE ORIGINAL PLAN ADOPTED IN 1978 HAVE SEEN ACHIEVED, CHANGE THE POLICY RELATING TO COMMERCIAL DEVELOPMENT AT MORE THAN ONE CORNER OF AN INTERSECTION, AND RECOGNIZE THAT IT IS UNLIKELY THAT BRANCH OFFICES OF COUNTY LAW ENFORCEMENT AND COURTS WILL BE LOCATED IN MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to amend the Comprehensive Plan of the City of Meridian; WHEREAS, the Planning and Zoning Commission of the City of Meridian instituted proceedings to amend the Comprehensive Plan of the City of Meridian by petitioning for amendment; and WHEREAS, all of the requirements of the Local Planning Act AMBROSE, FITZGERALO &CROOKSTON Attorneys and Counaelore P.O. Box 427 Merldlen, Idaho 83842 Telephone 888.4481 of 1975, Chapter 65, Title 67, Idaho Code, and all of the requirements of the amendment procedures of the Comprehensive Plan of the City of Meridian have been met, including adoption of findings of fact and conclusions of law; and WHEREAS, Section 67-6509 (c), Idaho Code provides that ORDINANCE PAGE - 1 i • Comprehensive Plans and amendments thereto may be adopted by reference; WHEREAS, Section 2-1102 of the Revised and Compiled Ordinances of the City of Meridian was previously adopted to amend the Comprehensive Plan of the City of Meridian and whereas it is in the best interest of the City to amend the Comprehensive Plan by amendment of Section 2-1102 and incorporation of said amendments by reference in that section; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAFIO: SECTION 1: That Section 2-1102 of the Revised and Compiled Ordinances of the City of Meridian is hereby amended to read as follows: 2-1102: AMENDMENTS TO THE PLAN: The amendments to the Comprehensive Plan of the City, which were processed pursuant to the Meridian Comprehensive Plan and i:Title 67, EChapter, Idaho Code, are hereby adopted by the City and said Comprehensive Plan is hereby deemed amended as provided in said amendments; the amendments have respective dates of April 2, 1984, February 19, 1985, September 3, 1985, ar~~ January 3, 1989, and July 17, 1990. Said amendments to the Comprehensive Plan of the City are hereby adopted by reference thereto above, as authorized by section 67-6509 (c) and 50-901, Idaho Code, but said amendments are incorporated herein as if set forth in full. Three (3) copies of said amendments are on file in the office of the City Clerk, City Hall 33 East Idaho Street, Meridian, Idaho. All said amendments are hereby authorized to be set fort in manna orm an copes mainta~ne in the o ice o the ity er . SECTION 2: EFFECTIVE DATE: WHEREAS, there is an AMBROSE, F1T2GERALD 8 CROOKSTON Attorneys and Counaelora P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 emergency therefor, w-hick emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after ORDINANCE PAGE - 2 its passage, approval and publication according to law. PASSED AND APPROVED this 17th day of July, 1990. CITY OF MERIDIAN B Y : i~%Lkr'~ A K N D, Y R ATTEST: AMBROSE, FITZGERALD & CROOKSTON Attorneys and ORDINANCE PAGE - 3 Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8884481 • • BEFORE THE MERIDIAN CITY COUNCIL BOESIGER, INC. REQUEST FOR REZONE 1302 EAST FIRST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The .above entitled matter having come on for public hearing May 15, 1990, at the hour of 7:30 o' clock p.m., and tabled at various times since then, and coming on again for hearing on July 17, 1990, the Petitioner appearing through Max Boesiger and Chris Korte, and the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the rezone request AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 15, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 15, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 • • 2. That this property is located within the City of Meridian and is described in the application, which description is incorporated herein as if set forth in full and is at the Southwest corner of the intersection of Linder Road and Cherry Lane; the property is presently zoned R-4 Residential and is and has in the past been used as farm ground; the proposed use of the property is to locate neighborhood convenience shopping and possibly a day care center. 3. That most of the surrounding property is zoned R-4 Residential, however the property. to the East across Linder Road is zoned C-N, Neighborhood Business. 4. The Applicant requests that the property be rezoned from R-4 Residential to C-N Neighborhood Business (C-N). 5. That the property is contained in the WARRIOR neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: NEIGHBORHOOD: "The neighborhood is a residential area wit uni orm characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one-and-one- half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 6. That the C-N District is described in the Zoning AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888.4481 Ordinance, 11-2-408 B. 6 as follows: (C-N) NEIGHBORHOOD BUSINESS DISTRICT: The purpose of the C-N District is to permit t e establishment of FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 2 i • small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall have direct access to transportation arterials or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 7. That the uses proposed by the Applicant are allowed in the C-N District except for the day care use which requires a conditional use in any zone. 8. That the property to the west is presently farm ground but is proposed to be developed for residential purposes; the property to the east is presently vacant but is zoned (C-N); the property to the south is farm ground but is proposed to be developed as a residential subdivision; the property to the north is a residence, and farm ground. 9. That the property is a parcel of ground that is approximately 4 acres in size. 10. That the property can be connected to City sewer and AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 water. 11. That Cherry Lane is designated as a principal arterial and Linder Road is designated as a minor arterial. 12. That while the southeast corner of Linder Road and Cherry Lane is designated as C-N, there presently is no development on that property; that there is no existing commercially used property within one-half mile of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 3 property; that the City has amended its Comprehensive Plan to remove therefrom the policy that limited commercial development to only one corner of an intersection. 13. That there was no public testimony at the public hearing objecting to the proposed use. 14. That comments were submitted by the City Engineer, Nampa & Meridian Irrigation District and the Ada County Highway District; those comments are incorporated herein as if set forth in full herein. 15. That the Applicant submitted a Commercial Analysis for the property prepared by Chris Korte. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Complied Ordinances of the City of Meridian, Idaho. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 and state. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 • 4. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the basis of guidelines contained in Section 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of .the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. The policy regarding only one commercial development at intersections having been deleted from the Plan. (b) The area is in the WARRIOR neighborhood which allows some commercial uses and a rezone of the subject property is in line with that designation. (c) The area included in the zoning amendment was not intended to be developed in the future in the fashion that would be allowed under the new zoning but the zoning of the southeast corner of Linder and Cherry Lane indicate the new zoning would not be contrary to the allowed uses in the area. (d) The roads have been widened at the intersection which tend to dictate that the area may lend itself to be rezoned for a commercial. use. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8884481 (e) That the property should be designed and FINDINGS OF FACT AND CONCLl1SIONS OF LAW PAGE - 5 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Boz 427 Merldlen, Idafto 83842 Telepftone 8884481 • constructed to be harmonious with the surrounding area, and such is a requirement and condition of the rezone. (f) The proposed uses would not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property should be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would. not be detrimental to the economic welfare of the community but should in fact be beneficial. (i) The proposed uses will not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone wi 11 not result in the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. The development of the property should not create a tendency towards strip development. 8. That the comments submitted by the Nampa & Meridian Irrigation District, Ada County Highway District, and the City Engineer as incorporated herein shall be a requirement for the rezone. 9. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to occupancy and thereafter; that development shall be subject to design review FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 6 :7 pursuant to 11-2-410 C; that the approval of this rezone does not necessarily indicate approval of the use of the property for a day care faci 1 i ty, the Applicant will have to apply for a conditional use for a day care facility if such is proposed to AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho e3642 Telephone888-4461 be located on the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 7 ,~ i +~ Councilman Max,Yerrington Councilman Bob Giesler Councilman Bert Myers Councilman Ron Tolsma Grant P. Kingsford (Tie Breaker) DECISION AND RECOMMENDATION AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Voted Voted Voted Voted_~~ Voted The Meridian City Council hereby approves the Rezone requested by the Applicant for the property described in the application, subject to the conditions stated herein and the City Attorney is directed to prepare an Ordinance rezoning the property. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 8 ~~ .• BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN LINDA PADDOCK REZONE AND CONDITIONAL USE PERMIT 1717 CRESTMONT DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 3, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Guy Walker, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 3, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 3, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8883481 Meridian and the Applicant has an agreement to purchase the property which property is described in the application which description is incorporated herein; that the property to the south is zoned C-N and is used for an insurance office and another parcel of property to the south is a vacant lot and is • zoned C-N; that one parcel of property to the east is zoned C-N and is used as a convenience store; the property to the west is used predominantly for single family dwellings; the property to the north is used for multi-family dwellings. 3. That approximately one-half of the property is already zoned Neighborhood Commercial and one-half is zoned R-4 Residential; that the Applicant requests that the portion zoned R-4 be rezoned to C-N; that both of the zones require a conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the C-N District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (C-N) Nei hborhood Business District: The purpose o the C-N istr~ct is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal-Water and Sewer systems of the City of Meridian and shall not constitute all or any part of a strip development concept. 5. That the property is contained in the CAIRNS AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4461 neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: • • "Definition: The neighborhood is a residential area with uni orm characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 6. That the use proposed by the Applicant is set forth above and the Applicant proposes to care for 45 to 50 children and indicates that she will be state licensed. 7. That the day care use proposed by Applicant is an allowed conditional use in the R-4 or the C-N districts; that the conditional use procedures in 11-2-418, requires the Applicant to state that the proposed use does not violate any subdivision covenants or deed restrictions; that Guy Walker, representative of the Applicant, stated at the Planning and Zoning hearing that there were no covenants applicable to the property which would prohibit the use but the Applicant did not state in her Application that her use would not violate subdivision covenants or deed restrictions; that the covenants do state as follows: "(a) Lot 1 of Block 1, and Lot 1 of Block 2, and the South 40 feet of Lot 2 of Block 2, are to be zoned "C" Commercial, ..." (b) All other lots are to be residential or to be used for multiple units by combining several lots or portion of lots, .. ... , AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone888.4481 that the Applicant submitted a letter from Jack C. Riddlemoser, Attorney at Law, opinioning that the covenants did not restrict the use of the North one-half of the lot for other than • • residential purposes. 8. That the subject property is presently vacant but has been used in the past as a shelter home for the elderly and for those in need of supervised care; that the structure on the premises is designed as a single-family dwelling; that the property is fenced; that the property has no irrigation canals or facilities on the property; that there are no visible hazardous areas on the property. 9. That at the time of the Planning and Zoning hearing the property did not have immediate direct access to a transportation arterial or collector but was only approximately 110 feet from Cherry Lane which is a principal arterial and the property has good access to Cherry Lane; that subsequent to the Planning and Zoning hearing the Applicant obtained the ability to use a lot West of Lot 1, Block 2, Tedi Subdivision, which Applicant now proposes to use for parking of visitors and as a drop-off/pick-up area for children; this new lot has direct access to Cherry Lane which is a major arterial; that vehicular access should not be a problem and the proposed use does not require greater access. 10. That sewer and water is already connected to the AMBROSE, FIT2GERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 property, but the use may require additional charges or fees. Also, the City Engineer submitted comments which are incorporated herein as if set forth in full herein; that the comments specifically address, in addition to the possible increase in water and sewer fees, the need for off-street parking and screening of the parking from the adjacent • AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone BBB-4481 residential developments. 11. That the applicant was not required to obtain the. signatures of owners of lots within 300 feet of the subject property showing approval of the application if the rezone is granted since the conditional use would not be a residential district; if the rezone is not granted, but the Applicant still desires to operate the day care center, the Applicant would have to submit the required approvals. 12. That there was testimony submitted in opposition to the application; that a petition was submitted in evidence which objected to the granting of the conditional use for a day care center; that the reasons cited in the petition as grounds for objecting relate to traffic; testimony was also given objecting which objections centered on requesting that the area maintain its peaceful and quiet residential character, concern over adequate parking, and concern over the possibility of increased noise from the day care, all of which may reduce property values. At the Planning and Zoning hearing there was one individual testifying in favor of the Application and he owned the property to the immediate south of the subject parcel which is used for his insurance office. He testified that he did not think that the traffic would be a problem and thought the application should be granted. 13. That the proposed use now includes a drop-off and pick-up area that. would have access directly to Cherry Lane; this area would also be used for visitor parking. 14. Applicant's representative testified that the parking • area East of the parcel would only be used for employees and would not be used for child drop-off or pick-up. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant AM BROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone888-4481 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; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; that the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. 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 City Council shall review applications for Conditional Use Permits; • that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic should not increase significantly because of the proposed da.y care center, and due to the drop-off and pick-up area having access from Cherry Lane, the residential area North of the parcel should not see an increase in traffic due to this proposed use. e. The property has sewer and water service already connected. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application wi 11 meet the requirements of the City ordinance due to the change in the parking and pick-up and drop-off area. i. The development and uses will not result in the destruction, loss or damage of AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counaelora P.O. Box 427 Merldlen, Idaho 83842 Telephone 888.4481 • a natural or scenic feature of major importance. 6. The conditional use procedures require that the Applicant state that the use does not violate covenants or restrictions; that the Applicant's representative stated at the Planning and Zoning hearing that the use did not violate the covenants; the restrictions set forth in the covenants in paragraph 7 of the Findings of Fact are not clear whether the use would violate the residential restrictions; it is clear that the South 40 feet of the subject parcel may be used commercially under the covenants, but it is not clear whether the rest of the lot may be used commercially; the language does not specifically address the northern portion of the subject parcel or its allowed uses. The language is ambiguous as to whether the north portion of the subject lot is included in the allowed commercial. area or whether the north portion is included in the language "all other lots" since it is only a part of the lot and the southern part is specifically allowed to be used commercially. It is generally held that where an ambiguity in restrictive covenants exists, that since such covenants impede the free use of land and restrict commerce and trade, that the ambiguity should be resolved in favor of the least restriction. It is therefore concluded that due to the ambiguity regarding the allowed use of the northern portion of the subject parcel that the residential restriction should not apply and the covenants do not barr the proposed use. Such construction is also in line with the opinion of Jack C. Riddlemoser, submitted by the Applicant. I.t is also concluded that it is in the best • • interest of the City to have uniformity of zoning for one small parcel of ground and since the property has been used in the past commercially as a shelter home that it is logical to have the entire lot zoned commercial, rather than residential. 1. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11- 2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the CAIRNS neighborhood which is designed for residential and other uses which support residential needs and a mix of those uses and a rezone of the subject property is in line with that designation, particularly since one-half of the parcel is already commercially zoned. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 (c) It is difficult to determine whether the area included in the proposed zoning amendment was or was not intended to be developed in the fashion that would be allowed under the new zoning but the fact that the other one-half of the lot is already zoned C-N indicates the new zoning would not be contrary to the allowed uses in the area and would be in line with existing adjacent developments in the area. • • (d) The access to Cherry Lane is good and Cherry Lane meets the requirement of the C-N district that 1 and zoned C-N have .access to a col lector or an arterial and thus the property lends itself to a rezone. (e) That the property is designed and constructed to be harmonious with the surrounding area. (f) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is completed. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrirental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 9. It is further concluded that the comments, AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldien, Ideho 83842 Telephone 888.4481 recommendations and requirements of the City Engineer will have to be met and complied with. 9 ~ ' APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN RON TOLSMA VOTED -~0~, COUNCILMAN BERT MYERS VOTED COUNCILMAN 606 GIESLER VOTED__a%~,t~ COUNCILMAN ~{,lk~T YERRINGTON VOTED ~`+~C, GRANT P. KINGSFORD (TIE BREAKER) VOTED DECISION AMBROSE, FITZGERAID &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83842 Telephone 888.4481 The Meridian City Council hereby approves the Rezone and the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. The conditional use should be subject to annual review upon motion by the City, and the conditional use is granted subject the parking area on the east be used solely for employee parking, and that all children, except employee's children, be dropped off and picked up in the parking area south of the subject parcel and which has access on Cherry Lane. The City attorney is directed to prepare an ordinance for the rezone. MOTION: APPROVED: ~ DISAPPROVED: