HomeMy WebLinkAbout1995 02-21
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, FEBRUARY 21, 1995 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD FEBRUARY 7, 1995:
(APPROVED)
TABLED FEBRUARY 7. 1995: DEVELOPMENT AGREEMENT FOR TUTHILL
ESTATES NO.2 SUBDIVISION: (REMOVED FROM TABLE)
2. TABLED FEBRUARY 7, 1995: DEVELOPMENT AGREEMENT FOR WATERBURY
PARK SUBDIVISION NO. 5: (REMOVED FROM TABLE)
TABLED FEBRUARY 7, 1995: VARIANCE REQUEST FOR THE LANDING NO.7
SUBDIVISION BY SKYLINE DEVELOPMENT: (CITY ATTORNEY TO
PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
4. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR
ANNEXATION AND ZONING REQUEST BY CAROL LOTSPEICH
(APPROVED; CITY ATTORNEY TO PREPARE AN ORDINANCE)
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST
BY ROBERT TRUAX: (APPROVED)
6. ORDINANCE #692 - ALIDJANI REZONE:(TABLED UNTIL MARCH 7, 1995)
ORDINANCE#693 - DAVIES REZONE:(APPROVED)
8. ORDINANCE#694 -PACIFIC WATER WORKS ANNEXATION: (APPROVED)
9. PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE 20 FOOT PLANTING
STRIP REQUIREMENT BY ALBERTSON'S, INC.: (CITY ATTORNEY
TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
10. PUBLIC HEARING: REQUEST FOR A VARIANCE TO MINIMUM LOT SQUARE
FOOTAGE FOR LOT 12 BLOCK 12 OF THE LANDING NO. 7 BY
SKYLINE DEVELOPMENT: (CITY ATTORNEY TO PREPARE FINDINGS
OF FACT AND CONCLUSIONS OF LAW)
11. CONDITIONAL USE PERMIT REQUEST TO ALLOW AN OFFICE USE 8Y
BORUP CONSTRUCTION: (APPROVED)
•
12. CONDITIONAL USE PERMIT REQUEST FOR AN AUTOMOTIVE REPAIR AND
SERVICE USE BY LESLIE MIGNEAULT: (APPROVED)
13. REQUEST FOR TIME EXTENSION ON SCOTTSDALE ESTATES SUBDIVISION:
(APPROVED FOR ONE YEAR)
14. DEVELOPMENT AGREEMENT/CC&R'S FOR ENGLEWOOD SUBDIVISION:
(APPROVED)
15. BOB HAGEN: DISCUSSION ON PARKING SIGNS IN FRONT OF 24 HOUR
PLUMBING AT 1334 E. 1ST ST.: (COUNCILMAN CORRIE TO
INVESTIGATE AND REPORT BACK NEXT MEETING)
16. PROCLAMATION: FFA WEEK: (APPROVED)
ROTARY WORLD WINDOW WEEK: (APPROVED)
17. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER:
1. ADOPT CITY OF MERIDIAN TRANSPORTATION COMMITTEE
REPORT: (APPROVED)
2. MERIDIAN ROAD SEWER PROJECT -ENGINEERING
AGREEMENT: (APPROVED)
3. MERIDIAN GREENS PUMP STATION -PHASE 2 ENGINEERING
AGREEMENT: (APPROVED)
4. BOILER INSTALLATION PROJECT -AMENDMENT TO
ENGINEERING AGREEMENT: (APPROVED)
5. LETTER OF APPRECIATION TO ITD -DISTRICT 3 ASSISTANT
ENGINEER: (APPROVED)
B. SHARI STILES, PLANNING ADMINISTRATOR:
1. PROPOSAL TO CLEAR/LEVEL SITE AT 121 E. PINE: (APPROVEb
WEAST EXCAVATION BID)
18. EXECUTIVE SESSION: DISCUSS POSSIBLE LAWSUIT WITH BORDER
LANDSCAPING:
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, FEBRUARY 21, 1995 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD FEBRUARY 7, 1995: app/e-
1. TABLED FEBRUARY 7, 1995: DEVELOPMENT AGREEMENT FOR TUTHILL
ESTATES NO.2 SUBDIVISION: c~i~l d`~'~~c"'~Ove- ~~ ~/e~ ~~~e~,
~u~til ~~p~l~~4rzt ~~rnefly hr~ae~F
2. TABLED FEBRUARY 7, 1995: DEVELOPMENT AGREEMENT FOR WATERBURY
PARK SUBDIVISION NO. 5: c~ ~i~cti uw~reH~ °0~z fiom ~ t~~eZ-
3. TABLED FEBRUARY 7, 1995: VARIANCE REQUEST FOR THE LANDING NO. 7
7SUBDIVISION BY SKYLINE DEVELOPMENT: .~~~< ~h f~rmatio-n:
4. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR
ANNEXATION AND ZONING REQUEST BY CAROL LOTSPEICH:.
tr~pi a, t ~/p. { ~_/C i~~ac'iz~..,t G/G pity a~crhry (v fJ~~e~~- ~i ~,. ~,..~:.:-
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST
BY ROBERT TRUAX: ayo~avj f/~ f ~ l~ upF~dn~t "zZ''.`"~"`e"
6. ORDINANCE #692 - ALIDJANI REZONE: ~~ ` ~?L•Meervi w~~h Qrnt%~?~"~ </f ' ~/~
7. ORDINANCE#693 - DAVIES REZONE: a~~'~~~-
8. ORDINANCE #694 -PACIFIC WATER WORKS ANNEXATION: li~~~~w
9. PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE 20 FOOT PLANTING
STRIP REQUIREMENT BY ALBERTSON'S, INC.:
10. PUBLIC HEARING: REQUEST FOR A VARIANCE TO MINIMUM LOT SQUARE
FOOTAGE FOR LOT 12 BLOCK 12 OF THE LANDING NO. 7 BY
SKYLINE DEVELOPMENT:
11. CONDITIONAL USE PERMIT REQUEST TO ALLOW AN OFFICE USE BY
BORUP CONSTRUCTION: rpjnr~~~ ~// Vic`/L
u~~1r~v'e C~'rrrx'i?icn=~f'GG;;z.~-.
12. CONDITIONAL USE PERMIT REQUEST FOR AN AUTOMOTIVE REPAIR AND
SERVICE USE BY LESLIE MIGNEAULT: C~`~ravP ~~F §'P/C
13. REQUEST FOR TIME EXTENSION ON SCOTTSDALE ESTATES SUBDIVISION:
ci~'~/'/vc'Z C'~~ oZ.'a--"t .C'.C '{~'n J.-b~-~
14. DEVELOPMENT AGREEMENT/CC&R'S FOR ~NGLEWOOD SUB I1VISION:
l<~7~r'd/c' C~C'G/'!r K~)~Y7~.c lha~~rsa S`i~~%r.- lf-~ r; ~~aa'~v^.uc~Q~~;6~c~t ,e~
15. BOB HAGEN: DISCUSSION ONfPARKIN dG SIGNS IN FRONT OF 24 HOUR
PLUMBING AT 1334 E. 1ST ST.:
r~c'd ('c%/-b'i~ ~~':'/ /)z 4!~'JFi~'c2tG. ~nC~ Y~P`'a i-t 6.~u.{,~-. hC~~C~ /v,. t~/-
16. PROCLAMATION: FFA WEEK: - /'~~~~/~°r 3',,~~ //
~'/tOGLRI?1/I T/uJ~= ~!i%A~}'~JU'21.~ ~'•1~l~oU~uJll/~ -/Y~a~r~/irr ~i~,~~~
17. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER:
1. ADOPT CITY OF MERIDIAN TRANSPORTATION COMMITTEE
REPORT: uf~~~°~-E
2. MERIDIAN ROAD SEWER PROJECT -ENGINEERING
AGREEMENT: a~,;oi °~'~
3. MERIDIAN GREENS PUMP STATION -PHASE 2 ENGINEERING
AGREEMENT: ~eO,Jrv.-z
4. BOILER INSTALL/ATION PROJECT -AMENDMENT TO
ENGINEERING AGREEMENT: ~//~°r~~~-
5. LETTER OF APPRECIATION TO ITD -DISTRICT 3 ASSISTANT
ENGINEER: sr~~t- ~~ ~~~ Cuknu,~ f h~~e~
B. SHARI STILES, PLANNING ADMINISTRATOR:
1. PROPOSAL TO CLEAR/LEVEL SITE AT 121 E. PINE:
A:./~~)YJ V ¢ C,/?®fS'~. F ~('q va fi2o-j- f~'i~c~~
-F-~ i ~ ~k'p cc.-t~4~ .Se jJ;b~ ~ c~~i~ct1.'- ~~~55~~~'- laA. ~ru~E
MERIDIAN CITY COUNCIL FEBRUARY 21. 1995
The regular meeting of the Meridian City Council was called to order by Mayor Grant
Kingsford at 7:30 P.M.:
MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma:
OTHERS PRESENT: Will Berg, Wayne Forrey, Gary Smith, Shari Stiles, Joe Simunich,
Robert Hagen, Scott Edens, Katy Brown, Richard Jewell., Tucker Johnson, Gary Fors,
Craig Slokum, Chief Gordon:
MINUTES OF PREVIOUS MEETING HELD FEBRUARY 7, 1995:
Kingsford: Are there any corrections to those minutes? Entertain a motion.
Tolsma: I move they be approved.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve of the February 7th minutes, all
those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: First I would like to welcome Boy Scout Troop #61 and 30 with us this evening,
good to have you here gentlemen. twill take it out of order and do item #16 first.
ITEM #16: PROCLAMATION: FFA WEEK
Kingsford: Whereas as the Future Farmers of America with vocational agriculture,
education is a strong force for America's agriculture; and whereas, members of the FFA
are playing and outstanding role in assuring the future process and prosperi#y of our
nation; and whereas the FFA motto, "teaming to do, doing to team; earning to live, living
to serve" gives direction of purpose to these future leaders for tomon'ow's agriculture; and
whereas, the FFA performs the valuable service of developing leadership, encouraging
cooperation, promoting good citizenship, teaching modern information, and inspiring
patriotism among its members. Now, therefore, I, Grant P. Kingsford, Mayor of Meridian,
Idaho, do hereby designate the week of February 19 through 25, 1995 as FFA Week. Will
the secretary please come forward and receive this please. Thank you very much. for the
appreciation breakfast, it was excellent.
ITEM #1: TABLED FEBRUARY 7, 1995: DEVELOPMENT AGREEMENT FOR TUTHILL
ESTATES NO. 2 SUBDIVISION:
ITEM #2: TABLED FEBRUARY 7, 1995: DEVELOPMENT AGREEMENT FOR
Meridian City Council
February 21, 1995
Page 2
WATERBURY PARK SUBDIVISION NO. 5:
Kingsford: The first item on the agenda and the second item on the agenda have been
asked to be tabled. I guess a point of information, where are we at with those, Counselor,
why don't we just dispense with those and put them back on when they get those
development agreements done.
Crookston: That is fine.
Morrow: Have they started construction on these subdivisions at all, is there any work
going on?
Crookston: I am not aware.
Kingsford: Gary, do you know if either one of those, is there anything happening?
Smith: Waterbury isn't final platted yet, and I don't think anything is happening on Tuthill,
I am sure that it isn't. I haven't been signing the plat until the development agreement has
been approved and signed by the Council.
(Inaudible)
Kingsford: Well, 1 suspect that they can anything but develop their subdivision, any of the
uses that you would be able to go out on your land and do they probably could do Joe.
But as far as to develop a subdivision and be able to sell lots they could not.
(Inaudible)
Kingsford: I believe that is correct Counselor, is that true?
Crookston: No, they can't develop, some the plats have not even been finaled.
Kingsford: What is to prevent them from doing that if say it is in a single ownership?
Crookston: They could move dirt, I don't think they can put in sidewalks or roads.
(Inaudible)
Smith: We haven't allowed them to have apre-construction meeting until the final plat of
the subdivision has been approved by the Counci-. That is an ordinance requirement that
they aren't to make any improvements until the final plat is approved by the Council.
Meridian City Council
February 21, 1995
Page 3
Morrow. So at this point, the assumption is that there would be no work that would have
gone on in them at all?
Smith: I know for a fact on Waterbury No. 5 that there hasn't been anything because we
don't have a final plat on that one. Tuthill No. 2 I am not certain of, I don't know the status
of.
(Inaudible)
Kingsford: We are in the same boat, I think that they can move irrigation so long as it
doesn't disagree with the irrigation district. If you are talking about laterals beyond the
irrigation district, they can't disturb water down stream, they have to make sure it gets to
the down stream users. I think they can do other things with it certainly.
Crookston: I think they could as long, as Gary said, as long as it wasn't toward
construction of the development, of the infrastructure of the subdivision. I think they can
move dirt.
(Inaudible)
Crookston: I think that all depends on if they are moving to the extent of just moving it so
they can irrigate their land this summer, I think they have the right to do that.
Kingsford: I think if they are piping it they are clearly getting it ready and in advance of the
irrigation season. Gary you had better check on that and see where we are at.
Crookston: What you can do Mr. Mayor is you can table it to a date in the future, 2 or 3
or 4 or 5 months and if they want it sooner then they would have to come back and ask to
be on the agenda again.
Kingsford: What is the difference with that and just dispersing it until they come back.
Crookston: You can do that too.
Kingsford: I fully intended to. So it would have to be back on the agenda again Joe and
if they are moving dirt and piping then clearly their objective is to have that ready to go
before the irrigation season. What is the Council's pleasure?
Morrow. Mr. Mayor I would move that wa withdraw these items from the table until they are
brought back before by the applicant at some point in the future.
Meridian City Council
February 21, 1995
Page 4
Tolsma: Second
~~
Kingsford: Moved by Walt, second by Ron to remove items 1 and 2 from the table until
they are brought back at some time in the future by the applicant, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED FEBRUARY 7, 1995: VARIANCE REQUEST FOR THE LANDING NO.
7 SUBDIVISION BY SKYLINE DEVELOPMENT:
Kingsford: Council members I put some material that Tucker Johnson brought in and
discussed with me last Friday in your boxes. I will let him discuss those with you.
Johnson: As the Mayor indicated we did meet together Friday afternoon. The information
which I gave to him and you have in your packets is 2 things, one is the larger set of plans
that 1 dug out of the archives with the help of Idaho Transportation Department, these large
sheets are the construction as built drawings of Interstate I-84, at the time they built it, it
was I-80, so thusly they are labeled I-80. The reason for the choosing of these sheets is
because these sheets show the direct impact of drainage from the interstate area as well
as help to quantify the other areas off site the interstate that are draining down to the
interstate and down into the Kennedy Lateral. You will notice 1 highlighted on your copies
on the first sheet is where the Kennedy Lateral crosses. If you will notice, you can see the
way they have drawn that back in 1963 when they built this they had a separate pipe or
conduit under each lane under each direction of traffic. The last sheet you have of those
is what was done much later, done in 1976 it is this sheet here, the gray areas that are on
the sheet show the improvements that Idaho Transportation Department or their contractor
did at that time. The improvements were to fill in the median area presumably for safety
and to extend the box culverts to the edge of their right of way. When they did that they
eliminated the natural drain into the Kennedy Lateral from the median. In which time they
put in a 2 inch corrugated metal pipe in the middle there and that is what it highlighted, on
the front sheet. I physically went out and risked my life on the interstate and measured the
distance from the piping or the viaductor back to the grate where the median drains into
the 12 inch cnp pipe. It is a distance of 250 feet 1 think I kind of sketched that on there.
Why that is important, basically for the following reasons. As you know we have
addressed or looked at this issue a couple of time already, under the Council's direction
we have met with the directors of Nampa Meridian. In a meeting with them they directed
us, we are not engineers so let's have our engineers look at it. The letter which you have
a copy of, I have received actually 2 letters in the whole process of this states that Nampa
Meridian quant~es the amount that they put in that ditch at 50 cfs. It took me some time
to realize that Nampa Meridian, that is what they are required to put in that ditch, that is
i •
Meridian City Council
February 21, 1995
Page 5
all that they are willing to take liability for. Whether extra ground drains into that or not
they haven't been willing to in a formal manner to discuss or (inaudible). I spent some time
down on the microfiche department of the Idaho Transportation Department, because
assuming that the federal government was thorough in their pre-construction processes
they had a discharge agreement with Nampa Meridian. I found the cover sheet to that
agreement but unfortunately the rest of the agreement wasn't there which according to the
technician was working with me was mailed to(inaudible) for their records with ITD. 50
CFS which is what Nampa Meridian states is what they are required to flow through there
and what they are liable for will fit through a 48 inch pipe without any extra room it will be
flowing full. There will not be any safety factor involved with that. In addition to the
previous study which was phase 7 specific I asked one of our engineers who also happens
to be the engineer for Kuna, Tim Burgess of Civil Survey Consultants to do a study of the
Interstate area and the. rest of the Kennedy Lateral from phase 7 down to the interstate.
They came back with very similar numbers as the original study which indicated the ditch
carries according to the water marks and so forth the 50 CFS but in addition to that there
are water marks indicating there has been higher water, from what source no one can
exactly say. Then they engineered the area from the drain off that would potentially come
of the interstate system and the surrounding hill sides particularly south of the interstate
and concluded very different events like I think a 25 year event was (inaudible} was
approximately, was an additional 8 CFS above and beyond Nampa Meridian's flow, 8.4.
So as I discussed with the Mayor that is what it kind of boils down to, 50 CFS will go
through the pipe. The reason it is full at CFS is because the grade has indicated in the
study that Councilman Corrie is looking at, the grade is virtually flat. For every 1 foot it
falls .001 feet for that whole 1/2 mile, or for the whole 1/4 mile it has a drop structure and
then it is virtually flat again for the next 1/2 mile. Because of the grade restrictions the
engineers have determined that the 50 CFS flowing through that pipe would be at
maximum capacity. Adding to that the potential for storm water, there is a significant
amount that impact that ditch.
Kingsford: Questions for Mr. Johnson?
Yerrington: Yes, I have one question, since you are up on all of the storm water and
everything, how much rain will fall during the irrigation season roughly in this valley?
Johnson: That is a good question, I am not an engineer, that is why I hire them. Not
enough as of late, but of course as we all remember 2 years ago the wet spring that we
had that actually delayed the water coming into the ditches. If the ditches were full first and
then it started raining it would be a different story.
Yerrington: But isn't it true that normally during the irrigation season we normally do not
have much rain fall in this valley?
Meridian City Council
February 21, 1995
Page 6
Johnson: Without being a weatherman, you may be right Councilman.
Kingsford: Being an old farmer Max and remembering first crop hay I can tell you it does
fall, and likewise if you think back to not last year but the 2 previous years during the City
to the east river festival we had a few cloud bursts that certainly would overtlow it.
Johnson: One of my personal concerns is it is a problem of liability and do we try to shove
it through a 48 inch pipe or do we take perhaps a more conservative approach and not
open up a can of worms for the future. Who knows what is going to happen in the future.
Kingsford: Counselor?
Crookston: Mr. Johnson, the drainage from the interstate, where does that enter into the
Kennedy Lateral?
Johnson: Three places actually, let's start on the north side, the north side has a tail water
ditch that parallels the interstate for approximately 1/2 mile.
Crookston: On which side of the interstate?
Johnson: On the north side, (inaudible) my field or the up stream users using the same
(inaudible) then the spill water comes down this ditch right along the north side of the
interstate and dumps directly into the Kennedy Lateral. Through a 20 foot section of a 24
inch CMP according to (inaudible). The median, the portion between the 2 lanes east-west
drains from about 1/2 mile from the Kennedy Lateral east. It drains to the grate that I have
spelled out in the plans, it drops in the grate and goes and dumps in directly in the middle
of the divide carrying water underneath the interstate. Then on the south side of the
interstate again another open ditch along the fence. This one is a little more unique in the
sense that the water running off the hills is because Overland Road is higher than the
freeway. And the (inaudible) of the fields that are currently in an agricu-tural use.
(Inaudible) goes north-south so the water runs down hits the fenced ditch and a large area
has made that ditch rather wide, approximately 3 feet wide. That picks up water from the
Kennedy Lateral east to Mountain View Equipment company. That whole area drains
south or north to the south side of the interstate and into the Kennedy. Now the equipment
company and their whole operation of I am not sure how many acres, drains to their
northwest corner, drops into a box and goes underneath the interstate. That pipe is
actually shown on the plans. That one is, I will tell you what that is, that one is a 24 inch
concrete pipe that carries the water off of that hillside underneath the interstate back to my
ditch and adds to the volume in my ditch.
Crookston: Okay, so what you are saying is the additional water that is draining in to the
Meridian City Council
February 21, 1995
Page 7
Kennedy lateral is drainage water that is north of Overland?
Johnson: Correct
Crookston: Thank you
Johnson: And is above and beyond what Nampa Meridian puts in the ditch.
Cowie: Mr. Mayor, i have a question, since we don't know sitting here how much rain we
are going to get, I have a question for the counselor. What if we go ahead and require this
to be tiled in a 48 inch pipe and we find out later that is not enough vve are getting a
flooding condition that we have had in some other areas here. Where does that put us as
far as liability is concerned, replacing that with a bigger pipe? Since we make the decision
it is okay fora 48.
Kingsford: t think clearly what has happened Mr. Cowie is Nampa Meridian has removed
themselves from liability because they are saying that is what their responsibility is. I think
as you guys well know you are the ones that will have the visitors in here that are under
water.
Crookston: I am not sure exactly what the ramifications of that are as to the City. If we say
the it with a 48 inch pipe and for some reason there is flooding that would have been
handled by say a 60 inch pipe it is kind of one those deals about a 100 year flood. What
is a 100 year flood, it doesn't mean it only occurs in 100 years, that is what they are saying
is the likelihood of it. !don't know exactly the answer to your question Bob as to how much
exposure the City has by declaring that they should put in a 48 inch pipe. There is
certainly exposure.
Cowie: 1 agree with the Mayor we will have quite a bit of exposure with the people out
front.
Morrow. 1 think the other issue here is if 1 understand Ada County right development
ordinances with respect to Ada County Highway District and ours is as that ground
develops both Mr. Johnson's ground and the ground immediately adjacent to Mountain
view Equipment they will required to retain all of their drainage on site. Now that having
said that, that would indicate that in the longer period of time that pipe should be adequate.
The question is how long is it before that occurs, the next question is that we are now
beginning to see some changes in how on site drainage is being handled. The
conventional wisdom in terms of putting it in the ground may no longer prevail in the next
few years. Certainly we are seeing some change in terms of grass swails. I think at this
point from my perspective although I would like to see the ditch tiled I also think it is
Meridian City Council
February 21, 1995
Page 8
borderline close enough that it maybe makes good sense to not the the ditch for the near
term. Primarily of who wins or loses in a liability situation if you have flooding there it is
going to impact some homes and streets and those kinds of things ultimately. So maybe
it makes more sense in the short term not to do that.
Kingsford: Well, just a comment, we are in receipt of a letter from Mr. Gary Fors who is
present here this evening who is the property owner to the immediate north. He is against
tiling the ditch and is also concerned about the fence. I visited with Mr. Johnson about the
fence and if he will re-iterate that is in the process of building up, is that correct, or you are
going to put it up?
Johnson: That is per our license agreement with Nampa Meridian Irrigation in which we
have had signed for some time, almost 8 months. As per working with Gary on the plat
itself the fence line has been spelled out specifically on the plat as to where it would go
so that the lots in the near area will be 8,Ot~ square feet from the fence towards the street
and not counting any area behind the fence but still like technically part of their lot. So the
fence, the location of the fence has been directly addressed. As to the timing I would
imagine like other things prior to either building permits or occupancy permits the fence
would be required to be installed. And Bruce or Gary would certify that it had been
installed.
Kingsford: We now have an ordinance that requires a fence, it wouldn't necessarily have
to be a finished fence, but a fence go up around it to keep debris and so forth in the
construction area. So I would think that this would be far enough ahead to use that fence
for a construction fence or have it up prior to selling any lots. Mr. Fors since you are here
did you have anything you wanted to add to you letter? Since you have been so diligent
and have been here several evenings have at it.
Fors: I don't really know as if I have anything else to add to it other than as far as tiling the
ditch I really don't see any need for that. We are looking at private property here, we are
not looking at a public access. If you are yourself to walk down that ditch I could get you
for trespassing. So as far as safety goes well big deal. Max, brought up a thing about well
how much water is going to come down there. We113 years ago it flooded out my nursery
and it was because of a rain storm. And the other thing is, I don't know how many of you
guys have walked down that ditch, it is a big ditch. It is, I have never measured it, it is 6
foot deep, it is 6 foot across. So the Nampa Meridian Irrigation District says that 48 inches
is good enough, well why in the hell do they have that big of a ditch there, there is some
reason. I have seen that thing, let's put it this way, I have water floating in my building in
my nursery. I am not saying the ditch over flooded, we had enough rain to do that and it
did happen. The other stuff in this letter is probably immaterial for this hearing, I would like
to set up a ditch session with you guys one day if I could for the rest of it. I am just
Meridian City Council
February 21, 1995
Page 9
u
pertaining to the tiling of the ditch tonight, the rest I have got some complaints and so forth
as you can well see. I would like to do that but I think that you have enough on the agenda
tonight to probably get to 11:00 or 12:00 tonight. As far as the tiling of the ditch, I am
against it, it isn't needed, safety wise it is needed because it is private property.
(Inaudible)
Kingsford: I would probably take a little exception to the private property because kids
drown that yet don't know how to read and so we have some real concern about that.
Fors: Let me make this statement here, the guy that lives along the east end of my
property on the east and south end of my property 1 talked to him Sunday in fact. He has
2 little kids, and he doesn't want to the it and I said why don't you come up here and testify.
He said well, typical homeowner.
Kingsford: Of course that got to be our decision of making it 48, if it is a larger ditch you
get more safety problems from the inlet structure and that holding a person in. Of course
that is our basis for the 48 inch.
Fors: There are other places of course in town here that you have real big problems on
safety because you have some tiling done and there is no safety precautions here. So, I
kind of think, well let's leave it at that.
Kingsford: What we had gentleman was a continued hearing, I think it is appropriate that
you have findings of fact and conclusions of law prepared.
Morrow. Mr. Mayor I move that we instruct the City Attorney to prepare findings of fact and
conclusions of law for the variance request for the Landing Subdivision No. 7.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to have findings of fact and conclusions of law
prepared for the variance request for The Landing No. 7 Subdivision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR
ANNEXATION AND ZONING REQUEST BY CAROL LOTSPEICH:
Kingsford: You have reviewed those findings.
Meridian City Council
February 21, 1995
Page 10
Morrow. Mr. Mayor, I would move that the City Council hereby adopt and approve these
findings of fact and conclusions of law as written.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and
conclusions of law as written, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
Morrow. Mr. Mayor, I would move that the City Council, that the application set forth be
approved by the City Council for annexation and zoning under the conditions set forth in
these findings of fact and conclusions of faw. Including that the applicant or assigns enters
into a development agreement prior to the issuance of a building permit for final plat
whichever comes first and that the property only be developed as a commercial planned
development or under the conditional use process. That if the applicant is not agreeable
with these findings of fact and conclusions and is not agreeable with entering into the
development agreement the property should not be annexed.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the decision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Kingsford: Counselor, do we need a motion then to have the attorney prepare the.
Crookston: I think that is appropriate but I think we need the indication from Mrs.
Lotspeich that she is in agreement with the findings.
(Inaudible)
Kingsford: Entertain a motion to have the City Attorney prepare an ordinance zoning and
annexing the property.
Yerrington: So moved
Meridian City Council
February 21, 1995
Page 11
Corrie: Second
Kingsford: Moved by Max, second by Bob to have the City Attorney prepare an ordinance
annexing and zoning.
Crookston: Just for the record would you state your name?
(Inaudible)
Crookston: And you relation to Mrs. Lotspeich?
(Inaudible)
Crookston: Thank you.
Kingsford: All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST BY ROBERT TRUAX:
Kingsford: Council reviewed those findings.
Tolsma: Mr. Mayor I move v/e approve the findings of fact and conclusions of law for
Robert Truax variance.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve of the findings of fact and
conclusions of law for Robert Truax, roll call vote.
ROLL CALL VOTE: Corrie -Yea, Tolsma -Yea, Yerrington -Yea, Morrow -Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
Tolsma: Mr. Mayor, I would move that we approve the decision as it is set forth in the
findings of fact. It was decided the application for a variance of the lot frontage at building
setback and (inaudible) for Fenway Park Subdivision No. 3 was platted and approved for
Meridian City Council
February 21, 1995
Page 12
Lot 3 Block 2 Fenway Park No. 3 is approved.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve the decision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #6: ORDINANCE #692 - ALIDJANI REZONE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SCHOOL
PLAZA SUBDIVISION NO. 1 LOCATED IN GOVERNMENT LOT 2, NW 1/4 OF SECTION
7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO,
1993 LOT 1, 2 AND 4; AND PROVIDING AN EFFECTIVE. Is there anyone from the public
that would like Ordinance #692 read in its entirety? Seeing none I would entertain a motion
on #692.
Crookston: Mr. Mayor, vve had amended findings on that, did you want to approve those
first.
Kingsford: I thought we had already approved those? Didn't we do that at the last meeting
and then had you prepare the ordinance? That was approved at the last meeting, $50.00
fine on the attorney.
Crookston: I know that we did make changes in the findings as a result of Helen Alidjani's
statements. There have been new findings prepared which I have given to the City. I think
it would be appropriate to approve those findings.
Kingsford: I don't think anyone has received those, I have not seen them.
Crookston: 1 can go ahead and prepare the ordinance but I would like to have those
findings approved next meeting.
Kingsford: We have the ordinance right here that I just read Counselor, another $50.00.
Counselor we approved also in the minutes last time the change in the findings of fact
changing the name of the applicant from John Thom to Helen Alidiani.
Crookston: There were other changes based upon what Mrs. Alidjani stated at the hearing
on February 7th.
Meridian City Council
February 21, 1995
Page 13
Corrie: Mr. Mayor, I move that we table ordinance #692 until.
Kingsford: We have a motion on the floor, I will entertain an amended motion. Do you
want to withdraw your motion?
Yerrington: I will withdraw the motion.
Tolsma: Withdraw the second
Corrie: I move that we table Ordinance #692 until the next regularly scheduled meeting.
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to table #692 until the next meeting, all those
in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: You will be receiving in your box from Mr. Berg the amended findings, review
those and be prepared on those at the next meeting.
ITEM #7: ORDINANCE #693 - DAVIES REZONE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN DESCRIBED
AS A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 1,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND
PROVIDING FOR AN EFFECTIVE DATE. Counselor how come your machine puts in 2
Meridian's in there back to back, fix that, another $50.00. Is there anyone from the public
that would like to have Ordinance #693 read in its entirety? Seeing no one I would
entertain a motion on #693.
Tolsma: Mr. Mayor I would move we approve Ordinance #693 with suspension of the
rules.
Corrie: Second
Kingsford: Moved by Ron, second by Bob that we approve of Ordinance #693 with
suspension of the rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
Meridian City Council
February 21, 1995
Page 14
MOTION CARRIED: All Yea
ITEM #8: ORDINANCE #694 -PACIFIC WATER WORKS ANNEXATION:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING
A PORTION OF LOT 2 AND LOT 3, BLOCK 2 OF COMMERCE PARK SUBDIVISION AS
FILED FOR THE RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, IN
BOOK 45 OF THE PLATS AT PAGES 3720 AND 3722, LOCATED IN THE SW 1/4 OF
SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public
that would like to have Ordinance #694 read in its entirety? Commerce Park is the
industrial subdivision that Albertson's sundries and so forth on Eagle Road. Seeing no
one then I would entertain a motion on Ordinance #694.
Yerrington: Mr. Mayor 1 move that vue approve #694 Ordinance with the suspension of the
rules.
Tolsma: Second
Kingsford: Moved by Max, second by Ron to approve Ordinance #694 with suspension
of the rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Crookston: Mr. Mayor, there are supposed to be 2 Meridian's in a row because it says in
the legal description, where it says Boise Meridian that is part of the legal description,
Meridian, Ada County is part of the kind of an address. That is correct. So vve are going
back to you owe me whatever.
Kingsford: I disagree, since I sign the check you are wrong. We have never had that
before, is that a correct legal description?
Smith: Yes
Kingsford: Then we have to fine him $700 or $800 because it hasn't been there in the
past.
Crookston: We have not always added the Meridian, Ada County, Idaho in there. We
Meridian City Council
February 21, 1995
Page 15
have always added Ada County, Idaho.
Kingsford: 1 just had a problem with the double Meridian.
ITEM #9: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE 20 FOOT
PLANTING STRIP REQUIREMENT BY ALBERTSON'S, INC.:
Kingsford: At this time I will open that public hearing and invite the owner or his designee
to speak first.
Craig Slokum, 2581 West Linden, Boise, was sworn by the City Attorney.
Slokum: Mayor and Councilmen, Craig Slokum with CSHQA Architects representing the
applicant Albertson's Inc. The applicant is requesting a variance from the City Ordinance
to the the Eight Mile Lateral which is the southern boundary of this property. They request
this variance based on similar variance being granted to the property directly to the south,
Rod's Parkside Creek. We also, the applicant requests a variance to the City ordinance
which requires the 20 foot planting strip adjacent to residential properties. The conceptual
plan that we have worked with Shari Stiles of Planning and Zoning and Gary Smith of
Public Works, it has been conceptually approved by the City. It calls for adequate planting
strip to be provided along the western property line. However, along the southern property
line where the Eight Mile Lateral exists we are proposing to provide 10 feet for about half
the distance of the property. In 2 locations it would be 0 feet from the easement which
exists for the lateral. I guess I should explain that in fact we are providing more than 30
feet from our property line but are unable to plant it short of reaching an agreement of
Nampa Meridian Irrigation District to provide landscaping in their easement which wouldn't
allow us to put in trees or shrubs anyway as they are required to get in there to service that
ditch. I think the plan provides more than adequate landscaping along that southerly
property line there are areas where there is in excess of 50 feet of landscaping. I think the
ordinance is in place to provide a buffer from the residential and the existing easement that
goes along with that Eight Mile Lateral provides 60 feet of buffering from the residential as
it exists. (End of Tape) That is what we are requesting tonight, thank you.
Kingsford: Mr. Berg, all we have in our packet is a variance request for the landscape
strip, was that what was accomplished? The tiling issue was at least not in my packet.
(Inaudible)
Morrow. There are 2 variances that they are requesting, but one is on our agenda and that
is the 20 foot planting strip.
Meridian City Council
February 21, 1995
Page 16
Kingsford: Counselor, jog my memory, are we still tiling all ditches, that is larger than a
48 and it has been our policy to grant a variance on that. Did that not get changed?
Crookston: It hasn't been changed because we are still in the process of changing our
entire zoning and subdivision development ordinances.
Tolsma: (Inaudible)
Crookston: It has been granted to Rod's Parkside Creek.
Kingsford: What about the fact that vve haven't noticed that then for this evening.
Crookston: If it has not been noticed then you can't act on it.
Slokum: Both applications for variance were submitted on one application.
(Inaudible)
Kingsford: So it was on the notice that was sent out. We just don't have the information
everybody else does, that is usually the case. Any questions for Craig?
Morrow. My question would be on the southern property line between Parkside Creek and
this parcel of property, even though there is approximately 60 feet, is that not all flat?
There is no berm or anything to deflect sound, light, noise and that kind of thing from that
subdivision?
Slokum: It is flat with the ditch in the middle.
Morrow. I understand that, and you are proposing not to buffer in any way other than some
small amount of trees and then nothing else to further isolate this commercial entity from
this subdivision.
Slokum: There would be 60 feet of distance and then for a great more than half of it there
is over 20 feet, then there is a distance from the rear corner of Albertson's to Ten Mile that
we have proposed 10 feet, so you have 70 feet of a distance from the residential property,
10 of that being landscape screening. Within 10 feet you can provide trees, the site you
can provide in 20 feet.
Morrow. My question is how are you protecting the subdivision from noise, light and other
types of things that impact a subdivision?
Meridian City Council
February 21, 1995
Page 17
Slokum: City ordinance requires us to not have lights.
Morrow. Trucks have lights and trucks have diesel engines, those things all make noise.
I guess my point here Mr. Slokum is if you are going to be a good neighbor to an already
existing subdivision let's be a good neighbor, how are you going to protect those folk from
the in and out of the everyday business. Albertson's runs night freight crews many times
those deliveries are made at night. And certainly those folk have every right to have a
peaceful sleep, so how do you mitigate that noise?
Slokum: 1 think between the screening that we proposed as well as the distance if we if
Albertson's chose to the the ditch we could certainly move that building far closer to that
property than we are proposed. We feel that not tiling it and bringing the building farther
back will in fact provide more sound buffering than 10 additional feet of landscaping.
Morrow. I have no further questions.
Tolsma: Isn't that also where the trash compactor and everything sits back there,
(inaudible)?
Slokum: It is.
Tolsma: And then the trash truck (inaudible)
Slokum: They will, the typical trash compactor, if I am not mistaken operates one time a
day.
Tolsma: But that also is early in the morning and very late in the evening. A lot of times
when most deliveries are made.
Slokum: I don't, Scott do you know on delivery times?
(Inaudible)
Corrie: Mr. Mayor, following Councilman MorrovJs thinking, we have got with another
chain that is going in another place, people were quite concerned with the noise. I am
pretty sure the people in this other area are going to be concerned about it too. If we don't
have some buffering in there other than just 70 feet and some trees, I don't think that is
going to cut it. They are going to come back and say why not something to cut that noise
down, the trucks. And I am thinking the same way he is, just because you have 70 foot of
space there and a ditch that is not going to stop the noise from going through, you need
something to buffer that, whether it is a mound or whatever you want to do. So 1 would
Meridian City Council
February 21, 1995
Page 18
really suggest you go back and put a planting strip in there some kind of buffer zone rather
than just 70 foot of space. I would like to see you do that.
Kingsford: Anyone else? So that I am clear again Craig, you are talking about 20 feet for
most of the way, 10 feet for some of the way and did I not hear you say that there wouldn't
be any planting at that 2 intervals?
Slokum: At one particular spot where the Albertson's building very closely abuts the 30
foot easement.
Kingsford: The southwest corner of that. And so that would be close enough that there
wouldn't be trucks logically going around there.
Slokum: There is no access provided completely around the back of Albertson's. Which
if we tiled the ditch would be an option. The configuration and size of the site without tiling
the ditch doesn't allow that.
Kingsford: Any other questions? Anyone else from the public?
Katy Brown, 3459 Sugar Creek Drive, was sworn by the City Attorney.
Brown: Our property is on Sugar Creek, we back up directly across the Eight Mile Lateral
that comes across into our property which is being tiled now. Number 1 this canal should
be tiled completely because there is nothing but children playing in it all summer long. We
have had the police out and everything else chasing them out of our canals because I
don't want the liability. Number 2, the things with the lights in that parking lot are going to
be in my bedroom window and I do oppose that. When the road was put in and they
started widening the road they did a noise impact on our property because our house and
neighbors house is elevated. They said at the time they widen the road we would not have
a significant noise impact. You put an Albertson's there I am going to have a significant
noise impact. The trucks coming and going, the lights in the parking lot are not going to
do anything for my property value, I am sorry there needs to be something more done.
These canals need to be tiled, there needs to be a stop light on Ten Mile that at the time
they told us that they were widening this road it would be at least another year and a half
from the time the road is completed before the stop light was put in on that intersection.
That needs to be addressed also. We didn't know anything about these even going in until
I received this letter in the mail last week. I am opposed to it being there if there is not
going to be some kind of a noise barrier put in on our properties and something to do
about the traffic and the lights.
Kingsford: Katy, so that I am clear, you are across Cherry Lane?
i
Meridian City Council
February 21, 1995
Page 19
Brown: We are across the street, the canals come over onto our property and go across
the golf course.
Kingsford: Thank you, anyone else from the public? Seeing no one I will close the public
hearing. I would assume that we need to have findings.
Corrie: Mr. Mayor, one quick question, are you saying you would file that ditch?
(Inaudible)
Corrie: You are requesting to not file it? Thank you
Kingsford: I assume that we need to have findings Counselor? Entertain a motion to that
effect.
Corrie: So moved
Morrow. Second
Kingsford: Moved by Bob, second by Walt to have findings of fact and conclusions of law
prepared, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE 20 FOOT LOT
SQUARE FOOTAGE FOR LOT 12, BLOCK 12 OF THE LANDING NO. 7 BY SKYLINE
DEVELOPMENT:
Kingsford: At this time I will open the public hearing and invite the owner or his designee
to speak first.
Tucker Johnson, 5635 North Eagle Road, was sworn by the City Attorney.
Johnson: This request comes after working with Shari Stiles on staff. From my
perspective this is the current events that transpired, back when we annexed this property
into the City and then we proceeded with the preliminary plat. The preliminary plat was
approved without any reference to or comments about block length. The preliminary plat
was approved essentially as you see it on the current plat. Then when the final plat came
through it was approved without any comments from staff regarding that issue. So vue
proceeded forward and in the process of signing the plat that is where the issue came up
about block length. Wayne Forrey, who I have been in discussion with was the original
Meridian City Council
February 21, 1995
Page 20
staff member who reviewed the preliminary plat. In his opinion the way he did it he didn't
see any problem with it. So it was frankly a little surprising to me to come back looking
forward to receiving the signed plat that it had become an issue. In cooperation with and
in the spirit of compromise Shari and I have talked over the issue and awin-win situation
would be to provide a lot, a strip for the parkway, a greenbelt pathway on that lot. I don't
know if you have a copy of the plat and kind of where that falls, in your packets that would
be visually, here it is in red on the plat. So it impacts one lot which would make that lot very
similar to the lots right next to it on the east side, this side which are part of the preliminary
of another preliminary plat. Anyway the request is to grant the variance to the minimum
lot size because to put that pathway in there ws need the space to put it. It was either take
out a complete lot or request a variance to impact just one lot. The lot still remains
buildable, the backyard would be slightly smaller than the counter parts to the east. Any
questions?
Morrow. I have a couple questions, what is the current lot size in terms of square footage?
Johnson: I know it is over 8,000 square feet, I don't have that, I left that sheet in my office.
I have the net.
Morrow What would the new net be?
Johnson: 7,393, just about 600 feet is what we take out.
Morrow. My next question relates to the pathway, that pathway lot will be dedicated to the
homeowners association?
Johnson: That would be correct and they would have the responsibility to maintain it as
per the City's fire departments request to keep it free of trash and weeds and so forth.
Morrow I have no more questions?
Kingsford: Anyone else?
Crookston: I am sorry Tucker, you mentioned a variance, at least as I heard it, a variance
to the block length.
Johnson: He is correct in a sense that is where it started, this solves from staffs
perspective and the ordinance perspective the block issue. There will be a break.
Crookston: Because there will be a pathway.
Meridian City Council
February 21, 1995
Page 21
Johnson: There will be a pathway to mitigate which falls in the ordinance.
(Inaudible)
Tolsma: (Inaudible)
Stiles: The ordinance I believe requires a 5 foot paved pathway with landscaping on each
side.
Johnson: That is fine, may I ask the question then, would there be a problem with
eliminating the landscaping just have the full width be paved from fence to fence thus
decreasing the maintenance perhaps headache. Homeowners have a tendency to forget
something that is not in their yard. I through that out as a question, not a particular request.
Kingsford: The reason for the ordinance is to have it look kind of attractive and not just
paved.
Morrow Well, if it is required by ordinance we would also have to have a variance on that.
Johnson: We don't want to (inaudible)
Tolsma: (Inaudible)
Kingsford: But that is older, that is older than everyone except you. Any other questions?
Thank you Tucker, anyone else from the public that would like to offer testimony on this
issue? Seeing none I will close the public hearing. We need to have findings.
Morrow: Mr. Mayor I would move for findings of fact and conclusions.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to have findings of fact and conclusions of law
prepared, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: I would like to acknowledge Boy Scout Troop 17, v~ didn't get you when you
came in, it is good to have you folks here.
ITEM #11: CONDITIONAL USE PERMIT REQUEST TO ALLOW AN OFFICE USE BY
BORUP CONSTRUCTION:
Meridian City Council
February 21, 1995
Page 22
Kingsford: Has the Council reviewed that?
Morcow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of
law as written.
Tolsma: Second
Kingsford: Mr. Berg brings the question, Counselor do we have to approve those, I think
we do don't we?
Crookston: Yes
Kingsford: The motion was made by Walt, second by Ron to approve the findings of fact
and conclusions of law for the conditional use permit request by Borup Construction, roll
call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Kingsford: Entertain a motion on the conditional use.
Morrow. Mr. Mayor, I move the City Council of the City of Meridian hereby approve the
conditional use permit requested by the applicant for the property described in the
application with the condition set forth in the findings of fact and conclusions of law.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the conditional use permit
request as set forth in the application as prescribed in the findings of fact and conclusions
of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: CONDITIONAL USE PERMIT REQUEST FOR AN AUTOMOTIVE REPAIR
AND SERVICE USE BY LESLIE MIGNEAULT:
Kingsford: Has the Council reviewed that?
Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions as
written.
Meridian City Council
February 21, 1995
Page 23
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and
conclusions of law as written, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the conditional use?
Morrow: Mr. Mayor the motion would be that the City Council of the City of Meridian
approves 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.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the conditional use permit as set
forth in the findings of fact and conclusions of law for the application, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #13: REQUEST FOR TIME EXTENSION ON SCOTTSDALE ESTATES
SUBDIVISION:.
Kingsford: Any questions that the Council has?
Corrie: How much time do they want?
Stiles: They would like the one year extension on that.
Kingsford: The letter did state that he intends to proceed in the spring or summer of 1995,
but that they would like the one year extension.
Morrow. That is not unusual we have granted those in the past have we not? Mr. Mayor
I would move that we grant the one year extension for Scottsdale Estates Subdivision.
Yerrington: Second
Meridian City Council
February 21, 1995
Page 24
Kingsford: Moved by Walt, second by Max to approve of the one year extension for
Scottsdale Estates Subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: For the record though Mr. Morrow sometimes we approve those without every
having approved the plat.
ITEM #14: DEVELOPMENT AGREEMENT AND CC&R'S FOR ENGLEWOOD
SUBDIVISION:
Kingsford: Counselor, have you reviewed that?
Crookston: Yes I have and there were some changes that were going to be made, have
those been made?
(Inaudible)
Crookston: Yes that is just with the CC&R's.
(Inaudible)
Crookston: I am sorry where exactly is the change?
Kingsford: Entertain a motion then to approve the CC&R's.
Morrow. Question Mr. Mayor, was this not the project that was before us some time ago
and there was substantial question on the part of the developer with respect to the
proposed development agreement that there was a committee that was supposed to meet
with him to iron those out? Are we under suggestion then that iron out was done as per
the original development agreement with Wayne or how was that in fact handled?
Kingsford: Has staff dealt with that?
Crookston: I have had several discussions I don't know that we had a specific meeting.
Stiles: You have reviewed this development agreement?
Crookston: Yes
Stiles: The Exhibit B?
Meridian City Council
February 21, 1995
Page 25
Kingsford: How do these differ from what you objected to earlier just for Mr. MorrovJs
information?
Jewell: (Inaudible) in regards to the changes that we were discussing at the previous
meeting, the City has gone back and re-worded I think it is item #14. They changed 2 of
the paragraphs. They have actually eliminated the first 2 paragraphs from the original
document and then revised the last paragraph to include or that the City shall require
surety bonds. So we were in agreement then to go along with once the City (inaudible).
I had discussions with Ms. Stiles and Mr. Crookston.
Corrie: Mr. Mayor, one other thing I was hearing I thought, something about the size of the
homes, this is 1800 square feet in R-4 is that correct?
Jewell: Based on your previous statement we have elected to side step that issue for the
moment.
Crookston: They originally prepared it with 1400 square feet and changed it to 1800, that
was the representation that was made before City Council on the annexation and zoning.
Morrow. In the presentation that was made to us in terms of there was some 2 1/2 pages
of recommended changes. Is that in fact what was done with the development agreement?
Crookston: Those are my comments, and I think that they are corrected. I have not
reviewed this for 3 or 4 weeks.
Kingsford: My recollection you major complaint was that in the event that you didn't
proceed that the property could be taken by the City and developed. Your statement you
know that we didn't want to be developers is certainly true and it is not something that
logically could work in terms of financing and those sort of things. So I think that was the
major hang up in the original development agreement. In this one we are just talking about
a surety bond.
Jewell: That is correct, so basically to summarize everything the subdivision development
agreement that we have right now the way you have it before you or the way Mr. Crookston
has it, is almost identical to the original agreement that was sent out as an example with
the exception of #14 where the lien was removed and just requiring a surety bond.
Kingsford: And the square footage issue?
Jewell: Yes, that is back to the original.
• ~
Meridian City Council
February 21, 1995
Page 26
Kingsford: Any other questions or comments? Shari?
Stiles: The only concern I have is that the Exhibit B that was submitted with the February
2nd, 1995 version is back to the original master draft copy of this. It doesn't address what
was done in prior versions of it saying where the fencing would be provided. It just have
school sites or fees in lieu thereof pedestrian bike paths. It just has the listing of the items
that are presented in the master as items to address and they aren't really addressed on
this exhibit B, I think that we could fix that. I didn't notice it until just now.
Jewell: We never had anything different than what you see before you there.
Stiles: This Exhibit B is not complete.
Jewell: That is all you have had.
Stiles: 1 have several different versions and all of the others show specifics.
Jewell: For Englewood? May I see them?
Stiles: For instance on this number 17 it just says greenbelt along canals and drainage,
prior to that it said land set aside for parks is provided for along Nine Mile Drain. These
are just, you see what I mean.
Jewell: She is correct, I have the wrong sheet inserted here. I will get that one back to
you as you had it right there. Did you have any problems with that one?
Stiles: I would like to add a couple of minor things, like the 20 foot designated width of the
plating strips that kind of thing. They should be on the plat already. It would still be the
same basic items that they presented before.
Kingsford: The motion would then need to be for the original Exhibit B and authorize the
Mayor and City Clerk to sign.
Jewell: Which the City should have all we need to do is insert the right one.
Corrie: But also Mr. Mayor there is yet a couple of comments in addition to that, do we
incorporate those in?
Kingsford: They were specifically what, a planting strip size and what was the other thing
Shari do you have that?
Meridian City Council
February 21, 1995
Page 27
Jewel: I elaborated on most of the items there.
Stiles: Yes, he did, he had elaborated most of the things like where the perimeter fencing
would be, he has perimeter fencing is to be installed prior to building construction those
kinds of things that we have discussed several times.
Corrie: 1 will so move Mr. Mayor.
Yerrington: Second
Kingsford: Moved by Bob, second by Max to approve of the development agreement and
CC&R's for Englewood Subdivision conditioned upon the Exhibit B going back to the
original one that we had in the past and that the 20 foot planting strip be called out
specifically and authorizing the Mayor and City Clerk to sign the development agreement,
all those in favor? Opposed?
MOTION CARRIED: All Yea
(Inaudible)
Kingsford: We will record it as soon as it is signed.
ITEM #15: BOB HAGEN: DISCUSSION ON PARKING SIGNS IN FRONT OF 24 HOUR
PLUMBING AT 1334 E. 1 ST ST.:
Yerrington: Mr. Mayor I would like to step down on this issue if you don't mind.
Kingsford: Well, it is probably about time you step down anyway. I am assuming you have
a conflict of interest.
Hagen: Thank you for meeting with me, vre have some signs out there that say 2 hour
parking in front of our place out there. To be honest with you guys according to the people
that we have talked with those signs have been up there somewhere around July of last
year. Dennis Butterfield who owns Meridian Plumbing and we are leasing this place from
him he didn't really notice it either. We have been there for approximately 3 years and I
usually have anywhere from 6 to 8 people who park their personal vehicles because we
have all of our trucks and everything out back. Up until about a month ago we just did as
normal and then one day tickets appeared on my employees vehicles. And I went ahead
and paid those and called the Police Department up and they said well they have had
complaints or problems on this and they were writing these tickets. I basically at that point
in time talked to Dennis and Dennis go a hold of Max and went out there and looked the
Meridian City Council
February 21, 1995
Page 28
place over a little bit. We were kind of dumbfounded and I will be honest with you I never
really noticed those signs and I drive by there every single day. A week later the police
wrote some more tickets, I paid approximately $100 in parking tickets. What we are
requesting is, is there any, I guess what was complaining is why did they do the change
or whatever, what was the concern. Is there anyway we can get a section there that I can
just have my employees park and.
Kingsford: Are your employees parking in front of your property?
Hagen: Yes, in front of the building there. 1334 actually sits behind and 1332 is the little
house in front. That house and the lady in front, we have worked with her, she doesn't
have any problem with us parking right there. This is in front of the house right there and
in front of the other one that is where we pretty much take up the parking area right there.
Kingsford: I think it has been our policy that we put 2 hour parking signs to provide
businesses with space for their customers. So if there is not an issue surrounding you and
that is something, and forgive me, I don't know as we would take your word, we would like
to talk to the lady in the house. I certainly wouldn't see a problem with that, that is just me,
Councilmen?
Morrow: I think from my perspective, if we are going to remove parking signs we don't
want to remove those directly in front of his property.
Kingsford: I am not so sure from there, we would want to inventory that street I suppose.
Morrow: That is correct, and I think also we take the input from the gal that lives in the
house and so on and so forth. by virtue of their type of business they don't have walk in
trade so there is not much justification from the standpoint of providing customer parking
in front of their business. Customer parking would be utilized in front of there would be
somebody going somewhere else along there.
Hagen: The only other business to be honest with you guys is just north of us there is a
commercial building and they have their own parking for people to park there. Just across
the street from us I think about 6 or 8 months ago an employment service kind of opened
up there. They are on the other side of the street and usually people park there long
enough to I guess apply whatever and then they pretty much move on. I personalty, we
have been there for 3 years, nobody has ever complained to us, nobody has come to us
and say hey you are parking in our place, we don't have a place for parking. I have never
had a complaint in the 3 years we have been there. So that is why it was a shock to me to
see it.
Meridian City Council
February 21, 1995
Page 29
Corrie: Mr. Mayor, how many employees do you employee?
Hagen: We employee 17
Corrie: How many of them drive cars and park there?
Hagen: On the average of 6 to 8, my office employees, we have parking in the front for
the office employees to park. But the service men park and then they come and take a
service truck and then they go out and run service calls. Our name pretty much indicates
we are 24 hour plumbing so 1 have certain guys who come in at 2, 3 an 4:00 in the
afternoon and park their trucks, they take a service truck so pretty much that vehicle sits
there until the next morning when their shift is over.
Corrie: How many parking spaces are you asking that would be involved here?
Hagen: I would say 8 parking spots.
Corrie: 8 spots, and how many do the front of your, what I am getting at is how many
people are going to park in front of your house? Are you going to get 8 cars in there in
front of your house?
Hagen: In front of the house we could probably get about 4 or 5 and the lady next door
about 2 or 3.
Kingsford: So we are talking about impacting 2 people?
Hagen: Yes, growth, if I am going to project a year or 2 of growth we might have one other
person down the road. If we go and talk with these people and they don't have a problem
hopefully that will be okay.
Morrow: Are these lots not a 100 by 300?
Hagen: I think so yes.
Morrow. I think what I would like to see is some sort of written out and dated from the gal
next door that it is okay with her.
Kingsford: And the gal in front, apparently we are talking about 2 parcels of frontage.
Hagen: Dennis Butterfield owns the house in front of us and the property we have.
Meridian City Council
February 21, 1995
Page 30
Kingsford: But apparently he rents it.
Hagen: And the people in front of us park behind where we park, they don't park out front
they park in the back. So they have parking behind the house and that is where they park,
their personal vehicles. They don't usually use the front at all.
Cowie: I have a question Mr. Mayor for the Chief. Evidently signs were requested by the
real estate group business Chief because of the parking problem created by AES
Electrolux. Does (inaudible) into this area?
Gordon: No sir it doesn't, that was the original complainant and after surveying both sides
of the street up there the Meridian Building presently their employees park in the back lot
and their in and out traffic parks in front. I would suggest that you take a look at that in the
peak hours. Both sides of that street and I don't know if they are employees or what but
the cars are lining both sides of the street now. We respond on a complaint basis only,
so somebody complains when we issue citations.
Hagen: That is what the police officer told me too, and I said is it the people next door or
the people across the street. We don't usually park across the street, that is the
employment agency and he is right I do see at times, but usually those vehicles don't say
long they park and people do their business and then they are gone. So on the other side
of the street, the 2 hour parking I don't think is a problem. We will do our best to stay on
our side and won't go on the other side (inaudible).
Gordon: That is what started this and we chose to sign both sides of the street because
everything has become commercial with exception of one or 2 houses left there. We did
notice that there was a lot more street parking. The problem started on the other side but
now we are getting complaints on your side. So we signed both sides. I would suggest
that you do look at that during peak hours because it will become a problem if not now it
is starting to spread down the street in both directions.
Hagen: So in other words as we get more commercial business there. Like he says we
don't really have walk in business we just service.
Kingsford: I would like to say that we ought to have the Police Commissioner go out and
do that survey but he lives in a proximity of it we can't do that. Wayne
Crookston: I was just going to say that if it is granted 1 think it would need to be granted on
the basis that it will need to be reviewed periodically.
Kingsford: Mr. Cowie would you be willing to take that little project on and check with
Meridian City Council
February 21, 1995
Page 31
those people along there?
Corrie: Yes
Kingsford: Let's have then a report next meeting and you might advise your employees
to avoid parking there until then. We will be on the agenda in 2 weeks with that report, the
7th of March.
ITEM #16: PROCLAMATION: ROTARY WORLD WINDOW WEEK:
Kingsford: Whereas, Rotary International began service on February 23, 1905; and
Whereas through the tireless member contributions to the Idaho clubs rotary continues to
be one of the finest service organizations in the country; and Whereas the Treasure Valley
community has greatly benefitted from Rotary sponsored projects such as Polio Plus, Hope
House, Hays House, Community House, Foreign Exchange Student Programs and the
Anne Frank Exhibit. Therefore, I, Grant Kingsford, Mayor of the City of Meridian do hereby
proclaim the week of February 19, 1995 through February 25, 1995 as Rotary World
Window Week and invite you to join me in congratulating them on their 90 years of
exemplary service.
ITEM #17: DEPARTMENT REPORTS:
Kingsford: Mr. Smith
Smith: Thank you Mr. Mayor and Council members, first item tonight is our Transportation
Committee Task Force met January 12th of this year and previewed all of our
transportation needs that the Committee felt were pertinent. I put forth some minutes and
I think I handed out a copy of these minutes to each one of you previously for your review.
I would like to tonight have these minutes or our report adopted by the Council so I can
send this onto the Ada Planning Association, ACHD and the tTD Representative so our
projects can be included in the transportation improvement program for this coming year.
I have some copies of the final draft of the meeting minutes, there was only one individual,
Jim Richard from ITD called me with a couple of minor corrections. They were
typographical more than anything. So I will pass this out if you would like a new copy, a
finalized copy of that.
Morrow: Mr. Mayor I would move that we adopt the Annual City Transportation plan as
written.
Tolsma: Second
Meridian City Council
February 21, 1995
Page 32
Kingsford: Moved by Walt, second by Ron to adopt the annual transportation committee
report plan as written, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you, the next item I have is a request to approve the engineering agreement
with Bell Walker Engineers Inc. of Boise. They are doing some engineering work for me
on the Meridian Road sewer line project which basically connects or extends a sewer line
from the north side of the old (inaudible) the sewer line from the north side of the Debaron
(inaudible) building west to Meridian Road and then south of Meridian Road to provide
service to the 2 new buildings under construction the Taco Bell and the Bolos Restaurant
Building. Presently the service fine for the KFC which has been in existence for some time
courses along the east boundary of the Debaron property. This property has now been
split into 2 ownerships, First Security Bank owns the strip from Meridian Road to east first
street and Rick Thomas who is a developer owns the remaining portion of that property.
That existing service line that serves KFC is definitely in the way of development. In order
to provide service to Bolos and Taco Bell it is necessary to get that service line out of
existence and to construct a sewer line in Meridian road.
Kingsford: Gary, wilt it be the responsibility then of Kentucky Fried to have to hook to the
new line?
Smith: Yes, correct, Jonathan Gibbs is the owner of the property on which KFC and Bolos
and Taco Bell are located. They have agreed to connect all three businesses to this new
sewer line. In fact the financing of the sewer line is basically in their court. I have
tentatively agreed with your approval to provide the engineering cost for the project. They
will then split the cost of the construction amongst themselves. First Security Bank, Rick
Thomas, and Jonathan Gibbs, possibly another property owner States Reality to the south
who owns the property on the corner of Waltman and Meridian Road. They may be
involved in this also. Rick Thomas has agreed to provide sewer service to Bolos and Taco
Bell on an interim basis until such time that the sewer line is constructed. Both Taco Bell
and Bolos has routed a sewer line out to Meridian Road so it is ready for connection for
when the sewer line is built in Meridian Road. The reason that I suggested using Bell
Walker is because they are the engineers on the Meridian Road roadway improvement
plan and they had a lot of the necessary information already in house. That is the reason,
their proposal is $5800 for preparation of the documents.
Morrow. Let me ask you a couple of questions here, the $5800 is payable by us?
Smith: Yes it would be.
Meridian City Council
February 21, 1995
Page 33
Morrow: And that is because this situation was created by oversights some eons ago
within the City in terms of how this thing came about with the sewer line coming across
different property owners property and there is no easements there, is that the deal?
Smith: I don't know about the oversight portion of that Walt. There are no easements for
the sewer line, there are no easements for the sewer line from Franklin Road south. The
sewer line crosses under Meridian Ford Building that serves the bowling alley, our water
superintendent who was working for us at the time and helped install that sewer line there
weren't even any plans for it.
Morrow: So the deal is we have the maintenance responsibility there and no way to
maintain it legally.
Smith: Well, I think we probably would legally have the right to do that, if it is a
prescriptive use, rf it is an easement that has generated by a prescriptive use I am not sure
how legally binding that is. I think we do have the right to maintain it and we have been
maintaining it. KFC has been a culprit that causes the maintenance of that line because
of their excessive grease.
Morrow. And solids, is the new sewer line design in terms of the size big enough to solve
some of those problems?
Smith: Well, the grease situation it was resolved by the installation of a better grease trap
by KFC and better maintenance. We are pulling a monthly maintenance on those people
right now among others.
Kingsford: I thought when they dropped the Kentucky Fried and went to KFC they did
away with the grease, wasn't that the whole intent of that name change?
Morrow. The next question I have is with respect to Bell Walker, I have some real problem
with that because as you guys may or may not know Bell Walker is in the penalty phase
of design contracts for both Franklin Road and Waltman Lane, East 1st and substantially
in that penalty phase. My question here would be is that those projects were supposed
to have been completed for ACRD some time in November. The presentations and public
hearings made in these chambers after receipt of that stuff, as of some time in December
which was the last time I spoke with Steve Specklemeir, they were close to 75°k on one
and not anywhere near close on the other. I guess my reluctance here to deal with those
folk is that if we need this done in a timely manner the question is are we going to get it
done in a timely manner. If the answer is no, then I think we need to look somewhere else.
If the answer is well maybe then do we put a penalty phase in the thing to guarantee that
they accomplish this in a timely manner. Apparently the penalty phase that ACHD has is
Meridian City Council
February 21, 1995
Page 34
not substantial enough to force completion of the plans and specs or proposals for Franklin
Road and East 1st which is 2 separate projects. I am asking for help here.
Smith: There isn't a problem getting the plans done.
Morrow. In a timely manner, do we put a penalty phase in the contract if we give them a
contract?
Smith: I had to react rather quickly on this Walt so they did some preliminary work and that
is done, so getting the final plans done I don't think is an issue. It is not a difficult project,
I have looked at the preliminary plans and made some comments on those already. We
just had, I had to get some initial information put together so I knew where we wanted the
sewer line. What properties we could serve, what properties could be participating in the
cost of the sewer line. There were several meetings that were held with the property
owners, particularly Jonathan Gibbs and Rick Thomas and States Reality who also
represented First Security Bank. So it is not an issue, I am going to prepare the bid
documents, the contract bid documents and the plans would be finalized by Bell Walker.
So we are talking a couple of weeks.
Morrow Okay, fine, I trust your judgement there. Those are the extent of my questions.
Kingsford: Entertain a motion then to that effect.
Morrow. So moved
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve of Bell Walker Engineering for
Meridian Road sewer project at $5800, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you, the next item is a proposal by Keller Associates to do the Phase No.
2 of our Meridian Greens Pump Station. I think we are getting, it is not a critical issue yet
but we need to get that engineering in place and get that finalized so we can proceed with
installation of an additional pump or pumps to boost the quantity of flow and maintain the
pressure on the south side of the interstate.
Morrow That being the case I would move for the approval of that.
Kingsford: Do they have a price tag?
Meridian City Council
February 21, 1995
Page 35
Smith: Yes, it is $5,250.
(Inaudible)
Morrow. I would move that we approve the contract to Keller and Associates in the amount
of $5,250.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of Keller and Associates for the
pump station in Meridian Greens in the amount of $5,250, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you, the next item I have for an engineering agreement is an amendment
to an agreement that we presently have with Aarons and Mason engineering. They are
providing the engineering for the Waste Water Plant for the installation of a new 80 horse
power single train boiler and the re-hab of our digester cover and piping on digester #1.
One of the things that came up was a relocation of our waste gas valuing and regulator
where we actually bum the methane gas that comes off the digesters. Presently that
mechanism is outside next to the burner. They continue to have problems with cold
weather and freezing up of the condensation in the gas. Methane gas is not a very clean
gas and so they built a house over it, they put heat tape over there and they still have
problems with it. So, they want to move this inside the digester building so we can better
control the temperature of the gas prior to its ignition at the burner. And, they would
provide this additional work for $1780 in addition to their existing agreement. I thought that
we should get this as an amendment approved by the Council.
Morrow. Mr. Mayor, I would move that we approve the amendment to the engineering
agreement with Aarons and Mason in the amount of $1780.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the amended engineering
agreement on the boiler installation project at the Sewer plant in the amount of $1780, all
those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: The last item I have, Councilman Morrow called and suggested that we the City of
Meridian and particularly Mayor and Council send a letter of appreciation and thanks to
Meridian City Council
February 21, 1995
Page 36
Jim Richard who was a representative from Idaho Transportation Department on our
transportation task force committee. And Jim was recently promoted to District Engineer
in District 6 in Rigby. That is quite a kudo because that is quite a responsible position and
I think it is a reflection on Jim's abilities and his attitudes. I will pass out a copy of this
letter that Walt asked me to draft for Jim.
Morrow: I think the other thing I want to bring up here and the reason that this is an
unusual situation is Jim Richard is the guy with ITD who served our committee for 3 or 4
years, was aware that we were pushing for the 3 lanes on the interstate both ways into
Boise, took extra funds that were left over went ahead and got that stuff designed and
ready to go and even though it was 4 or 5 years out of the schedule a flat spot in the
schedule came where funds were available because he had everything ready, he was able
to insert that into the construction schedule. We got the 6 lanes of freeway from here to
Boise built 3 or 4 years ahead of time because of this man's efforts. So I thought it
appropriate that we send him a letter of thanks. We are going to miss him because quite
candidly he is kind of an advocate for Meridian within ITD. It is a great promotion that he
got it does speak to his ability. So I have the letter here that each of us would sign and
forvvard onto him.
Smith: I might also add, the other thing that Jim helped with is the installation of signals
on Eagle Road at Ustick and McMillan. Atso, I think I would like to add that Leroy Meyer
who is our District Engineer for District 3 is an ex-Meridian resident and he is also a strong
advocate for the City of Meridian and has helped an awful lot. But I think it is Leroy's
attitudes carried down to Jim, Jim's attitudes in general. I have known Jim Richard for a
long time, prior to my coming here and he has always been the same, easy to work with
very helpful and a hard worker.
Kingsford: Gary, along that line and I don't remember where it came from, I was going to
come over and talk to you about it and I have been remiss, I heard and I want to say it was
from Claire Bowman, but that could be wrong that Leroy had some concerns about
Meridian and not helping them with Right of Way acquisition and 1 certainly want to clear
that up and see what the problem was. So if you could pass that concern along to Leroy
and (inaudible) if we have a problem we certainly want to remedy that.
Smith: I had understood that comment had been made and I don't know if perhaps there
had been some subdivision plats adjacent to state highway that hadn't been routed to
them.
Kingsford: (Inaudible) been in Meridian.
Smith: The only development that has taken place has been along Eagle Road and
Meridian City Council
February 21, 1995
Page 37
Highway 69 and all of that right of way exists so I really don't know.
Morrow. I think if I may, the one thing that Jim said (inaudible) is he was asking for some
help along Chinden and we agreed in our transportation committee to make sure that
anything we ultimately had along Chinden we got him some help with. But I am not aware
of any other area.
Kingsford: We haven't ended up with anything along (inaudible)
Morrow. WeII, no we haven't at this point.
Tolsma: (Inaudible)
Kingsford: In any event that is certainly something we don't want to have. We have really
worked with the Highway District and I thought we had with ITD so if that is not the case
certainly let's open up that line of communication.
Smith: I will certainly call Leroy and ask him if he can give me some particulars.
Kingsford: Tell him it is certainly our desire to work with him.
Smith: Thank you that is all I have, unless you have any questions of me. I might add that
we did constant discharge test pump on Well 12 today, it runs like a champ. We were
running 1500 gallons per minute with 45 foot of elevation difference in the water service
and that thing is artisan 16 feet above ground. So we are down abut 29 feet below ground
level with the draw down. The water is there, plenty of water, it has a little sulfur smell to
it but that is indicative of the deeper water. We have that same characteristic in Well No.
15.
(Inaudible)
Smith: 765 feet I believe, 1 am sorry we are deeper than that, I can't recall how deep we
ended up at 12.
Kingsford: When do you anticipate it going back on line Gary?
Smith: I have been promised that we will have the test pump information no later than this
Friday and I have alerted Tim Burgess, he has helped us in the past in selecting a pump
and that information will be immediately transferred to him and we will get that pump
purchased and get it back in the hole and get the thing tied back in and the house back
on it. So, in terms of time I would say within a month easy.
Meridian City Council
February 21, 1995
Page 38
Kingsford: Shari
Stiles: I just have one thing, a proposal to clear and level the site at 121 East Pine. We
have a proposal from John Goade Excavation for $1290, Mike Rice Excavation and
Tyrosine for $2370 and Weast Excavating for $1185. I would recommend you accept the
proposal from Weast Excavating to clear all the trash and brush and trees and level the
site.
Morrow: What were the bids again?
Stiles: $1185 for Weast, $2370 for Mike Rice, and $1290 for John Goade.
Morrow. I would move that we accept the Weast Excavation bid to clean and level the site
at 121 East Pine.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of Weast for clearing and leveling
the site at 121 East Pine, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Chief?
Gordon: Nothing on the record.
Kingsford: Counselor?
Crookston: In Gregory Ashton versus the City of Meridian that was a case involving an
automobile accident basically at the comer of East 1st and Franklin where the driver drove
into the rear part of a semi truck. He was drunk and he had sued the City of Meridian. Jim
Davis handled that defense for the City on behalf of ICRMP, he sent me a letter dated
February 17th, Dear Wayne, Judge (inaudible) heard our motion to dismiss or in the
alternative a motion for summary judgement pursuant to Idaho Rule Civil Procedure 56 B
and our motion for Rule 11 Sanctions in the above captioned case. He requested the
court to enter basically a fine to the attorney and that is what the sanctions are. He
granted both motions, we will submit a bill for cost and attorney's fees to the plaintiffs, it
will be interesting to see how much Judge (inaudible) allows for costs and attorney's fees
under Rule 11. Thanks for your assistance in this matter, it is signed by a helper, another
Attorney, Randy S. Anderson.
Meridian City Council
February 21, 1995
Page 39
Morrow: Yea, we finally win something. Send him a letter of thanks.
Kingsford: Do you want a letter?
Morrow. Sure, it is so rare that we win something that we have to recognize it.
Crookston: I would even do that gratis, if we get (inaudible).
Kingsford: You will probably get a lot less comments when I am gone Counselor just
because I think so much of you you know. Anything else? Mr. Morrow?
Morrow. Only 2 things, don't forget we have our planning session on the 28th which is a
week from tonight and we are covering the issues of the golf course and the personnel
plan as I recall. The other thing is when Councilman Corrie's turn comes I would like to
hear him speak on the fire thing.
Kingsford: Max?
Yerrington: Nothing
Kingsford: Mr. Corrie?
Corrie: That is 7:30 for the meeting on the 28th?
Kingsford: We have done one at 6:30, we have done one at 7:30, whatever your pleasure
is, 6:30?
Morrow: 6:30 is fine with me.
Kingsford: Notice for 6:30
Corrie: In reference to the fire, first off I would like to compliment the chief and his
department, you did an excellent job with the police putting barricades around and helping
us with the press and at the fire. Fire department people did a good job how they
contained that thing. The one building was really a good deal. We found out so far we
think it is electrical, we don't know for sure but we think it is. Generally speaking that is
about it, unless there are specific questions. 1 did want to let the chief know that his
department did an excellent job, thank you Chief. Any other questions?
Morrow: We had no injuries?
r~
Meridian City Council
February 21, 1995
Page 40
Corrie: No injuries, nobody was hurt, I don't know how much water was used. Bruce is
working on that now, somewhere between 150,000 to 200,000 gallons anyway. We had
6 departments there, Eagle was there with their emergency bottle trucks. North Ada
County was the second unit in coming in for help and then Kuna came in Star came in and
manned the station for us. We did have one call during that period of time. The call came
in at 21:17 hours and we were on the scene at 21:20 so it was within 4 minutes. The water
was first hit within 10 minutes. They did a fantastic job. Boise came in had just a little
problem there but no too much we are taking care of that one.
Morrow In terms of?
Corrie: Personnel orders being followed, but that is internal taken care of by the chiefs
meetings. Everybody did a good job, like I said nobody got hurt. We got a little bit of
smoke ventilation with one of the firemen but that was all. So it worked out real well.
Kingsford: How did we get to a million dollars on that building that astounds me?
Corrie: They said it was because of the equipment inside as well. Bob Hailey, I was
standing there when they made that projection to the press and I didn't quite understand
how they got it. He said with the building and the equipment that was inside of it and
everything else came to about that. It was off the top of their head. They had that fire
under control within an hour and a half by the time they got there.
Crookston: My understanding the insurance people have said that was not a total loss,
it all has to be built at that site.
Corrie: What happened when they put the ladder truck in and once you put the water
down on the roof it caves in that is what stopped the whole fire really, it just caved in on
itself. It makes it a little more difficult to find the cause but if you go in there you see on
the wall there was sort of a V, the fire, it is just like a finger print it tells you where it started.
They had 2 of those, (inaudible) that is where they are finding the cause of it. They don't
think it is arson at this point. I had one other thing Mr. Mayor on this flag pole that is out
there at Meridian Road and Fairview, is that the City's responsibility. Evidently they
(inaudible) they need a new rope and some pulleys on that. I also understand that they
are going to change that intersection very shortly, ACHD, have you heard this?
Albertson's, this has come down by the Chief to me, Albertson's made the comment that
ACRD was going to make that thing change. They might take out that curve. I would
recommend that they take the curve out, I think the Chief would too because there have
been a lot of problems, I will let him handle that one. I heard that they have been talking
with Albertson's and the people down there. So (inaudible) they are going to take that one
out I suppose.
Meridian City Council
February 21, 1995
Page 41
Kingsford: It has been discussed I don't know if any kind of a final decision has been
made to my knowledge.
Corrie: I don't' think there has been one, we do need to, we need approval to get that
pulley and rope 1 believe 3021 or Richard, he is the one that made the comment to the
Chamber. We have the flag at Chamber, we just need a new rope and a pulley to redo it.
I was going to find out if it was our responsibility to replace and would we replace the rope.
Smith: We have been, but typically we get a bucket truck, if a problem exists top side, if
the pulley is bad or the rope breaks or whatever might happen and the flag came down.
Othervvise we have been replacing the flag as it weathers.
Corrie: I guess what they said the pulleys and the ropes are in pretty bad shape. So
whoever you want to go out Mr. Mayor and look at it. That is all I have Mr. Mayor.
Kingsford: Mr. Tolsma?
Tolsma: Nothing
Kingsford: Mr. Clerk?
Berg: Nothing
Kingsford: I would like the Council maybe in Executive Session for just a couple of
minutes with regard to a possible litigation ie the contract or verbal contract, minutes
contract with Border Landscaping, to discuss that for a couple of minutes if you would.
Morrow So moved
Corrie: Second
Kingsford: Moved by Walt, second by Bob to go into Executive Session to discuss a
possible litigation, all those in favor? Opposed?
MOTION CARRIED: All Yea
EXECUTIVE SESSION
Kingsford: Let's call the meeting back to order. The issue with Border Landscape was
discussed in Executive Session, I would entertain a motion for the Council to authorize the
Mayor to negotiate with Marty Border remedying that situation.
s
Meridian City Council
February 21, 1995
Page 42
Yerrington: So moved
Morrow: Second
Kingsford: Moved by Max, second by Walt to allow the Mayor to negotiate with Marty
Borders on the disputed contract, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Entertain a motion to adjourn.
Cowie: So moved
Morrow Second
Kingsford: Moved by Bob, second by Walt to adjourn, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 9:42 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
G -
GRANT P. KING ORD, OR
ATTEST:
WILLIAM G. BERG. JR.. CI CLERK
t OR!GfNAL
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CAROL LOTSPEICH
QUEENSLAND ACRES, INC.
APPLICATION FOR ANNE7tATION AND ZONING
SOUTHEAST CORNER OF OVERLAND AND MERIDIAN ROAD
MERIDIAN, IDAHO
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on December 13, 1994, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the City Council having heard and
taken oral and written testimony and the Applicant appearing
through a representative, Tim Burgess, and having duly considered
the matter, the Planning and Zoning Commission makes the following:
AMENDED FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
said public hearing scheduled for December 13, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the December 13, 1994,
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 the property included in the application for
annexation and zoning is described in the application, and by this
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Paqe 1
•
reference is incorporated herein.
3. That the property is presently zoned by Ada County as R-T
and is used for farming; that the Applicant requests that the
property be zoned C-G, General Retail and Service Commercial; that
no specific use for the property was presented.
4. That the property is adjacent on two sides and kitty-
corner, to property zoned commercial; that there is residential
development along the easterly boundary across Ten Mile Creek and
residential development along the southerly boundary.
5. That Carol Lotspeich is the Applicant; that Applicant
does own the land; that the land was originally owned by Truman and
Doris Scott and they are deceased; that Carol Lotspeich and Theron
G. Scott are their children and they have consented to the
application and have requested this annexation and zoning and the
application is not at the request of the City of Meridian.
6. Ada County Highway District (ACRD) submitted comments and
such are incorporated herein as if set forth in full.
7. That Bruce Freckleton, Assistant to the City Engineer,
submitted comments; that the legal description supplied with this
application doesn't include 1/2 of the Right-of-Way of Overland
Road or Meridian Road; that a new legal description needs to be
submitted pursuant to Meridian City Resolution No. 158 that
includes said Rights-of-Way.
8. That Planning and Zoning Director, Shari Stiles submitted
comments; that the Applicant should enter into a development
agreement with the City; that twenty-foot (20') planting strips are
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 2
required adjacent to residential development; that the Meridian
Comprehensive Plan calls for a pathway along Ten Mile Creek and a
35 foot landscape setback along Overland Road and Meridian Road;
sidewalks well be required along Meridian Road and Overland Road at
the time of development; that any development shall be subject to
conditional use permit procedures to ensure that the goals of
Meridian Comprehensive Plan and City Ordinances are met.
9. The Meridian Police and Fire Department Departments
submitted comments as did the Central District Health Department,
and Nampa Meridian Irrigation District; that all such comments are
incorporated herein as if set forth in full.
10. Tim Burgess stated that the Applicants do not own the 144
foot parcel between this piece of property and Calderwood Drive;
that that portion has a residential dwelling unit on it and the
residents have indicated their desire to cooperate with the
Applicant's in whatever is done with the property.
11. That a letter was submitted to the Commission from Steve
Anderson, Vice President of Running Brook Estates, Inc., commenting
that they would like to have input with regards to the buildings
and landscaping that will be along the Ten Mile Creek as to how it
will effect Running Brook Estates Subdivision.
12. That Sherry Rock testified as to some concerns regarding
the commercial zoning and whether or not notification would have to
be made to the neighborhood before the property was developed.
13. That Lance Peterson testified regarding the commercial
zoning; that he is against it; that the piece of property is too
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 3
large and too close to residences nearby; that he suggests rezoning
the first one-half acre or one (1) acre on the corner of Overland
and Meridian for commercial leaving the rest to something else, but
not rezoning the entire eleven (11) acres C-G; that is could be
become a truck stop or a car lot, too big, noisy and pollitant.
14. That Cindy Peterson commented that the Council should be
concerned over what goes in next to homes; that she needs to know
what kind of commercial development is being considered; that it is
very important to know what will become of her new neighborhood.
15. That Dan Albach, Travis Irons, and Tim Alexander all
testified regarding the same concerns as each other; that they do
not want activity such that would come with a truck stop or gas
station; that the general vicinity is residential and that
commercial does not fit in; that there would be much noise,
pollution and light as a result of this type of development; that
Mr. Albach stated that the commercial zoning would be okay if it
didn't involve the kind of activity a truck stop would bring; that
Mr. Alexander is concerned with what would happen to his property
value should this become a truck stop; that he is not opposed to
the zoning; that it would just depend on what the project was; that
Mr. Irons referred to section 2-416, paragraph K, #1, 4, 5, 6, 9
and 12 regarding general standards for zoning amendments; that the
rezoning must be harmonious with the existing character of the
general vicinity, that the general vicinity is mostly residential,
growing more all time.
16. That the property included in the annexation and zoning
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 4
application is within the Area of Impact of the City of Meridian.
17. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and in the Meridian Area of Impact.
18. That the property can be physically serviced with City
water and sewer.
19. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
A. Under ECONOMIC DEVELOPMENT, Economic Development Goal
Statement.
Policies, Page 19
1.1 The City of Meridian shall make every effort to
create a positive atmosphere which encourages
industrial and commercial enterprises to locate in
Meridian.
1.2 It is the policy of the City of Meridian to set
aside areas where commercial and industrial
interests and activities are to dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respect
the unique needs and features of each area.
1.5 Strip industrial and commercial uses are not in
compliance with the Comprehensive Plan.
1.6 It is the policy of the City of Meridian to support
shopping facilities which are effectively
integrated into new or existing residential areas,
and plan for new shopping centers as growth and
development warrant.
1.8 The City of Meridian intends to establish a Design
Review Ordinance which will foster compatible land
use and design within the development, and with
contiguous developments; and encourage innovations
in building techniques, so that the growing demands
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 5
of the community are met, while at the same time
providing for the efficient use of such lands.
B. Under LAND USE, Mixed-Use Areas Adjacent to I-64,
Overland Road and Franklin Road, Page 28.
5.6 The development of a variety of compatible land
uses should be provided in specific plans and
proposals for future development.
5.8 Development in these areas should be based on
functional plans and proposals in order to ensure
that the proposed uses conform to the Comprehensive
Plan policies and are compatible with the
surrounding neighborhoods.
5.9 The integrity and identity of any adjoining
residential neighborhood should be preserved
through the use of buffering techniques, including
screen plantings, open space and other landscaping
techniques.
5.10 Development should be conducted under Planned Unit
Development procedures and as conditional uses,
especially when two or more differing uses are
proposed.
5.11 The character, site improvements, and type of
development should be harmonized with previously-
developed land in the area, and where located
adjacent to or near any existing residence or
residential area, shall be harmonized with
residential uses, and all reasonable efforts shall
be made to reduce the environmental impact on
residential areas, including noise and traffic
reduction.
5.12 Strip development within this mixed-use area is not
in compliance with the goals and policies of the
Comprehensive Plan.
5.13 Clustering of uses and controlled access points
along arterials and collector streets will be
required.
5.14U Because these areas are near I-84, Franklin and
Overland Roads, high-quality visual appearance is
essential. All development proposals in this area
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 6
i •
will be subject to development review guidelines
and conditional use permitting procedures.
5.15U The mixed-use area in the vicinity of the
Overland Road/Franklin Road/ Eagle Road/I-84
interchange is a priority development area.
C. Under TRANSPORTATION, Page 42 and 72
a. Overland Road east of Linder Road and Meridian Road
are listed as Minor Arterials and as Entryway
Corridors.
D. Under COMMUNITY DESIGN, Policies, at Page 73
1. Entrance Corridors Goal Statement - Promote,
encourage, develop and maintain aesthetically
pleasing approaches to the City of Meridian.
2. Policies,
a. 4.4U Encourage 35-foot landscaped setbacks
for new development on entrance corridors. The
City shall require, as a condition of development
approval, landscaping along all entrance corridors.
20. That in the Rural Area section of the Comprehensive Plan,
Land Use, Rural Areas, page 29, it states as follows:
"Land covered by this policy section has characteristics which
generally allow for agricultural and rural residential
activity due to the existence of irrigation systems, soil
characteristics and relative freedom from conflicting urban
land uses. Where community growth creates pressure for new
development, it must be recognized that agricultural land can
no longer economically continue to be identified or used as
agricultural land to the exclusion of orderly city growth and
development."
21. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states that land in agricultural activity
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 7
~.
should so remain in agricultural activity until urban services
(municipal sewer and water facilities) can be provided.
22. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states as follows:
"Existing rural residential land uses and farms/ranches shall
be buffered from urban development expanding into rural areas
by innovative land use planning techniques."
23. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planed Use Development area.
24. That the requested zoning of General Retail and Service
Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B.
11. as follows:
(C-G1 General Retail and Service Commercial: The purpose of
the (C-G) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial development and
encourage clustering of commercial development.
25. That Planned Development is defined in 11-2-403 B, at
page 20 of the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 8
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
classification applies to essential public services, public or
private recreation facilities, institutional uses, community
facilities or a PD which includes a mix of residential,
commercial or industrial uses."
26. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B
Commercial, Planned Commercial Development, is a permitted use in
the C-G district and Planned Unit Development - General, is an
allowed conditional use in the C-G district.
27. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
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 annex land
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 9
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the Planning and Zoning commission has judged these
annexation, zoning and conditional use applications under Idaho
Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian
City Ordinances, Meridian Comprehensive Plan, as amended, and the
record submitted to it and things of which it can take judicial
notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 10
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
pressurized irrigation.
10. That the Applicant stated no proposed use of the property
and therefore it cannot be determined if the use would be in
compliance with the Comprehensive Plan, however any uses would have
to comply with the Zoning Ordinance.
11. That the City adopted the Comprehensive Plan at its
meeting on January 4, 1994, and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
but the Zoning Ordinance may not address provisions for the use; it
is concluded that upon annexation, as conditions of annexation, the
City may impose restrictions that are not otherwise contained in
the current Zoning and Subdivision and Development Ordinances.
12. The Applicant has not stated or represented its intention
as to development, which is of concern to the Commission; it is
therefore concluded, as a condition of annexation and zoning, that
any use or development of the property shall only be allowed as
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 11
conditional uses.
13. That it is concluded that the City could annex the
property and zone it C-G but once the property was zoned C-G, the
Applicant could place many different uses on the property without
additional approval from the City other than building permits,
which limits the control that the City should have over the
development and the uses of the property due to the mandates of the
Comprehensive Plan.
14. That it is concluded that since the Comprehensive Plan,
under LAND USE, Page 28, Mixed-Use Area at Locust Grove Road and
Fairview Avenue, in 5.10, states that all development should be
conducted under Planned Unit Development procedures and as
conditional uses and since the City should have control over any
uses that are to be placed on the land, it is therefore concluded
that development of the parcel of land is conditioned on being
developed as a Commercial Planned Development, which is allowed in
the General Retail and Service Commercial (C-G) district, or under
the conditional use permit process.
15. Therefore, it is concluded that the property should be
annexed and zoned General Retail and Service Commercial (C-G), but
only capable of being developed as a planned commercial development
or under the conditional use permit process.
16. That, as a condition of annexation and the zoning of C-G,
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 12
the Applicant shall be required to enter into a development
agreement as authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address, among other things, the
following:
1. Inclusion into the development of the requirements of 11-
9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
c. H, Public Sites and Open Spaces.
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
2. Payment by the Applicant, or if required, .any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fee, adopted by the
City.
3. Addressing the subdivision access linkage, screening,
buffering, transitional land uses, traffic study and
recreation services.
4. An impact fee to help acquire a future school or park
sites to serve the area.
5. An impact fee, or fees, for park, police, and fire
services as determined by the city.
6. Appropriate berming and landscaping.
7. Submission and approval of any required plats.
8. Submission and approval of individual building, drainage,
lighting, parking, and other development plans under the
Planned Development guidelines, including plans for the
storage units.
9. Harmonizing and integrating the site improvements with
the existing residential development.
10. Establishing the 35 foot landscaped setback required
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 13
under the Comprehensive Plan and landscaping the same.
11. Addressing the comments of the Planning Director, Shari
Stiles.
12. The sewer and water requirements.
13. Traffic plans and access into and out of any development.
14. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
17. That Section 11-2-417 D of the Meridian Zoning Ordinance
states in part as follows:
"If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. .";
it is concluded, however, that it is more appropriate for a
development agreement to be entered into when plans for development
are better known and therefore as a condition of annexation a
development agreement must be entered into prior to issuance of a
building permit or prior to plat approval, which ever comes first.
18. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact, particularly paragraphs
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 14
17 and 20, and Conclusions of Law and if they are not met the land
may be de-annexed.
19. That the requirements of the Meridian City Engineer, Ada
County Highway District, Meridian Planning Director, Central
District Health Department, and the Nampa & Meridian Irrigation
District, shall be met and addressed in a development agreement.
20. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
be subject to de-annexation. That pressurized irrigation shall be
installed and constructed, and if not so done the property shall be
subject to de-annexation.
21. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance and the development agreement, and it shall only be
developed as a commercial planned development or under the
conditional use process.
22. That these conditions shall run with the land and bind
the applicant and its assigns.
23. With compliance of the conditions contained herein, the
annexation and zoning of General Retail and Service Commercial (C-
G), would be in the best interest of the City of Meridian.
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 15
24. That if these conditions of approval are not met, the
property shall not be annexed or if already annexed, it shall be
de-annexed.
APPROVAL OF AMENDED FINDINGS OF FACT AND
The Meridian Planning and Zoning Commission of the City
Council of Meridian hereby adopts and approves these Findings of
Fact and Conclusions.
ROLL CALL
HEPPER VOTED
ROUNTREE VOTED
SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
RECONMENDATION
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for annexation and zoning under the conditions set forth in
these Findings of Fact and Conclusions of Law, including that the
Applicant, or assigns, enters into a development agreement prior
issuance of a building permit or final plat, which ever comes first
and that the property only be developed as a commercial planned
development or under the conditional use process; that if the
Applicant is not agreeable with these Findings of Fact and
Conclusions and is not agreeable with entering into a development
agreement, the property should not be annexed.
MOTION:
APPROVED:
DISAPPROVED:
AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 16
# ~
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of
Fact and Conclusions this ~ day of [r,r~ • , 1994.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
(INITIAL)
APPROVED~~~
VOTE
VOTED
VOTED
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
ENGLEWOOD CREEK ESTATES
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Dated: February 21, 1995
Recorded:
Instrument No.:
The undersigned, being the owners ofthe property hereinafter described, hereby adopt
the following protective covenants in their entirety to apply to real property subdivided
and contained in an estate to be known as ENGLEWOOD CREEK ESTATES,
being a portion of Government Lot 1, Section 3, T3N, R1 W, B.M., Ada County, Idaho.
ENGLEWOOD CREEK ESTATES is divided into single-family residential lots in
compliance with the local and state regulations and laws.
The following covenants shall run with the land and be in force and effect for thirty
(30) Years hereafter unless sooner terminated or ammended by agreement of the
owners of seventy-five percent (75%) of the lots in the estates and are as follows, to
wit:
(1) No building, fence, wall, structure, improvement or obstruction shall be
placed or permitted to remain upon any part of said property unless a written request
for approval thereof containing the plans and specifications thereof, including exterior
color schemes having no offensive colors, has been approved in writing by a majority
of the Architectural Committee or by its representative designated by a majority of the
Committee. The approval of the Committee shall not be unreasonably withheld if the
said plan and specifications are for improvements which are similar in general design
and quality, and generally in harmony with the dwellings then located on said
property.
The floor area of a one story house in this estate shall be a minimum of 1800
square feet and the ground floor area of a split entry or a two-story house in this
subdivision shall not be less than 1000 square feet having a total of a minimum of
1800 square feet. The dwelling structures existing prior to development of this
subdivision shall be excluded from the square footage requirements but shall conform
to all other requirements if remodeled at any time after these covenants have been
filed and recorded. No residence shall be in excess of two stories.
All area requirements shall be exclusive of the garage area and shall be well
constructed of good quality material and workmanship. For the purpose of these
covenants, eaves, and open porches shall not be constructed to permit any portion of
En°Iswood Creek Estates
CC9RIFabruery 21, 1996/rjhj 1
a building to encroach upon any other lot. Eaves, steps, and open porches shall not
extend into the the required setback areas.
All buildings shall be provided with architectural type shingle roofs or a similar
alternate approved by the Architectural Committee.
Fences shall not exceed the height of 6 feet on any lot and shall not exceed the
height of 3 feet within 20 feet of any street without express approval of the
Architectural Committee, and shall be properly finished and maintained. No fencing
or obstructions shall be built within Nine Mile Creek so as to obstruct a 100-year
storm; obstructions shall not be constructed below the crest of the bank.
The location of fences, hedges, high plantings, obstructions or barriers shall be
so situated as not to unreasonably interfere with the enjoyment and use of neighboring
properties and streets and shall not be allowed to constitute an undesirable or noxious
or nuisance use, The determination of the Architectural Committee shall be binding
on all parties as to whether an undesirable, noxious or nuisance use exists.
At least ten 110) days prior to any construction being commenced, two sets of
plans and specification shall be submitted to the Committee. Both sets of plans shall
be marked with any pertinent comments, dated and receipt acknowledged by the
Chairman of the Committee with one set returned to the owner within five 15) working
days of receipt.
(21 No building shall be located on any easement or lot nearer to the front lot
line or nearer to the side and rear lot lines than the minimum building setback
distances as set forth in the Meridian city Zoning Ordinance, however, in any event
no building shall be located on any lot nearer than twenty (20) feet from the front lot
line and fifteen (15) feet. from the rear line nor nearer than five (5) feet per story to
any side line,
(3) Construction of any residences on the subdivision shall be diligently pursued
after commencement thereof, to be completed within one (1) year, including
landscaping.
Each house shall have at least one ornamental tree of at least 2-inch caliper in
the front yard.
14- No building shall be moved onto any of the lots in this subdivision.
151 No shack, tent, trailer house or manufactured home shall be used within
this subdivision for permanent or temporary living quarters. Zoning does not allow
such use.
Enplswood Crsak Estate
CC&R/Februry 21, 1996/rjhj 2
16) Nothing of an offensive, dangerous, odorous, or noisy kind shall be
conducted or carried on nor shall anything be done or permitted in said subdivision
which may become an annoyance or nuisance to the other property owners in said
subdivision. All lot owners shall plant grass or sod in yard areas and maintain to a
maximum of 4 inches high.
17) Keeping or raising of farm animals or poultry shall be prohibited. All dogs
or cats or household pets kept on the premises shall be properly fed and cared for and
shall be adequately fenced so as not to annoy or trespass upon the use of the property
of others.
Dogs shall not be allowed to run at large. Not more than two dogs, cats or
other pets may be kept at one time, except that a litter of young may be kept until 8
or nine weeks old.
No business shall be conducted on the above property that cannot be
conducted within the building on the property and which has been allowed under the
zonong laws of the City of Meridian. No signs shall be installed to advertise any
business. No oil exploitation, development shall be permitted upon the lots in this
subdivision.
(81 Only one outbuilding per lot will be allowed. All outbuildings shall be
constructed of good quality building material, completely finished and painted on the
outside and shall be of good quality and character that will be in harmony with the
other building on said property and must be approved by the Architectural Committee.
191 No building or structure shall be placed on said property so as to obstruct
the windows or light of any adjoining property owner in said subdivision.
110) Easements for installation and maintenance of utilities and drainage
facilities are reserved for the areas as shown. Within these easements, no structure,
planting or other material shall be placed or permitted to remain which may damage
or interfere with the installation and maintenance of the utilities, or which may change
the direction of flow of water through drainage channels in the easement. Easement
areas and all improvements on them shall be maintained continuously by the owner
of the lot, except for those improvements for which a public authority or utility is
responsible.
111) All bathroom, sink and toilet facilities shall be located inside the dwelling
house or other suitable appurtenant building, and shall be connected by underground
pipe to the public sewer service.
(12) No sign of any kind shall be displayed in public view on any building or
building site on said property of more than six square feet advertising the property for
Enplswoad Creak Enetes
CCflR/Fehruary 21, 1995Irjhj 3
sale or rent, or signs used by the developer to advertise the property during the
construction and sales period. If a property is sold or rented, any sign relating thereto
shall be removed immediately, except that the Declarant or its agent may post a
"Sold" sign for a reasonable period following a sale.
113) No lot or building site included within this subdivision shall be used or
maintained as dumping ground for waste material. Incinerators are not permitted.
Receptacles for storage of trash, garbage etc. shall be maintained in a sanitary and
clean condition.
Parking of boats, trailers, motorcycles, trucks, truck campers and like equipment
or junk cars or other unsightly vehicles, shall not be allowed on any part of said
property nor on public ways adjacent thereto excepting only within the confines of an
enclosed garage, to other approved enclosure, and no portion of same may project
beyond the enclosed area. Parking of automobiles or other vehicles on any part of the
property shall be prohibited except within garages, carports, or other approved areas.
The Architectural Committee shall be the sole and exclusive judged of approved
parking areas. Their decision shall be final and binding.
No machinery, building equipment or material shall be stored upon site until the
Grantee is ready and able to commence the construction with respect to such building
upon which such building material shall be placed within the property line of such
building site upon which the structure is to be erected.
(14) Installation of radio and\or television antenna is prohibited outside any
building without written permission from Architectural Committee.
(15) These covenants shall run with the land and shall be binding on all persons
owning under them for a period of thirty (30) years from the date of the recording
hereof, after which time such covenants shall be automatically extended for
successive periods of ten (10) years, unless at any time after the initial recording of
this instrument, an instrument signed by the owners of 75% of the lots of the
subdivision has been recorded agreeing to change or terminate said covenants in
whole or in part.
(161 Enforcement against any person or persons violating or attempting to
violate any covenant herein shall be served in writing by any property owners within
said subdivision either at law or equity. In the event of a judgement against any
person for such violation, the Court may award injunction against the offending party.
Any owner, or the owner of any recorded mortgage upon any part of said
property, shall have the right to enforce, by any proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and charge now or hereafter
imposed by the provisions of this Declaration. Failure by any owner to enforce any
Erplswoad Creek Estates
CC&R/February 21, 1995/ryhj 4
covenants or restrictions herein contained shall in no event be deemed a waiver of the
right to do so thereafter.
(17) A committee of three persons shall act as an architectural design
committee and shall, prior to any new construction subdivision, be furnished with
detailed plans of any proposed building to be located in said subdivision and shall be
allowed fifteen days to review said plans, drawings, and specifications. If said
Committee shall approve of the proposed building, or any modification or alternations
thereof, they shall so indicate and their approval shall be construed as full compliance
with the provisions of Paragraph 1 of the original Covenants, said Committee shall
have sole discretion to determine what shall be substantial compliance with said
covenants. No buildings shall occupy any portion of said subdivision without the
approval of said committee.
The initial committee shall consist of the following:
1. Richard J. H. Jewell
2. John C. Gundersen
3. Glenn L. Johnson
4. Richard Thurber
A Majority of said committee is empowered to act for the committee. In the
event any member of the committee is unable to act or fails or desires not to act, the
remaining committee members shall appoint an owner of a lot in said subdivision to
serve on said committee, all of whom will serve without compensation.
118) Invalidation of any one of these covenants shall in no way affect any of
the other provisions which shall remain in full force and effect.
(19) A Homeowners' Association shall be duly formed by the developers. This
association, in the form of anon-profit Corporation, will be for the purpose of owning,
maintaining and operating an irrigation distribution system for the subdivision and
maintain common areas as delineated on the plat. Membership in this Homeowners'
Association with annual dues shall be mandatory and continuous by all current and
future property owners of the subdivision, which association be dedicated to the
welfare of all property owners in the ENGLEWOOD CREEK ESTATES.
Enplawoad Creak Estetae
CC&R/Fehruxy 21, 1895Irjhj 5
In Witness Whereof, we, the undersigned owners the property in the ENGLEWOOD
CREEK ESTATES have hereunto set our hands on this _ day of ,
1995.
STATE OF IDAHO 1
ss
COUNTY OF ADA )
On this _ day of 1995, before me the undersigned, a Notary Public
in and for said State Of Idaho, personally appeared ,
and ,and acknowledged to me that they executed the
within instrument for and in behalf of said Corporations.
In witness whereof, I have hereunto set my hand and seal the day and year in this
certificate first above written.
Notary Public of Idaho
Residing at Boise, Idaho
Erglewoed Creep Ertetae
CCBRIFabruery 21, 1995hjhj - 6
ORDINANCE NO. 693
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE SE 1/4
OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN,
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 change the zoning from R-4 Residential to Limited
Office (L-O), for the following described parcel in Section 1
below:
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 parcel of land located in the NE 1/4 of the SE 1/4 of
Section 1, Township 3 North, Range 1 West of the Boise
Meridian, Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the east 1/4 corner of Section 1, T.3N.
R.1W., B.M., thence S 0°25'30" E 1324.03 feet along the
east line of said Section 1 to the southeast corner of
the NE 1/4 of the SE 1/4;
Thence S 89°48'35" W 30.00 feet to a point on the
~~J ~ westerly right-of-way of Meridian Road, the Real Point of
C~~ ~~///p/,(~"~eginning of this description;
~,i,;, .~_ Th ce S 89°48'35" W 327.82 feet along the south line of
,~,a, d NE 1/4 of the SE 1/4 to the southeast corner of
_: `~~~ eridian Manor No. 5;
Thence N 00°11'25" W 251.17 feet to a point on the
southerly right-of-way of Willowbrook Drive.
Along said southerly right-of-way the following:
Thence S 69°05'25" E 185.74 feet to a point of curvature;
REZONE ANNEXATION ORDINANCE - DAVIES Page - 1
i •
Thence along a curve to the left 106.12 feet, said curve
having a radius of 2$5.00 feet, a central angle of
21°20'05", tangents of 53.68 feet and a chord of 105.51
feet which bears S 79°45'28" E to a point of tangency;
Thence N 89°34'30" E 20.09 feet to a point of curvature;
Thence along a curve to the right 31.24 feet, said curve
having a radius of 20.00 feet, a central angle of
90°00'00", tangents of 20.00 feet and a chord of 28.28
feet which bears S 45°25'30" E to a point;
Thence N 89°34'30" E 10.00 feet to a point on the
westerly right-of-way of Meridian Road;
thence S 00°25'30" E 145.41 feet to the Real Point of
Beginning of this description.
be, and the same is rezoned from R-4 Residential to Limited Office
(L-O) and Section 11-2-425, Official Zoning Maps is hereby amended
to reflect the same. This rezoning is subject to the conditions
referenced in the Findings of Fact and Conclusions of Law as
adopted by the Meridian City Council on the request for rezone.
Section 2. The Applicant shall comply with all of the
Ordinances of the City of Meridian including the Fire Code, Life
Safety Code, and the Uniform Building, Electrical, and Plumbing
Codes.
Section 3. That if Applicant shall fail to meet the above
conditions the property shall be subject to rezone back to R-4.
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.
REZONE ANNEXATION ORDINANCE - DAVIES Page - 2
•
PASSED by the City Council and approved by the
City of Meridian, Ada County, Idaho, this 2 ~Srday
1995.
APPROVED:
-- GRANT P.
Mayor of the
of February,
fie, _~ FQ
ATTEST.
CITY CLERK -- WILLI G.dBERG, JR. ~r,, ~ ~yKKS'
9 "^~ctsxs~• i
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILL BERG, 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 DESCRIBED AS A PARCEL OF
LAND LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 1, TOWNSHIP 3
NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE.";
passed as Ordinance No. 693 , by the City Council and Mayor of the
City of Meridian, on the ~?/sf' day of February, 1995, as the same
appears in my office.
Sh
DATED this ~~day of February, 1995.
REZONE
~~G~~~ ,
City Clerk, City of eri, ian
Ada County, Idaho
DAVIES
Page - 3
~-
STATE OF IDAHO,)
ss.
County of Ada, )
On this ~L day of February, .1995, before me, the
undersigned, a Notary Public in and for said State, personally
appeared William G. Berg, Jr., 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.
`r U rep nrq,r
a,,~r ~ rr~1e
,. ~G _ O,e
~ ~ ~~~pe.. t_~l a
SEAL ~ ~ y
~:
ate*` `y'~ ~j.3' ,.
,, r ~.
ej ee a e~H UeU rel
at Meridian, Idaho
GOM M%S SJe.~ tX~~~~j
REZONE ANNEXATION ORDINANCE - DAVIES Page - 4
;, a =- --~
~~ m `~ o ~ ~c~10
• ~N~--~ -- I / ~`
I ~ P/2 ~ i /
I ~~~~ ~ I I '`~
/ ~ ~I
' _
____________________________~ I ____
_______________~r_ _ ~ ,______ _______________ ~_________________________________ ____ _ ____ _
- 1 If 9V1 --- ---- -,^~. ~ C
- ~ to ss.n .~•N h 2 ~ -----
_ ~ I~IL
i% - z
/ ~ ~I
_,
I
.. I ----
I. ~~ ~ _
~~'• ~~ ~ t , ' 1 ~~
,, o
_, ,_
-----
__ 1, j~W.. ---------- I
i~ x ^ ~. --------- -------~ i - ,
~- r ,
;~
~~ ~ ~~~~ a ~ I ~ ~~~
i
_ ~~
7 I .~ m
G
y ~ (vim e I ~-------------------,~~-------------------------
~ ~ h
;~
i _ \y`' ~ ~• /~ .// ~ ` -~ it i i)
,~, ~,_ _ `fir e ~ ~ - -- ~I ~ -- ; - ; ~,\ ~ ,'
R _ •\// /~~ -~,~~, ~ /f I ~. `' -' _ • \ ~ ^~_____-1 it
\ ~~
i ~' , i
Ali Ir~..~~~-----~" G ('~ ,\ ~
J '~J .} DNS ~'fn~,, .I„m '~ ~ I
I~ \~ ~ _~ = I ~ r-
_-~-~ _ ~ ~ p ~, I ,
_~ ~~; 1 c.
-r ,_ kiQ__-- 3H3NJN3~J ~ ~: ,-~ ~ _ !!fl _3Ts+ANMrL1_ i; ; I
~`` ~ !',~~ I i ; ~ ' ~ j
Z • . ~ n, i ~. _ ~ a ~ Q--try' _ _--_
1S_,. Hl9 ~.1 'J ~ ~ I
~-
fh--~~/
',^i~ I. ~'I I
n IF- I-I ~
7~ -1 z
y,~W III ~ ~~ ~~ p
L~'OI
~~, "~'}'
¢ ---~
3M I '~o!
t' 1131; - ~ 1 i
~~,I
J ~~ ~ 31~~
~,
'~ ~`pq~
1 1 _ __ ~ T- ~ Q'%
,, I? .~ ~
.--;0~
~' A O
v 3
I
- la z. ~_
- x_ s
A
F
R~
R ~
~J
w Wpp ~
~W ~_ 1t1~
~~m~~~ ~$
0
.~~N~__~
~~ I ] j
~-=~ Z<
-,-
_~_ ~ -
,~ ~
g
I ~--
,I
~,
;~
''
`
` ~ ~ ~
~
~
~ z .~ ~~
n
~ ~ ~ ~;
~i"",
j - - ; III i
~.
--
i
,I
,.
-------------------- -------------------------~' I
- -- - --------~ - I i r
~~ i
x - -----~ -____ -____ -=iti I~
~~
~ ~ ~\
' -Y y
-A ir% ~/
~~
z
~ ~
~ ~ e ~~
a~ C ~ ~~
F = ~ ~, ~
- ~°~~ r
~
_~--
- ~
-
-~ i M
~'~J '' Z;
~g
''
_
- ,
3H31N~13~ ~ _
_~ _
-- ~ F1fl.3Ts1aNM'K1 ~,.
i
- ;~ - ~='
1S
Hl3
~A 'J w T
~
L- - ---
~.
~.
V ~ ~
W ~ ~
~ °o
~ rn a
~
~
~
~~
~
W o ~,
~
F-
3
ORDINANCE NO. ~ 17
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A
PORTION OF LOT 2 AND LOT 3, BLOCK 2, OF COMMERCE PARK SUBDIVISION,
AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDE IN
BOOK 45 OF PLATS AT PAGES 3721 AND 3722, LOCATED IN THE SW 1/ 4 OF
SECTION 9, T.3N., R.lE., 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 annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land being a portion of Lot 2 and Lot 3,
' Block 2, of Commerce Park Subdivision, as filed for
record in the office of the Ada County Recorder in Book
45 of Plats at pages 3721 and 3722, located in the SW 1/4
of Section 9, T.3N., R.lE., B.M. and more particularly
described as follows:
Commencing at a brass cap monument marking the West 1/4
~~,J~~ Q~ corner of said Section 9;
t nce South 0°00'00" West 871.85 feet along the West
~j ~L'ne of the SW 1/4 of said Section 9 to a brass cap
w ~ monument marking the intersection with the centerline of
Commercial Court;
thence South 89°55'55" East 477.63 feet along the
centerline of Commercial Court to the REAL POINT OF
BEGINNING;
thence North 0°00'43" East 448.70 feet to a found 5/8"
iron pin marking the intersection with the North line of
said Lot 2, Block 2;
thence South 87°54'47" East 49.35 feet along said North
line to a found 5/8" iron pin marking an angle point
therein;
thence continuing along said North line North 42°58'54"
East 12.25 feet (formerly described as being North
ANNE%ATION ORDINANCE - PACIFIC WATER WORRS/I-L Page 1
44°07'21" East 12.31 feet on said Commerce Park
Subdivision plat) to a 5/8" iron pin marking an angle
point therein;
thence continuing along said North line and the North
line of Lot 3, Block 2, Commerce Park Subdivision North
88°23'29" East 163.18 feet to a 5/8" iron pin, said iron
pin being distant 57.16 feet from an angle point in the
North line of said Lot 3, Block 2;
thence South 0°00'58" West 460.70 feet to a point on the
centerline of said Commercial Court;
thence North 89°55'55" West 220.75 feet along the
centerline of said Commercial Court to the Point of
Beginning.
is hereby annexed to the City of Meridian, and shall be zoned I-L
Light Industrial; that the annexation and zoning is subject to the
conditions referenced in the Findings of Fact and Conclusions of
Law as adopted by the Meridian Council on the request for
annexation and zoning.
Section 2. That the property shall be subject to de-
annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and
sewer mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address inclusion into the
project of the requirements of 11-9-605 C, G., H 2, K, L
of the Revised and Compiled Ordinances of the City of
Meridian and other matters; that the property may be de-
annexed if the terms and conditions of the Development
Agreement are not satisfied.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to
development time schedules and requirements, 11-9-605 M.
which pertains to the tiling of ditches and waterways,
ANNE7CATION ORDINANCE - PACIFIC WATER WORKS/I-L Page 2
•
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. thetApplicantndthe titled lowners,Jand theirs assignsbind
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law and meet the Ordinances of
the City of Meridian.
Section 3. That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said 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 bey the Mayor of the
City of Meridian, Ada County, Idaho, this 2lS day of February,
1995.
APPROVED:
MAYOR -- GRANT P K ~GSF
ATTEST: a,
/ s;-~ 'P~f
WILLIAM G. BERG - CITY CLERK ~~ `'~, ~~
~ ~ , ~,
m::'i : Oyu ~A` ~tY
~ w.. ~ ~*~
~ v . :: ~' r bJ }
ReY ~i~ 'v'YWY ~ ~f'Jf~~~
ORDINANCE - PACIFIC WATER WORKS/I-L Page 3
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF
LOT 2 AND LOT 3, BLOCK 2, OF COMMERCE PARK SUBDIVISION, AS FILED
FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER IN BOOK 45 OF
PLATS AT PAGES 3721 AND 3722, LOCATED IN THE SW 1/14 OF SECTION 9,
T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE
DATE."; passed as Ordinance No. ~, by the City Council and
Mayor of the City of Meridian, on the S> day of February, 1995,
as the same appears in my office.
7 Sj
DATED this ~~ day of February, 1995.
~ p` ~~ ~~`'°
City Clerk, City of~~~~ sa~~~ar>'
Ada County, Idaho ' f,„Y 4 ~r "LAP 4~Y2a
~~ t~ a
STATE OF IDAHO +~~ ~ 4~',;> ~ ! ~~'~
+ r ar w
' ss. .~'tf~~4 ~~ ;;'~
County of Ada, ) ti;r``
~~'
On this ~~ day of February, 1995, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. BERG, JR. 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.
,.~arsr~s„+A.
~~ t~. ,,
. ,',,, ,.
~~
SEAL
'~J': ~,~ tip'°,
~-
ru
blic for Idaho
at Meridian, Idaho
Sion Expires O Oa _9~
ANNEXATION ORDINANCE - PACIFIC WATER WORKS/I-L Page 4
`~
S
~8
f;,8
0
- ~ 'L
~ ~
W ~ w
r ~ >
.~
r
2
I ~ _1 ~~ I . I . I _~_1~1J_' 1~ i ` ~ ~ ~~
p12t~IN~PlcE N0.
~ ~bGIFIG wA'(E12Wop.Itlj/I-L
.. __ __- --__ --yI2-
`~ ~O
i i ~, ~~,
~~
---------- ----------
SUBDIVI
-----------------------`------:"`--____.-- UNION PACIFIC RAILROAD
--
T
--_ ~-
i
~.I
~I~I
~~I
I
III
- - - ---- - - ~1I
41-- - --- - --
S.W.I/4, hEG.~I T, ~I,~.(E.
n _~ -- --
® 4 ' ~ ---- - ---- ----
{~ T _ _
_ _
-~~
I
i
..r- ~ ~.
~~~..__ ~ ~ i ~ I ~~__ __'
the map is made Lnm dua cvpyrigh0ed by Ma Camry.
•~ CasNy shall nor he liahk (or irumrtacirs or
- meuse M thu map. Maps burring Ibis divlaimca may
~ dla.=.Ipicd ~,eely. Hs»sesc,, lee in any dig;bl knm
^Wiles Uae wrheen pc+mission o(Ada (aunty.
i i
HUB OF TREASURE VALLEY
A GOOD PLACE TO LIVE
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
GRANT P. KINGSFORD
MAYOR
PROCLAMATION
WHEREAS, the Future Farmers of America with vocational agriculture, education
is a strong force for America's agriculture; and
WHEREAS, members of the FFA are playing an outstanding role in assuring the
future progress and prosperity of our nation; and
WHEREAS, the FFA motto - "Learning to do, doing to learn; earning to live, living
to serve" --gives direction of purpose to these future leaders for tomorrow's agriculture;
and
WHEREAS, the FFA performs the valuable service of developing leadership,
encouraging cooperation, promoting good citizenship, teaching modern information, and
inspiring patriotism among its members,
NOW, THEREFORE, I, GRANT P. KINGSFORD, Mayor of Meridian, Idaho, do
hereby designate the week of February 19 - 25 , 1995, as
FFA WEEK
x
-~ .. ,
y ;~ ~
~
' ~ ~ ~
~
~ GRANT P. KINGS O
,
,
~.
MAYOR
<" ~
r~
~
.~,
t
`
,
4
~
,n
i
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
Grant P. Kingsford
Mayor
PROCLAMATION
WHEREAS, Rotary International began service on February 23, 1905; and
WHEREAS, Through the tireless member contributions of the Idaho clubs, Rotary continues
to be one of the finest service organizations in the country; and
WHEREAS, The Meridian community has geatly benefitted from Rotary sponsored projects such
as Polio Plus, Hope House, Hays House, Community House, Foreign Exchange Student
Programs, and the Anne Frank Exhibit.
NOW, THEREFORE, I, Grant P. Kingsford, Mayor of the City of Meridian, Idaho, do hereby
proclaim the week of February 19, 1995 through February 25, 1995, as
ROTARY WORLD WINDOW WEEK
and invite you to join me in congratulating them on their 90 yeazs of exemplary service.
Dated this 21st day of February, 1995.
Grant P. 'ng f ~
Mayor
,~ ~ <.,~. '+P,'i(y ..yam
s,~ T" 37"' .~ ~ ~S '
~ x ~. ~ ~, . ~"°m--~
f c J F
t ke • i
~ CITY OF MERIDIAl~
PUBLIC MEETING SIGN-UP SHEET
7 f ~'~ru ~z,
i CITY OF MERIDIAP~
PUBLIC MEETING SIGN-UP SHEET
~, ~F2~ ~~~z~ ~ ~~c' /'~~~~f~,~ ~~ f~y~~-~~za mil; /1!~
OFFICIALS
WILLIAM G. BERG, J R., Cuy Clerk
JANICE L. GASS. filly Treasuror
GARY p. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supl.
JOHN T. GHAWCROFT, Waste Water Supt.
KENNY W. BOWERS. Fire Chlel
W.L. "RILL" GOROON, Police Cnief
W AYNE G. CROOKGTON. JR.. Attorney
MEMORANDUM
RE: CITY OF MERIDIAN
TRANSPORTATION TASK FORCE COMMITTEE
ANNUAL MEETING -January 12, 1995
Attendance:
Walt Morrow
Susan Eastlake
James E. Bruce
David Szplett
Jim Richard, PE
Charles Rountree
Erv Olen, PE
Becky Petersen
Rich Allison
Elmer Kassens
Terry Smith
Gary Smith, PE
~~'YC ~N~~z'
• HUB OF TREASURE VALLEY • 2~ IS
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-22I I
GRANT P. KINGSFORD
Mayor
~~c r.,~
~~2
COUNCIL MEMBERS
RONALO P. TOLSMA
' MA%YERRINGTON
ROBERT D. CORR!E
WALT W. MORROW
SHARI STILES
Planner 8 Zonng Atlminislrator
JIM JOHNSON
Cnairman ~ Planning 8 Zoning
January 13, 1995
888-5185 Committee Chairman, City Council
383-9088 ACRD Commissioner
ACHD Commissioner
345-7680 ACHD Traffic Services Div.
334-8302 ITD Assist. Dist. Engineer
334-8484 City of Meridian P & Z
345-5274 APA
888-6679 Meridian Citizen
888-7300 Meridian Citizen
888-9653 Meridian Citizen
888-1516 Meridian Citizen
887-2211 Meridian City Engineer
-Chairman Morrow called the meeting to order at 7:00 P.M. and thanked everyone for coming.
-Erv Olen of APA gave a short presentation on the planninglstudy of the feasibility of forming a
Regional Transportation Authority. This study started 2 yeazs ago and is using a study time
period of l5 years. It is a 3 stage process in Ada County. Boise City will be having public
heazings in Febtuary'95. A County wide study will commence in summer of'95 and be
completed 8 - 12 months thereafter. The study area would then increase in size to include the
entire Treasure Valley. Funding for the studies is via grant funds through ITD with Treasure
Valley Transits (Caldwell) involvement.
"Three Meridian residents were in attendance with interest in the operation of a public transit
system in Meridian. A Ms. France Murdoch (345-9141) has been active in obtaining signatures
(Approx. 130) on a petition that has been presented to Mayor Kingsford requesting a public
transit system to serve Meridian.
i
-Gary Smith reviewed the status of projects that were discussed at last yeazs meeting.
Waltman LanelE 1st St Meridian Rd. Intersection- Plans for Meridian Road aze about
75% complete which include minor modification to this intersection.
Park 'n Ride Lots-
• New hospital site has agreed to allow use of a portion of their new parking lot for
Park'^ Ride. '
• At the N.E. corner of Eagle/Overland (ITD property) CMAQ funds will be used to
build a lot in 1997.
• Kentucky Fried Chicken restaurant property continues to allow the use of a part of
their lot.
-Surface Storm Drainage Control- ACRD says in our Old Towne area it is their role to deal
with and they are developing a scope of services to select a consultant.
Other drainage- ACHD is working to establish a county wide drainage district. City
of Meridian has endorsed ACHD as the lead agency for this district. (Question was asked
if the drainage district's responsibility would include drainage from private property.)
-Cherry Lane Road (Linder to Black Cat)= Construction is underway. Estimated completion is
August or September 1995. We need good cooperation from Boise Paving so that construction
progress is as quick as possible.
-Pathway Project- Jim Richard states that ITD is working toward streamlining the design
process to develop a project for a pathway. (Bruce MacEwan @ITD.) Our Five Mile Cr.
project is in final design stage.
Interchange Beautification- If we want to proceed we need to get a plan done and on the shelf.
ITD is still funding these projects but funding is scazce. City needs to commit to maintenance
costs which is approx. 10% of construction costs. The cost split would be 80% Fed - 20% city.
-Functional Classification Man: APA is starting to update. Should be done in December
1995.
-Overlay Projects: Need to do Ten Mile Road and Locust Grove Road from Ustick Road
north to Chinden.
-Pine-Executive Road: ACHD is programming to design FY '98 with construction FY
2000 for the part from Locust Grove to Eagle Rd. It sounds like developers will be building the
i •
half from Eagle Rd. to Cloverdale Rd. within 2 Years.
-Sneed Limits: Discussion took place on how speed limits are set. ACRD says Meridian
Police Chief is the monitor and requests changes in speed limits. Dave S. will do some
investigation to see how the reduced speed limits are doing compared to accident rates.
There was concern for why Meridian Road's speed limit, south of Franklin was only 25 mph.
Elmer K. suggested that we look at speed limit signage for all of Meridian.
-Traffic Calming Devices: .Three traffic humps will be built in Sandalwood this year. One will
be paid for by ACRD, two will be paid for by residents. These humps are 12' long and 3" high.
ACRD has a radar controlled speed registering trailer that is available for loan to a neighborhood.
-Interchange - I-84 & Ten Mile Road: We need to plan for it to preserve the right of way.
Today it costs $5-7 million to build one. It takes 3-4 years to get one in the plan, approved by
Washington, D.C. Ten Mile Rd. is a straight connection from the south side of Kuna to Chinden
Blvd. which seems to make it a natural way to access I-84.
-Bike Lanes: These need to be striped for biker use -especially the younger kids. (Comment
was made to ask Councilman Tolsma, with a business on Pine St., how well that bike lane is
working.) A bike lane will be designated on the length of Franklin Rd. from Meridian to Linder
which is in the plan for construction in 1997.
-Pine Street: A citizen questioned if a center turn lane could be considered on W. Pine St.
Dave S. (ACRD) will look into this.
-LT.D.: Jim Richard passed out District 3 Highway Development Program FY'95 through
FY '99 and Preliminary Development projects (Copy attached w/Highlighted Meridian projects)
Jim also commented:
• Let ITD know if our wishes for interchanges and wider lanes.
•ITD has standards for noise mitigation along State highways.
•Fence/berm standards are available from ITD -Charlie Rountree's office.
•Commuter bicyclists are accommodated on the shoulder of state highways with a 6' to 9'
wide lane.
*Compliments were given to ITD/ACRD for their efforts in installing traffic signal lights on
Eagle Road at Ustick and McMillan.
-Other Miscellaneous Comments-
-Change City Ordinance right of way width for section line roads to 90 feet to match
ACRD requirements.
-Seal coating is needed in areas where a land development road improvements is matching
into existing pavement.
-Can a traffic study be done on E. 1st St. to find a way to relieve its traffic load? It is very
congested and very hard to cross.
-Jim R. suggested we add the improvement of S.H. 20/26 from Cloverdale Rd. to Eagle
Rd. to our project list.
-Overland Road, from S.H. 69 to Eagle Rd., is seeing a lot of development adjacent
thereto.
-A request was made for ACHD to investigate "merging" striping for 4 to 2 lanes on E.
I st from Franklin Rd. north. This merging continues to be a problem. Dave S. will check
into this.
-Discussion took place as to whether or not E. 1st should be one way (collector) and
Meridian Rd. should be one way (minor arterial). (Perhaps this concept could be
discussed in a traffic study of E. 1st St.).
-Public Transit - is a more important issue as we grow. Funding is a major item. (Earlier
discussion)
-Pavement marking (striping) is needed. (Meridian St. from Franklin to Waltman,
especially at the E. Ist/Waltman/Meridian intersection-)
-Intersection improvements are needed to accommodate truck traffic turns. (Franklin
Road onto E. 1st and Meridian Rd.)
-Commissioner Eastlake asked everyone to think about other alternative methods of
financing roadway projects and transmit same to her.
CITY OF MERIDIAN
TRANSPORTATION RELATED PROJECTS
(Priority Basis)
1995
Reconstruct Franklin Road from Meridian Road through Linder Road with signalization.
(Design complete late Summer 1994. R/W purchase to follow)
Make revisions to E. ist Street/Waltman/Meridian Road intersection and reconstruct
Meridian Road from this intersection through Franklin Road. Include new connection
from Meridian Road to E. 1st at Corporate Way. (Construction planned FY'97)
2. Reconstruct N. Locust Grove Road from Fairview Avenue north to Ustick to a minor
arterial standazd (S lanes). Planned for FY 1998 (Comment was made that both sides of
Locust Gr. @ Avest Property need to be done at the same time.)
3. Reconstruct Eagle Road from Fairview north to Eagle alternate by-pass. (ITD - FY 97-
99)
4. Reconstruct Overland Road from Kuna-Meridian Road to Eagle Road. (Design complete
but presently unfunded - uQ rsue) West part, Locust Grove to SH 69, 1997).
5. Reconstruct Ten Mile Road to 5 lanes from Cherry Lane to Ustick Rd.
6. Continue to support a corridor preservation of 80 feet of right of way for Meridian Road
from Waltman Lane north to Cherry Lane Road.
Conduct Traffic Study on E. 1st for relief of traffic loading to allow better access.
8. Conduct a study of roadway conditions and drainage in the Old Towne area to allow
improvements as new developments occur.
Begin study for a storm drainage master plan for our Urban Service Area. (In 1995
ACRD is scheduled to do a Phase I County wide study - $100,000)
10. Design and reconstruct Franklin Road from E. 1st east to Cloverdale Road.
1 1. Beautification on Interchange at I-84/Eagle Road an I-84/Meridian Road.
12. Overlay project for Ten Mile Road and Locust Grove Road from Ustick north to Chinden.
13. Promote projects for qualification of CMAQ funds.
-Park 'n Ride Lots (ITD Stockpile, Eagle/Overland Road)
-Pathways & Bikeways (Bikeway on Fairview from Linder to Eagle Road)
-Interconnect Traffic signals (Summer 1995)
14. Improve UPPR crossing at E. 1st Street. (Dave S. will look at this right away)
15. Design Pine Street -Executive Road corridor project: (See earlier discussion on page 2.)
6
OFFICIALS
WILLIAM G. BERG, JR.. Cily Clerk
JANICE L. GASS. City Treasurer
GARY D. SMITH, P.E. Clly Engineer
BRUCE D. STUART, Water Works Supt
JOHN T. SHAW CROFT, Wuta Water Supt.
KENNY W. BOWERS. Fire Cftief
W.L. "BILL" GOROON. Police Cn1e1
WAV NE G. CROO%STON, J R.. AUOrney
n
r~c~/ r, ear' ~~c~,~/t-~
HUB OF TREASURE VALLEY ~~ ~ l ~~ ~/~/
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (206) 888-0433 • FAX (208) 6674813
Public Works/Building Department (206) 887-2211
GRANT P. KINGSFORD
Mayor
February 17, 1995
Mr. Jim Richard, PE
District 6 Engineer
Idaho Transportation Department
206 N. Yellowstone
Rigby, Idaho 83442
Dear Jim,
Congratulations on your recent promotion to the District Six Engineer position.
COUNCIL MEMBERS
RONALD R. TOLSMA
' MA%YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning ACmimstrator
JIM JOHNSON
G1101rman ~ Planning 8 Zoning
Thank you for all your help while serving as ITD-District 3 representative on the City of Meridian
Transportation Task Force Committee. Your input and "can do" attitude was very much appreciated.
Your presence on our transportation committee will be missed. Again, thank you very much for all
of your efforts.
Sincerely,
Grant P. Kingsford
Mayor
Walt Morcow
Councilman
Bob Corrie Ron Tolsma Max Yerrington
Councilman Councilman Councilman
cc: File
• ORIGINAL
BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF ROBERT TRUA%
FOR A VARIANCE TO THE LOT FRONTAGE
AT BUILDING SETBACK WITHIN A CUL-DE-SAC
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for hearing
on February 7, 1995, at approximately 7:30 o'clock p.m. on said
date, at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, Robert Truax appearing, and the City Council having heard
and taken oral testimony, the City Council of the City of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for February 7, 1995, the first publication of which was fifteen
(15) days prior to said hearing; that the matter was duly
considered at the February 7, 1995, hearing; that copies of all
notices were available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-
9-612 B. l.b. of the Revised and Compiled Ordinances of the City of
Meridian; that this requirement has been met.
3. That the property is zoned R-4 Residential; that when the
subdivision was platted the Zoning Ordinance, 11-2-410 A, required
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
that the street frontage on cul-de-sac lots be determined at the
setback line; that the minimum street frontage in the R-4 zone was
70 feet at the time; that 11-2-410 A was amended November 17, 1992,
which amendment required 80 feet of frontage in the R-4 zone but
allowed that street frontage on cul-de-sac lots be a minimum of 40
feet measured as a chord measurement.
4. That the Applicant has requested that he be granted a
variance from the lot frontage at building setback on Lot 23 Block
2, of Fenway Park #3, and be allowed to exceed the maximum length
by 22 feet of the property line setback from the front property
line requirements of 70 feet on the cul-de-sac on Fenway Park #3.
5. The entire property in question is described in the
subdivision application and is incorporated herein as if set forth
in full.
6. That the Applicant owns the property.
7. That the Applicant testified that the house was three-
fourths completed when it was discovered that the architect who
drew the plan placed the house in the present City setback rather
than the setback when the subdivision was approved; that the
Meridian Building Department approved the plan; that the initial
foundation inspection was approved; that the Applicant began
building; that it was after the house was one-fourth from
completion that it was discovered that the Applicant was in
violation of the frontage setback ordinance in effect at the time
the subdivision was approved.
8. That Gary Smith, Meridian City Engineer, testified that
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2
he went out with the building inspector and the Applicant to the
lot at Fenway Park #3; that the subdivision was platted under the
old ordinance that required a 70 foot frontage at building setback;
that the building as it is located on the cul-de-sac lot; that it
meets the present ordinance of having a 40 foot chord measurement
on the curve; that the architect placed the house on the lot, drew
the 70 foot frontage line on the site plan but then placed the
house right over it, but that the building does meet the present
ordinance requirements.
9. That no person appeared at the hearing objecting to the
variance application, and no other testimony was taken.
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 has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Subdivision and Development Ordinance and upon the record submitted
to it and the things upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That it is concluded that street frontage of a house is
a physical feature over which the Applicant had control since he is
the builder of the home; however, the violation of the set back
requirement was made by the architect of the house and not the
builder, the Applicant.
6. That the three (3) remaining undeveloped lots on the cul-
de-sac be looked at closely to make sure they comply with the
frontage setback ordinance.
7. That the following provision of Section 11-9-612 A. 1.,
of the Zoning Ordinance is noted which is pertinent to the
Application:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique circumstances (such as
topographic - physical limitations or a planned unit
development), may grant variances from the provisions of this
Ordinance on a finding that undue hardship results from the
strict compliance with specific provisions or requirements of
the Ordinance or that application of such provision or
requirement is impracticable.
8. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-9-612 A. 2., FINDING3
No variance shall be favorably acted upon by the Council
unless there is a finding, as a result of a public hearing,
that all of the following exist:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
a. That there are such special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would clearly be
impracticable or unreasonable; in such cases, the
subdivider shall first state his reasons in writing as to
the specific provision or requirement involved;
b. That the strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, other physical
conditions or other such conditions which are not self-
inflicted, or that these conditions would result in
inhibiting the achievement of the objectives of this
Ordinance;
c. That the granting of the specified variance will not be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated;
d. That such variance will not violate the provisions of the
Idaho Code; and
e. That such variance will not have the effect of nullifying
the interest and purpose of this Ordinance and the
Comprehensive Development Plan.
9. That there does appear to be a specific benefit or
profit, economic gain or convenience to the Applicant since if the
variance is not granted the house would be required to be moved
which would require it to be demolished and construction started
over, but it was not the Applicant that created the ordinance
violation; that the ordinance has been changed since the
subdivision plat was approved and the house setback now meets the
City's current set back requirements; that it would be in the best
interest of the City to grant the variance.
10. That regarding Section 11-9-612 A. 2. it is specifically
concluded as follows:
a. That there are special circumstances or conditions
affecting the property such that the strict application
of the provisions of the cul-de-sac street Ordinance in
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
effect at the time of the subdivision plat approval would
clearly be unreasonable.
b. That strict compliance with the requirements of the cul-
de-sac street Ordinance in effect at the time of the
subdivision plat approval would result in extraordinary
hardship to the applicant as a result of factors not
self-inflicted.
c. That the granting of a variance would not be detrimental
to the public's welfare or injurious to other property in
the area in which the property is situated.
d. That the variance would not have the effect of altering
the interests and purposes of the cul-de-sac Subdivision
and Development Ordinance or the Meridian Comprehensive
Plan.
11. That it is concluded the Application for a variance
should be approved and that the other three lots in this cul-de-sac
be looked at quite closely to make sure that they do comply with
the setback ordinance in effect at the time the subdivision was
platted and approved.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby approve
these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN CORRIE
VOTED
COUNCILMAN TOLSMA
COUNCILMAN YERRINGTON VOTED
COUNCILMAN MORROW VOTEll
MAYOR KINGSFORD (TIE BREAKER) VOTED
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6
DSCZSION
That it is decided the Application for a variance of the lot
frontage at building setback in effect at the time Fenway Park
Subdivision No. 3 was platted and approved for Lot 3 Slock 2,
Fenway Park #3, is approved.
APPROVED:~~'/
DISAPPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7