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HomeMy WebLinkAboutLDS Church CUPREQUEST FOR CONDITIONAL USE PERMIT TIMETABLE FOR SUBMISSION: 1. See City Policy Statement, Submission Requirements, Appendix I. 2. A request for a conditional use permit must be in the City Clerks possession no later than 12:00, Noon, Thursday, prior to the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will act on the request at the monthly meeting following the month the request was made. 4. The City Council will hear the request at the first meeting of the month following the month the request was passed on from the Planning and Zoning Commission or when scheduled through the appeal process. DOCUMENTATION REQUIREMENTS: 1. Application for Conditional Use Permit. 2. Petition from applicable property owners. 3. Legal Notice of Public Hearing. 4. Legal Description of Property. ACTI0I4,. TO BE TAKEN: 1. Planning and Zoning accepts or disapproves. 2. City Council a cepts or disapproves. DETERMINATION'OF.REVIEW: 1. The Planning and Zoning Commission and the City Council will evaluate the effects of such elements as noise, glare, odor, fumes and vibrations on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan. 2. The Planning and Zoning Commission and the City Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: a. Will, in fact, constitute a conditional use as determined by City policy. b. Will be harmonious with and in accordance with the general objectives or with any specific objectives of the Comprehensive Plan and/or the Zoning Ordinance. c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. d. Will not be hazardous or disturbing to existing or future neighboring uses. dgt'"fx„f� F t `' r. K t € REQUEST FUR C.ONDITIUNAL USh; L i ius '1 Page 2 DETERMINATION OF REVIEW: Continued e. Will be served adequately by essential public facilities and services i such as highways, streets, police and fire protection, drainage I structure, refuse disposal., water and sewer. f. Will not create excessive additional requirements at public cost for public facilities and services and will not I,e'.detrimental to the .I economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will :x' detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. .I FEE SCHEDULE: 1•'; ,Application - see Ordinance No. 345. Charges will be assessed for all Attorney, Engineering and publication fees. c � Oji a X4 , 4 i 3* t f�: S t CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ADDRESS: GENERAL LOCATION: - DESCRIPTION OF PROPOSED CONDITIONAL USE:�a ZONING CLASSIFICATION: Phone R - -)2W 7 R PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. '1; LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at' SUBDIVISION BLOCK LOT NUMBER TO (3) , 17 a 3 %`Y'��if. #}}, f NMRAN NMR NW ' 4 f;.sT WIN i t -i N 3'1 P- SA.fz. SAF Y qF 5 3 t t t% 5 iAl��01AGk 4�iF �i.��i "e�5'0 �"i by, �i��l�.r'�Y �%-�. �rC �✓�t �". 3'au'4Y�`k' u5 a O Y# 3ti'^.+b'e+# ar v. r H i ;S&.4h�..3' k''4s'' �. +e .4 ww• $ r r.. .. t � amu, J _� s 7. r y.:� a ��' .Tv xc HtufrtiK.� v � a -�sxv{ a . ,,t<.. °s.^-.}T.i�R�+trRt'urt .+Y i.a .. � y PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 25 copies of all required material. 3. Three-fourths (75%) of those persons living or owning -property within 300 feet must agree.to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO Cir c SXR USING THE PROPERTY LOCATED AT__,K®Y eJ (,�joef?j' 4±,Ve MERIDIAN, FOR THE PURPOSE OF XA�S rc.� W, 30"1 NO - p 0M/P/ (4) 3 41 g 110 00 �vF 7 3 � t � ;,T i 1� kil FxP .h fi k X $ � i � Dr. R. Barry Sams Chiropractic Physician r ' 403 W. Cherry Lane Meridian, Idaho 83642 April 9, 1982 City Clerk City of Meridian 728 Meridian Street Meridian, Idaho 836.2 Dear Sirs: Bus: 888-7242 Res: 888-7273 This letter is written in connection with the proposed usage change for the office complex located in the 300 block of Cherry Lane. We object to the proposed laundromat usage for the following reasons: (1). The continuous traffic of a laundromat might tend to downgrade the present appearance of the building, especially without surveillance. Any such change would certainly have a negative affect upon adjacent property. (2). The nature of the business, with late hours, continous public traffic and an unattended parking lot pose a threat to my property and business. (3). The proposed change could encourage other such uses on the adjacent vacant property which has been zoned for office space. In repeated discussions with one of the property owners he represented that as soon as "the economy turned around" it was their (the owners intention to relocate the Laundromat to Meridian Street. (He estimated this could take as long as five years). He also represented that they had the most to lose if the grounds and building were not kept on good condition. However, when I suggested that we draw up an agreement in writing concerning maintenance and the removal of the laundromat after a specific time, they refused. I therfore wish to register my objections to hte usage based on the aforementioned reasons. RBS/erf Respectfully submitted, k. k1m. a R. Barry bams, D.C. 1< � ilwl O,'. gi lsg}fi kfeY R S yy '. F„Y vy+^kFE �.M 1 P&Z Hearing 4.12.82 Council Hearing 4.19.82 C 0 M M E N T'S CONDITIONAL USE LAUNDROMAT 309 W. Cherry Lane Cecil Cherry & Son 7585 West Ustick Rd. Meridian, ID 83642 Cecil Cherry 888-0057 Kim Cherry 888-2747 ITEM: 1: Councilman Rick Orton: This use does not seem to enhance either the office use or the surrounding residential use. 2: Central District Health Dept., Nancy Goodell: We can approve this proposal for Central sewage and Central water. Need Plans for Central sewage and Central Water. Street runoff is not to create a mosquito breeding problem. 3. Councilman Bill Brewer: I realize your need for income from your property, But I feel your proposal will take away from the professional atmosphere of your Center. 4. Earl Ward, WasteWater Sup't: 8 inch sewer line serving property. Line extends from Cherry Lane to South boundry of property. 5. Mayor Glaisyer: "I feel a laundromat in a office zone is not good planning. 4.12.82 Application withdrawn. No Hearing held. Per phone Kim Cherry 3 '9a��`3�,.;�'��'A�Rzz ka- � rrm .Y ? aL— _.�46AbL * 'eSYiK 1Y L. 1.L'. � A 4 Mil j Al 3'S,RaE� p„¢ WOW3 "6�•'; {0",5 {�sY'; � "= { }S, � � it r^ j ✓ r �"��` hF �T {j �'ki� C { t F •� f- � yt,acy"x�C'a.� AN'A.,� R, �9 X �f�f � • r� p£, .. ^"��Gi£, Y '"$`. tfit� • ORTHODONTIC CENTER Robert C. Packard D.M.D., M.S. Joseph H. Elison D.D.S., M.S. . Aw 2020 North Cole Road Boise, Idaho 83704 Telephone 375-0631 303 West Cherry Lane Meridian, Idaho 83642 Telephone 888-5148 April 7, 1982 City of Meridian Planning & Zoning Commission Mayor and City Council Kim Cherry is seeking a conditional use permit in order to establish a laundromat in the Cherry and Son's Professional Park at 303 W. Cherry Lane in u} Meridian. Two years ago I had the end office of the existing building constructed to my specifications with all the necessary utilities and cabinetry necessary for an orthodontic practice. Some of this was at my expense and the balance is amortized as part of the six year lease that we signed. It would be very costly for us to move. The future park was presented to us as a' ` professional park and zoning was obtained for that purpose. I feel it unfair to me and detrimental to MY practice to allow a laundromat immediately next door. I have expressed these feelings to Kim but he feels he must do something to make the building a paying proposition. I a.m. entering into a partnership,with an eventual sale of the practice,, with Dr. Terrell Tingey and he is 7- quite concerned about it. Kim is also aware of this. Surely there is something better that can be done with the vacancy next door. Sincerely, «v, RCP:lt Robert C. Pack rd D.M.D.,M.S, p n, } a x�_ -t 41, Y � April 7, 1982 To: The City of Meridan Planning and Zoning Commission Mayor and City Council Dear Sirs: I tiave agreed with Dr.Robert Packard to purchase his Orthodontic practice in Meridan and his interest in the lease between The Orthodontic Center and Cherry &Sons Professional Park at 303 West Cherry Lane, Cherry & Sons recently announced their intention to convert one of the adj ascent unrented suites into a laumdramat. I feel that such a conversion would devalue the existing orthodontic practice and other professional offices in the neighborhood, and will likely be detrimental to their business. In as much as Cherry & Sons represented the building as a professional office building to its lessees, I believe that changing any of its use for other than professional purposes would be unfair to the tenants. Considering the vacancy of the adjascent suites I s ympathizz e with Cherry & Sons desire to make their investment profitable, and I would enthusiastically welcome any professional tenants, but I would resist the commercialization of the building in which I practice my professi.on, I appreciate your consideration of this matter. Respectfully, Terrell F. TingelDS MSD -YJ'�'. 3 t jt " ro h tt' t Fpit aA .as `Gt Fn Iri x Y q— Y —V 4 lit,"w#y� t � F 3 &'4W s � N 4-3 00 N ' 00 s E\ m X U W S- CD O U U Q W J H 4- LL O C) N a) 3 aO+ aJ � C VJ O N S- >) >) t 4-) U S- C) C) 3 �. ON tG M i - i a I. a1 N %-r O r S- ra ro N m 0 � •r ;i i +) C C -P tp Oa rC O i b � fn •r N O•r .. N •r s V) V g -gyp wG E o 4-) !/! N 1-) •F-) w S -0 G =''. a U N S- i-) LU O c r a, o N N •r O -P N vt Z O s N Q ,�.• I a) L].•r E a, E F- 0-0 o U U LU wb � L C •r C � d i. Before Planning & Zoning 2-12-79 Council 6 -18 -?9 Item # P&Z 6-11-79 Comment Sheet Cecil Cherry 511 7585 W. Ustick Rd. Meridian, ID 83642 d X41 Kim Cherry - work For Cecil Cherry and Sons Conditional Use Permit For Office Complex LDB`Annexation on Cherry Lane Between W. 3rd & W 4th 1. Richard Williams: 1) Recommend denial as this should be handled as a rezone - not a conditional use. Sounds like they are trying to go around zoning requirements. 2. Central Dist. Health Dept.: 1) Approve this proposal for Central Sewage and Central Water 2) Plans for Community sewage and Central Water must be submitted & approved 3) Street runoff is not to create a mosquito breeding problem. 3. Meridian Fire Dept: 1) The Meridian Fire Dept. feel that Professional Park compromises ability of Fire Dept. as now constituted to provide complete & adequate protection. This should be conditional on amount of services to be provided & to what extent the developers will supply financing or aid to services. 2) All building construction to conform with Uniform Codes as adopted by Cit; 4. Ada County Highway Dist: 1) Provide the ACHD & County Engineer with detailed street & Drainage Plans. 2) Provide all Street improvements to ACHD standards & Spec's 3) Provide Deposit to future public Right -of -Way Construction Trust Fund for improvement of Cherry Lane. 4) Improve with curb, cutter, sidewalk and pavement East 1/2 of W. 4th St. Adjacent to Parcel. 5) If Parcel 2 is to be developed, improve with curb, gutter, sidewalk and pavement on West 1/2 of W. 2nd Street adjacent to parcel. 8► ed Conditional Ilse permit until nronPrty can he rezoned, CounciT�-33 DESIGN REVIEW I. Chief Sherwin: No Comments. 2. Joseph Glaisyer: Sidewalks and Landscaping along Cherry Lane. Extension of W. 4th. P&Z recommancbd Ipprnval to Council, with landscaping; 1/2 W. 4th St. completed; sidewalk; Variance on Set -back. 6-14-79. P q -r-e� 3. Central District Health:l)Approve Central Sewage and Central Water. 2) Plans for Community Sewage and Central Water must be submitted. 3) Street runoff is not to create a mosquito breeding problem. 4. Richard Williams: No Comment at this time. Approved Design Review by Council 6.18.+9 suject to 26 foot right-of-way Passageway, driveway portion fora fire truck. 5. (Rec'd after above meeting) _I_ Nampa -Meridian Irrigation: An irrigation and drainage plan will have; to be submitted to this Districts Boar I d of Directors for approval. ✓G� AA dz� AV, -t- . so ADA COUNTY KARL JEPPESEN, PRESIDENT LEON FAIRBANKS, VICE PRESIDENT MIKE SILVA, SECRETARY Hir,HWAY DISTRICT 3181 -.37TH STREET BOISE, IDAHO 83704 PHONE:. 384-8938 ld June 7�Se979daho.the offices of the Ada County Minutes of the Regular Meeting he in Highway District, 318 East 37th Street, Boi , Commissioners Jeppesen, Fairbanks and Silva present. Ada County Highway District staff present: Gary Funkhouser, John Joines, Chuck Smith, Ron Cotterman, Les Niederklein, Mike Brokaw, Marcia True, Alice Sinsel. Five citizens present. ON - The Ada County Highway District Board of or Commissioners declared EXECUTIVE SESSION 23, Ithat they were in EouCode.$ Session ExecutivelSessionmadjournedunder aath12:10 P.M. Section 67-2345, Idaah Regular meeting convened at 12:15 p.m. mission MERIDIAN PARK SUBDIVISION NO. 1 - Joe Glaisyer attended to oaskthe Co approved on tany inform the City of Meridian when decisions are made anagreements He subdivision in the jurisdiction of City of Meridian• develop forted the tCom fission that give subject subdivision will not be approved unless they District to inform to fire and emergency vehicles in the subdentslwith develon. The persyin the area. the City of Meridian of y f MERIDIAN OFFICE COMPLEX ning the development proposed by Cherry and Son on Cherry Discussion followed concerP opportunityto have 4th Lane. Commissioner Fairbanks exLanenedMayor Glaisyerthat this is asaMeridiawould back the followed Street extended south to Cherry is Highway District in requiring that the edsprojecttreeefortCherry Lane. The need a letter concerning the delayed federally project that the Highway District write improvement is very great and it was suggested stating the serious need. EXECUTIVE SESSION EXPLANATION - Commissioner SilDiva stated job that assificationuring eandecutive Session t eCommission discussed the Highway sation schedule and requested that a study be done to determine what adjustments could - be made to.alleviate possible inequities. ers of and MERIDIAN OFFICE COMPLEX (Contin'ued)-th landCherthey Chearerdevelopingswasepurchased with e ��eridian Office Complex state that the land Y utter and side - the understanding that the Highway District would put in the curb, g walk. Since the project as proposed did notgo fhasacomerd eupuseItfishnchange ompletely population of Meridian, the problem with funding different project and the Highway District does not have funds to install the curbea will , gutter and sidewalk and the developers of theenhe arthe existing required o ingpavementand sthe lcurb, Discussion followed concerning the area beportion gutter and sidewalk to be installed iatbthisuilttime, wagehwasualdsoediscussed. Commissioner improved until the federal projectsand Silva asked that the staff bring in a recommendation as to what should be the done uestion. whose responsibilities each phase ien hadecisionthe is made what toact donwith the area The developer to be notgutter, and sidewalk. dwae in front of the curb, tin grg ' *o' t, & 8r a y I..4ix wit r se arm �y, #' r u,+ ry, 9 .+eF.' ,. a,.t"e i 1; U. '�; as�-,'��,� , q wry- " z a k.' ux Y r x aa'r`x,t'ksr t.,� £ yt�.6"+'ON - VR JR +,rua . 5 k z `- W M L'&'9fz'9e A1e7WP- . T--� s i r� SUR TSI S TPE F 7—c(r,- H1411--, m 'IN TFMFM, Poll Cecil Cherry & Sans 7585 W. Ustick Rd Meridian, Idaho 83642 June 7, 19 79 Meridian Planning & Zoning 728 Meridian Street Meridian, Idaho 83642 Gentlemen: We are hereby submitting the following data and information for phase No. 1 for the Cecil Cherry & Sons Office Complex to be located on Chevy Lane between West 3rd and West 4th Streets: 1.) Thirty copies of a plot plan of the commlex drawn at a scale of 1 =50' 2.) Thirty copies of a vacinity man showning parcel #1, which is the location of the coirmlex. 3.) Thirty copies of the legal discrintion of the property. Phase No. 1 will consist of Building No. 3 only, with paving and Parking to accomodate the tenants of that building. Please note that this information now being submitted was submitted earlier, along with other material, with our request for a c-mZditiona.l use permit. Larger scale drawings and information will be available at the June 11th meeting of the Planning and Zoning Commission. Subscribed and sworn to before me this 7th day JJ4e 19 0. ...� 1C:. CHERRY `�NE �_____------- 3�0---� ;---- _ -_ __5_,J2- _ -- ---- --- X70' —-,.. _ ..... _ ..� - IV ' T 0 0 " Paved Parking � 74' -14_2_ _Spaces) t PA R C F L 1 1, cc'.fi Reo Field Ward Center � (Plowed) , �.. 0 Rodeo Corrals HotDo z o c-�- Paved Parking ,t v m (76 Spaces) �t � 4 Stand „ �aias� Fountain X X — X — >C--- 70 Ln Little League Field k Little League Field (Grass) (Grass) P Z3 RC F� L 2CO r Acreages: (Net) Parcel #1: 1.722 Parcel #2: 3.9413 SITE MAP '`f I J—U—B ENGINEERS, INC. 5903 Franklin Road • Boise, Idaho 83705 Project: 7960 Date: August 17, 1978 DESCRIPTION FOR / Yrs CHERRY A PORTION OF THE NE 1/4 NE 1/4, SECTION 12, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 129 T.3N., R.N.'s B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the said NE 1/4 of the NE 1/4 of Section 12; thence North 89°26°46" West 1,232.70 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 12, which is also the centerline of Cherry Ione, to a point which bears South 89026°46" East 1,422.25 feet from the Northwest corner of the said NE 1/4 of Section 12; thence South 0°25'49" West 45.00 feet to an iron pin marking the inter - Becton of the Southerly right-of-way line of the said Cherry Lane and the Easterly right-of-way line of West 4th Street, also said point being the REAL POINT OF BEGINNING; thence continuing South 0°25149" West 250.00 feet along the said Easterly right-of-way line of West 4th Street to an iron pin; thence. South 89°26146" East 300.00 feet along a line 295.00 feet Southerly of and parallel. to the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 12 to an iron pin; thence North 0°25149" East 250.00 feet along a line 300.00 feet Easterlv of and parallel. to the said Easterly boundary of West 4th Street to an iron pin on the said Southerly right -of. -way line of Cherry Lane; thence. North 89°'26''46" West 300.00 feet along the said Southerly right- of-way line of. Cherry Lane to the point of beginning, comprising 1.72 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. �ERE0 �Sq q � � b • L r) P /17 q I J—U—B ENGINEERS, INC. 5903 Franklin Road • Boise, Idaho 83705 Project: 7960 Date: August 17, 1978 DESCRIPTION FOR / Yrs CHERRY A PORTION OF THE NE 1/4 NE 1/4, SECTION 12, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 129 T.3N., R.N.'s B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the said NE 1/4 of the NE 1/4 of Section 12; thence North 89°26°46" West 1,232.70 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 12, which is also the centerline of Cherry Ione, to a point which bears South 89026°46" East 1,422.25 feet from the Northwest corner of the said NE 1/4 of Section 12; thence South 0°25'49" West 45.00 feet to an iron pin marking the inter - Becton of the Southerly right-of-way line of the said Cherry Lane and the Easterly right-of-way line of West 4th Street, also said point being the REAL POINT OF BEGINNING; thence continuing South 0°25149" West 250.00 feet along the said Easterly right-of-way line of West 4th Street to an iron pin; thence. South 89°26146" East 300.00 feet along a line 295.00 feet Southerly of and parallel. to the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 12 to an iron pin; thence North 0°25149" East 250.00 feet along a line 300.00 feet Easterlv of and parallel. to the said Easterly boundary of West 4th Street to an iron pin on the said Southerly right -of. -way line of Cherry Lane; thence. North 89°'26''46" West 300.00 feet along the said Southerly right- of-way line of. Cherry Lane to the point of beginning, comprising 1.72 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. �ERE0 �Sq q � � b • L r) P /17 U -B ENGINEERS, INC. 5503 Franklin Road - Bolsa, Idaho 83705 Project: 7960 Date: August 17, 1978 DESCRIPTION FOR XtM CHERRY A PORTION OF THE NE 1/4 NE 1/4, SECTION 12, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: r Beginning at a brass cap marking the Northeast corner of the said NE 1/4 of the NE 1/4 of Section 12; thence North 89°26'46" West 1,232.70 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of. Section 12, which is also the centerline of Cherry Lane, to a point which bears South 89°26'46" East 1,422.25 feet from the Northwest corner of the said NE 1/4 of Section 12; thence South 0°25'49" West 45.00 feet to an iron pin marking the inter- secton of the Southerly right-of-way line of the said Cherry Lane and the Easterly right--of-way line of West 4th Street, also said point being the REAL POINT OF BEGINNING; thence continuing South 0°25'49" West 250.00 feet along the said Easterly right-of-way line of West 4th Street to an iron pin; Ufa,; thence South 89°26146" East 300.00 feet along a line 295.00 feet Southerly of and parallel to the said Northerly boundary of the NE 1/4 of the NE 1/4 0£ Section 12 to an iron pin; thence North 0°25'49" East 250.00 feet along a line 300.00 feet Easterly of and parallel to the said Easterly boundary of West 4th Street to an iron pin on the said Southerly right-of-way line of Cherry Lane; thence North 89°26'46" West 300.00 feet along the said Southerly right- of-way line of Cherry Lane to the point of beginning, comprising 1.72 acres, more or less. 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'"� J � r�5k t ¢p i$k 'd ; ' *+ ' ^ y 1 �� ; ' i s '• . -,.r 'r` wnw.'*'1 v �i 3 ��'� t a �, hex- 2' a �` s x' v fag - ° � bx a Sz �# a TI - , w 11 '- 4K 'f < k' ' y` :, �i "O " ' ^ `3 "' `«. i' , , T- � `, 4 t��j 'i i "1' ,r~ffili, r x t,fi. s x�ae 5 �&�p x4 '-11 s -x ��iSx''"�a'*'' t: - •�• ��.� A,. CENTRAL DISTRICT HEALTH DEPARTMENT Review Sheet Q Return to: Rezone # Condit -tonal, -us -e Pr-a-1,.-minAYV /T, 4"61 t Plat _ Boise Eagle Meridian Runa ACZ 1. We have no objections to this proposal.1 2. We recommend denial of this proposal. rJAN 16 1979_ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. We can approve this proposal for: Central sewage _Interim sewage _Individual sewage and (Central water Individual water Community water well. — — 8. Plans for Community sewage _Sewage dry lines, and 4 Central water _Community water must be submitted to and -proved by the Regional Health and Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. "'V Cecil Cherry & Sons 7585 W. Ustick Rd. Meridians ID 83642 January 4. 1979 City of Meridian Meridians Idaho Gentlemen,' Please find the following enclosures: 1. An application for a Conditional Use Permit for the Property on Cherry Lane$ between 3rd Street and 4th Street West, named as parcel #1 on the enclosed site plans. 2. Thirty (30) copies of a site plan further showing the location of the above referenced property. 3. Thirty (30) copies of a plot plan showing the proposed layout of buildings, parkingf and access to the property. 4. Thirty (30) copies of a petition signed by all property owners living within 300 feet of the above referenced parcel #1. 5. Two pictures of an office comp&ex we propose to pattern this office complex afters and designed by the architect we have engaged. If awarded the Conditional Use Permits we propose to construct of masonry and concrete oonstructiont using white or light colored brick veneer' with dark trim. We also propose to do sufficient landscaping to enhance the property and the office buildings within it. We appreciate your careful consideration of this request. We are confident this proposed complex will fit well into the area surroundings and will be a credit to the community. Sincerely, Cecil Cherry & Sons ba �YY 'txY `i .n k � d35ry3d.k� A w' f s 0.0 ai 4 i 0 Mfi, r�}R E B�, ID h7 00 E: ad's, p i��aY3 3iS5 • �y ?b 1V 4 :�: ---j :K CD N ("D Q � Q �. CD ¢ J ¢ Q H ¢ (!- J Co c -r • Wa Ci cQ 4 - cu 0- r-4 O LO D n i 0 Mfi, r�}R E B�, ID 4 00 ad's, p i��aY3 3iS5 :�: ---j :K CD N ("D Q � Q �. CD ¢ J ¢ Q H ¢ (!- J Co c -r • Wa Ci cQ 4 - cu 0- r-4 O LO D n n c� r=I l Cn � D P A O a _o m Cj O z Cn ru0 a—r I(D M/ 5: v ID 00 • N O 1V CD D CD ID S 72: C -t- n X (D 'C7 N ct a Q N C)'� O CD ct O co Z O X S Pi p < (,5 pi = _s rD 42, o 0 0 .2� rD O 00 O a _o a � = o CD (D O p c CD a C 6i! J5 d O- Ci CDO ¢ r (D 0i �. _073 o y �. CD ¢ rD N `r N ¢ sz o <. CD U -�• o rD rD va N (D -. -n g� Ca i� ..� Z. (Dcr Y. ((`� ¢ ct fD �• C) J � � O P ,p.a. N (D C O til : pi µ N rD A. P C) (D fD r c /d 4 S -' (D -S -,I- - (D ~ f1 D O CD CD ¢ C? 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(D C) CN (J) CA O• CD O C -t- -'s C- s m pi(D CD CD O @ SYS } Q (D =0 O Z N 0 j ,. ����JJ N (D rD 507 "'A� k: W (D (CD k N � CD n s = z (D C 0 0 �' VVT Ci 0- n C t4 C-) CD d n v� n �• m �. CD y m 0 _n CD z [n n� 1 V) 3 C (D W N rD C- r J s 3 �. (D C) CN (J) CA O• CD O C -t- -'s C- s m pi(D CD CD O CC Q (D =0 O Z N 0 j ^5 N (D rD W (D (CD CD 0 N � CD n s = z (D C 0 0 �' c Ci 0- n C (D �:u J CD i �. a _0 O J J cu pi 'p n 0 rD 3 v =3< (D CT • O (D N -I N fD. CO CO i] t N (D•�•.� F O- (D 0 O'"h 3 _S C1 C•G N-. . m 1 V) ! C W N rD C- m o' ` C-) C) �. --1 3 . ! N rD o' ` �. 0 (D� CD O m pi(D CD CD (D =0 O Z N 0 j rD=. ati )< s (D rD Q' CD (no CD 0 N � CD n s = z (D C 0 0 �' c Ci 0- n C (D �:u J CD i �. a _0 O J J cu pi 'p n 0 rD 3 v =3< (D CT • O (D N -I N fD. CO CO i] t N (D•�•.� F O- (D 0 O'"h 3 _S C1 . N (DO n) N (D O -S 0 -�' (D 0 :3 ° l } 0 fy 0 r'; i � r ID tC y ?f � N k 1 r;n Y � Y wy: i 'R 3: fr�t�dZ 5,A-, VF 42 # } 1 t Revieyqcf-by: - ---FD-dt—e MOM CENTRAL DISTRICT HEALTH DEPARTMENT Review Sheet Return to: Boise Rezone Eagle Conditional use # Meridian Preliminary/Final/Short Plat Kuna ACZ 1. We have no objections to this proposal. 7 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. We will require more data concerning soil conditions on this proposal before we can comment. -4, 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. V 14� 7. We can approve this proposal for: Central sewage Interim sewage Individual sewage and entral water Individual water Community water well. 8. Plans for Community sewage _Sewage dry lines, and water Community water must be submitted to and PCCentral proved by the Regional Health and Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season ........ ... al ground water can be determined it other considerations indicate approval. 11. Revieyqcf-by: - ---FD-dt—e MOM C-) � :�z: :�: -- - (-) m c, ;,, n co C1_ CL (D (D (D (D fL _ rt C — (D rD O Cj Co --h �' O CD .-- (nCD • J CD m + S m C,,)JS p < n o a n m (D n C 0n CD :fE (-QS ci- rt 0L U) 0. -D- CD CD r -h ( N D �- c� p -S vi s n C� O _ Ln Ln O Cv `< _ n rD sZ. n (D U-) ( t n N fL -JS 0 i3 0 (D ] 0 (D r+ c -i- C'> . G/ c -I- O < 1 N f -- 1 n —I z O O O J J < -i (D cn m a 3 t? f. (v s o rD s -D --s S fir; � CD (D .� co rD 3 c, SL ¢ rt Jo 11- - Qj n ` SL O V) rD O ( ) ZE J. O co C+ --� rD c r C,) ° --5 << r. o-' Q0 rD O (D O z N O -S (D 0) ' � e Q o� T CD o- s N (D ::5 rr -S C;- O (D — CD 0 c -i- - CD O rr r. s rr (D N =5 <-h (D o Cu N s � ` 'j 0- to 73 o D> J r Ca- sw N J J• . J � G �� (/) cn (D �. cn cr N 2 c-) n =� O (D . +. o N < a c -1 h i� c I )h �sy f-► l7 r' p j � N I MD i rD (D n y a - a — —. a Q b J O cn s rD O rt N Iy N n (D Ln Un tb _ C-) � :�z: :�: -- - (-) m c, ;,, n co C1_ CL (D (D (D (D fL _ rt C — (D rD O Cj Co --h �' O CD .-- (nCD • J CD m + S m C,,)JS p < n o a n m (D n C 0n CD :fE (-QS ci- rt 0L U) 0. -D- CD CD r -h ( N D �- c� p -S vi s n C� O _ Ln Ln O Cv `< _ n rD sZ. n (D U-) ( t n N fL -JS 0 i3 0 (D ] 0 (D r+ c -i- C'> . G/ c -I- O < 1 N a• T (n CD `7 O • Z7 (D O N =� CD -3 (D rt CD a (n N f 2 i1 f i j N a• T (n CD `7 O • Z7 (D O N =� CD -3 (D rt CD a (n N C W C- m :;o f. fir; � (D .� co • • 3 c, Jo - Qj n Di -s O V) rD O (D J. O - < (D r. _S n (D O z N O -S (D 0) J < Q o� T 5 d o- s M JG_ ..J• o A rr -S C;- s CD 0 (D CL O rr r. s rr (D N (D o S (D -S s � ` 'j to o D> (D .V sw N J J• . J � G �� (/) cn (D �. cn cr N 2 CD n . +. o N < c -1 h i� c I )h �sy f-► l7 r' N a• T (n CD `7 O • Z7 (D O N =� CD -3 (D rt CD a (n ~f,+ s'ffk ^fi O t N C W C- m :;o fir; � (D .� J. � • • (D � fly.+ S Jo o (D rD rD -S J. iQ-L�} (D .® r. _S (D O z N O -S (D 0) J < Q g� o- M JG_ ..J• o A O 0 (D CL O (n K 1 i®v (D S (D -S � ` to o D> (D .V sw p fZ O CD rD (/) cn (D �. cr N O ' h Qj `g (D . +. o (D < ..r. h i� c I )h �sy f-► l7 j � MD i - — — —. ~f,+ s'ffk ^fi O t ADA COUNTY HIGHWAY DISTRICT KARL JEPPESEN, PRESIDENT LEON FAIRBANKS, VICE PRESIDENT MIKE SILVA, SECRETARY June 5, 1979 JUNG A 19' Meridian Planning & Zoning 728 Meridian Street Meridian, Idaho 83642 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 384-8838 Re: Meridian Office Complex Cherry Lane bet. 3rd & 4th Streets Sec. 12, T3N, R1W Gentlemen: The complex has been reviewed and has been approved in concept including access to Cherry Lane. Normal requirements would include construction of curb, gutter, and side- walk to facilitate pedestrian traffic past the complex. The applicant has appealed this condition and the Commission has delayed the decision for one week to investigate the conditions at the site. We would therefore ask a delay for our final input until after the June 7, 1979, meeting of the Commission. If you have any questions, please contact our Subdivision Review Office at 384-8447. Sincerely, John A: Join , P. E. Deputy Director JAJ:CCK:be cc: Kim Cherry r � *R- CENTRAL DISTRICT HEALTH DEPARTMENT Review Sheet Rezone # O@( 'e S� Conditional use # 71- Preliminary/Final/Short Plat ly Return to: Boise Eagle :k Meridian _ Kuna ACZ 1• We have no objections to this proposal. 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. X g can approve this proposal for: Central sewage _Interim sewage _Individual sewage and Central water Individual water Community water well. — — 8. Plans f o r C�2�,zaC — � y sewage Sewage dry lines, and Central water —Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Office. 9. % Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. 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(D rD (D V) (D C+ V) V) V at - C+ (D c+ fil (0j" 0) V), C+ -c+ cn 0 (D 0 fD p1IC-1) m CD m C+ -S (D S lR 0 < C+ (D C+ go CL (D �.c M C+ C+ n I . . . . . . . .. .. rD L< m OO Zi 11,to 0 m C+ CD C:o m N) CL a V 0 ti0 (D CL :cV) • CL C M rD M r+ C+ C) X X D :E :C:- =3 M CD (D 0 m m A= ;a M n 0 M t= 0 O.0 (D 231 M 0 --q N -0 cn 70 M CD n C5 0 C-1. V) (D C+ V) V) c 0 (D 0 fD p1IC-1) m C+ -S (D S lR 0 < (D CL (D C+ n r 0 m OO CD m CD M CL a V 0 ti0 (D CL :cV) • CL M rD M r+ C+ C) X X D 0- 0 -0 0 M 52 -1 co >R in. 0j C+ Ai (D -1 >< J:L Rar m -1 of >< C+ (D = (D X X Co >< C+ >< P. -I (D 0 V) N) C.....'Y (1.'' 17—E66 LU 5 MERIDIAN T_'113LIC WORD DEPT': ll WEST BOGS AVE. TERT-r!r„ I1Ty IDAHO 83642 888-522.2 for Water NsF, ,,:: & Inspections TES? MTAN WASTE TRE A�NT1 DEPT. M? NORT'_ ES`" 8 th. STREET., : IDIAN, U ARO, 8361x2 888®2191 for Sewer Inspections WAT -SDAM .A,PPL ICATI'O�T FOR HOOK-UPS PORTANT-m Tete ALL I'te sw Ma* boxes where a ' ce le amber and street I s obeli v i s i on lot block LOCATIONg 3 �',� �' est OF �, ;yoke size for water meter a c shote on subdivision plans, EU3 IDING 'TYPEapplicants size of water meter vequest, rd,----�-- To' cl imp ® e ��%%%�r►cF - c��7�hc�a�, s � t ,e of rvement: C. NONP,.ESIDIMMg :s now building 12 o alluseIY®nt.,recreational 20 additimi l3®— ch.urch, other religious alte on 14a— industrial wilding 15o parking garage ®gfou dation only l6®service station 17. hospital, institutional Q, P OPOSEDUSE:. l8®, office,bank, professional/-oer,4o'00"""' 60 ,'.. one family 190 school,, ibrary 7. ' toe or more family 20© stores:mercantile enternanber wits 2l® tanks,,-ijowers 80..,: garage 22®other-specify 9®' septic tank 23®! sq®ft© of floor spec®®o 10 city sever.- .� other -specify of equivalent connections i s NT CA ON leted by aAs tel® no® address & rip . I i�s.'a:TAUenB.s,;rV.PEP. [i.�. p b a The owner of t uil lig an UI e LtL116rslgi3cd agree to conform o app_ica ® InVtT� of- r.T,TY OF MERIDIAN 4e .ALS [`E .9 MU -5T Big PAID TO TIE, CITY 01? MERIDIAN 72b MERIDIAN STREET BEFORE WATER METER SIJ>'I'A1a�,l1TI0IJ MADE BY THE, t,iERIDI.AA PUBLIC WORKS DEPT. 11IJrEST BOWER AVE. T'21'.I�L: SI•aL BE AN INSPECTION i3EFOTt'� COVI-T-LING: by DEPARTMENTS at top of APPLICATION. Do T� PL'l. MM HOOK' TO WATI�. ;TUB Oi'L MAKIQ:3 ANY CONNECTION TO CI'I7 SERVICES. 'l.,>�tI�1;Jtl'� 'I,1TMC3l�'Ii I{OOIT. TO SEM T; ,TUI3 Oil YAKR3 ANY CONMMION TO CITY SERVICES„ �„N() 1'1 MWT FOR WATE11 MET 1 OIZ HOn:-M IS SITALL BE ACCEPTED UNTIL INSPECTIONS ARE APPROVED _ ^r•_ '+PPiicauon tate f'or o 'ce use .6111y (baljw this line) DATE to p V amountdate P fee g are r NSP- T S oun _ Pavement reT r f , r" L.: ec Aoc !r ewer =. .;. . I -`�- �/��J ,ti, v. „ ._ .. s. i y c 3a, t i r" s� d BOARD OF DIRECTORS LAWRENCE P. SMITH CHESTER A. HARGRAVE WILLIAM P. SIENAPFL 1987 OFFICERS PRESIDENT LAWRENCE P. SMITH VICE PRESIDENT CHESTER A. HARGRAVE DISTRICT MANAGER RICHARD W. HAUMANN SECRETARY OF THE BOARD & DISTRICT SEC•TREAS CHARLES E. YOST ASSISTANT SEC-TREAS DAREN R. COON ATTORNEYS RINGERT, CLARK HARRINGTON. REID. CHRISTENSON 8 KAUFMAN BOISE ENGINEERS M.CARTER & TULLER. INC. BOISE Z+ _ JY-O/•�_� 49I I A I I I I II 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 September 12, 1988 James Gipson Associates 82 East State Street Eagle, ID 83714 Dear Mr. Gipson, Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Board of Directors of Nampa & Meridian Irrigation District at their Regular Board Meeting, 6 September 1988, voted unanimously to accept the municipal surface drainage design calculations and plan drawings for the L.D.S. Church 12th and 20th Wards. Sincerely, Charles E. Yost Secretary-Treas re NAMPA & MERIDIAN RRIGATION DISTRICT cc: Toolham-Orton Engineering Co. Ada Co. Highway District City of Meridian Each Director Manager File CEY:ch APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS — 23,000 BOISE PROJECT RIGHTS — 40,000 40 r" s� d Z � 3. i x , `ri. , 2-4 x3, � t- MbA1D 'AN CITY COUNCIL MARCH 15, 1988 PAGE # 3 into the Findings of Fact that were prepared by the City Attorney. Motion Carried: All Yea: The Motion was made by Myers and seconded Dy Tolsma that the City Council of the City of Meridian does hereby adopt and approve the Findings of Fact and Conclusions Ps amended. Mutiun Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Tolsma to approve of the Variance request by Twayne Walker to construct a nine hundred square foot home on Lot # 25 Block 12 of Meadow View #II Subdivision. Motion Carried: All Yea: ,Item # 2: Public _Hearing: Annexation & Zoning Reques-t — �L-andi-tional Use Permit by Church of Latter Day Saints: ---_-. Brewer: Is there anyone in the audience who represents this request? James Gipson, 82 East State St. Eagle, Idaho, Mr. Gipson was sworn by the City Attorney. ` Gipson: This project is to be located on Ten Mile Road on a five acre parcel south of Cherry Lane, it is a church project as illustrated in the picture before you, it will accomodate two existing wards of the church, the people are already living in the area and are presently attending church at another building which is considerably further away, there are auout four hundred members per ward, so this facility would serve about eight hundred members, there would be at the church on Sunday which is the day of heaviest use approximately 120 cars at one time, We have worked with the appropriate utilities and other public services and feel all the conditions are appropriate for this development and do not forsee any unusual problems. Brewer: Does the Council have any questions of Mr. Gipson? Giesler: The only thing I would like to ask is there is nothing sure what you are going to do with the sewer being it is so far away, what is your decision on this? Gipson: We have pursued that question rather diligently over the past months, there are two available and resonable options, one is to put in a septic system for the facility, the other is to construct a distance of sewer line and hook in to the sewer, that appears now that this would be a very feasible option and that is probably the way we will go but either way would work as far as the Health Department is concern- ed, ground water testing can not be completed until the high irrigation season but the information we have so far indicates the septic system would work. It is the desire of the applicant to construct the sewer and connect to the sewer, that we believe will work with the cooperation of one or two of the other property owners. {re _ W yypyypt ;N � � SR i nr , a, V �r t s �iitk kF i, yw k_ i fa { 7 s yypyypt ;N � � SR i nr , a, V �r t �iitk kF i, yw k_ i hg . MERIDIAN CITY COUNCIL MARCH 15, 1988 PAGE # 4 Brewer: Are there any other questions of the Council? There were none. I will now open the Public Hearing, is there anyone in the audience who wishes to testify on this request? There was no response, The Public Hearing was closed. The Motion was made by Tolsma and seconded by Myers to approve the Findings of Fact and Conclusions as prepared for the Planning & Zoning Commission on this application. Motion Carried: All Yea: Item ##: Ordinance #493: Annexation & Zoning of the Property of the Latter Day Saints Church: Brewer: An Ordinance Annexing and Zoning a portion of the Northwest -1/4 ' Northwest 1/4, Section 11, T. 3N., R. 1 W, Boise, Meridian, Ada County Idaho; and providing an effective date, Is there anyone in the audience who wishes Ordinance #493 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #493 as read be passed and approved. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Tolsma and seconded by Myers to approve of the Conditional Use Permit as requested by the Church of Latter Day Saints. Motion Carried: All Yea: Item #4: Day Care Operators: Brewer: I believe you have a spokesperson for the group, Wanda Michaelson would you please come forward and make the presentation. Mrs. Michaelson had a prepared presentation which is attached as exhibit "A" of these minutes. Mrs. Michaelson also presented the Council with a rough draft of a proposed amendment to the Zoning Ordinance for their consideration. Brewer: Thank you Mrs. Michaelson, you certainly did your homework, I do not remember using this type of care for my family when they were growing up, I have known all along that the monetary rewards are very meager and the various reasons for doing this type of thing you have qualified. I would like for the Council to be able to ask you some questions, I cannot help but think we may need to have our City Attorney address the possibilities of making the suggested changes you have submitted, in regards to the Ordinance and definitions, making it possibile to clear this whole thing up without going any further. Giesler: I have children but I have never had to handle this type of thing but what is the difference between a day care and a child care? yypyypt ;N � � SR i nr , a, �iitk kF i, yw k_ i fa k. �p tl � 3 AMBROSE, 1.11 ERALD A CROOKSTON Altomep end Ooumtlon P.O. Box 427 Meridien, Idaho •3642 Telephom 6681461 e ORDINANCE NO. AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE NORTHWEST 1/4 NORTHWEST 1/4, SECTION 11, T. 3N., R. 1 W., BOISE, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex zone, R-4, Residential, the real property which is hereinbelow described: LDS CHURCH ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE -MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 NORTHWEST 1/4 MONUMENTED WITH A BRASS MONUMENT; THENCE SOUTH 300.00 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST 1/4 NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE SOUTH 89003'40" EAST 726.15 FEET TO A POINT; THENCE SOUTH 300.00 FEET TO A POINT; THENCE NORTH 89003140" WEST 726.15 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST 1/4 NORTH- WEST 1/4 TO A POINT; THENCE NORTH 300.00 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST 1/4 NORTHWEST 1/4 TO THE POINT OF BEGINNING, ADA COUNTY, IDAHO. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: a � T 49s:f g$ 67 n � Y t 5 14 w P"V3 k d L � F. x vF` A �s(fx�j f, AMBROSE. FITZGERALD i cROOYSTON Apomaya aW couromm P.O. Boa a? mwwlan, W** 83842 ehohoft 8M "01 Section 1: That the above described real property is hereby annexed and is hereby zoned R-4, Residential. Section 2: That this Ordinance does not supersede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. 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: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this/404 day of , 1988. APPROVED: Ma r --Grant P. I Kiifgtf ord 2 r q ' tS5 4 !x 3x^ ry , y A�f`w*.ti ry , k� T^ i+ >e ce Nt � d �4 O ,TTEST: y tier $SATE OF IDAHO, ) : ss. County of Ada, ) I. Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE NORTHWEST 1/4 NORTHWEST 1/4, SECTION 11, T. 3N., R. 1 W., BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. by by the City Council and Mayor of the City of Meridian, on the 5'i day of )'Y1a•-c�\ 1988, as the same appears in my office. DATED this day of 140 rc , 1988. 'Clerk, gity of Meriaian County, daho STATE OF IDAHO, ) ss. County of Ada, ) On this 10� day of RCC , 1988, before me, the undersiged, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ;;�/ye -- Nry Pub is for Idaho R iding at: Meridian, Idaho E,�I'rea Y-,- lqu d u r_ AMBROSL MMEERAL & CROOKSTON 5� Aaonwp oo Coune.an a � c P.O. em 4V k 3 5 O ,TTEST: y tier $SATE OF IDAHO, ) : ss. County of Ada, ) I. Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE NORTHWEST 1/4 NORTHWEST 1/4, SECTION 11, T. 3N., R. 1 W., BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. by by the City Council and Mayor of the City of Meridian, on the 5'i day of )'Y1a•-c�\ 1988, as the same appears in my office. DATED this day of 140 rc , 1988. 'Clerk, gity of Meriaian County, daho STATE OF IDAHO, ) ss. County of Ada, ) On this 10� day of RCC , 1988, before me, the undersiged, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ;;�/ye -- Nry Pub is for Idaho R iding at: Meridian, Idaho E,�I'rea Y-,- lqu d u r_ AMBROSL MMEERAL & CROOKSTON 5� Aaonwp oo Coune.an a � c P.O. em 4V O ,TTEST: y tier $SATE OF IDAHO, ) : ss. County of Ada, ) I. Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE NORTHWEST 1/4 NORTHWEST 1/4, SECTION 11, T. 3N., R. 1 W., BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. by by the City Council and Mayor of the City of Meridian, on the 5'i day of )'Y1a•-c�\ 1988, as the same appears in my office. DATED this day of 140 rc , 1988. 'Clerk, gity of Meriaian County, daho STATE OF IDAHO, ) ss. County of Ada, ) On this 10� day of RCC , 1988, before me, the undersiged, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ;;�/ye -- Nry Pub is for Idaho R iding at: Meridian, Idaho E,�I'rea Y-,- lqu u 5� a � c x k Aa 4 =� 1 k ltd+ e It 3 �I S04H 300' POINT OF BEGINNING NORTH 300' • C11 VICINITY MAP FOR LDS CHURCH ANNEXATION SECTION 11, T.3N., R.1W., B.M., ADA COUNTY X7-7-4 S8? 03' 40"E- 726.15' Subject Property SOUTH 300' N89003' 40"W 726.15' i - i i� i Meridian R-4 t r Ada Count AP -2 vicinity map 1" : 100' Nor i e It 3 �I S04H 300' POINT OF BEGINNING NORTH 300' • C11 VICINITY MAP FOR LDS CHURCH ANNEXATION SECTION 11, T.3N., R.1W., B.M., ADA COUNTY X7-7-4 S8? 03' 40"E- 726.15' Subject Property SOUTH 300' N89003' 40"W 726.15' i - i i� i Meridian R-4 t r Ada Count AP -2 vicinity map 1" : 100' Nor 0 TOOTHMAN-ORTON ENGINEERING COMPANY DAVIS C. TOOTHNIAN CONSULTING'ENGINEERS AND PLANNERS RICHARD F.ORTON.JR. 1802 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 BOUNDARY DESCRIPTION FOR JAMES GIPSON ASSOCIATES PAUL S. KUNZ DONG.PAYNE A parcel of land located in the NW 1/4 NW I/4 of Section 11, Township 3 North, Range I West, Boise Meridian, more particularly described as follows: Commencing at the NW corner of said NW 1/4 NW 1/4 monumented with a brass monument; thence SOUTH 300.00 feet along the westerly boundary line of said NW 1/4 NW 1/4 to the POINT OF BEGINNING; thence S 89 03'40" E 726.16 feet to a point; thence SOUTH 300.00 feet to a point; thence N 89 03'40" W 726.15 feet to a point on the westerly boundary line of said NW 1/4 NW 1/4 to a point; thence NORTH 300.00 feet along the westerly boundary line of said NW 1/4 NW 1/4 to the POINT OF BEGINNING. This parcel contains 5.000 acres. This parcel is subject to any easements existing or in use. w v` 7 Y Y' 0 TOOTHMAN-ORTON ENGINEERING COMPANY DAVIS C. TOOTHNIAN CONSULTING'ENGINEERS AND PLANNERS RICHARD F.ORTON.JR. 1802 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 BOUNDARY DESCRIPTION FOR JAMES GIPSON ASSOCIATES PAUL S. KUNZ DONG.PAYNE A parcel of land located in the NW 1/4 NW I/4 of Section 11, Township 3 North, Range I West, Boise Meridian, more particularly described as follows: Commencing at the NW corner of said NW 1/4 NW 1/4 monumented with a brass monument; thence SOUTH 300.00 feet along the westerly boundary line of said NW 1/4 NW 1/4 to the POINT OF BEGINNING; thence S 89 03'40" E 726.16 feet to a point; thence SOUTH 300.00 feet to a point; thence N 89 03'40" W 726.15 feet to a point on the westerly boundary line of said NW 1/4 NW 1/4 to a point; thence NORTH 300.00 feet along the westerly boundary line of said NW 1/4 NW 1/4 to the POINT OF BEGINNING. This parcel contains 5.000 acres. This parcel is subject to any easements existing or in use. That portion of ection 11, TA, RAW lteridian, Ada COMO,ws44809"ad " follows -' 501" BeRitming at a point on the Station line which bears South 100.00 test ireai the section corner Comm to Sections 2, 3, 10. and 11, T38, 1t1W., 801ss Meridians, Ads County. Idaho. Thente South along Said section line 300.00 feet to a point thence South 89`03'40" Last 726.15 fest to a Ste 1 pin thence North 300.00 feet to a Steel pin. Thence North 69a0340P VSst 726.15 feet to the place of Aeaiemiai. TO HAVE AND TO HOLD the said prembea, with their appurtensam unto the Said Grantee . to and Its heirs and sasirna forever. And the said Grantor S do beset � � fm with the gala Grantee . that they are the, owner a in fee dmple of Bald pretals e; from all locumbranees Escepts 1978 talose, current years irri8ati n' and easawnts. and that they will warrant and defend the time from all lawful calms wbatroever. Dated: April'_'' 1978 STATEOF lDARO, COUNTY OF Canyon On Wb 1, ({ i.k, dims of Apr i 1 ,1G 78. before me. a notary public is and for the ,std State. Pee' sonar app``"-'��""Clarence W. Clauson and 78A �Clb.dot •. . ,,lit t,•'•: 9. known wow teu the; fs'j►a whose nage a are subfjrit!ed 1e'f►D! i4tbib Wjn=snt. and acknewledpd to est t"'j Rha9 �se�ed the same. • , r \I Residing at Caldwell, o . Idaho Camm. E,pirft 4-25-81 t - . Clarence w. Clauson STATE OF IDAHO, COUNTY OF tt ek"- I b.nbp o,rtitr that this inantawa was Ned for re0004 at the reonw of s&MEW 1111.E at mtnutes past o'eloeJk pig. this p ') ,4� day of is m7 alb e. and duly neordsd in Boot of Deeds at Page A. I'LAW NG ll Fwa i / C Mau tot SAI•I (:O 1•itlo Insuran, r Cunlilany u' Iflahu NAMPA IDAHO 43461 C.AIOWftl WAHO .sen .AA A,ns Non 644 1641 xS ' t '.` � Cyd• ,t�^`j�;�r ' , 1 � t �, � r a� rhiy r Z O �y. R�' ,0 •. a 'x: i• . >. L. 1� ti 0 a 0 f' VICINITY MAP FOR Asn LDS CHURCH ANNEXATION SECTION 11, T.3N., R.1W., B.M., ADA COUNTY - I S £ rr.0 ERs — ►��10,A INN 0 SOUT 0 300' ( S89°03' 40"E- 726.151 POINT OF BEGINNING Subject Property i Fm SOUTH 300' NORTH ., 300' N89003' 40"W 726.15' i• . >. L. 1� ti a f' vicinity map 1" : 0001 i I f 1� i i i I I i I Meri di ain R-4 Ada Count AP -2 No AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 15, 1988, for the purpose of reviewing and considering the Application of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for annexation and R-4 Residential zoning of a portion of the Northwest 1/4 Northwest 1/4, Section 11, T. 3N., R. 1 W., Boise, Meridian, Ada County, Idaho, which property is basically located just south of the intersection of Ten Mile Road and Cherry Lane, and on the east side of Ten Mile Road; the proposed use is for church development. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request® NOTICE IS HEREBY FURTHER GIVEN that at the same date, time and place the City Council will also consider the Application of the aforementioned Church for a Conditional Use Permit on the above described property for the purpose of locating a church thereon which is not permitted in the R-4 Residential zone without a conditional use permit. Public comment will be taken and is welcome. }: u. } �h3 r �Ya k Tz AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 15, 1988, for the purpose of reviewing and considering the Application of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for annexation and R-4 Residential zoning of a portion of the Northwest 1/4 Northwest 1/4, Section 11, T. 3N., R. 1 W., Boise, Meridian, Ada County, Idaho, which property is basically located just south of the intersection of Ten Mile Road and Cherry Lane, and on the east side of Ten Mile Road; the proposed use is for church development. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request® NOTICE IS HEREBY FURTHER GIVEN that at the same date, time and place the City Council will also consider the Application of the aforementioned Church for a Conditional Use Permit on the above described property for the purpose of locating a church thereon which is not permitted in the R-4 Residential zone without a conditional use permit. Public comment will be taken and is welcome. u. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 15, 1988, for the purpose of reviewing and considering the Application of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for annexation and R-4 Residential zoning of a portion of the Northwest 1/4 Northwest 1/4, Section 11, T. 3N., R. 1 W., Boise, Meridian, Ada County, Idaho, which property is basically located just south of the intersection of Ten Mile Road and Cherry Lane, and on the east side of Ten Mile Road; the proposed use is for church development. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request® NOTICE IS HEREBY FURTHER GIVEN that at the same date, time and place the City Council will also consider the Application of the aforementioned Church for a Conditional Use Permit on the above described property for the purpose of locating a church thereon which is not permitted in the R-4 Residential zone without a conditional use permit. Public comment will be taken and is welcome. A MERIDIAN PLANNING & ZONING FEBRUARY 9. 1 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Walt Morrow at 7:30 p.m.: Members Present: Moe Alidjani, Jim Johnson, Jim Shearer, Charles ..Rountree: Others Present: Darrell & Chris Calhoun, Jim Lough, James Gipson, Rev. C. F. Huit, Steve Wherry, Lee Stucker, Wayne Crookston: The Motion was made by Alidjani and seconded by Shearer to approve the Minutes of the previous meeting held January 12,-1.988 as written: Item #1: Public Hearing: Annexation & Zoning Request by the Church of Latter Day Saints: Chairman Morrow: Is there a representative in -the .audience—and _if -so would they come forward and -state their name and..be.sworn by-the- City y theCity Attorney. Mr. James Gipson, _-82 East State St, -Eagle-, —Idaho—,.—,the project Architect Gipson was•sworn by the City. Attorney. Gipson: This property is approximately at -Cherry Lane -.&=T -en Mile a bit South on Ten Mile—The-property is surrounded on -three side by property - which is currently in the -City Limits.=_The:Church presently owns the property and = wish:- to - develop it as- -a ' noriial church:, Ifaci•lity -- similar _ in many respects.. to- other, -facilities that t .the church has built-, a rPa _ There will be two:. wards _ gbi ng to th .ts t grew=1 L - ty='and=__wig.. -terve �. �:. e l y people seth-a aY SI �i` vc a Lthe a �, tb re- —4 s ff ei�t �a --=-mer of -c church, metbets --Ah : yet -area: that_ them; =�a nod f th e facility. The-bhurch_ will,be_a one story build-ing,,-vwith; a_ v-iaseroom- - area upstairs, it is a. -standard type of-plan:similar-to many others--..- which thers -which have been built. -The exterior wily -be brick with metal soffet-- - and faci and a concrete tiie = roof-. The building- will -'_be- -surrounded on .three side with parking, a wayAn, a way behind the church and a--- _ way out. The .size. of the -parcel is five -acres, the .front 23-5-� acres will = - be used for the €acility 1.and the: back 2h'_ acres .used for- recreational_-_- .purposes. There will be no outside lighting proposed for the- =recreat- ional area.. We ; have investigated; ---the pos'siblity of:.sdrvides-.to:-,t-he-'-.-'ft - _ site and we propose to extend. the iii"--water:.line to: the: property from Cherry Lane .and install thet necessary-_• fixe-hydrants.--At-,-,til e_ - time the property is not serviced by-the,sewer however, there is pian to extend the sewer to -serve -this property and it would..be the- - desire of applicant to, do.that-if it can be made :available_at•..this. time We do'not.know the answer to'that-at this -.point in lieu -sof '. that a septic -system would be proposed -for on an interim basis, we have worked with the Health Department on those possibilities and the amount of affluent we would., -anticipate to --be discharged would be about 70OO gallons per -month. We have.visited-with the Fire Department and are -not -aware of any unusual requirements. We are --:.- aware of the Highway District requirements and -will -meet. --those requirements. Chairman Morrow:: -Are there any questions. of the!. Commission? - MERIDIAN PLANNING & ZING O FEBRUARY 91 1988 PAGE # 2 {' Johnson: I really do not have any questions of Mr. Gipson, just a clarification on the City Engineers comments, on #4 he suggests the applicant work with Mr. Stucker and Ben Fran to extend the sewer from the existing lines.. I would like to know what he means. It was explained that this property could be sewered from two diff- erent locations and it might be well for the church to contact these people to see if-something could be worked out for them to share in the cost. Johnson: The other item is irrigation wateriin respect to the recre- ation area. Morrow: This refers to that.maybe they should..have a surface well for this purpose rather than using City Water. t; Gipson: This is the intent of the applicant to have a small irrigation --well for the recreational-area. Oxy ,; Rountree: How many members: would �be served by,this -facitity? AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884181 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LDS CHURCH ANNEXATION AND ZONING WITH CONDITIONAL USE PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation, zoning and conditional use application having come on for consideration on February 9, 1988, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation, zoning and :conditional use was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 9, 1988, the first publication of which was 15 days prior. -to said hearing; that the matter was duly considered at the - February 9, 1988 hearing; that copies of all notices were made 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 reference is incorporated herein; that the property is approximately 5 acres in size; it is South of Cherry Lane; it has direct access to Ten Mile Road. C� 3. The property is presently zoned by the county agriculturally AP -2 (Agriculture/Urban Expansion) and the present use is the same. 4. That the property to the South is vacant land which is not in the Meridian City limits; the property to the East is vacant land zoned R-4 by the City; the property to the North is vacant land zoned R-4 by the City; the property to the West is a residence and vacant ground. 5. That the property is adjacent and abutting to the present City limits and in fact is surrounded by the City except on the South. 6. The Applicant is the owner of the property. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban: -.Service Planning Area as the _Urban Service Planning Area is defined in the Xeridian Comprehensive Plan; that the property is in the Warrior Neighborhood as designated on the Policy Diagram contained -in -the Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residenital.and receive a conditional use; that there is no present use oftheproperty -other than vacant ground; that the Applicant indicated that the intended development of the property was for a church for which a conditional use is required in the R-4 zone. a ■ rff; f /t AMBROSE, FITZGERALD � G & CROOKSTON S g. Attorneys and r 2 Counselors P.O. Box 427 Meridian, Idaho - 93812 Telephone 988.4481 1 .q '' { � r # i�NfA` ift }F .rygxv f'fTR � M N air t y et .t t �v a aii n U 10. That the Applicant did submit a request for a conditional use for development. 11. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 12. That there was no testimony from the public objecting to the Application. 13. That the property can be serviced with City water but sewer would have to be handled on site or Applicant would have to extend sewer lines more than 300 feet. 14. Ada County Highway District and the Department of Health submitted comments and such are incorporated herein as if set forth in full. 15. That the Central District Health Department submitted comments which are incorporated herein as if set forth in -full. 16. That the City Engineer submitted comments which are incorporated .herein as if set forth in full. 17. That the R-4 zone is described in the Zoning Ordinance 11-2-408 B.l. as follows: (R-4) Low Density Residential District: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with with the Comprehensive Pian of the City-, and to.pro- tect the integrity of residential areas -by prohibiting the .intrusion of incompatible non-residential uses. The (R-4) Distirct allows for a maximum of four (4) dwelling units per acre and requires connection to the f /t � G r. r 2 s r 0 Municipal Water and Sewer systems of the City of Meridian. 18. That Section 11-2-409 B provides that churches are allowed conditional uses in the R-4 zone. 19. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and met. 20. That the Applicant has submitted petitions signed by at least 75% of the people owning property within 300 feet of the external boundaries of the property indicating their approval of the property as requested by the Applicant. CONCLUSIONS 1. That the City has authority to annex land pursuant to 50-222, Idaho Code and authority to grant conditional --uses pursuant to 67-6512, Idaho Code and Section 11-2-418(D) of the Revised and Compiled Ordinances of -the City of -Meridian; that exercise of .the City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged this annexation, zoning and conditional use application _by ..-the guidelines, standards, criteria, and policies contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1985, and the record submitted to it and things of which it AMBROSE, can take judicial notice. FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 r. rr Y R x Y AMBROSE, FITZGERALD BCROOKSTON Attomeys and Counselors P.O. Box 427 Merldlan, Idaho 83542 Telaphone8884481 n 0 3. 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. 4. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. 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. 6. That the annexation application has .been initiated by the Applicant, with consent of the owners, and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function the,City has authority to place conditions upon the annexation of land and that the City of Meridian has authority to .place conditions .on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and Section 11-2-418(D) of the City Zoning ordinances. 8. That 11-2-418(C) of the Revised and Compiled ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall ,review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: za* t x � x ,a 4 rC g k P> F t:. AMBROSE, FITZGERALD BCROOKSTON Attomeys and Counselors P.O. Box 427 Merldlan, Idaho 83542 Telaphone8884481 n 0 3. 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. 4. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. 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. 6. That the annexation application has .been initiated by the Applicant, with consent of the owners, and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function the,City has authority to place conditions upon the annexation of land and that the City of Meridian has authority to .place conditions .on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and Section 11-2-418(D) of the City Zoning ordinances. 8. That 11-2-418(C) of the Revised and Compiled ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall ,review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 868401 a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the same. I C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has water service available and sewer will have to be provided for. f. The use would not create excessive additional requirements at public cost -for public facilities and services and the use would not be detrimental to,the•- economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or -the general welfare by reason of excessive production of traffic or noise. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the I o IM destruction, loss or damage of a natural or scenic feature of major importance. 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; that the applicant should be required to connect to Meridian water and provide sewer on site until such time that sewer lines come within 300 feet of the external boundaries of the site; that the property will be subject to Site Planning Review. 10. That proper and adequate access to the property is available but will have to be improved to allow the proposed development. 11. That it is concluded that the annexation, -zoning and conditional use would be in the best interests of -the City of Meridian'. 12. Therefore, based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimatley concluded that Applicant's property should be annexed and zoned as requested and the conditional use granted; that the conditions should be those stated above and upon issuance of final platting or issuance of a building permit and other conditions to be explored at the City Council level; that such annexation would be orderly development and;reasonable if the conditions are met. AMBROSE, FITZGERALD &CROOKSTON Attomep and Coun"lare P.O. Box 427 MwkHan, Idaho 83612 Telephone SSM01 EF 13. That due to the fact that these findings and conclusions were prepared prior to hearing they may have to be altered, changed or amended after the hearing. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Rountree Voted Commissioner Shearer Voted Commissioner Johnson Voted Commissioner Alidjani Voted Chairman Morrow Voted_ye RECOMMENDATION It is hereby recommended to the City Council that the property should be annexed and zoned R-4 Residential and the conditional use be granted under the conditions stated hereinabove and those investigated and set forth by the City Council. MOTION: APPROVED , l CR x r'ryt u DISAPPROVED AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8884461 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 E. Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on February 9, 1988, for the purpose of reviewing and considering the Application of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for annexation and R-4 Residantion zoning of a portion of the Northwest 1/4 Northwest 1/4, Section 11, T. 3N., R. 1W., Boise, Meridian, Ada County, Idaho, which property is basically located just south of the intersection of Ten Mile Road and Cherry Lane, and on the east side of Ten Mile Road; the proposed use is for church development. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. NOTICE IS HEREBY FURTHER GIVEN That at the same date, time and place the Planning and Zoning Commission will also consider the Application of the aformentioned Church for a Conditional Use Permit on the above described property for the purpose of locating a church thereon which is not permitted in the R-4 Residential zone without a condition use permit. Public comment will be taken and is welcome. CJ F E DATED this - day of j, 1988, Jack Niemann, City Clerk mm 0 0 JAMES GIPSON ASSOCIATES architecture planning 82 EAST STATE STREET, EAGLE, IDAHO 83616 WALNUT CREEK, CALIFORNIA phone (208) 939-0236 phone (415) 934-5959 January 15, 1988 City of Meridian 33 East Idaho Meridian, ID 83642 Request For Annexation Re: Project No. 8766, Meridian 12th & 20th Wards Gentlemen: This will formally request annexation to the City of Meridian, and zoning R-4. We understand that this zoning will allow development of a Church project by Conditional Use Permit. The attached application identifies the property, and other pertinent information. Very truly yours, JAMES GIPSON ASSOCIATES s Gips AIA Representative of the Owner JG/cb Notarization: APPLICATION FOR ANNEXATION APPROVAL & ZONING Meridian Planning & Zoning Commission " Filing Information I. GENERAL INFORMATION ` N/A (Proposed Name of Subdivision) On east side of 10 mile Road, 300' South of Cherry Lane (General Location) (See Attached) (Legal Description - attach if lengthy) Corp. of Presiding Bishop, The Church of Jesus Christ of Latter Day Saints A Utah Cor (Owner(s) of Record) (Name) (Telephone No. ) Sol 50 E. N. Temple, Salt Lake City, UT 84150-0001 (208) 342-2735 (Address) President C. Leon Johnson (208) 888-2014 (Applicant) (Name) (Telephone No. ) 1570 East Ustick Road, Meridian, ID- 83642 (Address) James Gipson (208) 939-0236 . (Engineer, Surveyor or Planner) (Name) (Telephone No. ) 82 East State Street, Eagle, ID 83616 (Address) wurisaiction(s) Requiring Approval) (Type of Subdivision -Residential, Commericial, Industrial) 5o 5A Acres of Land in Contiguous ownership. -By : ) z, x ,. Tr � � � t e ii�� o &10 (Fee) o 0 ANNEXATION APPLICATION City of Meridian Church of Jesus Christ of Later Day Saints Meridian 12th & 20th Wards 1. Present Land Use; Unused Agricultural. 2. Proposed Land Use; Church Development. 3. Present District; Zone AP -2 (Ada County), Agricultural/Urban Expansion. 4. Proposed District; Zone R-4. 5. Characteristics of subject property which make the zoning amendment desirable; The property is virtually surrounded by the City of Meridian, with R-4 zoning. The area is planned to develop as a residential area and the proposed Church is intended to serve this area. The property is of appropriate size to accommodate the Church, and is located convenient to residences of the present Church members. 6. Relation of Zoning to the Meridian Comprehensive Plan; The proposed R-4 zoning is in compliance with the Meridian Comprehensive Plan. } AAy a N tAN Y �F 6 n vi x JAMES GIPSON ASSOCIATES architecture planning 82 EAST STATE STREET, EAGLE, IDAHO 83616 WALNUT CREEK, CALIFORNIA phone (208) 939-0236 phone (415) 934-5959 January 15, 1988 City of Meridian 33 East Idaho Meridian, ID 83642 Re: Project No. 8766, Meridian 12th & 20th Wards Gentlemen: As representative of the Owner, I hereby state that the Owner grants a lien against said property for payment of all costs incurred by the City including engineering, publication and attorneys fees. Very truly yours, JAMES GIPSON ASSOCIATES v James Gips, AIA JG/cb �� Y PETI ON REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet -- from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required material. 3. Three-fourths (75%) of those persons ' • owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO LDS Church USING THE PROPERTY LOCATED ATEast of 10 mi. 300'S. of Chprry IaneMERIDIAN, FOR THE PURPOSE OF New Church Facility NAME ADDRESS PHONE DATE 17 C- 1 9e: ' jyr 0 42 tf d j`Ta#gs� of 777", R Y �, t _ 4 a �...�2d�A��`� 3'i"` t t � Y :. e- �` �r � s � "A �� i1�✓ � 1 ., ze ., re.t. `m8'� s .i ,g £ _il}} YY ,�„� z �'s"k k�a�A ,y. � xb" '•@yg x3ky.w4` € r ,P.,l a ,...F x:. pugd-t$'� 01 .. W%10 d j`Ta#gs� of 777", R Y �, t _ 4 a �...�2d�A��`� 3'i"` t t � Y :. e- �` �r � s � "A �� i1�✓ � 1 ., ze ., re.t. `m8'� s .i ,g £ _il}} YY ,�„� z �'s"k k�a�A ,y. � xb" '•@yg x3ky.w4` € r ,P.,l a ,...F x:. pugd-t$'� 01 .. W%10 i`'S$ ,Y 1 r,:. v. Ed � M -":}- y # "3.j�,,� % - ':�}gY ,.e wr � $ •i cyk S�,�T� � X ._:' 6 ` T, a v Z t vv MM, 1: Ada County Highway District: See Attached: �e 2. Central District Health: See Attached: " r } 3. City Engineer: See Attached: 4. Sewer Department: Sewer presently not available to property. x 5. Nampa Meridian Irrigation: p g All laterals & waste ways must be y protected, Developer shall comply w/Idaho Code 31-3805. Nampa Meridian has no objections to this. 6: Public Hearing held before the Planning & Zoning Commission February 9, 1988: Commission approved Findings of Fact and Conclusions of Law and recommended that the City Council approve this application. b'�5 s 5 f i �i. s; ADA U `d( HIGHWA DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 To: Ada County Highway District Commission From: Development Services Subject: ANNEXATION, REZONE & CONDITIONAL USE (LDS Church, 888-2014) FACTS & FINDINGS: Inter -Department Correspondence Date: 1-27-88 TEN MILE SOUTH OF CHERRY 1. The Church of Latter Day Saints proposes to construct a new church. They need to have the parcel annexed into Meridian City, rezoned from AP -2 to R-4, and then get a conditional use permit. 2. Ten Mile Road has 50 -feet of right-of-way (66 -feet is required) and is improved with 24 -feet of paving. 16.76 If the annexation, rezone, and conditional use are approved and development proceeds, the District will have the following requirements: SITE SPECIFIC REQUIREMENTS: 1. Provide by dedication 33 -feet of right-of-way from the centerline of Ten Mile abutting parcel. 2. Provide curb, gutter, 5 -foot sidewalk, and match paving on Ten Mile abutting parcel. 1-11*1 STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and constructed to ACHD standards and specifications. 2. All street construction plans shall be sealed by a registered Profes- sional Engineer in accordance with ACHD policy. 3. Obtain written approval from irrigation/drainage .jurisdiction for storm runoff into irrigation/drainage system(s). 16 ANNEXATION, REZONE & CONDITIONAL USE TEN MILE SOUTH OF CHERRY 1-27-88 Page 2 4. Relocate all obstructions outside of the proposed street improvements. - Prior to relocation, obtain written permission from the applicable .jurisdiction. 5. Relocate all irriqation/drainage structures outside of the public right-of-way. Prior to relocation, obtain written approval from the applicable .jurisdiction. 6. Provide for the continuation of all existing irrigation and drainage systems across parcel. 7. Submit 4 -sets of street improvement plans for review and approval by the District. 8. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A), where applicable, and ACHD aolicy. 9. Access to parcel to be reviewed and approved by the District. 10. Driveways to be located a minimum of 5 -feet from the property line. 11. Any work within ACHD right-of-way requires a permit. For information regarding the requirements to obtain a permit, please contact Quality Control at 345-7667. CU, DR, or PDC file number required. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning as condition for compliance. SIGNATURE OF STAFF SUBMITTING: Joh D. Thompson { 16.76 5 �z `y ass r 9 ,z 2; .4 t� l cc ANNEXATION, REZONE & CONDITIONAL USE TEN MILE SOUTH OF CHERRY 1-27-88 Page 2 4. Relocate all obstructions outside of the proposed street improvements. - Prior to relocation, obtain written permission from the applicable .jurisdiction. 5. Relocate all irriqation/drainage structures outside of the public right-of-way. Prior to relocation, obtain written approval from the applicable .jurisdiction. 6. Provide for the continuation of all existing irrigation and drainage systems across parcel. 7. Submit 4 -sets of street improvement plans for review and approval by the District. 8. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A), where applicable, and ACHD aolicy. 9. Access to parcel to be reviewed and approved by the District. 10. Driveways to be located a minimum of 5 -feet from the property line. 11. Any work within ACHD right-of-way requires a permit. For information regarding the requirements to obtain a permit, please contact Quality Control at 345-7667. CU, DR, or PDC file number required. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning as condition for compliance. SIGNATURE OF STAFF SUBMITTING: Joh D. Thompson { 16.76 5 i by k�a Date Y 4PENTRAL DISTRICT HEALTH DEPARTMENT S.t J ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard ' �4 Boise, Idaho 83706 REVIEW SHEET Return to: Boise .Rezone # Eagle { — Conditional Use # Meridian —_u Preliminary/Final/ Yiort Plat Kuna SaA dV14 ACz IDS b_LD ,. AKAt ttd. 1. — We have no objections to this proposal. 2. We recommend denial of this proposal. — 3. Specific knowledge as to the exact type of use must be provided before we can comment on — this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5.We will require more data concerning the depth of gh seasonal ground water (solid lava) from original grade before we can comment concerning in ivi u sewage disposal. 6. — We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: sewage Interim sewage sewage Community sewage system _Central _Individual — and _Central water _Individual water — Community water well. 8. Plans for sewage Con¢rnuiity sewage system Sewage dry lines, and _ _Central water munity water must be submitted to and approved by the Regional _Central _C Health and Welfare Environmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problem. — �.' 10. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. If restroom facilities are to be installed then a sewage system MUST be installed to meet _ Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review for any (food establishment)(beverage — establishment)(swinming pools or spas)(grocery store). 13.E ` C®u, - vn yl oar rnLk r i.c e s no �� n�-1 /12/ (X i by k�a Date Y �N v J S.t J �4 A � �y e x` d G. x ij r � tyh x s s R � y x. 4 r S 3 x f yy kBj1`xSdyex �, Y Yt4 r F.tw w0 wr-aGGm N "`mow 1% ml z r1-1 m& i 0 m o gw o mCwmo mKw ►m3e 9a K om N a 1 rto Fc aro a a mm .4 OP110 �'w®mm m rt V nr A it a m Fro+ r m M N F- I.- I- .0 h7 toM a :*°i pG� AN Qi m h°+ W � A o K] W I I rt `° W cmr o .0 rt M M O 0 Ft o CD a bO rt m rt m �• rOq ~ �' ct 0 m •. 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W d H tt rt Trot cOr ,C f0.. o to w H `Q O w ft to W m ft :* b 8 d r � P) caro rnr m rt rrr Ea ° z lor 0 m V ° a 0� N _ F"`C � NO w � Arp w -- p ° z 0 14 F co 0o r co r �o co co h "� 71C, -4 y s . i k S Y� k 3 h "� cD CD h t7 b 4 O N N- 0 O C+ N n ct � m CD M o C b � O 44 y CD C+ Iv wr 010 m0 m O O w rr ti � aK • 0 0 rrr mm m O � R tb :2 m ro� r C rt Q m no K a. m m rt O IV LVL 71C, -4 y s . i k cD CD h t7 b 4 O N N- 0 O C+ N n ct � m CD M o C b � O 44 y CD C+ Iv wr 010 m0 m O O w rr ti � aK • 0 0 rrr mm m O � R tb :2 m ro� r C rt Q m no K a. m m rt O IV LVL NOTICE OF PUBLIC HEARING A NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 E. Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on February 9, 1988, for the purpose of reviewing and considering the Application of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for annexation and R-4 Residantion zoning of a portion of the Northwest 1/4 Northwest 1/4, Section 11, T. 3N., R. 1W., Boise, Meridian, Ada County, Idaho, which property is basically located just south of the intersection of Ten Mile Road and Cherry Lane, and on the east side of Ten Mile Road; the proposed use is for church development. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. NOTICE IS HEREBY FURTHER GIVEN That at the same date, time and place the Planning and Zoning Commission will also consider the Application of the aformentioned Church for a Conditional Use Permit on the above described property for the purpose of locating a church thereon which is not permitted in the R-4 Residential zone without a condition use permit. Public comment will be taken and is welcome. AMBROSE, FITZGERALD &CROOKSTON Attomep end Counselors P.O. Box 427 werldlen, Nebo 63642 ,dphone8864181 0 r�- �M , NOTICE OF PUBLIC HEARING A NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 E. Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on February 9, 1988, for the purpose of reviewing and considering the Application of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for annexation and R-4 Residantion zoning of a portion of the Northwest 1/4 Northwest 1/4, Section 11, T. 3N., R. 1W., Boise, Meridian, Ada County, Idaho, which property is basically located just south of the intersection of Ten Mile Road and Cherry Lane, and on the east side of Ten Mile Road; the proposed use is for church development. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. NOTICE IS HEREBY FURTHER GIVEN That at the same date, time and place the Planning and Zoning Commission will also consider the Application of the aformentioned Church for a Conditional Use Permit on the above described property for the purpose of locating a church thereon which is not permitted in the R-4 Residential zone without a condition use permit. Public comment will be taken and is welcome. AMBROSE, FITZGERALD &CROOKSTON Attomep end Counselors P.O. Box 427 werldlen, Nebo 63642 ,dphone8864181 0 , �� an cr pi TN 4 Ntn• k f Sir �a Ntn• $V �x R, AMBROSE, FITZGERALD & CROOKSTON Attomaya uxi Counselors P.O. Box 417 Mmidlan, Waho 't4phone 8"a1 DATED this2d± day o 1988, Im n,gycity r r ME 2 -S'S' rT.0 EAs Subject Property vicinity map 1" : I Meridian R-4 7— Ada Ada Count AP -2 z J Z � Q I Y 00, -1.4 Nort 5'' a � � .t` a. f IN <i 2 -S'S' rT.0 EAs Subject Property vicinity map 1" : I Meridian R-4 7— Ada Ada Count AP -2 z J Z � Q I Y 00, -1.4 Nort 5'' a � � .t` a. f IN rn�f. f. C ? x. OW Vizi r ® e ANNEXATION APPLICATION City of Meridian � Church of Jesus Christ of Later Day Saints Meridian 12th & 20th Wards 1. Present Land Use; Unused Agricultural. 2. Proposed Land Use; Church Development. e 3. Present District; Zone AP -2 (Ada County), Agricultural/Urban Expansion. 4. Proposed District; Zone R-4. 5. Characteristics of subject property which make the zoning amendment desirable; The property is virtually surrounded by the City of Meridian, with R-4 zoning. The area is planned to develop as a residential area and the proposed Church is intended to serve this area. The property is of ,;. appropriate size to accommodate the Church, and is located convenient to residences of the present Church members. 6. Relation of Zoning to the Meridian Comprehensive Plan; The proposed R-4 zoning is in compliance with the Meridian Comprehensive Plan. s � f F tt , 2�n S 3, $d` 1" ,hear. h" s' rS: �s S t= yy � I I int E4 "m`0 c,��I I I I I 1�1 ISI I I ISI -\�,l Alk k 1-�l � 1--,\l V 9w DATE: April 17, 2000 TO: Mr. Will Berg Meridian City Clerk 33 E. Idaho St. Meridian Id. 83642 FROM: Steve Simmons FECF-Y"T'"',�JD APR 18 7000 SUBJECT: L.D.S. Parkside Cherrylane Church -Assessment Agreement 98031.01 4d Will, Please find the attached executed assessment agreement for your records as requested for the property located at 1985 N. Black Cat Road. Com- �oa� 4 t----- z ------ x. V 9w DATE: April 17, 2000 TO: Mr. Will Berg Meridian City Clerk 33 E. Idaho St. Meridian Id. 83642 FROM: Steve Simmons FECF-Y"T'"',�JD APR 18 7000 SUBJECT: L.D.S. Parkside Cherrylane Church -Assessment Agreement 98031.01 4d Will, Please find the attached executed assessment agreement for your records as requested for the property located at 1985 N. Black Cat Road. Com- �oa� 4 t----- ------ x. V 9w DATE: April 17, 2000 TO: Mr. Will Berg Meridian City Clerk 33 E. Idaho St. Meridian Id. 83642 FROM: Steve Simmons FECF-Y"T'"',�JD APR 18 7000 SUBJECT: L.D.S. Parkside Cherrylane Church -Assessment Agreement 98031.01 4d Will, Please find the attached executed assessment agreement for your records as requested for the property located at 1985 N. Black Cat Road. Com- �oa� 4 i x. V 9w DATE: April 17, 2000 TO: Mr. Will Berg Meridian City Clerk 33 E. Idaho St. Meridian Id. 83642 FROM: Steve Simmons FECF-Y"T'"',�JD APR 18 7000 SUBJECT: L.D.S. Parkside Cherrylane Church -Assessment Agreement 98031.01 4d Will, Please find the attached executed assessment agreement for your records as requested for the property located at 1985 N. Black Cat Road. Com- �oa� MARCH 2, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 APPLICANT: JAMES LYSTRUP-IDS CHURCH AGENDA ITEM NUMBER:_ REQUEST: REQUEST TO HOOK UP TO CITY SERVICES AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: S ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become properly of the City of Meridian. Lk i X T'x t` 4'r ss t PF f >t � V x; 0�' 3 i v, y( S $,a� 3 him WE�k �k r1� Will Berg From: James lystrup [purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, Page 1 of 1 FEB 2 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's Jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/23/00 �m fl y ti t; E K te a. vt" # 7 �" "�' J44 2� Pt 'Yew ! £ 4 4 >4 r1� Will Berg From: James lystrup [purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, Page 1 of 1 FEB 2 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's Jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/23/00 t; E K te a. vt" # 7 �" "�' J44 2� 'Yew ! £ 4 4 r1� Will Berg From: James lystrup [purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, Page 1 of 1 FEB 2 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's Jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/23/00 E K te a. vt" # 7 �" "�' J44 2� Will Berg From: smithg@ci.meddian.id.us Sent: Thursday, February 24, 2000 2:42 PM To: Will Berg' Subject: RE: Locust Grove LDS Church Will: The following is offered in response to the request you received from Mr. James K. Lystrup for this church building to connect to city water and sewer. As you know, since this property is presently outside the city limits, the approval for this request must come from the City Council. I think that Mr. Lystrup's letter (e-mail) request for this approval needs to be accompanied by a site plan of the proposed church so that the City Council can see where it is and what is involved. In the past, we have required the property owner to enter into an agreement with the City for this service, and a part of this agreement requires that the owner begin the annexation process for the property. Because this project seems to be on a "fast track," it would probably be appropriate to require, in the agreement, the completion of the annexation process prior to us setting a water meter. With this requirement we should be able to insure that installation of the sewer and water service lines, with their connections, are done in accordance with our Standard Specifications. Please pass these comments on to Mayor and City Council and to Mr. Lystrup. Regards, Gary Smith �4. W 4: Jou,. Aioe,44oatcu WONE:(209) 233-%33 FAX. (20-) 233-%% February 23, 2040 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Request for connection to City services Dear Mr. Berg: 1 133 CALL aM MACE PD,CATM WHO 9201 pCEIVET) F F B 2 8 2000 (CITY OF MERIDLV?�1, We appreciate your timely response to our request for connection to City water and sewer. Please accept this letter as our formal request for connection to City water and sewer services. The Owner is prepared to enter into an agreement to become annexed and zoned into the City of Meridian. We have enclosed a copy of the site plan and plumbing site plan for your review. Please do not hesitate to call if you have any questions. u 8 g g Oil .a` Ilia gi®1 t11 19111 .H1 11e� o Y r. a �I h F{ Y� s{� AE:-- � t d Y' 7 { Kf................................ u 8 g g Oil .a` Ilia gi®1 t11 19111 .H1 11e� o r. a �I b "'I I v n :I � S '0 N NOIS IA I OB OS ----------L O G V B T O R O Y C ROAD-------------- r3w i i i 4.. �h� rRG.(MlftillR" 8"Z .«wr � x mow' 3 .a + z, f T t ff 4 as �N izs= Y), Ski ----------L O G V B T O R O Y C ROAD-------------- r3w i i i 4.. �h� rRG.(MlftillR" 8"Z .«wr wx 3 .a + �t as Y), ----------L O G V B T O R O Y C ROAD-------------- r3w i i i 4.. �h� rRG.(MlftillR" 8"Z .«wr X HUB OF TREASURE VALLEY 6 MAYOR Robert D. Come r, LEGAL DEPARTMENT Sa CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS v PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 X FACSIMILE COVER SHEET TO: FAX NUMBER: Gbh DATE: 3� DELIVER TO: TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME:' l L 13 ,' ,�-Y, TITLE/DEPARTMENT: CA) -k2 C&' 1c, COMMENTS: ail-" Ca.q 43vZl �-k Ki�' ke t4.) ks 60->-L Czt,ece, �� ��c tit tL4Ud �tiliX vie 12 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 �e.re- d.S -etCatPz,,v/� 14 HUB OF TREASURE VALLEY 6 MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT Sa CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS v PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 FACSIMILE COVER SHEET TO: FAX NUMBER: Gbh DATE: 3� DELIVER TO: TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME:' l L 13 ,' ,�-Y, TITLE/DEPARTMENT: CA) -k2 C&' 1c, COMMENTS: ail-" Ca.q 43vZl �-k Ki�' ke t4.) ks 60->-L Czt,ece, �� ��c tit tL4Ud �tiliX vie 12 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 �e.re- d.S -etCatPz,,v/� 14 6 Sa v z , yY i q �Jkh S s ^��kt M , AGREEMENT FOR HOOKUP TO THE CITY OF MERID l SEWER/WATER SYSTEM OUTSIDE THE CITY LIMI S S THIS AGREEMENT is made and entered into this day of 2000, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and RANDY DL. WARE and ELIZABETH J. WARE, husband and wife,as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in equity of certain tract of land in the County of A Idaho, described in Exhibit "A", which is attached I this reference incorporated herein as if set forth in f hereinafter referred to as the "Property"; and in law and/or da, State of .ereto and by 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate kwerAvater systems; and 1.3 WHEREAS, "City" operates and maintains and deelops a sewer/water system; and 1.4 WHEREAS, the "City" has enacted ordinances gov rning its sewer/water system codified in Meridian City Code H 9-1-16 and 9-4-26; and 1.5 WHEREAS, the "Sewer/Water User" is the owner Of "Real Property" hereinafter described which is presently 1 cated outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the sewer/water to serve the "Real Property" and the "City" is willing to provide that connection tot e sewer/water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and. it is specifically agreed that as a specific consideration of the "City's" AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 1 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) 2.6 "Sewer/Water System": means and shall refer to sewer/water system. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 2 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) City's z willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its sewer/water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provid perpetual consent to annexation of the "Real Property" in to the "City". Pw+y , 2. DEFINITIONS: For all purposes of this agreement the following words, ter is, and phrases herein contained in this section shall be defined and interpreted w as herein provided for, unless the clear context of the presentation of the x same requires otherwise: f % 2.1 "City": mems and refers to the City of Meridian, County of Ada, State of Idaho. r 2.2 "Sewer/Water User": means and shall refer to Randy Ware, who is the owner of the real property. t#t 2.3 "Real Property": means and shall refer to certain p rcel(s) of real >7 property located in the County of Ada, City of Mer dian as described in Exhibit "A", attached hereto and by th s reference 4' incorporated herein as if set forth at length togethei with 4 improvements thereon. �a 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its sewer/water system presently codified at Meridian City Code §§ 9-1-16 and 9- 4-26, and this definition specifically includes any prospective ;. .kt 0V 7 amendments and/or recodifications to said ordinances or any parts thereof, and shall also refer to any other ordinances of the City of Meridian governing the "Sewer/Water System". .$ 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its sewer/water system. 2.6 "Sewer/Water System": means and shall refer to sewer/water system. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 2 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) City's z Pw+y s � f % $g t#t k s 4' �4t ;. .kt 0V 7 NOW THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to allow a connection to the "Sewer/W service the "Real Property" subject to the terms and conditions of this conditions incorporated System" to S. CONDITIONS AND REQUIREMENTS OF SEWERAVATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer ater System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the se er/water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "Sewer/Water User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "City" providing "Sewer/Water System" service to the "Real Property". The "Sewer/Water User" herein gives perpetual consent to such annexation -and agrees to pay the annexation application fee. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § S -222 or any amendments or recodification of said statute. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 3 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) k �h s 4j$ l ,Y �M } NOW THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to allow a connection to the "Sewer/W service the "Real Property" subject to the terms and conditions of this conditions incorporated System" to S. CONDITIONS AND REQUIREMENTS OF SEWERAVATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer ater System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the se er/water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "Sewer/Water User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "City" providing "Sewer/Water System" service to the "Real Property". The "Sewer/Water User" herein gives perpetual consent to such annexation -and agrees to pay the annexation application fee. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § S -222 or any amendments or recodification of said statute. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 3 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) 91"1�Y�° �. Ift" PV I t+f ^ a F "a 7t=� I.14 Y 3 91"1�Y�° �. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Reguations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User" or by any successor or successors in title or by the assigns oft e parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance f the covenants, agreements, conditions, and obligations ontained herein. 11.2 In the event of a default, written Notice of Default hall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non - defaulting party may seek any remedy provided forherein. 11.3 In the event the performance of any covenant to be hereunder by either "Sewer/Water User" or "City" i causes which are beyond the reasonable control of t responsible for such performance, which shall inclu4 limitation, acts of civil disobedience, strikes or Simi: time for such performance shall be extended by the time of such delay. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 4 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) ; delayed for ie party e, without it causes, the rmount of Ift" PV I zX a F 5 7t=� Y 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Reguations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User" or by any successor or successors in title or by the assigns oft e parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance f the covenants, agreements, conditions, and obligations ontained herein. 11.2 In the event of a default, written Notice of Default hall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non - defaulting party may seek any remedy provided forherein. 11.3 In the event the performance of any covenant to be hereunder by either "Sewer/Water User" or "City" i causes which are beyond the reasonable control of t responsible for such performance, which shall inclu4 limitation, acts of civil disobedience, strikes or Simi: time for such performance shall be extended by the time of such delay. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 4 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) ; delayed for ie party e, without it causes, the rmount of g, sem,. s � r ff4 12 13. NOTICES: 12.1 Any notice desired by the parties and/or required b` Agreement shall be deemed delivered if and when p delivered or three (3) days after deposit in the Unit Mail, registered or certified mail, postage prepaid, n requested, addressed as follows: CITY: c/o Meridian City Engineer Gary Smith City of Meridian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY O Randy 0. Ware Ware 10464 Shady B Boise, Idaho this rsonally d States turn receipt ix: Elizabeth J. 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in a cordance with the requirements of this section. ATTORNEY FEES: Should any litigation be commenced between the parties h concerning this Agreement, the prevailing party shall be entitled, in add: other relief as may be granted, to court costs and reasonable attorney's f determined by a Court of competent jurisdiction. This provision shall b be a separate contract between the parties and shall survive any default, or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is s essence with respect to each and every term, condition and provision AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 5 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) tion to any ,.es as e deemed to termination :ly of the eof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so faili g to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the be efit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner orowners shall be both benefitted and bound by the conditions and restrictions herein exressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a competent jurisdiction, such provision shall be deemed to be excised the invalidity thereof shall not affect any of the other provisions cont 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agre condition and understandings between "Sewer/Water User" and "City" subject matter hereof, and there are no promises, agreements, condition understanding, either oral or written, express or implied, between "Sew User" and "City", other than as are stated herein. Except as herein oth provided, no subsequent alteration, amendment, change or addition to Agreement shall be binding upon the parties hereto unless reduced to v signed by them or their successors in interest or their assigns, and purse respect to "City", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the agreement shall terminate except for any default that exists at such tj enforceable pursuant to the terms of this agreement. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 6 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) of corn and herein. :lative to the or Water wise .is ting and nt, with y" this shall still be �z the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so faili g to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the be efit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner orowners shall be both benefitted and bound by the conditions and restrictions herein exressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a competent jurisdiction, such provision shall be deemed to be excised the invalidity thereof shall not affect any of the other provisions cont 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agre condition and understandings between "Sewer/Water User" and "City" subject matter hereof, and there are no promises, agreements, condition understanding, either oral or written, express or implied, between "Sew User" and "City", other than as are stated herein. Except as herein oth provided, no subsequent alteration, amendment, change or addition to Agreement shall be binding upon the parties hereto unless reduced to v signed by them or their successors in interest or their assigns, and purse respect to "City", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the agreement shall terminate except for any default that exists at such tj enforceable pursuant to the terms of this agreement. AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 6 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) of corn and herein. :lative to the or Water wise .is ting and nt, with y" this shall still be e f � . f h K 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parl ies have executed this Agreement. ACI(NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. UP CITY OF MERIDIAN By: // OR ROBER CORRIE ATTEST: rYtV"`�;i.:i::tFlrry�l�i/j'' WILLIAM G. BERG, JR., CITY CLERK SEAj, w BY RESOLUTION NO. Y©Z- r r a� y I a STATE OF IDAHO, ) ss. County of Ada ) On this :'<_` day of �� �r a in the year 2000, before me, d ��/� �tJ� �/� , a Notary Publi , personally appeared Randy M Ware and Elizabeth J. Ware, husband and wife, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. +++•tiEEN"N. WITNESS WHEREOF, I have hereunto set my hand and affixed my F' 4�.,y and year in this certificate first above written. AUB Ll-'- •.ti•8 pp; D a lic for daho ` Resi `gat: My Commission Expires: D STATE OF IDAHO, ss. County of Ada ) On this l�A day of l�y1iLLG?�t. , in the year 000, before me, A4 6:-, ra-a , -,a Notary Public personally appeared ROBERT D. ORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City 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. (SEAL) ZAWork\M\Meridian I 'pT i4 Notary ublic for Idaho Residing at: qA�j�1G, Lo • My Commission Expires: Z(o Nu[1 , RZ?gvaterSewerHookupAgmt\SewerWaterOutsideCity.Agmt . AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 8 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) �y ■ z ;> k �H r STATE OF IDAHO, ) ss. County of Ada ) On this :'<_` day of �� �r a in the year 2000, before me, d ��/� �tJ� �/� , a Notary Publi , personally appeared Randy M Ware and Elizabeth J. Ware, husband and wife, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. +++•tiEEN"N. WITNESS WHEREOF, I have hereunto set my hand and affixed my F' 4�.,y and year in this certificate first above written. AUB Ll-'- •.ti•8 pp; D a lic for daho ` Resi `gat: My Commission Expires: D STATE OF IDAHO, ss. County of Ada ) On this l�A day of l�y1iLLG?�t. , in the year 000, before me, A4 6:-, ra-a , -,a Notary Public personally appeared ROBERT D. ORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City 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. (SEAL) ZAWork\M\Meridian I 'pT i4 Notary ublic for Idaho Residing at: qA�j�1G, Lo • My Commission Expires: Z(o Nu[1 , RZ?gvaterSewerHookupAgmt\SewerWaterOutsideCity.Agmt . AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 8 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) f �H r lk �a i� t STATE OF IDAHO, ) ss. County of Ada ) On this :'<_` day of �� �r a in the year 2000, before me, d ��/� �tJ� �/� , a Notary Publi , personally appeared Randy M Ware and Elizabeth J. Ware, husband and wife, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. +++•tiEEN"N. WITNESS WHEREOF, I have hereunto set my hand and affixed my F' 4�.,y and year in this certificate first above written. AUB Ll-'- •.ti•8 pp; D a lic for daho ` Resi `gat: My Commission Expires: D STATE OF IDAHO, ss. County of Ada ) On this l�A day of l�y1iLLG?�t. , in the year 000, before me, A4 6:-, ra-a , -,a Notary Public personally appeared ROBERT D. ORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City 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. (SEAL) ZAWork\M\Meridian I 'pT i4 Notary ublic for Idaho Residing at: qA�j�1G, Lo • My Commission Expires: Z(o Nu[1 , RZ?gvaterSewerHookupAgmt\SewerWaterOutsideCity.Agmt . AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 8 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) f �H lk �a i� STATE OF IDAHO, ) ss. County of Ada ) On this :'<_` day of �� �r a in the year 2000, before me, d ��/� �tJ� �/� , a Notary Publi , personally appeared Randy M Ware and Elizabeth J. Ware, husband and wife, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. +++•tiEEN"N. WITNESS WHEREOF, I have hereunto set my hand and affixed my F' 4�.,y and year in this certificate first above written. AUB Ll-'- •.ti•8 pp; D a lic for daho ` Resi `gat: My Commission Expires: D STATE OF IDAHO, ss. County of Ada ) On this l�A day of l�y1iLLG?�t. , in the year 000, before me, A4 6:-, ra-a , -,a Notary Public personally appeared ROBERT D. ORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City 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. (SEAL) ZAWork\M\Meridian I 'pT i4 Notary ublic for Idaho Residing at: qA�j�1G, Lo • My Commission Expires: Z(o Nu[1 , RZ?gvaterSewerHookupAgmt\SewerWaterOutsideCity.Agmt . AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 8 of 8 MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS (RANDY WARE) ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 02 02/25 09:57 LEGAL DEPARTMENT 03 02/25 09 58 2088886854 AS OF FEB 25 100 09=59 CITY OF MERIDIAN MODE MIN/SEC PGS CMDtt STATUS EC --S 01'19" 003 160 OK EC --S 01'01" 003 180 OK /444" Au"as PHONE: (10I) W403 FM. t202) M%% February 25, 2000 William G. Berg, Jr. Meridien City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Request for connection to City services Dear Mr. Berg: 1133 C'Att CRf.QC !'O XaW, 0110 � OW We appreciate your timely response to our request for connection to Chy water and sewer. please accept this letter as our formal request for connection to City water and sewer servic The Owner is prepared to enter into an agreement to become anmxed and zoned into the Meridian. We have enclosed a copy of the site plan and plumbing site plan for your review. Please hesitate to call if you have any questions. FEB 25 100 09 50 2082334656 91 25 2000 M RMIAN City of la not 01 i �S :F ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 02 02/25 09:57 LEGAL DEPARTMENT 03 02/25 09 58 2088886854 AS OF FEB 25 100 09=59 CITY OF MERIDIAN MODE MIN/SEC PGS CMDtt STATUS EC --S 01'19" 003 160 OK EC --S 01'01" 003 180 OK /444" Au"as PHONE: (10I) W403 FM. t202) M%% February 25, 2000 William G. Berg, Jr. Meridien City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Request for connection to City services Dear Mr. Berg: 1133 C'Att CRf.QC !'O XaW, 0110 � OW We appreciate your timely response to our request for connection to Chy water and sewer. please accept this letter as our formal request for connection to City water and sewer servic The Owner is prepared to enter into an agreement to become anmxed and zoned into the Meridian. We have enclosed a copy of the site plan and plumbing site plan for your review. Please hesitate to call if you have any questions. FEB 25 100 09 50 2082334656 91 25 2000 M RMIAN City of la not 01 i :F VV X�.,f �W FES -25-00 09:39 AM LYSTRUP/JENSEN ARCHITECS 2082334656 Vu4t,so- Au4*as PHONE: COP) 233-4633 W. 09) 233-4656 February 25, 2000 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Request for connection to City services Dear Mr. Berg: 1133 M GRF.E►C wa pDWF. W, IDAHO 93201 P.01 PXCErVEL) F E B 2 5 2000 CITY OF NIERID We appreciate your timely response to our request for connection to City water and sewer. Please accept this letter as our formal request for connection to City water and sewer services. The Owner is prepared to enter into an agreement to become annexed and zoned into the City of Meridian. We have enclosed a copy of the site plan and plumbing site plan for your review. Please do not hesitate to call if you have any questions. FEB 25 '00 09:50 EN 2082334656 PAGE.01 1 FEB -25-00 09:39 RM LYSTRUP/JENSEN RRCHITECS 2082334656 0 •-.__-.------LOGYSf •ROVE MOAP --- P. 02 FEB 2 5 2000 I FEB 25 '00 09:50 4 t M1�4 2082334656 PAGE.02 �j l� FEB -25-00 09:39 RM LYSTRUP/JENSEN RRCHITECS 2082334656 0 •-.__-.------LOGYSf •ROVE MOAP --- P. 02 FEB 2 5 2000 I FEB 25 '00 09:50 4 t M1�4 2082334656 PAGE.02 £0'3Jdd 9S9b££z80Z 0S:60 00, SZ 933 �UJlP air � i I � Q Jill p •py •nitl AlOt �l\ \ IL 'i tntn4 n.•.i -%L-----s'. 999b£2Z80Z S331IH3NV N3SN3tidnNisA1 W" 65:60 00 -SZ -93d Aa Page Will Berg From: Will Berg [bergw@ci. meridian. id. us] Sent: Thursday, February 24, 2000 8:20 AM To: james lystrup Cc: smithg@ci.meridian.id.us Subject: RE: Connection to Municipal water and sewer. Dear Mr. James Lystrup In follow up to this letter and conversation, I need a written, signed request from the applicant / owner for the hook up to Meridian City water and sewer services as well as a responce from the Meridian City's Public Works Department. As to previous requests, the applicant (yourself) will probably need to enter into an agreement to become annexed and zoned into the City of Meridian. If you have any further questions, contact me at 888-4433 or the Public Works Department at 887-2211. 1 appreciate your cooperation concerning this matter. William G. Berg, Jr. City Clerk ----Original Message— From: james lystrup [mailto:purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4833. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/24/00 Y F I s^ �t ,. Y r Aa Page Will Berg From: Will Berg [bergw@ci. meridian. id. us] Sent: Thursday, February 24, 2000 8:20 AM To: james lystrup Cc: smithg@ci.meridian.id.us Subject: RE: Connection to Municipal water and sewer. Dear Mr. James Lystrup In follow up to this letter and conversation, I need a written, signed request from the applicant / owner for the hook up to Meridian City water and sewer services as well as a responce from the Meridian City's Public Works Department. As to previous requests, the applicant (yourself) will probably need to enter into an agreement to become annexed and zoned into the City of Meridian. If you have any further questions, contact me at 888-4433 or the Public Works Department at 887-2211. 1 appreciate your cooperation concerning this matter. William G. Berg, Jr. City Clerk ----Original Message— From: james lystrup [mailto:purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4833. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/24/00 Pagel of 2 Will Berg To: smithg@ci.meridian.id.us Subject: RE: Connection to Municipal water and sewer. Hi Gary This is all the information that I have to offer you. I was assuming to put this on the City Council agenda for March 7th meeting. If we need to get an application from him before I put it on the agenda let me know. They have been talking to the Fire Department about water source while on construction. Thanks for your input. ME ----Original Message ----- From: smithg@ci.meridian.id.us [mailto:smithg@ci.meridian.id.us] Sent: Wednesday, February 16, 2000 11:36 AM To: bergw@ci.meridian.id.us Subject: RE: Connection to Municipal water and sewer. Will: I agree with your assessment of this request. As you know, it is a decision of the City Council to allow or not to allow this connection. At the very least this property needs to be annexed as a condition of allowing the connection. Unfortunately, we lose the building permit funds and I understand, as a church, it is non -tax property for future revenues, The only other alternative, making them construct on-site water and sewer facilities, most probably would not be approved by the Central District Health Department. What to do, huh? Thanks for the e-mail. Gary. -----Original Message ----- From: bergw@ci.meridian.id.us [mailto:bergw@ci.meridian.id us] Sent: Wednesday, February 16, 2000 10:29 AM To: smithg@ci.meridian.id.us Subject: FW: Connection to Municipal water and sewer. Hi Gary Here is a copy of the message I received today concerning a request for hook up to water and sewer. Again here is a project that we will not receive the permit fees. Thanks for listening. --Original Message ---- From: james lystrup [mailto:purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. 2/23/00 F• x:y J ;. � 3z r Y r,t . s x,. Pagel of 2 Will Berg To: smithg@ci.meridian.id.us Subject: RE: Connection to Municipal water and sewer. Hi Gary This is all the information that I have to offer you. I was assuming to put this on the City Council agenda for March 7th meeting. If we need to get an application from him before I put it on the agenda let me know. They have been talking to the Fire Department about water source while on construction. Thanks for your input. ME ----Original Message ----- From: smithg@ci.meridian.id.us [mailto:smithg@ci.meridian.id.us] Sent: Wednesday, February 16, 2000 11:36 AM To: bergw@ci.meridian.id.us Subject: RE: Connection to Municipal water and sewer. Will: I agree with your assessment of this request. As you know, it is a decision of the City Council to allow or not to allow this connection. At the very least this property needs to be annexed as a condition of allowing the connection. Unfortunately, we lose the building permit funds and I understand, as a church, it is non -tax property for future revenues, The only other alternative, making them construct on-site water and sewer facilities, most probably would not be approved by the Central District Health Department. What to do, huh? Thanks for the e-mail. Gary. -----Original Message ----- From: bergw@ci.meridian.id.us [mailto:bergw@ci.meridian.id us] Sent: Wednesday, February 16, 2000 10:29 AM To: smithg@ci.meridian.id.us Subject: FW: Connection to Municipal water and sewer. Hi Gary Here is a copy of the message I received today concerning a request for hook up to water and sewer. Again here is a project that we will not receive the permit fees. Thanks for listening. --Original Message ---- From: james lystrup [mailto:purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. 2/23/00 �u Page 2 of 2 We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/23/00 s Im Page 2 of 2 We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/23/00 Im Ne 4 Page 2 of 2 We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/23/00 Im 4 Page 1 of 2 Will Berg From: smithg@ci.meridian. id. us Sent: Wednesday, February 16, 200011:36 AM To: bergw@ci.meridian.id.us Subject: RE: Connection to Municipal water and sewer. Will: I agree with your assessment of this request. As you know, it is a decision of the City Council to allow or not to allow this connection. At the very least this property needs to be annexed as a condition of allowing the connection. Unfortunately, we lose the building permit funds and I understand, as a church, it is non -tax property for future revenues. The only other altemative, making them construct on-site water and sewer facilities, most probably would not be approved by the Central District Health Department. What to do, huh? Thanks for the e-mail. Gary. -----Original Message ----- From: bergw@ci.meridian.id.us[mailto:bergw@ci.meridian.id.us] Sent: Wednesday, February 16, 2000 10:29 AM To: smithg@ci.meridian.idus Subject: FW: Connection to Municipal water and sewer. Hi Gary Here is a copy of the message I received today conceming a request for hook up to water and sewer. Again here is a project that we will not receive the permit fees. Thanks for listening. Awll -----Original Message ----- From: james lystrup [mailto:purtsyl@mstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject: Connection to Municipal water and sewer. Dear Mr. Berg, I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We Relieve the Owner will be in favor of this action. We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, 2/23/00 f '~ 4iy�4 i w`j; 3r`tii P James K. Lystrup, Architect Page 2 of 2 tG A a E ! N gra Y F� • b R ;Y 2 tf 2, T {may S �i r XX;, ! Page 1 of 2 Will Berg From: james lystrup [purtsyl@mstar2.net] Sent: Thursday, February 24, 2000 8:01 PM To: Will Berg Subject: Re: Connection to Municipal water and sewer Dear Mr. Berg, I appreciate your help in this matter. We will visit with the Owner and get the gears in motion. I will be attending the City Council meeting on the 7th of March if the Council should have any questions regarding this request. Thank You Again, James Lystrup --- Original Message — From: WIII Berg To: fames Iystrup Cc: smithg@ci.meridian.id.us Sent: Thursday, February 24, 2000 7:19 AM Subject: RE: Connection to Municipal water and sewer. Dear Mr. James Lystrup In follow up to this letter and conversation, I need a written, signed request from the applicant / owner for the hook up to Meridian City water and sewer services as well as a responce from the Meridian City's Public Works Department. As to previous requests, the applicant (yourself) will probably need to enter into an agreement to become annexed and zoned into the City of Meridian. If you have any further questions, contact me at 888-4433 or the Public Works Department at 887-2211. 1 appreciate your cooperation concerning this matter. William G. Berg, Jr. City Clerk -----Original Message ----- From: james lystrup [mailto:purtsyl@nstar2.net] Sent: Wednesday, February 16, 2000 7:02 AM To: bergw@ci.meridian.id.us Cc: clintonr@ci.meridian.id.us Subject, Connection to Municipal water and sewer. Dear Mr. Berg, I am writing in behalf of the LDS Church. We are currently in the process of preparing to construct a new meetinghouse South of Overland and East of Locust Grove. The project is currently in Ada County's jurisdiction, however we are requesting to connect to City services. We understand the connection in all likelihood is contingent upon annexation of the parcel. We believe the Owner will be in favor of this action. We understand the utility plans will be reviewed by Meridian Public Works. Documents are now in the possession of Public Works. Please carry our request for connection forward to the City Council. If you have any questions, please call 2/25/00 rt 14,0 $ ^ f ,a^ i�k 3'. Y fir OR NE6 cE 'aM1 k t at ` AM, k � � 208-233-4633. Your help in this important matter is greatly appreciated. Thank You, James K. Lystrup, Architect 2/25/00 Page ;r gv V44 ;, 4 Will Berg From: smithg@ci.meridian.id.us Sent: Thursday, February 24, 2000 2:11 PM To: Will Berg' Subject: Locust Grove LDS Church a� .;: n yS! Will Berg From: smithg@ci.meridian.id.us Sent: Thursday, February 24, 2000 2:11 PM To: Will Berg' Subject: Locust Grove LDS Church a� C E -f xz . . Will Berg From: smithg@ci.meridian.id.us Sent: Thursday, February 24, 2000 2:11 PM To: Will Berg' Subject: Locust Grove LDS Church Will: The following is offered in response to the request you received from Mr. James K. Lystrup for this church building to connect to city water and sewer. As you know, since this property is presently outside the city limits, the approval for this request must come from the City Council. I think that Mr. Lystrup's letter (e-mail) request for this approval needs to be accompanied by a site plan of the proposed church so that the City Council can see where it is and what is involved. In the past, we have required the property owner to enter into an agreement with the City for this service, and a part of this agreement requires that the owner begin the annexation process for the property. Because this project seems to be on a "fast track," it would probably be appropriate to require, in the agreement, the completion of the annexation process prior to us setting a water meter. With this requirement we should be able to insure that installation of the sewer and water service lines, with their connections, are done in accordance with our Standard Specifications. Please pass these comments on to Mayor and City Council and to Mr. Lystrup. Regards, Gary Smith 1 ppva� # n b 06 i E -f xz . . t ADA COUNTY HIGHWAY KARL JEPPESEN,PRESIDENT LEON FAIRBANKS, VICE PRESIDENT MICHAEL WARDLE, SECRETARY Verl Robers Roberts Construction, Inc. 306 West Pine Avenue Meridian, Idaho 83642 Dear Mr. Roberts: May 8, 1980 llyl DISTRICT 318 E. 37TH STREET BOISE, IDAHO 83704 PH ON E: 384-8838 RE: Street improvements on West Fourth, Street - Roberts Conditional Use Permit at West Fourth Street and Cherry Lane in Meridian Section 12; T.M., R.1W. After consideration of your request to install curb gutter and side- walk now, and pave at some future date when Mr. Cherry plans to pave the East one half of West Fourth Street, we feel that you should pave one half plus 12' of West Fourth Street now. The Developer to the East has indicated he is delaying the development and thus, will not provide the West Fourth Street improvements. However, if you were to bond the one half plus 12' improvement costs, — we could possibly grant the request. If Mr. Cherry were to pay for the 12' — East of centerline, you could improve the one half plus 12' along the West -- Fourth Street frontage. Sincerely, Keith L. Jacobs, Jr., E.I.T. Design -Review Engineer cc: Ron Cotterman �-4q0':;2 0 Meridian City Planning & Zoning File KLJ:jl 7®'rD-79 Council 7-16-79 P&Z 3-13-79 Counc'i,l 8-`r-79 Vit, '-"5�'L�"�l�d'''�-.���'�'�•�� `� �_��..��''.,:a �o Meridian Post Office: No Comment. 401, T"'. e a,",.nnsa 2. Joseph Glaisyer: I do not recommend as this endures strip commercial. 3. Nampa -(Meridian Irrigation:' The developer will need to get approval for a drainage plan from this District. 4., Fire Department: Any remodeling has to be done according to Codes, Standards, etc., of the City of Meridian. 5. Richard.Williams:l) Do not recommend approval at this time. Would like to wait until ordinances complete 2) Applicant sold right of way to AND for a price 3) If Office only, would first like a plot plan etc. In other words, want to know if a firm plan exists or are they merely speculating 6. Central District Health: Approve this proposal for Central sewage and Central Water. Plans for community sewage and central water must be submitted & approved by Regional H&W Environmental Services Street runoff is not. -to create a mosquito breeding problem. P; Denied Rezone 7,9•-79 Recommended Conditional Use. CONDITIONAL USE 1. Richard Williams: Plans should be submitted before approval. I will wait on my recommendation until then. Approval without any formal plans would not be in the best interests of the City. Council DENIED Rezone 7-16-79.. P&Z. recommended approval, subject to access off of 4th St., half of 4th St. improvement, and 15 Foot variance, with Design Review. 10-13-79 Council APPROVED, subject to access off of 4th St.; half of 4th St. Improvement; and 151 variance with Design Review. 3-29-79 0 a Bob Mitich was representing. Plans were prese-tec.and discussed. Mitich stated that the people along the Forth did not want anything (shrubs). Williams pointed out this proposal was approved for storage only, ;dire Chief, Welker, stated that fire hydrant placement must be 50' _.,fit the back and siould have been marked on the plan. He stated he had gone over this with Hudson. Plans should snow the complete story. The Motion was made by Kingsford and seconded by Bodine that Hudson- Mitich #2 Design Review he approved, subject to the Fire Chief's recommendations and with the provision that three accesses be allowed on Linder. I;' Motion Carried:" Williams, yea; Bodine, yea; Kir. sford, yea; Brewer, yea. Meridian City Hall August 20, 1979 Meeting called to order by Mayor Glais er at 7:35 P.M. Councilmen present: Richard Williams; Marvin Bodine; Grant Kingsford; ' Bill Brewer. M Others present: Vern Schoen; Frank E. Marcum; Earl Ward; Max A. Boesiger; �y Vert Roberts; Arvad Roberts; Bob Mitich; Mike Preston; Bruce Stuart; Butch Koorman; J'ary Smith; Solveig Davis; Katie Kartchner; Dean W. Briggs; Joe Waite; Jack Niemann; ' Tom Linville. The Minutes of the previous meeting were approved as read. r Agenda �;? 1 Federal Revenue Sharing Hearing was opened for the public by the Mayor. �Ey There was no comment fro:;, the public and hearing was closed. pN 9 I +, Agenda 2 Roberts Conditional Use Permit - located 403 W. Cherry Lane. +�a Verl Roberts was resent, representing. Drawings of the proposal were p 9• P , displayed. Roberts stated as yet there is no tenant and they are presenting the plan as remodeling the existing house into an office building or tearing down and building a new building if they obtain a permanent tenant, whichever first: A There was discussion on parking and closing access off of Cherry Lane. The Motion was made by Williams and seconded by Brewer that the Conditional Use Permit for Roberts located at 403 W. Cherry Lane be accepted, subject to access on 4th St.; half of 4th St. Improvement; and 15 foot variance. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Agenda 3 Hudson-Mitich #2 Design Review a Bob Mitich was representing. Plans were prese-tec.and discussed. Mitich stated that the people along the Forth did not want anything (shrubs). Williams pointed out this proposal was approved for storage only, ;dire Chief, Welker, stated that fire hydrant placement must be 50' _.,fit the back and siould have been marked on the plan. He stated he had gone over this with Hudson. Plans should snow the complete story. The Motion was made by Kingsford and seconded by Bodine that Hudson- Mitich #2 Design Review he approved, subject to the Fire Chief's recommendations and with the provision that three accesses be allowed on Linder. I;' Motion Carried:" Williams, yea; Bodine, yea; Kir. sford, yea; Brewer, yea. p „Meridian City Hall 2. March 19, 1979 a; Agenda North West Pillow (Cont'd) Mayor Storey stated that this leads to buildings not.being remodeled, + Provisions in the law allowing exemptions were outlined, a Crookston continued, and stated that there is some latitude given to the(.people who enforce the Code and ultimately the City Council has latitude. k Glaisyer inquired from Schoen if these corrections meet the spirit of the law.. Schoen stated their use is not permitted in Fire Zone 1, There will have to be a variance from the Fire Zone. Second, there are too many other Code violations. The Mayor stated that this would discourage remodeling and the building in question should be used productively. The Motion was made by Glaisyer and seconded by Williams that the request for a variance from the Codes for North West Pillow be denied. % Motion Carried: Williams, yea; Glaisyer, yea; Kingsford, yea Agenda 4 Cherry Lane Conditional Use Permit for an office Complex Cecil and Kim Cherry were present representing the request. Kim Cherry outlined their proosal, They are requesting a Conditional Use Permit for a seven (7) building compM— Planning and Zoning has recommended approval, contingent on traffic study and design review, C Cherry outlined information obtained from ACHP. Williams stated that he wanted to see 4th Street developed across the property to ACHO Standards, He outlined the situation and stated property to the south will have to continue the road when they devei op, Storey stated that those living on the west previously requested that the road not be completed. o Glaisyer stated that he felt it needed rezoned, Storey stated that it would take about eight (B) weeks, A Conditional Use Permit for the Complex was discussed. Williams stated that this is similar to the Leishman ContiM onal Use Permit, It is more restrictive because it specifies what can go in there. If they have'Commercial it would open it up, Light Commercial was discussed. , Alternative types of zoning were discussed, Parking was outlined, .. The Motion was made by Glaisyer and seconded by.Will.i-ams to approve a Conditional Use Permit until theproperty can be rezoned, for a office Complex in the LDS Annex- ation on West Cherry cane between West 3rd and West 4th with design review. Motion Carried; Williamsp yea; Glaisyer, yea; Kingsford, yea K. Cherry inquired if the study requirements of Planning and zoning have been met, Williams stated that Planning and Zoning requirements must be met, Agenda ReverendPete Michaelson representing the Optimist Club was present and requested 5 the City Council pass a proclamation designating May 1 through May 7 as "Law Enforcement Week". This is supported by the Optimist International, He explained the request. JiLaw Enforcement Week Proclamation �! WHEREAS, crime and its effect upon the lives and property of our citizens continues undiminished, despite efforts by government, citizens organizations and many individuals, and 1 LA Meridian City Hall i No Waste Water Superintendent, Ward stated that something should be put in the covenants covering those lots if there is only one hookup, that the owners of each be liable to another clean out at the j property line. r Olmstead stated that the developers would draw up a Common'Wall n agreement, common sewer line agreemnt, and the necessary easement to serve both units. Gary Smith questioned selling a townhouse. Glaisyer stated by Metes and bounds and Common Wall agreement. Y: Stuart, Works Superintendent, stated that Chateau would have to be P dug up and pavement is brand new. ,fi Williams stated that he would rather see a single type dwelling'on Lot 1 of Block 1. , Iv The Motion was made by Williams and seconded by Brewer t4 allow Glerinfield Manor #1 Block 2, Lots 1 through 6 to be split and. sold as townhouse lots. Motion Carried: Williams, yea; Kingsford, yea;"Bodine, year; Brewp'r, yea_, Gary Smith stated that Linder Rd. is 80 -foot right-of-way and questioned fronting. k Olmstead stated Ada County Highway Department permits them to face • x lots on Linder with circular drive. F Agenda 13 Glennfield Manor #2 Final Plat - Located Linder, north of Cherry Lane Olmstead representing, presented a red -lined map showing the lot splits" ts that they will eventually come to the Council, requesting, as they just, did for Glennfield Manor #1. } Williams cautioned that there has been no change in the naming of T' streets for the City of Meridian. Numbered Streets run north and south, named Avenues run east and West, Olmstead stated that a storm drain has been put in the street along the.south side of the school site. Also, the lots fronting Linder will be hooked. op, for',' ;4 individual ownership right now, rather than come in at a later date. No other comments. The Motion was made by Kingsford and seconded by Brewer that Glennfield'Manor"#2 Final Plat be approved and allow split duplex lots to be acceptable as duplex 7 townhouses subject to City Engineer review; and circular drives `on frontage lots on Linder Road. } Motion Carried: Williams,ea; Kingsford, Y 9 yea; Bodine, yeas; Brewer, � 3 Agenda 14 Cecil Cherry and Sons Office Complex - Design Review - Located on;.Cherry LaneLDS Annexation x, 43 711. Kim and Cecil Cherry were present submitting fina building of the complex. Kim stated that they needed a 17 foot'variancl drawings -for third office i set- Kim et: r back on Cherry Lane_ One-half of West 4th will be completed and, paved `f Building will be all masonry, white brick veneer panel, and landscaped,} tit.rt` h ; Fire Chief pointed out placement of fire hydrant, The Work's S4perintenden�t >� objected to the placement of one that the Fire Dept. recommended because i€ placed there the City would have to maintain it. Chief Welker agreed with fire hydrant placement. He did not agree with 20;oot access. Buildings were not sprinkled and drive could not be blocked. ,Jb Cherry stated that they will have fire walls. 1 'y There was much discussion to improve access. The fire truck needs 45'100t' " ^; turn or swing radius. ,,Cecil Cherry attempted to conv i me the (bung l l there W0410 b4 44"YOP �Ktc#b§ ' ways for the fire truck. 1 ff 3 P 'E7 4, S, ; N""; a Meridian Cit Hall ,g, -_ y y dune`18,a'979 Agenda Cherry & Sons Cont' d 14 �sr There was discussion of right-of-way passageway. Wastewater Sup't. Ward questioned private lines, which Mrectioo'should tile�F 4 .g . have service connection. There was discussions S ql 4 •. I i• Mr b r The Motion was made by Kingsford and seconded by Williams to accept"+Cherry and' Sons Office Complex design review subject to 26 foot right-of-why-pa ag wa a��'I driveway portion for a fire truck. r t Motion Carried: Williams, yea; Bodine, yea; Brewer, yea,,:."' sford� yea° k Agenda 'AND: The Mayor read Ordinance Number 343 entitled: AN ORDINANCE ANNEXING AND ZONING , s CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: THAT PORTION OF'THE SE;'1/4 .. of SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA 'COUNTYy: IDAHO s k?, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 25 FEET WEST OF THE EAST QUARTER CORNER OF SAID SECTION 11; THENCE WEST ALONG THE NORTHERLY BOUNDARY'OF:,'IHE SE 1/4 380 FEET; THENCE SOUTH 283 FEET TO THE REAL POINt- OF-BEGTNN�NG,"THENCE:' WEST 306.2 FEET; THENCE SOUTH 698.21 FEET MORE OR LESS TO THE-RICHT-OF-WAY, OF THE OREGON SHORT LINE RAILROAD; THENCE EAST ALONG SAID RIGHT;-OF-WAY A: i. DISTANCE OF 306.2 FEET; THENCE NORTH 692.95 FEET, MORE OR LASS 't.TO THE.,REAL Nk` POINT OF BEGINNING, TO THE CITY OF MERIDIAN, WHICH PROPERTY'IS`ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. " The Motion was made by Williams and seconded by Bodine that the", rules and provisions of 50-9002 and all rules and provisions requiring that; Ordinances be read on three different days be dispensed with and that Ordinance.Plumber'343 w as read be passed and approved. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Bgen�,'yea'_. The Mayor read Ordinance Number 344 entitled: AN ORDINANCE AMENDING TITL CHAPTER 1, WATER SYSTEM BY AMENDING THE WATER HOOKUP FEE FOR."A" RESIDENTIAL ZONE CLASSIFICATION BY AMENDING SECTION 5-119, AND AMENDING SECTION 5- l31. AND PROVIDING AN EFFECTIVE DATE. M, The Motion was made by Williams and seconded by Bodine that the rmos and i provisions of°50-9002 and all rules and provisions requiring that Ordinances � be read on three different days be dispensed with and that Otdinance:N6m5;er..344 as read be passed and approved. y The Mayor read Ordinance Number 345 entitled: AN ORDINANCE AMENDING 'ITL.E. ,2, , '- CHAPTER 4, of the REVISED AND COMPILED ORDINANCES OF THE CITY QF MERIbiAN'; i KNOWN AS ZONING BY ADDING THERETO CERTAIN ADMINISTRATIVE FEES; AND:.AMENDING TITLE 9, CHAPTER 6, KNOWN AS SUBDIVISIONS, BY THE ADDITION THERETO OE CERTAIN'; ADMINISTRATIVE FEES; AND PROVIDING AN EFFECTIVE DATE. Motion Carried: Williams, yea; Brewer, yea; Kingsford,Badine,;;yea;R r. The Motion was made by Bodine and seconded by Kingsford that the,ruies and provisions of 50-9002 and all rules and provisions requiring that Ordipances be read on three different days be dispensed with and that OrdinanceNUmber 345 a. 4 -' 4 as read be passed and approved. Motion Carried: Williams, yea; Kingsford, yea; Bodine, yed; Brewerti ;ypa '* S "genda DEPARTMENT REPORTS: 16E Schoen inquired aboutissuance of Building permit for Wpast Jr :Restaurant Crookston Jr. stated that the Ordinance granting Re-zone, would ;have ,to be`: t, published first. The Board of Appraisers were discussed. Stuart stated that th Board cons$5S 1. + i of Commissioner of Water and Sewer, City Clerk and City Enginel4r,i Kingsford stated that he and the Fire Chief want to meet with the Mural A rz s Commissioners. The meeting was set for Monday, June 25th at 1--, Ao►. >. Chief Sherwin asked opinion for QRU people ridin in police v6 isles. y Attorney Crookston Jr. felt than thoy ,o4uld b� �it.� rw��1o.�/eet� Kingsford asked that the question be tabled and researched. tVa . F A , V i NOTICE OF PUBLIC BEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing before the City Council of the City of Meridian will be held at the City Hall in the City of Meridian, at the hour of 7:30 P.M., on March 19, 1979, for the purpose of issuing a Conditional Use Permit to Cecil Cherry and Sons, on the following described real property: A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 12, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the NE corner of the said NE 1/4 of the NE 1/4 of Section 12; thence North 89026146" West 1232.70 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 12, which is also the centerline of Cherry Lane, to a point which bears South 89°26146" East 1422.25 feet from the NW corner of the said NE 1/4 of Section 12; thence South 0°25'49" West 45.00 feet to an iron pin marking the intersection of the Southerly right-of-way line of the said Cherry Lane and the Easterly right-of-way line of West 4th Street, also said point being the REAL POINT OF BEGINNING; thence continuing South 0°25149" West 250.00 feet along the said Easterly right-of-way line of West 4th Street to an iron pin; thence South 89°26146" East 300.00 feet along a line 295.00 feet Southerly of and parallel to the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 12 to an iron pin; thence North 0025149" East 250.00 feet along a line 300.00 feet Easterly of and parallel to the said Easterly boundary of West 4th Street to an iron pin on the said Southerly right-of-way line of Cherry Lane; thence North 89026146" West 300.00 feet along the said Southerly right-of-way line of Cherry Lane to the point of beginning, comprising 1.72 acres, more or less. for an office complex. Any and all interested parties shall be heard at the above scheduled hearing. DATED This 20th day of February, 1979. C ty 1erk AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83842 TELEPHONE 888-4481 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing before the Planning & Zoning Commission will be held at the City Hall in the City of Meridian, at the hour of 8:00 P.M., on Monday, February 12, 1979, for the purpose of issuing a Conditional Use Permit to Cecil Cherry and Sons, on the follow- ing described real property: A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 12, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the NE corner of the said NE 1/4 of the NE 1/4 of Section 12; thence North 89°26146" West 1232.70 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 12, which is also the centerline of Cherry Lane, to a point which bears South 89026146" East 1422.25 feet from the NW corner of the said NE 1/4 of Section 12; thence South 0025149" West 45.00 feet to an iron pin marking the intersection of the Southerly right-of-way line of the said Cherry Lane and the Easterly right-of-way line of West 4th Street, also said point being the REAL POINT OF BEGINNING; thence continuing South 0025149" West 250.00 feet along the said Easterly right-of-way line of West 4th Street to an iron pin; thence South 89026146" East 300.00 feet along a line 295.00 feet Southerly of and parallel to the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 12 to an iron pin; thence North 0025149" East 250.00 feet along a line 300.00 feet Easterly of and parallel to the said Easterly boundary of West 4th Street to an iron pin on the said Southerly right-of-way line of Cherry Lane; thence North 89026146" West 300.00 feet along the said Southerly right-of-way line of Cherry Lane to the point of beginning, comprising 1.72 acres, more or less. for an office complex. Any and all interested parties shall be heard at the above scheduled hearing. DATED This 17th day of January, 1979. f a Clerk AMBROSE. FITZ.GERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83842 TELEPHONE 888-4481 Meridian Plannine & ZoninQ Commission M Agenda 5 (Cont'd) Golf Course Club I -louse, Con,d't Use............ March 8, 1982 Hinrichs: Are there any comments from the Public regardina this Conditional Use?" There was no response. "Hearing is now closed' cc The Motion was made by Lee Mitchell and seconded by Tom Eddy that the Commission recommend to the City Council approval of the Conditional Use Permit for a temporary club house, Wallace Lovan dba Cherry Lane Recreation, Inc., and that they allow the variances from City Ordinances as needed; and that the conditions as requested in the letter dated March 8, 1982 from Cherry Lane Village Homeowners Association that the permit be limited in time until the second nine holes and utilities and road are available at the designated planned club house area." Motion Carried: Sharp, yea; Spencer, yea; Mithcell, yea; Eddy, yea Agenda 6 Ted Hepper - Input Regarding Retirement Units Ted Hepper presented vicinity map designating zoning and a concept plan. Hepper stated that the lot is presently zoned for multiple units - the south 40 feet is zoned Commercial. Hepper: "This is not a Nursing Home - it is for th., elderly people to stay before they go into a nursing home. They need help - the„ need somebody to do their cooking, their laundry." This is just one home, one level, six bedroom, not to exceed nine people. "We do have State Codes but when there is more than nine people it's a different category." Mitchell: "They are putting these in residential areas." Hepper read from the Restrictive and Protective Covenants pertaining this lot. Tedi Subdivision: 2. All other lots are to residential or to be used for multiple units by combining several lots or portion of lots; not to exceed more than 2 stories in height or more than 8 multiple units per building." It was.the feeling of the Co!�i!nission that this would be in a location where this would not cause a disturbance. There was discussion concerning .he demand for such units. Each Commission member stated that they do not have any particular problem with this proposal. Agenda 7 Cecil Cherry and Son - Input Regarding Laundromat Kim Cherry spoke to the Planning & Zoning Commission requesting input as to their feeling toward placement of a laundromat in the Cherry business complex located 309 West Cherry Lane. Cherry stated that the present zoning is limited office with a Conditional Use, one office spaceoin the middle of the building is vacant, that they have exhausted ways to lees e this. They have done considerable research and are very serious with outting cc laundromat with the intent of keeoing attractive. Eventually they do plan on cornplet'ng the approved profes•_'crnal co-nplex. They had talked with the people around this area and they felt it was ideally located, that there is adequate parking. Cherry stated It -.h -':s laundromat would be , first class as they intend to keep their business complex a first class area. Sharp was concerned about the "retail tyre" traffic and felt he would have a hard time voting in favor of the laundromat of locating anywhere but a shopping center. Cecil Cherry used the laundromat in "Nampa and aL a similar business complex as an example and stated that a doctor or beauty shop has a much and sometimes more parking spaces and traffic than the laundromat. He had not had any problems with the laundromat during the several years it's been there. Lee Mitchell went on record as having no objection to the laundromat. Bob Spencer felt they would have a harder selling professional offices with a laundromat in there. Cherry disagreed, stating that tennants would prefer have the office next door occupied rather than vacant - no matter what. This would be a controlled, managed situation and to the approval of all tennants. Hinrichs pointed out Conditional Uses are subje,:'. to review on a annual basis. .3 0 aenda 4 (Cont'd) Water/Sewer/Trash Delinquencies ................ h 1 , 1982 responsibility does stop at the meter. We will probably be able to tell you if it is .leaking as those are some of the tests that Bruce can run. If it was leaking ' beyond the meter it wouldn't show on your bill." A meeting was set for the next day and Orton asked that this particular bill be held back until further investigation.: Ma or G1 ' y ':aisyer: "1s there anyone else in the audience that wishes to contest their !. water sewer and trash billing?" There was no response. Mayor Glaisyer: "Due to their failure to -pay their water bill or to present any valid T .-reason why.the bill has not been paid, their water shall be turned off on March 4th, 1982. In order ,to'have their water turned back on, there will be an additional fee l " of $10.00.< They are hereby informed that they may appeal or have the decision of the City reviewed by,ghe Fourth Judicial District Court, pursuant to Idaho Code. -Even though_ they appeal, the water will be shut off." Agenda 5 Community Block Grant (,HUD) - Sewer Rehabilitation Project F City Engineer Gary Smith: "On the 22nd of February, there was a bid opening held at �, the City Hall for the 1982 Residential Wastewater Rehabilitation. There were eight � (8) bidders, seven (7)'were responsive. One was not responsive as one of the papers ' was not.signed.The low bid was submitted by Nays Construction of Nampa for the total bi_d`of $25,555.00, for fifty-three (53) service line replacements. All of Mr. Nay's requirements were in order. I checked the licensing division of the Public Work's and he is .a "Triple A" contractor. J -U -B Engineers Inc. has had experience with the gentlemen who will act as his superintendent on this job on ',several other jobs,, and he has reported that Nay's has done a very good job on the work he has done.; I spoke with Nays and he has indicated if he was awarded the contract tonight it would be the first of next week that he would be starting project. on the ro'ect. It would take him'' that. long to get .his performance and payment bonds back to the City. City Engineer,Smith read the following bids to the public: 1, Nay's Construction Co. - Nampa $25,555.00 2. Rogers P1_ubing - Nampa 32,787.00 3. James,Paul Backhoe Service - Meridian 43,000.00 4. Stamper Construction - Kuna 46,800.00 5. L.S.R. Construction - Boise 49,704.00 6. Horizon Corporation - Idaho Falls 51,000.00 7. Harvey's Excavation - Kuna 57,025.20 8. The U -Save Company - Boise No„ -Responsive Smith stated that Mr. Nays had indicated that he had no problems with his bid and he irecommended that the Contract be awarded to NAYS CONSTRUCTION for $25,555.00 The, Motion was made by Orton and seconded by Brewer that the Council award the low responsive bidder,Nay's _,Construction Company, the construction of the residential seriline rehabilitation project, HUD Grant Number B -81 -DN -16-0001, and authorize liayor;G.laisyer,to sign the documentation necessary. Motion Carried: Brewer, yea; Orton, yea; Kingsford, yea; Tolsma, yea Agenda Bi 1:1 ',s ,were read. l � 1. The Motion was made"by,Kingsford and seconded by Tolsma to approve the bills. Mot�n Carried: Orton,ea; Brewer, y yea; Kingsford, yea; Tolsma, yea Agenda ceciI Cherry and Son - Input Kim Cherry"spoke i,n>behalf of Cecil Cherry and Sons for consideration of making some'changes.in their office building located at 309 Cherry Lane. Cherry stated they are zoned Res dential with a Conditional Use -Limited Office and wish to propose putting a coin,,�operated;laundry service in this building. Basically they are a suggesting a small; operation but a very good one. Cherry stated he was aware of the 4. Meridian City Hall , March 1, 1982 Agenda 7 (Cont'd) Cherry & Sons—,, ........ required changes and additional service charges and would work closely with the ' City -,Departments. Cherryquestioned the feeling of the Council. Councilman Brewer felt it may tend to take away from the professional attitude of the complex and then complimented the Cherry's on the job they had done completing t6ie'r building. He felt it may be more up to the tennants than the Council. Kim Cherry stated they,had researched several and had seen many examples where it could be negative ifnot handled right but they are aware of these problems and will be.maintaining this themselves. They..could always convert back and their hope is to still develop the remainder of that property. They have a need to put this building on'a self-sustai.ni.ng level. They felt if the Washteria was put in and properly maintained, this would,be a successful location being near to the mobile home parks. Councilman Kingsford expressed concern that it might distract from the atmosphere of the'complex since this does'not have any retail area surrounding it. Cherry stated they,had'`a need to utilize the building and felt the outcome would be ? good and clean - and be -a self-supporting situation. Councilman .Brewer �recommended that Cherry and Sons go before the Meridian Planning and .Zoning and work. out the details and that the Council receive their recommendation. He stated that the Cluncil has been trying.very hard to work with these people. Councilman Kingsford stated that he would prefer that this area remain as a Limited Office.and shouldrequirea Conditional Use Permit rather than be zoned to allow it. Cherry stated. that they prefer to have a Conditional Permit so that the area would be maintained with control and protection in that area. There was discussion concerning the lease agreements, transition back to office space. Tape . on fi l.e Kim ,Cherry stated that they would-be talking to Planning and Zoning and thanked the Council, Agenda. DEPARTMENT REPORTS: Attorney WayneCrookston reported that the Open Meeting Bill SB,!1304, sponsored by Attorney,General, Dave. Leroy, provides a $100 fine for officials who intentionally v1olate_the open meeting law. He had not read indepth as they have amendments. This„fine would apply to anybody that "moved” into Executive session. Voting No to movement into Executive Session would exempt from fine. There must be a lawful reason fo'r'going into 'Executive Session. Lawful reason remains Personnel, Pending Litigatio.n.- Crookston did not recall the remaining reasons. ,`.Councilman Kingsford requested that Attorney Crookston inform the Council of the Attorney General's opinion as to what constitutes a "Secret Meeting" etc. Agenda Minutes of the"Special Meeting held January 25, 1982 The Motion wasmade'by Kingsford and seconded by Orton that the minutes of the Sp Ia.l 'Mee'tin-9, held.,January -25, 1982 be approved in coordination and referring to the recordeo tape on,file and with recognition that the City Clerk was not present tc recolrd* the,-. mi notes: r A ;MOX4on,:C�rried:. Kingsford, yea; Tolsma, yea; Tolsma, yea; Brewer, yea ihere`o'eing-no''o'ther business to come before the Council, the Motion was made by x Kingsford ;and seconded by Orton that the meeting be adjourned at 8:10 P.M. Motion Carried: Tolsma, yea; Kingsford, yea; Orton, yea; Brewer, yea Meeting Adjourned.; ,Attest: Mayor Joseph L. G aisyer City Clerk: Meridian Planning and. Zonin .3. June 14, 1 TeW6bury stated he thought this would leave too big of an opening, he would like to review the street again. There was discussion concerning recommending to City Council for special attention. The street seemed to be the only objection. The Motion was made by Hinrichs and seconded by Tewksbury to recommend Arnie Subdivision Preliminary Plat to City Council subject to special attention toward resolution of the street plan to be approved of all Department Heads; recreational easement be put into covenants. Mitchell stated that he does not approve of lot sizes. Motion Carried: Hinrichs, yea; Tewksbury, yea; Mitchell, nom. Messick stated they would put recreational easements into the covenants. Agenda 7 Glennfield Manor #2 Final Plat - Located on Linder, north of Cherry Lane. Marilyn Olmstead, J -U -B Engineer, was present, representing Glennfield Manor #2 Final Plat Nu -Pacific. Olmstead stated there is a total of 78 lots, lot 57 is an access into -the school,so actually there are 77 building lots. Lots per acre is 3.9, density is 4.0. Sandlewood Dr. has been left at 66 feet. Street names are approved. Depending on irrigation, there will probably be a total of four (4) phases. The Motion was made by Mitchell and seconded by Tewksbury that they recommend approval of Glennfield Manor #2 Final Plat to City Council, subject to approval of all Department Heads, and City Standards. Motion Carried: All yea. Tewksbury questioned N.W. 20th being numbered and not named. Olmstead stated this would be brought to the City Council's attention. The question is whether the Council wants names or numbers on streets. Agenda' 8 Cecil Cherry & Sons Office Complex Design Review - Located in the LDS Annexation Kim Cherry was present, representing Design Review of Office Complex. Cherry displayed the design of building and stated they had revised building 5, 6 and 7. They are taking out Building 6 and opening that area up. The concern tonight was Building 3, which is Phase I of the entire project, located on the N.E. corner of lot. He described the building as block with brick veneer and a truss system roof. Cherry requested a variance of the clearance on Cherry Lane. According to Meridian Zoning Ordinance, the requirement is 45 feet from center line of Cherry Lane for construction. This would result in a 17 foot set -back from property line, when allowing the 5 foot easement Cherry Lane Improvement. They are requesting that they be allowed to go 12 feet from the existing property line which is the outside edge of the construction easement. All of the Complex opens from the back of the street, no openings from the front. This eliminated any traffic coming into the front of the building. The sidewalk, curb and gutter will be put in with the Federal Project, it is not known yet when this project will be funded. Cherry stated they request that sidewalks, curb and gutter be out in at time of occupancy permit, whether Federal or County. Hinrichs questioned if they are definitely going to put the sidewalk in. Cherry stated yes, the biggest problem now is knowing what way the Cherry Lane Road project is going to go. Cherry requested that they be allowed to proceed after the construction of this building on the basis that all of the exterior grading and all the other things will be settled before occupancy. Landscaping was discussed and Cherry stated it would be low -line landscaping, keeping with design of white brick design. He stated the Fire Department's concern was the width of the accesses into the property. Cherry & Sons would like to maintain the 20 foot private access and also on 3rd St. west this has been vacated. There are three accesses into the property and the Fire Department would have full access off of W. 4th., Meridian Planning and Zoning .4. June 14, 1979 Water and Sewer was discussed. Sewer comes off of North side of Cherry Lane, water from W. 4th. Fire hydrants will be located to satisfy Fire Department and Water Works. Th.e Motion was made by Hinrichs and seconded by Tewksbury that they recommend to City Council that Cherry & Sons Office Complex Design Review be approved,with the stipulation that there be landscaping; with completion of one half of W. 4th St. sidewalk, and recommend variance set -back of 17 feet. Motion Carried: Hinrichs, yea; Tewksbury, yea; Mitchell, Abstain. Agenda 9 2 Lots Herby Subdivision - Custom Builders Preliminary Plat - Located in West View Tract Addition. Dick Martens was present, representing proposal of two 4-Plexes. There are 4.3 acres located at the end of W. Idaho, north side. 112 feet wide by 160 feet. Location, play area, green area, 2 bedroom family units was discussed. Density would be 18.46. The Motion was made by Mitchell to recommend denial on the basis of consistency on density. There was discussion about denial and density. Martens stated they had considered putting a Tri-Plex in this location, but reduce the density. Motion died for lack of a second. The Motion was made by Mitchell to recommend to the City Council and seconded by Tewksbury to deny Custom Builders proposal of two 4-Plexes. Motion Carried: Tewksbury, yea; Mitchell, yea; Hinrichs, nom. The Motion was made by Hinrichs to recommend to the City Council approval of two Tri-Plexes to Custom Builders Herby Subdivision, contingent upon sewer, water, completing W. Idaho St. to this area, and landscaping including trees. Motion Carried: All yea. The Motion was made by Mitchell and seconded by Tewksbury that the meeting adjourn at 9:20 P.M. Chairman ATTEST: City Clerk