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HomeMy WebLinkAbout99Jun22 CC Spc Mtg MinsMERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, JUNE 22, 1999- 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE AGENDA FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION INC~200 TALAMORE BLVD: (APPROVE FINDINGS AND DECISION AND ORDER) 2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA RIDGE ESTATES: (REDRAFT AND TABLE UNTIL JULY 6, 1999 MEETING) 3. EXECUTIVE SESSION: (NO DECISION MADE) t MERIDIAN CITY COUNCIL SPECIAL MEETING JUNE 22, 1999 The special meeting of the Meridian City Council was called to order at 7:30 p.m. on June 22, 199 by Mayor Corrie. MEMBERS PRESENT: Keith Bird, Ron Anderson, Charlie Rountree, Mayor Corrie (Glenn Bentley, absent). OTHERS PRESENT: Gary Smith, Kenny Bowers, Shari Stiles, Bill Gordon, Bill Gigray, Will Berg. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION INC.-4200 TALAMORE BLVD.: Corrie: Staff, any comments at this point? Stiles: 1 don't, no. Corrie: Is the representative for the applicant here this evening? Have you had a chance to look over all the Findings of Fact and Conclusions of Law that has been presented to the Council? Unidentified: Mr. Mayor, Councilman, we have not received a copy of those. Rountree: Mr. Mayor - Corrie: I know it's not a public hearing but I just want to know if there are any questions about it. Is that wrong, right? Bird: This is a conditional use and - Corrie: We have Findings of Fact and Conclusions of Law and if there's anything in that that they - Gigray: In my recommendation we don't open because otherwise you're accepting testimony and comment. This is all deliberation at this paint. Corrie: Okay, gotcha. Gigray: If you decide after looking at it, the Council decides they want to get more information before they make a final decision then someone would move to re-open a public hearing. The only problem you'd have then is that you would have to give notice to everybody because there might be people that would be on different sides of the issue that wouldn't be - Meridian City Council Special ivleeting June 22, 1999 Page 2 Corrie: You're right, thank you. Okay, Council you have the Findings of Fact and Conclusions of Law in front of you with the decision in order, any comments? Gigray: I might, Mr. Mayor, a point of information since I as the City Attorney as directed by the Council to draft these just aquaint the council with the Findings in here have pretty much set forth that information that was before you with regards to the type of application that this is, the particular city ordinances that apply, I would also point out that in section 15 is the specific references and Findings of the Council relative to the fact that the application is in conformance or compliance with the Comprehensive Plan which is one of the conditions regarding the granting of a Condition Use Permit and those citations of course are the specific references in your Comp. Plan which you take judicial notice of since it's your own Comp. Plan, of those provisions relative to the development of the golf course of which this is proposed here very consistent with and then as you will see in the conditions that are included in the order, I believe that the concerns that were raised had to do with the concern over the sidewalk and I have provided in there and I had it a minute ago what did I do with it - Rountree: On page 12. Gigray: (Tape shut off) Yes, 1.8 was that afive-foot sidewalk in accordance with City ordinance and then there's a reference to the ordinance, along the entire frontages of West Talamore Drive and West Harbor Point Drive was I believe part of the motion that was made so that's been included, and then the other issue had to do with the timing of the temporary clubhouse and that's in 1.20, and this condition provides that a temporary clubhouse shall be used for a period not to exceed seven months from the date of this order and prior to moving the temporary letter of credit and then we have provided an amount of $500,000.00 which was the amount mentioned at the City Council meeting and I have included that and as a condition if you said in an amount not more than $500,000.00 then the issue can be $500,000.00 all the way down to zero and the number as 1 remember the discussion, the decision of the Council was at $500,000.00 so that's why I put it that way. The other points and conditions contained in there were those that were recommended by the Planning & Zoning Commission and the specific reference that I remember in the motion was to those two points. Corrie: Okay, thank you Mr. Gigray. Mr. Rountree? Rountree: I have no questions. Mr. Gigray did incorporate the language that was suggested and took care of the issues that I had. Given that, Mr. Mayor I would mave we approve the Findings of Fact and Conclusions of Law and decisions and order. Bird: Second. _. Meridian City Council Special rvleeting June 22, 1999 Page 3 Corrie: Mofion is made and seconded that we approve the Findings of Fact and Conclusions of Law. Any further discussion? Hearing none. Roll call vote. ROLL CALL VOTE: Mr. Anderson -yea, Mr. Rountree -yea, Mr. Bird -yea, 1 absent. MOTION CARRIED: ALL YEAS. Corrie: Motion is carried, Finding of Fact and Conclusions of Law are approved. Rountree: And that does include the Conditional Use Permit. Unidentified: Mr. Mayor and Councilmen, I appreciate it very much. 2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA RIDGE ESTATES: Corrie: Mr. Clerk, I understand you have a signed Development Agreement, is that correct? Berg: Mr. Mayor and Council, that is correct. The copy of this in your packet is a signed Development Agreement by the applicant. Gigray: Mr. Mayor, point of information. Shari had indicated to me some concern with the format of this development agreement and I just want to report to the Council that this is one of these which was one that has not been done in the course that we do them now and it's kind of trying to go back and revisit history and is one that I think was anticipated to be done a number of years ago, in fact I believe there were two former drafts that were proposed, the last one in 1997, neither one of them having been signed, we received a phone call from the Developer's attorney saying that they were going to be in town for a short period of time and so I've given instructions and reviewed a draft of this and then gave some instructions to include in this Development Agreement the specific provisions of the Council's action and Findings of Fact in the granting of this particular development. My secretary got concerned that some of the provisions which were in the 1997 Development Agreement were not included in the draft that I have prepared. I was in transit to the Idaho Trial Lawyers annual meeting of which I'm now an officer and so this Developer appeared and signed the agreement. I think Shari would explain what her concerns are, that there are some provisions in the 1997 agreement which is appended to this document as exhibit "D" which are not necessary, you might want to hear what she has to say about that, we may want to hold further action on this and make some changes on it and then re-submit it or if you say we're willing to sign the agreement without certain portions of this on here then we'll need to re-submit it back to the Developer for their signature as it's changed because we won't have a signed document that everyone agrees to unless it's a signed document and the process Meridian City Council Special Meeting June 22, 1999 Page 4 as you know at this point is we do not, at least my recommendation is that you do not annex or zone or rezone if you're going to have a Development Agreement unless it's signed before you take the action. We have a few of these left that are around where that just didn't happen and these came in afterwards and this is one of these where we're trying to re-construct what was done a number of years ago. Corrie: Alright Shari, you're on. Stiles: Mr. Mayor and Council, I know that Doug Campbell came into my office on Friday on the 11tH at about eight minutes to five and handed this to me and said approve this, we want to get it on the agenda for Tuesday and I said there's no possible way I was going to look at something for eight minutes and ask #o have it put on the agenda, so I thought that this would be an item that would come up on the July 6tH meeting, I didn't know until yesterday that it was on the agenda for today so I hadn't reviewed it. I did look at it tonight. It incorporates an entire Development Agreement at the back which was a draft that was with another Developer, Max Boesiger, so all of that would be totally inappropriate to be a part of this Development Agreement. I would ask that if I could work with the City Attorney so we would incorporate the pertinent items from the old Development Agreement into the new Development Agreement and simply have the Development Agreement with the exhibit "A"and the exhibit "B" would be the Findings of Fact and then delete the entire last section of what you have there in your packet. I know that they are in a big hurry now because the plat is at John Priester's office and they can't record it until the instrument number is attached to the plat. Either way, if you want to wait until the 6tH, that's fine too but I think it's more of a cleaning up that we need to do of it and shouldn't really affect the end result. Corrie: Would the 6tH of July meeting be sufficient time for you? Stiles: To me it makes no difference, the Developer makes a big difference. Bird: Mr. Mayor, on this Development Agreement that I've got sitting here in front of me signed, who wrote it? Stiles: The Development Agreement, the first portion of it? Bird: The one that's signed by Steiner. Stiles: I believe it was done by Mr. Gigray's office. Bird: And you've had it since July 1 ~ tn~ Stiles: Yes. Meridian City Council Special Meeting June 22, 1999 Page 5 Bird: And you haven't had a chance to go through it yet Shari? Stiles: I didn't believe that it would be up till the July 6tn meeting. I didn't know it would appear on the agenda today. Gigray: One of the things I might propose and you might ask Shari, if you would pull - and I agree with her, I don't think this whole Development Agreement ought to be on here, and we could strike that, initial it, and then re-submit it back to them for their initials, because otherwise we wouldn't be changing any of the terms of the agreement which is the main body here, this has just got appended because it's referenced in exhibit "B" which is the sheet attached hereto, see that line right there, and you could in a motion authorize the Mayor to initial this and strike through it and then pull this whole Development Agreement off of here because t think that was Shari's main concern and I agree with her, I think that that shouldn't be on there and I can tell you that my staff was concerned that we were leaving something out since we weren't in the forefront of this and there was a bunch of stuff in this and my instructions as I !eft it is I wanted it follow the Findings of Fact which is the first part of "B" because that was the official action of the City Council. If that happened then we could assign and initial this and then just re-submit this back to them to have them initial it. We can just do an acknowledgment on the initials and that's done a lot in agreements. Bird: Mr. Gigray, what you're saying then is that Exhibit "B" if we just strike that from the Development Agreement which we have to strike out and both parties have to initial, then we can go ahead and pass it, is that what I'm understanding from you and Shari? Is that your complaint about it Shari? Stiles: Councilman Bird, there are issues in this whole Development Agreement that aren't specified in the new Development Agreement. I think probably some of those things should be incorporated in it but also on page six of the new Development Agreement under 5.1.20 it also refers to the previous Development Agreement and those conditions so that would also need to be taken out but 1 stilt think that we need to actually change the existing Development Agreement to incorporate some of these items in the back, specifically Exhibit "B". The Development Agreement that you have that's at the back was a draft and still has my -just some edits that I had written in there and notes but - Bird: Shari, so in other words, you don't like the language in the one we wrote recently without putting some of the Exhibit "B" wording into this new agreement, is that what I understand? Stiles: Yes. Anderson: And what kind of hardship are we going to put on the Developer by putting this off until the Ern? Meridian City Council Special Meeting June 22, 1999 Page 6 Stiles: They won't be able to get any building permits. They're all ready to get building permits it's just a matter of John Priester signing the plat and recording it. Bird: Shari, in other words, they're ready to start building permits and stuff, this Development Agreement so we're just taking money out of - he pays his interest on what he's got loaned and he's not getting any back in and we give him this Development Agreement that he goes and signs because we in good faith that we handed to him telling him this is the one we want you to sign and now we don't want him to sign it even after he signed it, is that right? Stiles: Well I think if they'd read it, they shouldn't have signed it. I don't think they even read it. I don't see any way possible that - Bird: I can't believe they didn't read it. Stiles: I don't know why they would sign an agreement that references another individual entirely and has hand written comments. Anderson: Mr. Mayor, I guess my #wo cents worth is that I don't feel comfortable passing a document that our staff is telling us doesn't include all of the comments that we need. I can sympathize with the Developer and I think there's probably ample blame to go around in this but I just think that at this point from Council's standpoint it wouldn't be the right thing to do, pass something patched together or hoping that we had everything and why don't we just take two weeks and get it done right. Rountree: Mr. Mayor, I don't disagree with what Ron said, however I've got a question for Shari. If the comments in Exhibit "B", and I need to get this squared away, Exhibit "B" is the one dated - it doesn't have a date. It's actually a three page document that starts out one of two, two of two, and three of two, okay then we're dealing with the same document anyway, does that include alt the concerns that you have and then some? Stiles: Well as you can see on page one of two it does say a Development Agreement between the City and Max Boesiger under item #B they were proposing to deposit funds with ACRD and I believe that's what ACRD requested but we said that we wanted them to build a sidewalk on Ustick bu# other than that if we could make those changes or initial them or whatever and take away the rest of the old Development Agreement and have those three pages then the only thing we'd have to do would be to strike that 5.1.20 on page 6 of the new Development Agreement. Rountree: And the line on Exhibit "B" under the current recent Development Agreement that refers to the previous Development Agreement that refers to the previous Development Agreement. ~. Meridian City Council SpecialJMeeting June 22, 1999 Page 7 Stiles: Yes. Rountree: But we would still include Findings of Fact and Conclusions of Law. Stiles: Well we could still include the Exhibit "B" but I guess we could add this - call it additional conditions of approval - Rountree: Well Exhibit "B" would include Exhibit "B" of the previous Development Agreement. Stiles: Well I guess it reads Findings of Fact and Conclusions of Law/Conditions of Approval, that would probably still work okay then. (Inaudible) Bird: Mr. Mayor, I'd like Mr. Gigray to - I think he's got an idea for us. Gigray: 1'll just throw this out. What if we - I mean as I understand the concern of the Planning & Zoning Director, there may be surplusage in Exhibit "B" that is the previous agreement rather than omission. I think we might be more concerned with omission rather than surplusage. If the Developer signed this, if you went ahead and approved this and then we need to come back and amend it, which would take a public hearing, I don't think it's a good idea to amend Development Agreements that have been approved through the public hearing process without going back through it but I think the Council could take the action here, then a proposal could be made to delete some of this that needed to be deleted and then they would have their signed agreement which they have already signed and they can move forward with their plat. Do you see anything in there Shari that would be an impediment to what they've already done and kind of work backwards this way? Stiles: If we delete the entire second Development Agreement except for the Exhibit "B"? Gigray: Well yeah, the delay would be if the Council takes any actions tonight that would modify this proposed agreement in any way we have to re-submit it to them to have them initial it, I don't know how much time that would take. You know I guess they could air freight it down and back, aren't they in California or somewhere? Stiles: Yes. Gigray: I don't know how much hardship that would cause. If the Council passed this as it is since they've signed it then the agreement would be done, it could be recorded, they could get their plat and then if we needed to come back and amend the agreement we'd simply notice it up for a public hearing and then it Meridian City Council Specia~ Meeting June 22, 1999 Page 8 could be heard and then it could be amended if the Council chose to take that action after public hearing at a later date and they would - Stiles: We don't have public hearings for the initial approval of a Development Agreement, why would we have to have it for an amendment? Bird: We're changing Facts and Conclusions of Law. Gigray: I guess it would depend on what it is we'd be changing, if we'd be changing a condition, I think the safe play is to give public notice, you know, because we have a lot of development where you have a Development Agreement everybody goes the way the City Council action was that the Development Agreement would be signed and it would have these conditions in it and then if you would come back and seek to change any of those then I think it's a good idea to let the public at least have a hearing to address what other proposed change would be. In this instance that would be cautious, if you chose not to do it simply because it was really correcting a typographical error then you could make a determination not to have a public hearing, I just don't know exactly what all that might entail but as I understand this there's nothing missing here, it may be too much. Anderson: Sidewalks are missing. Gigray: Yeah and I can tell you, I put this originally together based on what I saw of the Findings and the minutes and the Findings of Fact, I didn't add a thing in there and the only other thing is what was in a Development Agreement so I couldn't find anything of record that would have added any other conditions and that's the problem I have with these old ones, since we don't have them I have to go back and get copies and transcripts of the City Council meetings and the Findings to see what in the heck to put in them. Rountree: Shari, I don't want to move on this without an affirmative nod from you, so I would also like to maybe do something tonight because I think we've led the Developer to some point of expectation. If we approve this with Exhibit "B" striking Boesiger's reference, adding that they will build sidewalks and striking the paragraph in the new agreement that refers to the old Development Agreement, does that resolve your issues or are there other issues that - Stiles: It probably would. Rountree: That's real assuring. Stiles: Another problem with these projects where a Development Agreement was required and the Findings of Fact, in this case the Findings of Fact were based on a totally different project. The elementary school wasn't even considered to be a part of the project at that time. There's really nothing we can Meridian City Council Special Meeting June 22, 1999 Page 9 do about that because they were the Findings for the annexation and so I guess to answer your question, I don't like that way of doing it, I would rather have a nice clean copy but it would work. Rountree: Ron's telling me he doesn't like it. (Inaudible) Corrie: Well it sure won't come down to a tie vote so - Rountree: Mr. Mayor, I guess I need to understand why this is on the agenda tonight, was there expectation given to the Developer that we were going to affirmative on this or was it just kind of one of those - Corrie: It was one of those things that was going to be - (inaudible) affirmative or anything else. We just said that we'd try to get it on the agenda and Ithink we - as Mr. Smith and I have discussed many times we get in trouble when we move too fast. Rountree: Mr. Mayor, I would move that we instruct Council and Planning Administrator to work with Steiner Development to re-draft and re-establish the appropriate conditions for this Development Agreement and provide it to the Council on July 6th for consideration. Anderson: I'll second it. Corrie: Motion is made and seconded that we have the staff and the attorneys and the proper people get together and make the corrections necessary and get back to us on July 6th. Any further discussion? Rountree: Mr. Mayor, my discussion is that I'm not particularly pleased that we're here with this given the situation, I believe there's some expectations on the part of the Developer and I would very much like to meet those expectations, I believe however there's enough burdensome language in the old agreement that they may not want to live with if in fact it stands and they'd be back here asking for an amendment anyway so, my preference is let's get it right the first time. Corrie: Any further discussion? Bird: I have none. Anderson: I have none. Corrie: All those in favor of the motion say aye. Opposed no? MOTION CARRIED: ALL AYES. ~, Meridian City Council Special Meeting June 22, 1999 Page 10 Corrie: That takes care of the two items, item number three is executive session in accordance to Idaho code 67234 to discuss personnel issues subsection "C". I'll entertain a motion to go into executive session. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to go into executive session. All those in favor say aye. MOTION CARRIED: ALL AYES. (WENT INTO EXECUTIVE SESSION) (RETURNED FROM EXECUTIVE SESSION) Corrie: Okay, we'll come out of executive session, no decisions were made in reference to Idaho code section "C", I'll entertain a motion to come out of executive session. Rountree: So moved. Bird: So moved, yeah. Corrie: Motion is made and seconded. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion to close the regular hearing on January 22, 1999. Bird: So moved. Rountree: Second. Corrie: Motion made and second to adjourn the regular meeting. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council Special Meeting June 22, 1999 Page 11 APPROVED: r RT D. CORRIE, M YOR ~a~4~+u r++rr rar~~r~~ ~~~ r~ r ~ ~ y •~~, G~©r~ '~' C/_~yy. ~~~~~rr+47 tb44'44444,,~`` ATTEST: >~ WILLIAM G. BERG, JR., C CLERK MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, JUNE 22, 1999- 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: ~ RON ANDERSON CHARLIE ROUNTREE GLENN BENTLEY KEITH BIRD MAYOR ROBERT CORRIE AGENDA 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION 1NC~200 TALAMOR BLVD: ~~ro~-~ ~lF ~G r~ ~ ©~cG 2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA RIDGE ESTATES; r.~~~~` ~ t~-yee cc,,,.~,7 ~we~ b~ rxt~. 3. EXECUTIVE SESSION: ~o cCQ cc7r• b,,,,, ~dA. 6~~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live ~iycil ti(embers CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD NOTICE OF SPECIAL MEETING LEGAL DEPARTMENT (208) 88.1--1'_6-l PUBLIC WORKS BUILDING DEPARTMENT (208) 887-" I I PLANNING AND ZONING DEPARTMENT (203)884-~j3 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 22nd, 1999 at 7:30 P.M. The City Council will meet for the following: Findings of Facts and Conclusions of Law: Request for a Conditional Use Permit for a Golf Course Clubhouse, Parking Lot, and Temporary Clubhouse by Cherry Lane Recreation Inc. - 4200 Talamore Blvd: Development Agreement by Steiner Development for Dakota Ridge Estates: Executive Session in accordance with Idaho State Code 67-2345 to discuss personnel issue: The public is welcome to attend. DATED this 17th day of June, 1999. `t~~tt~ti~l ~ I t; `: r,~~ ~~y~L 1~IILLIAM G. BERG, JR. - C TY CLERK =; UGC ~~°~ ,7 ~9p ~tis~. ,~.. ,.: '' C~Ut~~"`l ~ `~~`~ / ~~~~~rri;+~ ~tin~~t~`~ + .. I MERIDIAN CITY COUNCIL MEc ii ING: ~ l S ~ -r APPLICANT:. r~~~~~ `-~~'~ AGENDA ITEM NUMBER: ZZ _ F-~- REQUEST: ~'~~ /'7~~it-y~•c ~ ~Gl~ Ce-v2 ~ - ~;•~.~ ~ -~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS ~~ ~~ ~Lr ~~~ %J I ~'1~ ..//7 c '~ n t `, BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHERRY LANE RECREATION, INC., FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARIQNG LOT AND TEMPORARY CLUBHOUSE AT 4200 TALAMORE BLVD., MERIDIAN, IDAHO Case No. CUP-99-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on the 15th day of June, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and James A. Yost appeared on the behalf of the Applicant, Jim Grant and Eva Gay Yost appeared and testified, James Shelly appeared on behalf of The Lalce at Cherry Lane Homeowners Association, Inc., Grant Kingsford former Mayor of the City of Meridian, Ron Santi secretary/treasurer of the Cherry Lane Golf Association, Deleta Cooper a senior member of the Cherry Lane Golf Course, Jennifer Lovan-Holloway the general manager of the Cherry Lane Recreation, Ross Parton, and Diclc Johnson, the surveyor and designer, on the project, appeared and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 1 testified in favor of the application, and a petition was submitted in support of approval of the conditional use permit with the condition that the phases of the Conditional Use Permit -parking lot, relocation of the temporary clubhouse, and completion of the permanent clubhouse will be completed within the time frame prescribed by the Planning and Zoning Commission, Doug Campbell testified representing the Steiner Development, LLC, and all parties having appeared and testified in favor of the application, and persons testifying with concerns over the prof ect were Russ McRae, Gordon Margulieux and Ellen Gasaway, and the City Council having received into the record the Recommendation to City Council of the Planning and Zoning Commission and having reviewed the newly submitted plans entitled the "New Proposed Clubhouse for Cherry Lane Golf Course, Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed Architect AR-1372, which plans designate Job No. 9918 dated May 1999, DRAWN BY: J.A.T, CHECKED BY: R.H., SHEET NUMBER A-O.O 1 OF 8, which plans include Architectural Cover Sheet, Basement/Foundation Plan, Main Level Floor Plan, Roof Plan, Details &. Ada Mounting Heights, Exterior Elevations, Building Sections, Wall Sections and Details, Door and Window Schedules, and General Structural Notes, Foundation Plan, Main Level Foundation ~ Framing Plan, Roof Framing Plan, Structural Details S- 5.land Structural Details S-7.1, and Johnson Land Surveying, Inc.: Site Plan, Light Plan and Parking Lot Plan", the staff report and the record made before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 2 Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 15, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said June 15, 1999, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 3 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 4200 Talamore Blvd., which is located west of Ten Mile Road and north of Cherry Lane, adjacent to the intersection of W. Harbor Pointe Drive and W. Talamore Blvd., Meridian, Idaho. 5. The Owner of record of the subject property is the City of Meridian, and the Applicant is the lease holder of the property by that certain "Agreement of Lease entered into by the City of Meridian and Cherry Lane Recreation, Inc., an Idaho corporation, dated the 3rd day of October, 1978." 6. Applicant is Cherry Lane Recreation, Inc. of 2070 Interlachen Way, Meridian, Idaho. 7. The subject property is currently zoned Low Density Residential (R-4). The zoning district of Low Density Residential (R-4) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408 (3) . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 4 8. The proposed application requests a conditional use permit for construction and development of a golf course clubhouse, parking lot and temporary clubhouse. The Low Density Residential. (R-4) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 9. Due to the fact that the subject property is an existing golf course, and the present temporary clubhouse is anon-conforming use in the zone, and due to the fact that the requested use is anon-conforming use, the uses proposed within the subject application will in fact, constitute a conditional use as provided in §§ 11-2-406 E 2 and 11-2-406 F of the City of Meridian Municipal Code. 10. Concerns raised by two persons who testified at the hearing, and who reside near the proposed clubhouse, centered upon two (2) issues. One witness had concerns about parties and loud music past the hour of 10:00 o'clock p.m., and the other vas concerned about the increase of potential traffic on W. Harbor Pointe Drive. 11. The Council finds that the lease agreement, ""Agreement of Lease" entered into by the City of Meridian and Cherry Lane Recreation, Inc., an Idaho corporation, dated the 3`d of October, 1978", which it takes judicial notice of its own records does not specify other than a general provision at section 12 therein FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 5 requiring compliance with the law. A restriction of clubhouse operations to not proceed past 11:00 o'clock p.m. is reasonable and would address the concerns raised regarding the potential for clubhouse activities to impact neighboring properties. 12. The Council finds that the traffic access for ingress and egress from the site would not unduly burden any of the roads and streets in the vicinity of the proposed conditional use. 13. The Planning and Zoning Administrator, Shari Stiles, reported that given the requirements of the City's ordinances, and the need for pedestrian access in this residential and recreational area, there should be included in the special conditions "Site Specific Comments" No. 7, which provides "Construct five-foot-wide sidewalks along the entire frontages of W. Talamore Drive and W. Harbor Pointe Drive". Applicant did not oppose the condition other than to state there may be arrangements with other developers in the area to insure the completion of that condition. 14. There is concern on the part of those who have offered testimony in support and in opposition to limit the time for the use of the temporary clubhouse, and there is concern also that the conditional use permit is immediately needed because the Applicant's present temporary clubhouse must be moved from its present location by July 1, 1999. Testimony was offered by Doug Campbell, representing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 6 Steiner Development, LLC, that they would work with the Applicant to allow some additional time to move the temporary clubhouse, so long as the conditional use permit is granted before the 15L of July, 1999, and this matter is moving forward. 15. The application is in compliance with the Comprehensive Plan of the City of Meridian as follows: 15.1 Meridian Comprehensive Plan Generalized Land Use Map Infrastructure Planning Analysis Comprehensive Plan and Map adopted on December 21 ,1993, designates the subject property as Existing Urban; and 15.2 Goals of the Comprehensive Plan at page 5 thereof numbers 3, 5 and 6; and 15.3 Public Services, Utilities and Energy Resources at page 35 "Golf Services" provides: "This is a leased facility. The Cherry Lane Municipal Golf Course is a well designed nine-hole course that attracts golf enthusiasts from throughout the Valley. The staff includes a golf professional and greens keeper. A clubhouse will be built in the near future to accommodate increased user demand and golf-related services to the community"; and 15.4 Table 2 Future Needs at page 37 under heading "Golf Course"; and 15.5 Open Space, Parks and Recreation "Recreation Goal Statement" policies, number 1.1 at page 59. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 7 CONCLUSIONS OF LAW Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 8 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-418 Municipal Code. 3. The City of Meridian in its Municipal Code at § 11-2-406 E 2 and § 11-2-406 F has provided in part as follows: 2-406 E 2 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION: A non-conforming use shall be extended to occupy any additional land area only as an application shall be submitted to the Commission and in accordance with the Conditional Use procedures of Section 2-418 of this Ordinance. 2-406 F REPAIRS AND MAINTENANCE: On any non-conforming structure, or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing. The existing cubic content of anon-conforming non-conforming structure or portion of a structure containing anon-conforming use shall not be increased before an application shall be submitted to the commission and in accord with the Conditional Use procedures of Section 2-418 of this Ordinance. 4. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 9 5. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994, which provides in part: 5.1 Meridian Comprehensive Plan Generalized Land Use Map Infrastructure Planning Analysis Comprehensive Plan and Map adopted on December 21 ,1993, designates the subject property as Existing Urban; and 5.2 Goals of the Comprehensive Plan at page 5 thereof numbers 3, 5 and 6; and 5.3 Public Services, Utilities and Energy Resources at page 35 "Golf Services" provides: "This is a leased facility. The Cherry Lane Municipal Golf Course is a well designed nine-hole course that attracts golf enthusiasts from throughout the Valley. The staff includes a golf professional and greens keeper. A clubhouse will be built in the near future to accommodate increased user demand and golf-related services to the community"; and 5.4 Table 2 Future Needs at page 37 under heading "Golf Course"; and 5.5 Open Space, Parlcs and Recreation "Recreation Goal Statement" policies, number 1.1 at page 59. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 10 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. The Applicant is granted a conditional use permit for the construction of a golf course clubhouse and parking lot to be used in the customary manner of the use of such facilities and construction shall be in accordance with the submitted plans entitled "New Proposed Clubhouse for Cherry Lane Golf Course, Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed Architect, AR 1372, which plans designate Job No. 9918 dated 5-18-99, and which plans include Site, Light and Parking Lot plans, and to place upon the subject site as indicated on the said site, light and parking lot plans a temporary clubhouse, all of which is subject to the following terms and conditions: 1.1 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users' association, with written confirmation of said approval submitted to the Public Worlcs Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 11 City Ordinance Section 5-7-5 17. Wells may be used for non- domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.8 Applicant shall construct five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.11. along the entire frontages of W. Talamore Drive and W. Harbor Pointe Drive. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Worlcs Department. Designer shall coordinate sizing and routing of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 12 sanitary sewer and water within the development with the Public Works Department. 1.11 Provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 1.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Corners" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 1.13 Based on asphalt square footage of 66,850, a total of 45 three-inch caliper trees are required for the project. Due to the issue of buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Three-inch Norway Spruce trees will not be approved in the count of required three- inch caliper trees. Any conifers provided shall be a minimum of 6'- 8' in height. Staff requires that three-inch caliper trees be provided at 35 feet on center along W. Talamore Drive and W. Harbor Pointe Drive, as well as within parking lot planting beds. Provide detailed landscape plan for review and approval. 1.14 Shall review lighting plans with the City of Meridian to ensure adjacent residential properties and the traveling public are not impacted by glare. 1.15 Signage shall be limited to one low-profile monument type sign near the intersection of W. Talamore Drive and W. Harbor Pointe Drive. Sign shall be placed outside of sight triangle. Detailed signage plans will be subject to design review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 13 1.16 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.17 Handicapped accessible parking spaces and associated signage shall be constructed in accordance with the Americans with Disabilities Act. 1.18 Applicant shall provide a letter of approval from Nampa-Meridian Irrigation District for trees shown within their easement for the Eight Mile Lateral. 1.19 Certificates of Zoning Compliance and Occupancy must be issued prior to any use of the property. 1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars. 1.21 The basement of the building shall be provided with a fire sprinkler system in conformance with the Uniform Fire Code. 1.22 Additional water hydrants shall be installed and operational prior to any construction. 1.23 Applicants shall satisfy all fire code requirements. 1.24 Run-off is not to create a mosquito breeding problem. 1.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 14 1.26 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm~vater management system that prevents groundwater and surface water degradation. 1.27 Applicant shall submit plans for a food establishment review. 1.28 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 1.29 Requires all laterals and wasteways be protected. 1.30 All municipal surface drainage shall be retained on site. 1.31 If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District must review drainage plans. 1.32 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 1.33 Developer must comply with Idaho Code §31-3805. 1.34 The clubhouse shall not be operated other than for maintenance past 11:00 o'clock p.m. 2. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION; INC. - 15 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on June 15, 1999. ROLL CALL COUNCILMAN ANDERSON VOTED_~~`Z' COUNCILMAN BENTLEY VOTED ~~~~~ COUNCILMAN BIRD VOTED_G~~'~- COUNCILMAN ROUNTREE VOTED_G ,~~%~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~-2` " ~'~/ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 16 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ~~~~~---,b{~ ~ Dated: City Clerlc ~-~~ - ~~ `k,~!!lk~~~~ ~~.16rjr~I~frF e./ n~ ~+ ~~. /~ O~ 1 ',`~\ b+ ~~ W .~.r: r.d+~'.~ '~! ~ ~~~r~~r7i itiiy4! msw/Z:\Worlc\MWleridian 15360M\Cherry Lane Golf Course CUP\CUPDecOrd.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 17 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) CUP-99-009 APPLICATION OF CHERRY ) LANE RECREATION, INC., FORA ) ORDER OF CONDITIONAL CONDITIONAL USE PERMIT ) APPROVAL OF FOR A GOLF COURSE CLUBHOUSE, ) CONDITIONAL USE PERMIT PARKING LOT AND TEMPORARY ) CLUBHOUSE AT 4200 TALAMORE BLVD., ) MERIDIAN, IDAHO ) ) This matter coming before the City Council on the 22nd day of June, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Cherry Lane Recreation, Inc., and the City of Meridian, owner of the property are granted a conditional use permit for the construction and development of a golf course clubhouse, parking lot and temporary clubhouse, as described in the newly submitted entitled the "New Proposed Clubhouse for Cherry Lane Golf Course, Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed Architect AR- 1372, which plans designate Job No. 9918 dated May 1999, DRAWN BY: J.A.T., CHECKED BY: R.H., SHEET NUMBER A-O.O 1 OF 8, which plans include Architectural Cover Sheet, Basement/Foundation Plan, Main Level Floor Plan, Roof Plan, Details & Ada Mounting Heights, Exterior Elevations, Building Sections, Wall Sections and Details, Door and Window Schedules, and General Structural Notes, Foundation Plan, Main Level Foundation & Framing Plan, Roof Framing Plan, Structural Details S-5.1 and Structural Details S-7.1, and Johnson Land Surveying, Inc.: Site Plan, Light Plan and Parking Lot Plan", as conditionally approved by order of the City Council on the 15th day of June, 1999, for the development of the aforementioned projects and which property is described hereinbelow to-wit: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. A parcel of land situated in the SE 1/4 of the NW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center section corner of said section 3; thence N 59°46'22" W a distance of 759.17 feet to a point, THE POINT OF BEGINNING; thence S 00°30'15" W a distance of 163.24 feet to a point; thence N 82°30'02" E a distance of 225.00 feet to a point; thence S 00°00'00" W a distance of 438.00 feet to a point; thence N 84°46'11" W a distance of 252.67 feet to a point; thence along anon-tangent curve to the left having a Delta of 49°31'10", a Radius of 249.75 feet, a Tangent of 115.19 feet, a Chord Bearing of N 25°52'45" W, a Chord distance of 209.20 feet, and an Arc Length of 215.85 feet to a point; thence N 50°38'25" W a distance of 94.32 feet to a point; thence along a curve to the left having a Delta of 5°05'36", a Radius of 680.00 feet, a Tangent of 30.24 feet, a Chord Bearing of N 53°11'13" W, a Chord distance of 60.43 feet, and an Arc Length of 60.45 feet to a point; thence along a curve to the right having a Delta of 86°18'50", a Radius of 20.00 feet, a Tangent of 18.75 feet, a Chord Bearing of N 12°34'36" W, a Chord distance of 27.36 feet, and an Arc Length of 30.13 feet to a point; thence N 30°34'50" E a distance of 84.13 feet to a point; thence along a curve to the right having a Delta of 41°13'04", a Radius of 375.00 feet, a Tangent of 141.02 feet, a Chord Bearing of N 51°11'21" E, a Chord distance of 263.99 feet, and an Arc Length of 269.77 feet to a point; Said parcel containing 3.75 acres more or less. 2. This permit is subject to the following terms and conditions: That the above named Applicant is granted a conditional use permit to use the property for the construction and development of a golf course clubhouse, parking lot and temporary clubhouse, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 I-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users' association, with written confirmation of said approval submitted to the Public Works Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.8 Applicant shall construct five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.11. along the entire frontages of W. Talamore Drive and W. Harbor Pointe Drive. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2.11 Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 2.13 Based on asphalt square footage of 66,850, a total of 45 three-inch caliper trees are required for the project. Due to the issue of buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Three-inch Norway Spruce trees will not be approved in the count of required three-inch caliper trees. Any conifers provided shall be a minimum of 6'-8' in height. Staff requires that three-inch caliper trees be provided at 35 feet on center along W. Talamore Drive and W. Harbor Pointe Drive, as well as within parking lot planting beds. Provide detailed landscape plan for review and approval. 2.14 Shall review lighting plans with the City of Meridian to ensure adjacent residential properties and the traveling public are not impacted by glare. 2.15 Signage shall be limited to one low-profile monument type sign near the intersection of W. Talamore Drive and W. Harbor Pointe Drive. Sign shall be placed outside of sight triangle. Detailed signage plans will be subject to design review. 2.16 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.17 Handicapped accessible parking spaces and associated signage shall be constructed in accordance with the Americans with Disabilities Act. 2.18 Applicant shall provide a letter of approval from Nampa-Meridian Irrigation District for trees shown within their easement for the Eight Mile Lateral. 2.19 Certificates ofZoning Compliance and Occupancy must be issued priorto any use of the property. 2.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars. 2.21 The basement of the building shall be provided with a fire sprinkler system in conformance with the Uniform Fire Code. 2.22 Additional water hydrants shall be installed and operational prior to any construction. 2.23 Applicants shall satisfy all fire code requirements. 2.24 Run-off is not to create a mosquito breeding problem. 2.25 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.26 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.27 Applicant shall submit plans for a food establishment review. 2.28 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.29 Requires all laterals and wasteways be protected. 2.30 All municipal surface drainage shall be retained on site. 2.31 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.32 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of--way occurs. 2.33 Developer must comply with Idaho Code §31-3805. 2.34 The clubhouse shall not be operated other than for maintenance past 11:00 o'clock p.m. ORDER OF CONDITIONAL APPROVAL s OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of the Applicant, Cherry Lane Recreation, Inc. 5. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on c~G~-~- 2 2 ~~ , 1999. r By: RT D. C Ma r, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: Dated: fJ ' 22' ~~ City Clerk msg/Z:\Work\M\Meridian 15360M\Cherry Lane Golf Course CUP\CUPOrder ;i;y~rftimihr~~ ~'~r ..` ~ K r '' :~ y ~~~ 'pG. O`~ O .. `~ ~ ~~ yy ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. Will Berg From: Brad Watson [watsonb@ci.meridian.id.us] Sent: Wednesday, October 04, 2000 2:45 PM To: Will Berg (E-mail) Subject: FW: Cherry Lane Recreation Clubhouse CUP -----Original Message----- From: Brad W. Sent: Tuesday, October 03, 2000 9:10 AM To: Shari Subject: Cherry Lane Recreation Clubhouse CUP Shari, I got a call from Jennifer Lovan-Holloway yesterday in which she expressed concern over a couple of things in the CUP that could potentially affect their certificate of occupancy which they are hoping to get in the next week or two. Since I have been involved with the golf course and clubhouse construction for quite some time and am familiar with what's going on out three she asked that I clarify a couple things for her. The first is condition #2.1 which pertains to the tiling of ditches. As you may know, this has been held up for more than a year because of the land swap with Steiner Development (which is on tonight's City Council agenda under the Mayor's department reports). The party responsible for construction, material purchase and design has been up in the air pending the outcome of the land deal. I have not been involved in it lately but hopefully tonight's meeting will clear things up so that the tiling can proceed. The second condition of concern is #2.13 pertaining to trees along W. Talamore Blvd. As you know, Talamore Blvd. does not actually exist east of W. Harbor Pointe Drive. That portion of the road was constructed by Brighton Corporation only to provide access to the clubhouse site (I don't think there is even an easement for its use but that's a subject for another day). The entire property on which this road, sidewalk and the landscape strip between them is located is on an unplatted parcel owned by Brighton. I don't know if there were discussions about this during the CUP hearings but it would seem Brighton's last phase of Ashford Greens would be required to finish the landscaping since it is on their property. I'm not trying to over step my boundaries here but I seem to be the contact person for Wally and Jennifer. I'm just passing this on for your information. Thanks, Brad