HomeMy WebLinkAbout1992 03-07i
A G E N D A
MERIDIAN CITY COUNCIL
MARCH 17, 1992
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD MARCH 3, 1992: (APPROVED)
1: PAT DOBIE, ACHD: IMPACT FEE AGREEMENT WITH CITY OF MERIDIAN: (APPROVED)
2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REZONE REQUEST W/
CONDITIONAL USE PERMIT FOR PUD ON HUNTERS GLENN: (APPROVED)
3: ORDINANCE #575: ORDINANCE REZONING PROPERTY AT NORTH END OF
EAST 5TH STREET: HUNTERS GLENN: (APPROVED)
4: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT: STRASSER
FARMS : (ORDINANCE TO BE PREPARED )
5: FINAL PLAT: MERIDIAN MANOR #7: (APPROVED)
6: COVENANTS ON MERIDIAN MANOR #7: (APPROVED)
7: DOUG KOWALLIS: NAHAS-BENOIT COMPANY: (CUP RECOMMENDED)
8: DON STEPHEDTS, CAPITAL CHRISTIAN CENTER, REQUEST TO CONNECT TO
CITY SERVICES : (RECOMMENDED APPROVAL )
9: DEPARTMENT REPORTS:
•
MERIDIAN CITY CO_U_NCIL MARCH 17. 1992
The regular meeting of the Meridian City Council was called to
order by Mayor Grant Kingsford at 7:30 P. M..
Members Present: Ron Tolsma, Bob Giesler, Bob Corrie, Max
Yerrington:
Others Present: Stan Olson, Doug Kowallis, David Holman, Frank
Thomason, Kevin A. Jones, Walter Casey, Hi 11 Briggs, Bi 11 Gordon,
Gary Smith, Wayne Crookston, Jim Johnson, Robert Strasser:
MINUTES OF THE PREVIOUS MEETING HELD MARCH 3, 1992:
The Motion was made by Tolsma and seconded by Giesler to approve
of the minutes of the previous meeting held March 3, 1992 as
written:
Motion Carried: All Yea:
ITEM #1: PAT DOHIE, ACRD: IMPACT FEE AGREEMENT WITH CITY OF
MERIDIAN:
Pat Dobie: I have an agreement here that I'd like to distribute
to you.
Kingsford: For the Council's information, Jack and I and Mr.
Crookston have reviewed this and made comments back.
Dobie: September of last year the Ada County Highway District
adopted an impact fee ordinance. The purpose of the Ordinance
was to establish a process to allocate the cost of the new road
infrastructure needed to support growth in the community and to
allocate it to the new development. The other purpose of the
Ordinance was to replace the current exaction program that we
could only use to require developments to improve the road
frontage adjacent to their properties. The impact fees are to be
assessed against all new development at the time that the
building permit is issued. The basis for the fee is based upon
the size of the structure and the traffic generation of the use.
It is a flat rate for residential uses in the neighborhood of
X600 to X900 at full fee and variable rates for commercial. The
money collected from the impact fee are to be used in a benefit
zone in and around the City of Meridian. It's currently estimated
that there is about twelve million dollars worth of future road
improvements in this area in order to keep pace with expected
growth. What you have before you is a cooperative agreement
between the Highway District and the City of Meridian relative to
the collection of these impact fees. Under this agreement the
City would agree to withhold the issuance of a building permit
until the fees have been paid to the highway district. In
addition, the highway district will indemnify the City and pay
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MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE 2
them the sum of X22,000.00, which is the estimated cost of the
Administration of the program. The agreement can be modified or
terminated upon a very short notice. That's a quick overview of
the agreement. If you have any questions about this or impact
fees in general I'd be happy to answer them.
Giesler: When does this go into effect?
Dobie: April 15th. This would be on any building permit that is
issued after the 15th.
Corrie: Item #2 on resident buildings, about calculating the
gross floor area, generally if it's larger than 1500 square feet
- does that mean that anything less than 1500 square feet will
not have an impact fee?
Dobie: The fee for smaller structures is less than the fee for
larger structures.
The Motion was made by Tolsma and seconded by Corrie to approve
of the resolution conditioned upon the City Attorney's final
approval and authorize the City Clerk and Mayor to sign that.
Motion Carried: All Yea:
Giesler: I have one question. This question that Mr. Corrie
brought up - why is the figure different for under 1500 sq. feet?
Dobie: The impact fees are based upon the traffic generation
characteristics of the use. Traffic studies that were done
indicate that small structures create fewer traffic trips than
larger structures.
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS DF LAW ON REZONE
REQUEST W/CONDITIDNAL USE PERMIT FOR PUD ON HUNTERS GLENN:
The Motion was made by Yerrington and seconded by Tolsma to
approve the Findings of Fact and Conclusions of Law for this
rezone request for PUD on Hunters Glenn:
Roll Call Uote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
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MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE 3
ITEM #3: ORDINANCE #575: ORDINANCE REZONING PROPERTY AT NORTH
END OF EAST 5TH STREET: HUNTERS GLENN:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND
CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF
MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE EAST
1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE. Is there anyone present who wishes Ordinance
#575 read in its entirety? 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 Ordinances be read on three different days be
dispensed with and that Ordinance #575 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Corrie to approve
of the Conditional Use Permit.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea:
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT:
STRASSER FARMS:
Kingsford: At this time I will open the Public Hearing.
Robert Strasser, 3165 N. Meridian Rd., was sworn by the attorney.
Strasser: Basically there was just two easements that we were
trying to vacate. One being the north border line of lot 1 on
this subdivision, Strasser Farms, it was just a five foot
easement and we got approval from all of the pertinent people who
had any say in that. The other one was the irrigation easement.
It was placed in the wrong position on the plat. The easement
itself is exactly as the letter says. Basically what I've got
now is'~two easements for the irrigation district. One being in
it's natural position and the other one being located on the map
in the wrong position, so we are just asking to vacate it off of
there and the original easement will stay as is.
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MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE 4
Eng. Smith: I hadn't seen the recorded plat so I didn't realize
that there was two easements shown.
Strasser: There's only one shown and it's in the wrong location.
Eng. Smith: So your saying this easement as it exists does not
need to show on the plat.
Strasser: No it doesn't show on other plats, it didn't show on
the original plat.
Eng. Smith: There wasn't an original plat there, that was my
concern does this easement need to become record and tied to
Strasser Farm's plat?
Strasser: Not according to John Addison at the Irrigation
District and as far as the county was concerned they didn't care
one way or the other. If you request it then we have to go back
and reissue the plat and it has to go through the signatures all
the way around again.
Eng. Smith: Well if the people that have the facility are happy
with the way it's handled at this point I certainly don't have a
problem.
Kingsford: Thank you. Anyone else to testify? No response. I
will close the Public Hearing.
The Motion was made by Tolsma and seconded by Giesler to have the
attorney prepare an Ordinance for the vacation of easement for
Strasser Farms.
Motion Carried: All Yea:
ITEM #5: FINAL PLAT: MERIDIAN MANOR #7:
Kingsford: Is there a representative from Meridian Manor #7
here? One thing I might mention is that we need to get with you
and tie down some costs on sewer line verses lift stations.
Corrie: I have a question reference the Fire Department about
that Chrisfield Drive, sometime needs to be connected to Meridian
Road will that be done?
Bill Briggs: I am here representing Bedelco, Bews & Smith.
Chrisfield Drive will be dedicated in #8, which will be the
subdivision following this one.
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MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE S
Kingsford: Do you have any kind of a time table for this?
Briggs: It all depends on the market. I would say in a year or
less.
The Motion was made by Tolsma and seconded by Yerrington to
approve the Final Plat for Meridian Manor #7.
Motion Carried: All Yea:
ITEM #6: COVENANTS ON MERIDIAN MANOR #7:
Kingsford: Mr. Crookston have you had a chance to review these?
Crookston: Yes I have and they have changed them. Just as an
assistance to them, in paragraph F there's a "not" that should be
the word "nor". Everything else is fine.
The Motion was made by Tolsma and seconded by Corrie to approve
of the Covenants on Meridian Manor #7 conditioned upon the
Counselor's one recommendation and the Engineer's recommendation.
Motion Carried: All Yea:
ITEM #7: DOUG KOWALLIS: NAHAS-BENOIT COMPANY:
Doug Kowallis: You all received the letter I sent. Do you want
me to give a brief summary?
Kingsford: I think possibly a Conditional Use Permit might be a
lot better than a zoning change from our standpoint.
The Motion was made by Giesler and seconded by Yerrington to
recommend a Conditional Use Permit be applied for, and a letter
be forwarded to Ada County showing our support.
Motion Carried: All Yea:
ITEM #8: DON STEPHENS, CAPITOL CHRISTIAN CENTER, REQUEST TO
CONNECT TO CITY SERVICES:
Don Stephens: I live in Emmett but I am involved with Capital
Christian Center of Boise. We bought forty acres on the North
side of Fairview just across from the new Farm Center with the
intent on building a new sanctuary there and with the vision of
our pastor to extend that to a community endeavor. We would like
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MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE 6
to have some parks in
kids, not just for our
are open to annexation
for us. We also had
Meridian to have dedic,
the City of Meridian.
there, some grass and trees, things for
church but for the community as well. We
or whatever would be the best for you and
talked that in the need of the City of
ate a well site there that could be used by
Kingsford: It would be my recommendation to the Council to annex
that.
Giesler: Who would be running water and sewer lines to that
project?
Kingsford: They are looking at running sewer line from Jericho
and water I' m not sure of.
Eng. Smith: It crosses from the north side of Fairview under -
Stephens: We would extend the line then. We would do the sewer
in the fall but we'd like to start the building as soon as
possible.
Kingsford: Is there any opposition from the Council for this
request? None heard.
ITEM #9: DEPARTMENT REPORTS:
Chief Gordon: Within the last couple weeks, the City Clerk and
the City Police Department have received numerous complaints
about all vacant corners within Meridian becoming used car lots.
We did some checking and we don't have anything in our Ordinances
presently, Hoise City does have an Ordinance under their Planning
and Zoning. I've received copies of that, what I would like from
you is the okay to pursue this and maybe come up with an
Drdinance so we can start clearing some of these street corners
off.
Kingsford: A concern that I have is I've talked with some of the
merchants around and they don't want them in their parking lot
because they are already running over with cars too. I almost
think it's better to have them on the vacant ones unless the
property owners object to it.
Gordon: Presently it's just been from the public. It's far
worse than it was last year or the previous years.
MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE 7
Kingsford: Maybe we could look into it a little bit and go ahead
and pursue it and see what kind of luck they have had in other
City's.
Eng. Smith: One quick item - on our water sy
Agreement with CH2M is being returned to them
begin. An application to appropriate water
filed tomorrow with water resources. We've
three property owners on the south side
concerning well locations.
stem the Master Plan
signed so they can
for a well will be
made contact with
of the Interstate
Kingsford: I have a meeting tomorrow afternoon with some of the
property owners in Meridian Greens with regard to a booster
station and where we are at there and also charging their
pressurized irrigation system.
Jim Johnson: We are having a workshop on April 9th to look
further into adding some additional zoning designations. We
would appreciate any input you might have on that.
Niemann: Somebody has been going around town putting up flyers
to paint the street again. There's nothing we can do about it
but I've been getting quite a few calls.
Kingsford: It would be a good idea for the Valley News to print
an article that that is nothing to do with the City. It's just a
private enterprise.
Cowie: There also have been some complaints from one of the
citizens about somebody is calling wanting money for the Fire
Department and they are saying that the Meridian Fire Department
is soliciting money for the Fire Department and that's not the
case at all. If anybody gets called we would like to know about
it and we have contacted the Better Business Bureau.
Kingsford: I'd like to see a kick off of a fund raiser to
complete the golf course out there. We do have a golf course
fund started.
The Motion was made by Corrie and seconded by Tolsma to adjourn
at 8:06 P. M.
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
•
MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE 8
APPROVED:
G T P. K I NGS 0 , YOR
ATTEST:
cc. Mayor & Council, P & Z Members,
Atty. , Bldg. , Gass, Stuart, Ward,
Police, Eng. , CDH, NMID, ACHD, Settlers,
Hallett, APA, Valley News
clt
i v
~ i
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
ROBERT D. STRASSER and MARGARET M. STRASSER
APPLICATION TO VACATE EASEMENT
STRASSER FARMS SUBDIVISION
MERIDIAN, IDAFIO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
March 17, 1992, at approximately 7:30 o'clock p.m, on said date,
at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
the Petitioner appearing in person, 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 notice of the public hearing on the vacation of the
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlen, Idaho
83842
Telephone 888.4481
utility easement was published for two (2) consecutive weeks prior
to the said public hearing scheduled for March 17, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the March 17, 1992, 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 one mile of the City
of Meridian and is described as the north lot line of Lot 1 and the
• •
northeast corner of Lot 2 and southeast corner of Lot 1 of Strasser
Farms Subdivision., and is owned by Applicant; that the plat of the
subdivision shows a 5 foot wide utility easement located on the
inside of the North lot line of Lot 1, and a 25 foot x 50 foot
irrigation easement located at the Northeast corner of Lot 2 and
the Southeast corner of Lot 1.
3. That the utility companies and the irrigation companies
submitted no comments which objected to the vacation of the
easements.
4. That the property surrounding the Applicant's is used
residentially and agriculturally.
5. That there was no public testimony objecting to the
vacation of the easements.
6. That proper notice has been given as required by law by
Idaho Code, 50-1306A, have been given and followed.
CONCLUSIONS
1. That all the procedural requirements of Idaho Code, 50-
1306A and of the Ordinances of the City of Meridian have been met.
2. That the City of Meridian has authority to vacate
easements pursuant to Idaho Code, 50-1306A.
3. That the easements are not necessary for irrigation or
public utilities.
AMBROSE,
FITZGERALD
SCROOKSTON
Attorneys end
Counselors
P.O. Box 427
Merldlan, Idefto
()3842
Telephone fl88J461
~~
f ~~ c, . ~
•
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldisn, Idaho
831642
Telephone888-4481
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN CORRIE
COUNCILMAN YERRINGTON
COUNCILMAN GIESLER
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
VOTED
VOTED
VOTED. ~,
VOTED.
VOTED..
APPROVED:....
DISAPPROVED:,
921632
A Ir, ~rr`~.,~-i l 1, 1;..1(.)~ u~ CCTy oF,ME~IDIAN
R CORDS ~ BY
/o'~ ~
' ~~ ~1flfl 19 A(~ 8 52
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
GENERALLY DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST
1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
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-8 Residential
to R-15 Residential, for the following described parcel:
A portion of the E 1/2 NW 1/4, Section 7, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described by metes and bounds as follows:
Commencing at the center of Section 7, T. 3N., R. 1W., B.M.,
Ada County, Idaho and running N. 0 00'00" E. 1294.00 feet
along the Easterly boundary of the NW 1/4 of said Section 7
to a point;
thence S. 89 01'30" W. 150.00 feet along a line parallel
to and 1294.00 feet Northerly from the Southerly
boundary of the said NW 1/4, Section 7 to the TRUE POINT
OF BEGINNING;
thence continuing S. 89 01'30" W. 367.00 feet along a line
parallel to and 1294.00 feet Northerly from the said
Southerly boundary of the NW 1/4, Section 7 to a point;
thence N. 0 00'00" E. 365.21 feet along a line parallel to
and 517.00 feet Westerly from the said Easterly boundary of
the NW 1/4, Section 7 to a point;
thence N. $9 56'20" E. (formerly described as S. 89 50' E.)
366.95 feet to a point;
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.4481
thence S. 0 00'00" W. 359.36 feet .along a line parallel to
and 150.00 feet Westerly from the said Easterly boundary of
the NW 1/4, Section 7 to the point of beginning.
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:
A portion of the E 1/2 NW 1/4, Section 7, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described by metes and bounds as follows:
Commencing at the center of Section 7, T. 3N., R. 1W., B.M.,
Ada County, Idaho and running N. 0 00'00" E. 1294.00 feet
along the Easterly boundary of the NW 1/4 of said Section 7
to a point;
thence S. 89 01'30" W. 150.00 feet along a line parallel
to and 1294.00 feet Northerly from the Southerly
boundary of the said NW 1/4, Section 7 to the TRUE POINT
OF BEGINNING;
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
thence continuing S. 89 01'30" W. 367.00 feet along a line
parallel to and 1294.00 feet Northerly from the said
Southerly boundary of the NW 1/4, Section 7 to a point;
thence N. 0 00'00" E. 365.21 feet along a line parallel to
and 517.00 feet Westerly from the said Easterly boundary of
the NW 1/4, Section 7 to a point;
thence N. 89 56'20" E. (formerly described as S. 89 50' E.)
366.95 feet to a point;
thence S. 0 00'00" W. 359.36 feet along a line parallel to
and 150.00 feet Westerly from the said Easterly boundary of
the NW 1/4, Section 7 to the point of beginning.
be, and the same is rezoned from R-8 Residential to R-15
Residential, and Section 11-2-425, Official Zoning Maps is hereby
amended to reflect the same.
Section 2. That the Applicant has stated that an
emergency access will be provided for access from the above
described parcel to Fairview Avenue and the City Council has
stated that no further development by the Applicant, or his or its
assigns, shall occur until the emergency access is made permanent,
is paved and is constructed to Ada County Highway District, or
equivalent, standards. This Ordinance is conditioned on the
Applicant executing and recording a deed restriction, running in
favor of the land above described and against the land upon which
~.
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone888-4481
the emergency access is to be located, which restriction shall
state that neither property may be transferred, assigned,
conveyed, or mortgaged without the other and that it is agreed
that Applicant, or his or its, assigns, may not develop any
additional land abutting, or in the area of the land above
described in this zoning ordinance, until the land provided for
access is made a permanent access for the land above described,
is paved and is constructed to Ada County Highway District, or
equivalent, standards. There shall be no occupancy permits issued
until the emergency access has been provided and is graveled.
Proof of meeting the conditions of this ordinance shall be the
recorded deed restriction showing approval of the City Council of
the City of Meridian.
Section 3. That the City Clerk shall cause one (1) copy
of the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and
approval as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this~~~day of~r-~~,~,
1992.
APPROVED:
- - N ._._.__Y_
EST:
STAT~~OF IDAHO,)
----- s s .
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 OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
GENERALLY DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST
1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as
Ordinance No. by the Cit Counc'1 and Mayor of the City
of Meridian, on t e day of arc ~,. 1992,
as the same appears i~y off ice. _----_-~--~-_,_---__ -
DATE D t h i s~~ d a y o f ~1_a, ,-~ ~~~,:,~`, 19 9 2.
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
STATE OF IDAHO,)
ss.
County of Ada, )
~~
i t y r~fc ,' i t y~- o e r i ~i a n
Ada ounty, Idaho
On thi s ~g ~ day of A~-r.>~- 1992, before me, the
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 ~Y and year in is certificate first above
W sy
written . o~~~,,C~y ~ . '~~~~ e
Qzeaea ~ :~ n..
~~ r
4 ~
SEAL =~ gR't/ ~~, G ~M Notary Pu 1 is ~f or Idaho
m @ ~ oA Residing at Meridian, Idaho
~.
,.,, ''''~ `~r ro Ft t,~~ ~,` `
undersigned, a Notary Public in an ~r said State, personally
appeared Jack Niemann, known to me to be the person whose name is
f r
RESOLUTION 3
BY THE COUNCIL:
A RESOLUTION APPROVING A COOPERATIVE AGREEMENT FOR THE COLLEC-
TION OF ROAD IMPACT FEES BY AND BETWEEN THE CITY OF MERIDIAN
AND THE ADA COUNTY HIGHWAY DISTRICT; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE MAJOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the Cooperative Agreement by and between the City of
Meridian and the Ada County Highway District, a copy of said Cooperative
Agreement marked Exhibit "A" attached hereto and incorporated herein by
reference, be, and the same is hereby, approved as to both form and sub-
stance .
Section 2. That the Mayor and City Clerk be, and they hereby are,
authorized to respectively execute and attest said Agreement for and on
behalf of the City of Meridian.
Section 3. That this Resolution shall be in full force and effect immedi-
ately upon its adoption and approval.
~~
ADOPTED by the Council of the City of Meridian, Idaho, this / ~ day
of j~ g re ~ 1992.
APPROVED by the Mayor of the City of Meridian, this l 7~~ day of
Y~'1 Q ~ ~ ~ 1992 .
APPROVED:
MAYOR
ATTEST:
•
EXHIBIT A
AGREEMENT
This Agreement, made and entered into this/ 7 ~~ day of 4 ~c ~ ,
1992, by and between MERIDIAN CITY, a municipal corporation (hereinafter
referred to as "City") , and ADA COUNTY HIGHWAY DISTRICT, by and
through its duly elected Commissioners, Charles L. Winder, James E. Bruce
and Glenn J. Rhodes (hereinafter collectively referred to as "District").
WITNESSETH:
WHEREAS, the District- has adopted Ordinance No. 184 relating to the
imposition of a road impact fee on new development in Ada County, Idaho;
and
WHEREAS, City and District desire to enter into this Agreement to
delineate certain areas of responsibilities for the collection of these fees .
NOW, THEREFORE, in consideration of the mutual covenants and agree-
ments herein contained, it is hereby mutually agreed as follows:
1. Conditions . It is agreed by the parties to this Agreement that should
developers, property owners, builders, or occupiers of property located
within the jurisdictional limits of Meridian City apply to City fora build-
ing permit, structural permit, permit for the placement of a mobile home
or manufactured home, or any similar permit, certificate, or application
(hereinafter referred to jointly as a "Permit" for the purposes of this
Agreement) for which District Road Impact Fees are required, that the
City and District shall cooperate with the review of the permit, the
calculation and collection of impact fees . City agrees to withhold the
issuance of the permit until fees have been paid to the City or until
the the District has received the payment of the Road Impact Fees and
notified the City of such action.
2. Indemnity. In consideration of City adopting District's conditions for a
Permit, District agrees to indemnify and defend, save and hold harm-
less City, its officers agents, and employees, and all of them, from and
against all liability, loss, damage, cost, and expense which may accrue
or be sustained by City, its officers, agents, or employees as a result
or consequence of any claims, suits, or actions made or brought by any
third parties against City, its agents or employees, for conditions re-
quired solely by District in the City's Permit approval process .
3. Scope of Work. It is further agreed by the parties of this agreement
that the City shall perform the work tasks listed below:
Item No. 1 -Monthly Summary
The agency shall prepare a monthly summary report of the build-
ing permits that were issued during that period . This report
shall include either a copy of all the building permits, or a typed
list of the relevant information for each permit.
IMPACT FEE AGREEMENT -Page 1
•
Item No. 2 - Building Area Calculation
Residential Buildings:
Calculate the gross floor area (g.f.a.) of the structure to deter-
mine if it is larger than 1500 square feet.
Commercial and Industrial Buildings:
Calculate the gross floor area for primary use of the structure and
the areas of the ancillary uses (>20$ g. f . a.) within mixed use
structure (i. e. office, storage, parking, specialty store, etc.) .
Item No . 3 -Fee Administration
The City shall review the proposed building program with the
applicant, respond to questions and attempt to resolve technical
problems . The City shall calculate the amount of the fee, collect
the amount due, and remit the checks and money to ACRD on a
weekly basis .
Difficult problems and individual assessments (Section 10 of Ordi-
nance #184) shall be referred to ACHD staff for processing.
4. Payments. The District agrees to compensate the City for the work
performed under this agreement on an annual "lump sum" basis .
The total payment, reimbursables, and direct labor for the work under
this agreement shall be:
TWENTY-TWO THOUSAND DOLLARS ($22,000.00)
This maximum amount is subject to change in the event of modifications
of the Scope of Work when approved in writing by the District and
documented by an approved supplemental agreement.
Progress payments shall be made on a quarterly basis for service per-
formed upon receipt of an invoice from the City.
5. Term of Agreement. This Agreement shall continue, year to year un-
less terminated by either of the parties hereby by providing written
notice of intent to terminate prior to ninety (30) days before the end of
the fiscal year of each of the parties (October 1) . This Agreement
shall not be terminated except by the above-referenced procedure.
Either party may seek renegotiation of any provisions of this Agreement
at any time by providing written notice of intent to renegotiate prior to
termination .
6 . Notices . Any and all notices required to be given by either of the
parties hereto, unless otherwise stated in this Agreement, shall be in
writing and be deemed communicated when mailed in the United States
mail, certified, return receipt requested, addressed as follows:
IMPACT FEE AGREEMENT -Page 2
1 • •
Meridian City
c/o Mayor Meridian City
33 E Idaho
Meridian ID 83642
Ada County Highway District
318 East 37th Street
Boise ID 83714
Either party may change their address for the purpose of this para-
graph by giving notice of such change to the other in the manner here-
in provided.
7. Time is of the Essence. The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition, and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the party so failing to perform.
8. Binding Upon Successors. Except to the extent specifically set forth
herein, this Agreement shall be binding upon and inure to the benefit
of the parties' respective successors, assigns, and personal representa-
tives .
9. If litigation is commenced by the City or the District pursuant to this
Agreement, the prevailing party shall be entitled to an award of attor-
neys fees and costs.
IN WITNESS WHEREOF, the parties have hereunto caused this Agree-
ment to be executed, effective as of the day and year first above written.
ATTEST
MERIDIAN CITY:
t
By
Its -~/~ ~ H „ ,~
IMPACT FEE AGREEMENT -Page 3
•
ATTEST: ADA COUNTY HIGHWAY DISTRICT
Charles L . Winder, President
James E. Bruce, Vice President
Glenn J. Rhodes, Secretary
IMPACT FEE AGREEMENT -Page 4
•
STATE OF IDAHO )
. SS.
COUNTY OF ADA )
On this day of . 1992, before me,
a notary public for said State, personally
appeared and
known or identified to me to be the and
of the CITY OF MERIDIAN, that exe-
cuted the instrument on behalf of said City of Meridian, and acknowledged
to me that such City of Meridian 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.
Notary Public
Residing at
My Commission Expires
STATE OF IDAHO )
. SS.
COUNTY OF ADA )
On this day of 1992, before me
a notary public for said State, personally
appeared CHARLES L. WINDER, JAMES E. BRUCE, and GLENN J. RHODES,
known or identified to me to be the Commissioners of the ADA COUNTY
HIGHWAY DISTRICT, the political subdivision that executed the instrument
or the persons who executed the instrument on behalf of said political subdi-
vision, and acknowledged to me that such political subdivision 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.
Notary Public
Residing at
My Commission Expires
IMPACT FEE AGREEMENT -Page 5
•
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
ZACHRSON COMPANY, AN IDAHO CORPORATION
AND WILLIAM D. I_EAVELL AND LUCILE M. LEAVELI_
REZONE AND CONDITIONAL USE PERMIT
FOR PLANNED RESIDENTIAL OEUELOPMENT
A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
March 3, 1992, at the hour of 7:30 o'clock p.m., the Petitioners
appearing through their attorney, Fred Shoemaker, and in person,
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
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
Application and the Conditional Use Permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled
for March 3, 1992, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered
at the March 3, 1992, 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
6CROOKSTON
Attorneys end
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
Meridian and one of the Applicants owns the property, which
property is described in the application, which description is
incorporated herein; that the adjoining properties to the north,
south, east, and west are zoned R-15 Medium High Density
Residential; that the Applicants desire to keep the property
compatible with the surrounding area.
3. That the property is already zoned R-8 Medium Density
Residential; that the Applicants request that the property be
rezoned to R-15 Medium High Density Residential; that the property
requires a conditional use permit for a planned unit residential
development a 40 unit apartment complex with a land use density
of 13.1 units per acre, which is the use the application requests;
that such use requires a conditional use permit in any zone where
allowed.
4. That the R-15 District is described in the Zoning
Ordinance, 11-2-408 B. 3. as follows:
(R-15) MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT,: The purpose
t- ~)-6Tstri- ct-is to permit the establishment of
medium-high density single-family attached and multi-family
dwellings at a density not exceeding fifteen (15) dwelling
units per acre. All such districts must have direct access
to a transportation arterial or collector, abut or have
direct access to a park or open space corridor, and be
connected to the Municipal Water and Sewer systems of the
City of Meridian. The predominant housing types in this
district will be patio homes, zero lot line single-family
dwellings, town houses, apartment buildings and condominiums.
5. That the property is located in the OLD TOWN area as
designated on the Policy Diagram at Page 7 of the Meridian
Comprehensive Plan; the OLD TOWN is described in the Plan at page
23 as follows:
OLD TOWN
• •
Upon adoption of the Comprehensive Plan, Old Town should
continue to serve as a shopping, as well as governmental
and public activity center. In recognition that its
shape and character will change with additional
population growth and development, the Comprehensive
Plan sets the stage for the rejuvenation of Old Town,
as per mixed-land-use policies and per market and
economic trends. Probable mixed-uses for Old Town could
be specialty commercial, higher density residential,
offices, medical facilities and public and semi-public
facilities.
6. That the use proposed by the Applicants is set forth
above.
7. That planned residential development of a 40 unit
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldien, Idaho
83942
Telephone 888.4481
complex in a district an R-15 Medium High Density Residential
District as proposed by Applicants is an allowed conditional use
in the R-15 district.
8. That the subject property is presently vacant and has
not been used for many years; that the property has no irrigation
canals or facilities on the property; that there are no visible
hazardous areas on the property.
9. That the Applicant has obtained property that will
provide an emergency direct access to a transportation arterial;
that the property does not have direct access to a park or open
space area as required in 11-2-408 B. 3.; that the plan presented
for development shows a small picnic area.
10. That sewer and water is available to the property and
is required; that the City Engineer, Central District health
Department, Meridian School District, Meridian Police Department,
Meridian Fire Department, and the Ada County Highway District,
and Health and Welfare Department have submited comments which are
hereby incorporated herein as if set forth in full herein.
•
11. That the access to the property from East First Street,
the major street in downtown Meridian, is presently obtained
either on Washington or Carlton Street; portions of both streets
are only one-half of a street wide; that there are already
existing apartment complexes near Applicant's property that also
gains access by means of Washington and Carlton Streets.
12. That there was testimony submitted at the public hearing
which indicated that the access and roads to the project should
be improved and objected to the project; that Ada County Highway
District first comments were that Applicant's proposal to the
Highway District was tabled pending receipt of a detailed traffic
study and master drainage plan; that Ada County Highway District
has submitted additional comment which states as follows:
We have approved your request to connect an emergency access
to Fairview Avenue, approximately 100-feet west of Barbra
Street.
This does not imply that we will allow a major entrance for
your later development phases as [at] the same location. We
would discourage that notion due to the off-set with Barbra
Street which serves as the only entrance to Fairview Terrace
Mobile Estates. There would be conflicts in left turn
movements from both developments.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlen, Idaho
83842
Telephone BBB-4481
13. The City Council at the public hearing inquired as to
access to the development from Fairview access and the Applicant
stated that an emergency access would be supplied and that it
would be graveled.
14. That a traffic study was submitted by the Applicant
which concludes that the present streets and their condition would
handle the increase in traffic due to this development.
CONCLUSIONS
1. That all the procedural requirements of the Local
• •
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Boz 427
Merldien, Ideho
83842
Telephone 888.4481
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian; and that the City has authority to grant re-zone
petitions pursuant to 11-2-416 of the Revised and Compiled
Ordinances of the City of Meridian.
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.
5. That the City of Meridian has authority to place
conditions on a zoning amendment and the use of the property
pursuant to 67-6511, Idaho Code, and pursuant to 11-2-416 E. 2.
b. and 11-2-416 F. 2, of the Revised and Compiled Ordinances of
the City of Meridian, Idaho.
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
n
u
and conditions of the area,
concludes as follows:
the City Council specifically
(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 located in the OLD TOWN 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.
(c) Since the area where the property is located is
already zoned R-8 such 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 present access to the property is not good and
should be improved in line with the guidelines and
requirements of Ada County Highway District; the
requirement of 11-2-408 B. 3. that the property have
direct access to a transportation arterial or collector
is only proposed to be met by an emergency access and
such access must provided; that such requirement will
not, however, limit the rezone but no further
development other than the proposed 40 units shall occur
until either the emergency access is made permanent,
paved, and constructed to Ada County Highway District,
or equivalent, standards, or additional access must be
provided by means of another route; that the land being
proveded for the emergency access shall be, and become,
a part of and appurtenant to the land upon which the 40
units is being developed and a deed restriction shall
be recorded stating that niether property may be
transfered, assigned, conveyed, or mortgaged without the
other.
(e) That the property is designed and proposed to be
constructed to be harmonious with the surrounding area.
(f) The proposed use should not be hazardous or
disturbing to the existing or future uses of the
neighborhood.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone888-a481
(g) The property will 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 which cannot be met by the
Applicant and therefore should not be detrimental to the
economic welfare of the community.
(i) The proposed use should not involve any detrimental
activity to any person's property or the general
welfare.
(j) Development of the 40 units, if performed in line
with requirements of the City and Ada County Highway
District, 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.
7. That 11-2-418(C) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards
under which the City Council and the City Council shall
review applications for Conditional Use Permits; that upon
a review of those requirements and a review of the facts
presented and the conditions of the area, the City Council
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 should be constructed to
be harmonious in appearance with the character of the
general vicinity.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
d. That the use would not be hazardous nor should it
be disturbing to existing or future neighboring uses;
that the access and traffic requirements of the City and
the Ada County Highway District should be met and if
they are, traffic should not increase significantly
because of the proposed use; however no further
development beyond the 40 units now proposed shall be
allowed until the access to Fairview Avenue is made
.l
r
permanent, paved and constructed to Ada County Highway
District, or equivalent, standards.
e. That the property has available to it sewer and
water service.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services if the Applicant meets the requirements of the
City and Ada County Highway District and the use would
not be not be detrimental to the economic welfare of the
community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that
would be detrimental to person, property or the general
welfare by reason of excessive production of traffic or
noise.
h. That sufficient parking for the property and the
proposed is required and the parking layout must meet
the requirements of the City ordinance.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
8. That the City has judged this Application for a
zoning amendment and Conditional use permit for a planned
unit development upon the basis of guidelines contained in
11-2-416 and 11-2-418 of the Revised and Compiled Ordinances
of the City of Meridian and upon the basis of the Local
Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the
Comprehensive Plan of the city of Meridian, and the record
submitted to it and the things of which it can take judicial
notice.
9. It is further concluded that any comments,
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys end
Counselors
P.O. Box 427
Merldlen, Idaho
93842
Telephone 888.4481
recommendations and requirements of the City Engineer, the
Ada County Highway District, and the Meridian Fire
Department, shall be met and complied with.
~` ~ ! • ~
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves
AMBROSE,
FITZGERALD
SCROOKSTON
Attorneys and
Caunaelora
P.O. Box 427
Merldlan, Ideho
83542
Telephone 558.4461
these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER CORRIE VOTED ~/
COMMISSIONER YERRINGTON VOTED
COMMISSIONER GIESLERR VOTE
COMMISSIONER TOLSMA VOTED ,eQ,-
MAYOR KINGSFORD (TIE BREAKER) VOTED