HomeMy WebLinkAbout00Mar15 CC Spc MtgHUB OF TRE.~SURE L'ALLEY
MAYOR
A Good Place to Live LEGAL DEPARTMENT
Robert D. Come
CITY OF MERIDIAN (2os> 2ss-2499 • Fax 288-2501
CITY COUNCIL IvIEMBERS PUBLIC WORKS
Ron Anderson 33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird MERIDIAN, IDAHO 836~t2 (208) ss7-z211 • Fax 8a~-1297
Tammy deWeerd (208) 888-4433 • Fax (203) 837-4813 PLANNING AND ZONING
Cherie McCandless City Clerk Office Fax (208) 883-4218 DEPARTMENT
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(_08)884-5533 • Fax 888-6851
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City of Meridian Waste Water Treatment Plant,
3401 N. Ten Mile Road, Meridian, Idaho, on Wednesday, March 15, 2000 at 6:00
P.M. This meeting shall include an Executive Session (the session itself is
closed to the public) called in accordance with Idaho State Code 67-2345 (c)
relative to the acquisition of real property. The following are agenda items:
possible decision on real property purchase,
findings of fact and conclusions of law and decision of order for
conditional use permit extension for Cherry Lane Recreation, Inc.
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
DATED this 13th day of March, 2000.
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WILLIAM G. BERG, JR. CI CLERK
Meridian City Council
Agenda
March 15, 2000 @ 6:00 P.M.
Wastewater Treatment Plant
3401 N. Ten Mile Road
Meridian, Idaho
Roll-Call: Tammy deWeerd Cherie McCandless
Ron Anderson Keith Bird
Mayor Robert Corrie
ReQUlar Actenda
1. Findings of Fact and Conclusions of Law: CUP 00-008 Request for
extension of Conditional Use Permit for temporary clubhouse by Cherry
Lane Recreation, Inc. - 4100 Talamore:
2. Executive Session 67-2345 (c):
3. Possible decision on real property purchase:
MARCH 14, 2000 CUP 00-008
MERIDIAN CITY COUNCIL MEETING: MARCH 15, 2000
APPLICANT: CHERRY LANE RECREATION, INC. AGENDA ITEM NUMBER:
REQUEST: CUP FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE
AGENCY
CITY CLERK:
COMMENTS
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: SEE ATTACHED FINDINGS AND ORDER
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER 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:
Materials presented at public meetings shall become property of the City of Meridian.
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MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Cherry Lane Recreation, Inc
Date: March 9, 2000
Will:
CUP-00-0(~Time Extension
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A TIME
EXTENSION, pursuant to action of the Council at their March 7, 2000, meeting.
The Findings will be on the Council's agenda for their March 15, 2000, special
meeting. If Council approves the Findings then please present the attached original
of the ORDER GRANTING AN EIGHT (8) MONTH TIME EXTENSION FOR
THE CONSTRUCTION OF TEMPORARY CLUBHOUSE to the Mayor for
signature, then please serve conformed copies upon the Applicant, Planning and
Zoning, Public Worlcs and the City Attorney.
msv~Z:\WorlcWl\Meridian 15360M\Cherry Lane Golf Course CUP\CllcTimeExt030800.1tr
R,~CE~D
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CITY OF MERIDIAN
BEFORE THE MERIDIAN CITY COUNCIL
03-07-00
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR
TIME EXTENSION OF TEMPORARY
CLUBHOUSE,
CHERRY LANE RECREATION, INC.,
INC.
CASE NO. CUP-00-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF DECISION
GRANTING A TIME
EXTENSION
APPLICANT. )
The above entitled matter coming on regularly for public hearing before the City
Council on March 7, 2000, at 7:30 o'clock p.m., at Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and Brad Hawkins-Clark, Assistant Planner for the Planning and Zoning
Department, appeared and testified, and Milce Spinlc, appeared and testified on behalf of
the Applicant, and appearing and commenting was Gordon Margulieux, and the City
Council having received the transmittal to agencies and having received the conditional
use application for time extension application, having heard the testimony presented, being
fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 1 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning snaps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps.
2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E
and 419 D as evidenced in the record of this matter.
3. The property is located at 4100 W. Talamore, Meridian, Idaho.
4. The Lessee of record of the subject property is Cherry Lane Recreation,
Inc. of Meridian.
5. Applicant is Lessee of record.
6. The subject property is currently zoned R-4 (Low Density Residential).
The zoning district of R-4 is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2C.
7. The proposed application requests a conditional use permit for time
extension of temporary clubhouse during construction and for construction of a new
clubhouse. The 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 2 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
Ordinance, Section 11-8-1).
8. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
9. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
10. The granting of the requested time extension will not be detrimental to
the public's welfare or injurious to other property in the area of the proposed use, and,
in fact, the development will be in accordance with the conditions of approval.
11. The applicant paid the fee established by the City Council for application
for a time extension for the conditional use permit.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the
Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in
particular, by the provisions of Idaho Code § 67-6512 to provide as part of its zoning
ordinance for the process of applications for conditional use permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-6512
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in the Meridian City Code.
3. The requirements for the processing of a conditional use permit are set forth
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 3 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
in Idaho Code § 62-6512 and Meridian City Code §§ 11-17.
DECISION AND ORDER
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:
1. That Applicant, Cherry Lane Recreation, Inc., is hereby granted an eight (8)
month time extension for the construction of the clubhouse by Cherry Lane Recreation,
Inc., and use of a temporary clubhouse for the period of construction.
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
an eight (8) month time extension for the conditional use permit for construction of a
clubhouse and use of a temporary clubhouse during the period of construction, 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 the day of
2000.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 4 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN KEITH BIRD VOTED
COUNCILPERSON TAMMY deWEERD VOTED
COUNCILPERSON CHERIE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED,
DATED:
MOTION: APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
By:
City Clerlc
Dated:
Z:\Work\M\Meridian 15360M\Cherry Lane Golf Course C[JI'\TimeExtCLiPFfClsOrd
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 5 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
R,~cE~D
~1A~: 1 ~ Cu~i~
CITY 0~ MERIDIAN
BEFORE THE MERIDIAN CITY COUNCIL
03-07-00
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR
TIME EXTENSION OF TEMPORARY
CLUBHOUSE,
CHERRY LANE RECREATION, INC.,
INC.
APPLICANT.
CASE NO. CUP-00-008
ORDER GRANTING AN
EIGHT (8) MONTH TIME
EXTENSION FOR THE
CONSTRUCTION OF
TEMPORARY CLUBHOUSE
This matter coming on regularly before the City Council on the 15`h day of
March, 2000, upon the Applicant's time extension application for a six (6) month
extension within which to complete the construction of the temporary clubhouse and
good cause appearing;
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted an eight(8) month extended period of
time from the date of this Order within which to complete the construction on the
clubhouse, and use of a temporary clubhouse during the period of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 1 OF 2
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
r
By action of the City Council at its regular meeting on the 15th`'' day of
March, 2000.
DATED this day of , 2000.
Mayor Robert D. Corrie
Copy served upon the Applicant, Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
By:
City Clerlc
Dated:
Z:\Work\M\Meridian 15360M\Cherry Lane Golf Course CUP\ORDERTimeExt
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 2 OF 2
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)