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Home My WebLink AboutMeridian Free Library RZOFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplnser BRUCE D. STUART, Water Works Supt. JOHN T. SMAWCROFT, Wasts Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 62 Adm. KENNETH W. BOWERS, Flre Chief W. L. "SILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attomsy P 6 Z COMMI8810N 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 MOEALIDJANI JIM SHEARER Phone (208) 8s8~a33 • FAX (208) 887.4813 REC ~~ V ED CHARLIE RouNTREE TIM HEPPER Public Works/Btli~ing Department (ZOS) 887-2211 n GRANT P. KINGSFORD N O V ~ ~ X995 Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 5, 1995 TRANSMITTAL DATE: 11/20/95 HEARING DATE: 12/12/95 REQUEST:. Rezone from R-4 to L-0 BY: Meridian Free Library District LOCATION OF PROPERTY OR PROJECT: North of Cherry Lane, East of NW 13th Avenue JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) ~ CITY FILES OTHER: YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A GOOd Place t0 LIVC RONALD R. TOLSMA MAX YERRINGTON WALT W. MORROW CITY OF MERIDIAN RDBERTD.CORRIE I. GENERAL INFORMATION Site for new Meridian Public Library (PROPOSED NAME OF SUBDIVISION) 1323 West Cherry Lane; Meridian, Idaho (GENERAL LOCATION) (attached) (LEGAL DESCRIPTION - ATTACH 'LF LENGTHY) Anna Koskela (2081 888-245 4 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 1'~~'~ WPGt Cherry Lane; Meridian, Idaho (ADDRESS) Meridian Free Library District; Patricia Younger (208) 888-4451 (APPLICANT) (NAME) (TELEPHONE N0.) 18 East Idaho Avenue; Meridian, Idaho (ADDRESS) Architects Incorporated; Thomas Ensley (208) 345-3561 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 1197 Main Street; Boise, Idaho 83702 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) APPLIATION FOR ANNEXATION APPROVAL & ZONING OR • REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +5~ ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED HY:) ~LLLI u ANNEXATION & ZONING REQUEST 1. Meridian Free Library District 18 East Idaho Avenue Meridian, ID 83642 (208) 888-4451 2. Anna Koskella See Attachment #1. 1323 West Cherry Lane Meridian, ID 83642 (208) 888-2454 3 Notarized request for zoning amendment from titled owner -see Attachment #2. 4. Legal description of property -see Attachment #3. 5. Legal description of all adjoining rights-of--way -see Attachment #3. 6. Present land use -residential -Anna Koskela resides on the property. 7. Proposed land use -public library 8. Present district - R4 9. Proposed district - LO 10. The subject property is within close proximity to existing homes and schools. It is located on a main arterial of the city which makes it easy to find and access. It is the right size to accommodate the building and adequate parking. 11. It is necessary to change the zoning to L0, because the existing R4 zoning does not permit the site to be used as a library. A library is a desirable land use in a residential area with nearby schools. The proposed design is residential in style, so that it will fit nicely into the existing neighborhood as if it had always been there. 12. One map of scale one inch equals one hundred feet -Attachment #4. 13. Thirty copies of map of scale one inch equals three hundred feet -Attachment #5. 14. List of mailing addresses of all property owners within 300 feet of the external boundaries of the land being considered -Attachment #6. • 15. Although the Meridian Comprehensive Plan credits the Meridian Free Library District with being "an anchor to the downtown neighborhood," it also sets out goals "to improve and expand public library facilities and opportunities to meet the neighborhood and community needs of our citizens." The proposed zoning amendment will allow the construction of an expanded library facility which will accommodate policies 7.2U, 7.4U, and 7.SU laid out in the Meridian Comprehensive Plan. The property being considered is in the core area and existing urban area of Meridian. By constructing a larger library facility at the proposed site, the Library District will be able to "expand current collections responsive to community needs and provide patron services consistent with community needs and provide adequate space for library parking," as set out in the Meridian Comprehensive Plan. 16. Check from the Meridian Free Library District in payment of the following fees: $430.00 (fee established by the Council over 1 acre = $400.00 + $15.00 per acre over portion thereof ) 66.74 ($1.42 each x 47 certified mailings $496.74 17. The Meridian Free Library District will post the property one (1) week before the hearing, which will beheld on December 12, 1995. • • AFFIDAVIT OF LEGAL INTEREST STAT1; OF IDAHO COUNTY OF ADA I, ANNA KOSKELA 1323 W. CHERRY LANE (Name) (Address) MERIDIAN (City) IDAHO , 83642 (State) 1. That I am the record owner of the property described on the attached, and I grant my permission to; MERIDIAN FREE LIBRARY DISTRICT To submit the accompanying application pertaining to that property. Dated this 17 day of MAY ~ 19 95 (signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at MERIDIAN My Commission Expires: 1/1/98 NOU-16-1995 16 00 RUBBLE ENGINEERING 1 208 378 032y P.02i02 ~~NE.. • " ~ NUBBLE ENCiNEEi~iNG, INC. y 955<i 8sthe! Court ^ Boise, Idaho 83709 _ 20B1322~8992 • Fax 208137$-0329 PROJECT NO. 9525700 NOVEMBER 18, 1995 REZQNE DESCRIPTION FOR MERIDIAN LIBRARY DISTRICT A PARCEL OF LAND LOCATED INTHE SW1/4 OF THE SWi/4 OF SECTION 1, T.3N., R.1 W., B.M., ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 2, 11, 12 AND THE SAID SECTION 1; THENCE NORTH 89°41'50" EAST, 1060.00 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 1 TO THE REAL POINT OF BEGINNING. THENCE NORTH Oa°28'10" WEST, 38.26 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 2, 01= DUNTEN PLACE SUBDIVISION, AS SAME IS RECORDED 1N BOOK 51 OF PLATS, AT PAGE 5440, RECORDS OF ADA COUNTY, IDAHO; THENCE CONTINUING ALONG THE E~CTERIOR BOUNDARY OF SAID DUNTEN PLACE SUBDIVISION NORTH 00°28'10" WEST, 3fi7.54 FEET TO A POINT; THENCE NORTH 89°41'50" EAST, 264.79 FEET TO THE SOUTHEAST CORN>=Et OF LOT 10, BLOCK 2, OF SAID DUNTEN PLACE SUBDIVISION; THENCE DEPARTENG THE EXTERIOR BOUNDARY OF DUNTEN PLACE SUBDIVISION SOUTH 00°41'24" EAST, 405.81 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SA{D SECTION 1; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 89°41'x0" WEST, 266.35 FEET TO THtr POINT OF BEGINNING. CONTAINING 2.47 ACRES, MORE OR LESS. PREPARED FROM DATA OF RECORD WITHOUT BENEFIT OF A FIELD SURVEY BY NUBBLE ENGINEERING, INC. ~w~ DTP/VW110fifi.01=$ D. TERRY PEUGH, P.L.S. TOTAL P.02 W. YOST COURT • . --.._ ,~ NEW LIBRARY SITE X I CHERRY LANE REZONE APPLICATION N MERIDIAN PUBLIC LIBRARY SCALE: 1" = 100' 1T i•:~. 1 I , ~ r- LIBq ARIAN COVRT YARD ~ ~ ' 1----~ ~ ~+r ^~ ~-1--~ m~ I EC MANIC L I STOR. ~-~-~-•- - I ~ I I 11' ~~ I ~ i i I ~ CONF. r l i t!I}.~~I~.1j~~ }''j~~'' 1''. I I OOKM 01L i-~ ~I; ~~ ~ W6AKT~M. `~ ~~ ~ I ~~ ~ ~ I~ 'I ~ FFIGE ~_ RAC-NCE~ ~ i I' ~ 'I 'll ~ II' I ~ If II _• I 1 I i _ -a c- _ I i ;' I ~, ST R _ ~ 1 ii I I'' ~ ' ~ ` t I I 1 ~ W ~ , I ti! ~ I.1 ~. ~.M C _ 7 ~ T}N~y ~_ _ _ m ~ n =_ i',Ii LOVNGE CMCUL^ATION ~ ~`CATAIOG! ~ III I~ ~' W' I ~ T~ iT I1 ~~~ • ,_~~YOUNG 1 DOLT COMPUTER 1 T ~ STOR. 1 I~ MEN 0 n STOR. OFFICE IU I~I N ~ U IQI - ~ WOMEN ITC HEN MEETING ROOM ~ ~~~ ~ ~; HI EN i ~i ~I \u~ ARENT STORY HOUR S R STOR. • ~. - ~ / II 48~ N ao PARKING i I I I I 1 1 CHERRY LANE Site Plan sc.u ,-~eo L COMM ENT FOR TITLE: INSUF,~~.tv)~ PIONEER TI E COMPANY OF ADA COUNTY (208)313-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A Fiie Number: P139084 PIONEER TITLE COMPANY 8151 W. RIFLEMAN ATTN: SHELLIE ALLEN (PH. 373-3611) TITLE 1NOUIRIES SHOULD BE DIRECTED T0: STUART W. ROMANESCHI SR. TITLE OFFICER (PHONE 373-3658) 8151 W. RIFLEMAN BOISE, ID 83704 2. Pr.l .:,y or Policies to be issued: A. (X] ALTA Owner's Policy, (4-6-90) [] Standard Coverage [X] Extended coverage Proposed Insured: MERIDIAN FREE LIBRARY DISTRICT, ADA COUNTY IDAHO B. [] ALTA Loan Policy, (4-6-90) [] Standard Coverage [] Extended coverage Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4 Title to the fee simple estate or interest in said land is at the effective date hereof vested in: ANNA KOSKELA. FORMERLY ANNA DUNDEN. AS HER SEPARATE ESTATE 5. The land referred to in this Commitment is described as follows: t. Effective Date: MAY 26, 1995 as of 7:30 A.M. OWNBY & CO., INC. 30 E. FRANKLIN MERIDIAN, ID 83680 ATTN: DALE OWNBY Amount $ Premium $ SEE SCHEDULE C • ~MMITMENT FOR TITLE II~Si~AIRlI~E SCHEDULE B -SECTION I File Number P139o84 REQUIREMENTS The following are the req~il~~'111e11ts to be complied with: Item (a) Payment to or fog ilu~ z1ccount of the grantors or mortgagors of the full consideration for the estate or interest t~ ~ h~- Insured. Item (b) Proper instrume~~il~+~ c:reating the estate or interest to be insured must be executed and duly filed for record, to wii C~IIMITMENT FOR TITLE INSUI~ICE SCHEDULE B -SECTION 2 File Number: P139084 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4j Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B-SECTION 2. C. Special Exceptions: GENERAL TAXES FOR THE YEAR 1994, WHICH ARE LIENS, IN THE ORIGINAL SUM OF $ 1,016.52, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL N0. 03-S1201336420 NOTE: THE ABOVE AMOUNT OF TAXES REFLECT A HOME OWNERS EXEMPTION. ANY NEW BUYER MUST RE-APPLY TO THE COUNTY ASSESSOR'S OFFICE FOR SAID EXEMPTION. GENERAL TAXES FOR THE YEAR 1995, WHICH ARE LIENS. ARE NOT YET DUE AND PAYABLE. ANY, RIGHT OR INTEREST IN ANY MINERAL. MINERAL RIGHTS. OR RELATED MATTERS. INCLUDING BUT NOT LIMITED TO OIL, GAS. COAL, AND OTHER HYDROCARBONS. 4. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. CONTINUED P139084 • • 5. LIENS AND ASSESSMENTS OF THE FOLLOWING IRRIGATION DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) - 6. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY RECORDED: APRIL 10, 1985 INSTRUMENT NO.: 8518828 ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 8. THE APPLICATION CALLS FOR AN OWNERS EXTENDED COVERAGE POLICY. THEREFORE, THE FOLLOWING MATTERS MUST BE CLEARED TO THE SATISFACTION OF THE COMPANY BEFORE ISSUANCE OF THE POLICY: A. QUESTIONS OF SURVEY B. RIGHTS OF PERSONS IN POSSESSION C. MATERIAL OR LABOR LIENS D. RIGHTS OR CLAIMS FOR EASEMENTS NOT OF RECORD NOTE: AN ALTA SURVEY PREPARED BY A LICENSED SURVEYOR AND CERTIFIED TO PIONEER TITLE COMPANY OF ADA COUNTY AND TICOR TITLE INSURANCE COMPANY MUST BE SUBMITTED FOR REVIEW AND EXAMINATION. 9. IF THE PERSON MENTIONED IN SCHEDULE A, PARAGRAPH 4, IS PRESENTLY MARRIED, THE SPOUSE MUST EXECUTE ANY CONVEYANCE OR ENCUMBRANCE OF THE SUBJECT PROPERTY PURSUANT TO REQUIREMENTS OF CHAPTER 10, TITLE 55, IDAHO CODE, RELATING TO HOMESTEADS OR WE MUST BE FURNISHED SATISFACTORY PROOF THAT: A. THE SUBJECT PROPERTY IS NOT VESTEE'S OR THEIR SPOUSE'S PRINCIPAL RESIDENCE OR B. PROOF THAT THE VESTED OWNER IS NOT MARRIED END OF EXCEPTIONS NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED. ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. i COMMITMENT FOR•TLE INSURANCE SCHEDULE C File Number: P139084 The land referred to in this Commitment is described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER 35 FEET TO A POINT ON THE NORTHERLY LINE OF A PUBLIC RIGHT-OF-WAY CONVEYED TO ADA COUNTY HIGHWAY DISTRICT BY DEED RECORDED UNDER INSTRUMENT NO. 7714286, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF LOT 10 OF BLOCK 2 OF DUNTEN PLACE SUBDIVISION ACCORDING TO THE PLAT T.-IEREOF FILED IN BOOK 57 OF PLATS, PAGES 5440 AND 5441, RECORDS OF ADA COUNTY, IDAHO: THENCE SOUTH 89 DEGREES 41'50" WEST ALONG THE SOUTHERLY LINES OF LOTS 10, 9, 8 AND A PORTION OF LOT 7 OF SAID BLOCK 2 TO THE NORTHEAST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE SOUTH 00 DEGREES 28'10" EAST ALONG THE EASTERLY LINE OF LOTS 5, 4, 3, 2 AND 1 OF SAID BLOCK 2 A DISTANCE OF 367.54 FEET TO THE NORTHERLY LINE OF SAID RIGHT-OF-WAY CONVEYED BY DEED NO. 7714286; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID RIGHT-OF-WAY TO THE FUINT OF BEGINNING. END OF LEGAL DESCRIPTION ~_1 RADIAL C . a i .._ New ,- ~. f-: Library~~° site" ~' ;g X ~;:~ ~~ REZONE APPLICATION MERIDIAN PUBLIC LIBRARY SCALE: 1" = 300' T N • ~ NOTICE OF 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 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 12, 1995, for the purpose of reviewing and considering the Application of Meridian Free Library District for rezone of approximately 2.47 acres of land located in the SW 1 /4, SW 1 /4, Section 1, T3N, R.1 W, B.M., Boise Meridian, Ada County, Idaho, and which property is generally located North of Cherry Lane, East of NW 13th Avenue. The Application requests a rezone with zoning of Limited Office (L-O). Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of November, 1995. WILLIAM G. BERG, JR., ITY CLERK • L, L. & M.M. Hanson, Co-Trustees Sarah Helgeson & Bryan Donaldson Marshall G. & Claudia J. Most P. O. Box 691 1803 N.W. 13th Street 1785 N.W. 13th Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Robert M. & Kimberly Jo McKinstry Rudy Richard Vaughn Danny & Angela M. Young 1765 N.W. 13th 1745 N.W. 13th Avenue 1725 N.W. 13th Avenue Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Hortencia M. Gonzalez 1705 N.W. 13th Meridian, ID 83642 Jim F. Gabrielson 1625 N.W. 13th Avenue Meridian, ID 83642 Leonard A. & Vera L. P. O. Box b08 Meridian, ID 83680 Charles C. & Joan M. Cloud 1685 N.W. 13th Meridian, ID 83642 Cindy L. Shaffer 1605 N.W. 13th Avenue Meridian, ID 83642 Young Jon C. & Patty A. Powell 1310 Vista Avenue Boise, ID 83705 Greg J. Moothart 1710 N.W. 13th Avenue Meridian, ID 83642 Gary D. & Norma M. Chappell 1345 Yost Court Meridian, ID 83642 Nicholas J. & Kathryn L. Corrall 1300 W. Yost Court Meridian, ID 83642 Janis E. Rogers 1370 W. Yost Court Meridian, ID 83642 Danny A. & Tamyla D. Little 1395 W. Yost Court Meridian, ID 83642 Rodney W. & Kelly E. Kinney 1325 W. Yost Court Meridian, ID 83642 Mary D. Vandeventer 1330 W. Yost Court Meridian, ID 83642 William H. & Teresa Sigrist 4665 N. Porsche Way Boise, ID 83713-0514 Lonnie H. & Susan M. Warren 10050 Senic View Lane Star, ID 83669-5158 James L./Edna F. & Gary L. McDaniel 1610 N.W. 13th Avenue Meridian, ID 83642 Jay M. Mohr 1690 N.W. 13th Avenue Meridian, ID 83642 Phillip W. & Judity Ann Haskell 1365 W. Yost Court Meridian, ID 83642 Phillip V. & Marcella Hurley, II 1305 W. Yost Court Meridian, ID 83642 Scott D. & Lisa Howe 1350 W. Yost Court Meridian, ID 83642 Vicki Jeanne Higginson 1379 W. Radial Court Meridian, ID 83642 Kevin K. & Linda Lee Monette Mary L. Martin, Trustee J. Blair & Becky C. Brannan 1357 W. Radial Court 1343 W. Radial Court 1331 W. Radial Court Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 U Marietta D. Gunn Meridian Assembly of God Christ Lutheran Church P. O. Box 263 1830 N. Linder Road 1406 W. Cherry Lane Meridian, ID 83642-0263 Meridian, ID 83642-1312 Meridian, ID 83642 Stubblefield Development Company 2258 Bradford Avenue Highland, CA 92346 Joint Class A School Dist. #2 911 Meridian Street Meridian, ID 83642 Douglas L. & Denise F. Crabtree 1927 Leisure Lane Meridian, ID 83642 Nila Rae Williams 1917 Leisure Lane Meridian, ID 83642 Terry Lee & Dawn L. Leighton, II 1811 Leisure Lane Meridian, ID 83642 Bill & Carol Longden 1727 Leisure Lane Meridian, ID 83642 Michael L. & Michele B. Gamblin 1927 S.E. Fifth Way Meridian, ID 83642 Michael C. & Patty A. Booth 1841 Leisure Lane Meridian, ID 83642 Gary C. & Victoria L. Weeks 1812 Leisure Lane Meridian, ID 83642 Inez Leone & Ginger Kay Waters 1307 W. Cherry Lane Meridian, ID 83642 Paul R. & Virginia E. Pherigo 2695 W. Victory Road Meridian, ID 83642-6845 John K. Flower 2443 5 Harley Lane Middleton, ID 83644 Sheila Ellen Kildow 1250 W. Cherry Lane Meridian, ID 83642 NOTICE OF 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 p. m., on February 20, 1996, for the purpose of reviewing and considering the Application of Meridian Free Library District for rezone of approximately 2.47 acres of land located in the SW 1 /4, SW 1 /4, Section 1, T3N, R.1 W, B.M., Boise Meridian, Ada County, Idaho, and which property is generally located North of Cherry Lane, East of NW 13th Avenue. The Application reques#s a rezone with zoning of Limited Office (L-O). Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 1st day of February, 1996. WILLIAM G. BERG, J ., CI CLERK REZONE APPLICATION N MERIDIAN PUBLIC LIBRARY SCALE: 1" = 300' . ~ Meridian City Council January 21, 1997 Page 32 Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to adopt Ordinance #749 with suspension of the rules, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Absent MOTION CARRIED: All Yea ITEM #4: ORDINANCE #750 - FARMINGTON ESTATES NO.2 VACATION: Corrie: AN ORDINANCE VACATING THE SUBDIVISION OF FARMINGTON ESTATES NO. 2 RECORDED IN ADA COUNTY, IDAHO ACCORDING TO THE OFFICIAL PLAT THEREOF IN BOOK 45 OF PLATS AT PAGES 3709 AND 3910 RECORDED DECEMBER 27, 1978 AS INSTRUMENT NUMBER 7868376 RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #750 read in its entirety? Seeing none I will entertain a motion on Ordinance #750. Rountree: Mr. Mayor, I move that we approve Ordinance #750 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that we approve Ordinance #750 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Absent MOTION CARRIED: All Yea ITEM #5: ORDINANCE #751 -MERIDIAN LIBRARY REZONE/L-O: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY TO THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE SE %. OF THE SW % OF SECTION 1, T.3N, R.1W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. This is an ordinance with reference to the Meridian Free Library, does anybody in the. audience that would like to have the ordinance read in its entirety? Hearing none I will entertain a motion. Bentley: Mr. Mayor, I move we adopt Ordinance #751 with suspension of rules. Rountree: Second Meridian City Council January 21, 1997 Page 33 Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we adopt Ordinance #751 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -lfeaf~S~ MOTION CARRIED: All Yea ITEM #6: ORDINANCE #752 -EUGENE PETERS REZONE/C-C: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY !N THE CITY OF MERIDIANI WHICH IS DESCRIBED AS THE BEGINNING OF THE POINT WHICH LIES AT THE CENTERLINE OF MERIDIAN STREET 1135.8 FEET SOUTH OF THE NE CORNER OF SECTION 12, T.3N. R.1 W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Tihis is the rezone ordinance of Eugene Peters, is there anyone from the audience that would like to have Ordinance #752 read in its entirety? Hearing none I will entertain a motion on Ordinance #752. Bentley: Mr. Mayor, I move we adopt Ordinance #752 with suspension of rules. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to adopt Ordinance #752 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma - aFee f~-b~eH-f MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING CONTINUED FROM JANUARY 7, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE SUBDIVISION NO. 7 BY STEINER DEVELOPII~NT: Corrie: At this time I will ask the developer or his representative to come to the stand. Steve Bradbury, 300 N. 6th Street, Boise, was sv~m by the City Attorney. Bradbury: Thank you Mr. Mayor and members of the Council, we had delivered to you on Friday a package of materials which the Council requested two weeks ago when this matter was taken up. What you have and I assume that you all have something like this, it starts out with something on my letterhead. What we have got and what we submitted to you were the written comments, written responses excuse me to staff comments and that is the first document you have there. Then behind that are the restrictive covenants or proposed restrictive covenants which would be applicable to p,~g-r~F:.~v f~ ~~°~-~ ~ ~' ~~`~` Meridian, Idaho March 17, 1996 TO: Librarian Patricia Younger and Trustees of the Meridian Library District, Donna Kesner, Chairman FROM: Meridian Historical Preservation Commission RE: Fate of Soon-To-Be-Former Meridian Public Library building The Meridian Historical Preservation Commission encourages the continued commmunity service intent of the building which was originally Meridian's downtown Interurban depot. Members of the Occident Club purchased this building in 1930 and with community support maintained a library and meeting place for the community. We are very interested in the fate of this historic building which was given to the library; and we would like to be on the list of those to be notified as the building, is assessed prior to any bidding process involved in purchasing it. We would like to see future use of the building continue its tradition of public access and benefit. The Meridian Historical Preservation Commission, with the support of the Meridian Historical Society, is asking the City of Meridian to consider funding historical preservation efforts and also seeking the support of the community at large for those efforts. For the Meridian Historical Preservation Commission we are Yours sincerely, Lila Hill Frank Thomason cc: Mayor Bob Corrie, City of Meridian, 33 E. Idaho Ave., Meridian, Idaho 83642 ~ ~ Meridian City Council March 5, 1996 Page 7 ITEM #5: ORDINANCE #726 -MERIDIAN FREE LIBRARY DISTRICT/L-O: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF A CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 1, T.3N, R.1W, B.M. ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #726 read in its entirety? Hearing none I will entertain a motion. Rountree: Mr. Mayor I move we approve the Ordinance #726 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that we approve Ordinance #726 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: FINAL PLAT FOR MORNING GLORY SUBDIVISION NO. 2 BY RUSSELL HUNNEMILLER: Corrie: Staff, comments or questions? Morrow: Mr. Mayor, there was a letter dated today in our boxes tonight from Shari consisting of some eight items. I would like to have her comment on those items please. Stiles: Councilman Morrow, Mayor and Council most of these comments to number 6 were also comments on Morning Glory Subdivision No. 1. I don't believe I have had a response to all of these items yet. Some of them are required prior to signature on the plat. I believe I just have some questions on mostly the landscaping and the draining being accepted by the Ada County Highway District and how that is going to be taken care of. Morrow: You have asked for these items to be reviewed prior to this and you have not had a response is that correct, is that what you are telling us? Stiles: Well if you go though the items one by one, one is actually the tiling of the Eight Mile Lateral that I don't really believe is an issue. This is just the same thing I had on the first one. I think they have always represented they would fence outside of the easement there and had no problem with that. The landscape plan, I don't know how long that is Meridian City Council March 5, 1996 Page 6 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, to postpone, table the covenants, conditions and restrictions for Gemtone Center to March 19, any further discussion? Hearing none, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY MERIDIAN FREE LIBRARY DISTRICT: Corrie: Council you have those findings of fact and conclusions of law in front of you, any questions? Crookston: Those were amended to add a provision for the testimony of that lady that testified at the hearing that had not testified at the Planning and Zoning hearings. That is the only change from the Planning and Zoning findings. Rountree: Mr. Mayor, I move that the Meridian City Council hereby adopts and approves these findings of fact and conclusions. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to amend the findings of fact and conclusions of law for a rezone for Meridian Free Library District be approved, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Tolsma -Yea, Rountree -Yea, Bentley -Yea MOTION CARRIED: All Yea Corrie: Decision? Rountree: Mr. Mayor, I move that the City Council hereby decides for approval of this rezoning request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve the decision, any further discussion? All those approved say aye? Opposed? MOTION CARRIED: All Yea ~J MERIDIAN CITY COUNCIL MEETING: MARCH 5,1996 APPLICANT: MERIDIAN FREE LIBRARY DISTRICT ITEM NUMBER; 4 REQUEST; AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST 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: ,COMMENTS ~~~~ ~~~ ~ ~~ aQQy~ OTHER: II Materials presented at public meetings shall become property of the City of Meridian. • C~ BEFORE THE MERIDIAN CITY COUNCIL REZONE R-4 RESIDENTIAL TO L-O LIMITED OFFICE MERIDIAN FREE LIBRARY DISTRICT NORTH OF CHERRY LANE, EAST OF NW 13TH AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 20, 1996, at the hour of 7:30 o'clock p.m., the Petitioner's representative, Tom Ensley, appearing, and the Meridian City Council having heard and taken written testimony and having duly considered the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 20, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 20, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property, contains approximately 2.47 acres and is located within the City of Meridian and which property is described in the application which description is incorporated herein; the Applicant is not the owner of record of the property, FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 1 • but the owner of record is Anna Koskela; that the property is now zoned R-4; that Applicant is requesting a rezone to L-O Limited Office; that the property is within close proximity to existing homes and schools; that the proposed design is residential in style, approximately a 30,000 square foot structure on West Cherry Lane, which, it is asserted, makes for easy access. 3. That the owner, Anna Koskela has submitted her permission for the rezone. 4. That the owner had earlier requested approval to allow a manufactured home to be erected and remain on the site as a life estate, but submitted an Addendum to the Purchase Agreement stating that the owner withdraws the request for a life estate on a portion of the subject property as well as the withdrawal of locating a modular home on the property. 4. That the proposed land use would be to build a public library, together with parking facilities. 5. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 6. That a public library is permitted use in the L-0 District; the Limited Office Zone requires a conditional use permit for the operation of a library, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 7. That the L-0 District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 2 (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 8. The City Planning and Zoning Administrator submitted comments regarding the rezone request which are incorporated herein as if set forth in full herein; that the comments by the City Planning and Zoning Administrator, Shari Stiles, are that the proposed site plan includes only 62 parking spaces; that a minimum of 75 spaces is required by City Ordinance and are required to be 19 feet deep with a 25 foot driveway; that parking spaces for the handicapped in accordance with the Americans Disabilities Act must be provided; that a detailed, scaled site plan showing all parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard should be submitted for review by and approval of the Planning and Zoning Commission prior to applying for a building permit; that all construction shall comply with the Americans with Disabilities Act; that Cherry Lane is identified as an entrance corridor in the Meridian Comprehensive Plan and careful attention must be paid to the landscaping of this corridor; that one (1) three-inch (3") caliper tree is required for each 1,500 square feet of paving per FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 3 • City Ordinance; that buffering of adjacent residential properties is required (fencing and landscaping). 9. That the Assistant to the City Engineer, Bruce Freckleton, submitted comments; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking, paving and stripping, a drainage plan, and sidewalks, shall all be provided in accordance with City Ordinances; that the paving and striping shall be in accordance with the Americans with Disabilities Act; that sanitary sewer and water services are existing at the proposed site; that the Uniform Plumbing Code requires that separate services be installed for the Library and the mobile home and that the Applicant will be responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage; that additional Assessment fees may be charged to cover the impact. 10. That comments from the Nampa & Meridian Irrigation District, the Meridian City Police and Fire Departments, and FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 4 • • Central District Health Department were submitted and they are incorporated herein as if set forth in full; that the Nampa & Meridian Irrigation District stated that all laterals and waste ways must be protected; that municipal surface drainage must be retained on site; that the District requires that a Land Use Change/Site Development application be filed for review prior to final platting. 11. Tom Ensley testified before the Planning and Zoning Commission public hearing on December 12, 1995 stating that the seller dbes not now request the life estate; that the structure will be a single story and within the 35 foot requirement for this particular zone; that the lighting will be carefully considered because of the fact it is in a residential area; that the driveway now will be along the east boundary and will have 76 parking spaces; that the comments from the City can be complied with; that there will be two (2) entrances off Cherry Lane and that boundary fencing and landscaping will be complied with; that as many trees that can be incorporated will be retained and used in the landscaping; that there will be clock-wise traffic around the structure, entrance to the east of the building and exiting to the west of the building; that there will be a book drop-off box and that the hours of operation to be from 9:00 a.m. to 7:30 p.m. Monday thru Thursday, 9:00 a.m. to 6:00 p.m. on Fridays, and Saturday, from 10:00 a.m. to 5:00 p.m. Mr. Ensley stated that it would be possible that the roadway to the back of the property, which he believes to be the minimum of FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 5 • 22 feet, could be narrowed in order to give additional buffer at that end, creating a greater sound barrier for the residents to the north. 12. Tom Ensley testified before the City Council public hearing commenting that the library site is 2.22 acres; that it is presently the original location of a farm site with a little farm house located near Cherry Lane with a barn and some out buildings; that there is an open irrigation ditch that serves some local deliveries. 13. That the proposed structure will be 30,000 square foot facility; that parking- and driveways will meet all setback boundaries; that the parking provides for 78 stalls including handicap parking; that parking will be just off Cherry Lane and then at the rear or north of the building with a circular drive around the perimeter of the site; that full security lighting on low poles, shielding the nearby residents, will be provided; that this will be 24 hour lighting using a lower level during business hours; that the hours of operation will be Monday through Thursday, from 9:00 a.m. to 7:30 p.m, 9:00 a.m. to 6:00 p.m. on Friday, and Saturday from 10:00 to 5:00 p.m.; that a landscape boundary around the perimeter of the site with screening using heavy landscaping, provided on the east property line as well as fencing; that the six foot cedar fence currently provided on both the west and north sides will remain, and the drainage will be on site as well; that the design of the building will be compatible with the neighborhood; that the roof will be designed with a long sloped FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 6 • roof with dormers to provide the residential character compatible to the neighborhood. Mr. Ensley again reiterated that the request for a life estate occupancy by the property owner has been withdrawn and is no longer an issue. 14. That during the public hearing before the Planning and Zoning on December 12, 1995, testimony was heard and is summarized as follows: 1. Edna McDaniels, who owns the adjacent property stated that she objects to this application if it is going to be a two-story structure; that she wants the library to maintain the fence; that she is concerned that the parking lot is an invitation to kids and loitering and questions whether this will devalue her property. 2. John Powell testified that he generally approves of the application but questions how much buffer will be provided for the adjacent properties and the affect the lighting may have on his residence. 15. Judy Haskell testified before the Council stating her concerns regarding the impact of the lighting and noise. Mr. Ensley stated that the exact height of the light poles is unknown but that the ordinance allows for 35 feet, but he seriously doubts the poles will be that high; that this development is sensitive to the concerns of the neighbors and will meet city ordinance; that the noise level at this stage is difficult to determine; that the concern that this will be a hangout for kids has been discussed and that this facility will be heavily monitored of both exterior, by the facilities design, and interior so that any kinds of congregation problems do not exist; that the rear FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 7 • • setback is approximately 60 feet, from the west is 30 feet, approximately 50 feet to the wall of the children's library and on the east side, 35 feet from the property line; that off the back is located the mechanical room where a small cooling tower will be located which will be screened for sight and sound. 16. That there was no other testimony offered. " CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 8 i • "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: (a ) The L-0 zoning would be harmonious with and in accordance with the Comprehensive Plan. (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c) That the property, if designed and used as allowed in the L-O District and as it presently exists, would be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (d j The L-O use would not be hazardous to the existing or future uses of the neighborhood. (e) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area, however the traffic would be increased more than it would be under R- 4 development. (g) Development in the L-O district, and particularly as planned by the Applicant, would produce the heaviest traffic increase during the week with only the minimum seen on Saturdays and Sundays. FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 9 • • (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. It is further concluded that the comments, recommendation and requirements of the Assistant to the City Engineer will have to be met and complied with. 9. That the comments and requirements of the Planning and Zoning Administrator shall be met and complied with, particularly submitting a detailed, scaled site plan showing all parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard for review by and approval of the Planning and Zoning Commission prior to applying for a building permit. 10. That the requirements of the Nampa & Meridian Irrigation District, shall be met. 11. That all ditches, canals, and waterways shall be tiled as a condition of rezone and if not so tiled, the property shall be subject to de-annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 10 • 12. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN TOLSMA COUNCILMAN ROUNTREE COUNCILMAN BENTLEY MAYOR CORRIE (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT VOTED VOTED VOTED VOTED Page 11 DECISION The City Council hereby decides on approval of this Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved and the fence Ordinance shall be met. MOTION: APPROVED~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 12 Meridian City Council February 20, 1996 Page 11 • Corrie: Thank you Mr. Bentley, any further discussion? Hearing none I shall ask for the vote by roll call. ROLL CALL VOTE: Morrow -Yea, Bentley -Nea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: 3 Yea, 1 Nea ITEM #6: ORDINANCE #725 -JEFF COFFER VACATION OF EASEMENT: Corrie: AN ORDINANCE VACATING A PORTION OF THE EXISTING 20 FOOT UTILITY AND DRAINAGE EASEMENT BY REDUCING THE WIDTH FROM 20 FEET TO 15 FEET WHICH EASEMENT IS IN THE NORTHERLY 20 FOOT OF LOT 6, BLOCK 1 OF CENTRAL VALLEY CORPORATE PARK NO. 1 A RECORDED SUBDIVISION ON FILE IN BOOK 57 OF PLATS PAGES 5332 AND 5333 RECORDS OF ADA COUNTY IDAHO AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like Ordinance #725 read in its entirety? Hearing none I shall entertain a motion for Ordinance #725. Bentley: Mr. Mayor I move we pass this with suspension of rules. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that ordinance #725 be approved with suspension of the rules, roll call vote. ROLL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea MOTION CARRIED: All Yea ITEM #7: ,PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L-O BY MERIDIAN FREE LIBRARY DISTRICT: Corrie: Is there anybody here from the Meridian Free Library District? At this time I will officially open the public hearing. Tom Ensley, 1197 Main, Boise, was sworn by the City Attorney. Ensley: May I borrow the easel? On the very favorable endorsement of the community in November for a new library facility the Library District has selected a site as described here on North of Cherry, East of 13th Avenue, it is a little over 2 acres, 2.22 acres. It is presently the original location of a farm site, there is a little farm house located near Cherry • • Meridian City Council February 20, 1996 Page 12 Lane and then a barn and some out buildings and so forth. There is an open ditch, irrigation ditch that serves some local deliveries. On this site that we are proposing for the rezone we are proposing to construct a 30,000 square foot facility. There will be parking just off of Cherry and then at the rear at the north of the building with a circular drive around the perimeter of the site. Parking, we are providing parking for 78 cars the code requires, according to the code fora 30,000 square foot building it requires 75 parking spaces. That includes handicap parking and those kinds of facilities. On the site we will be providing on site of course retention of drainage. Meeting, we have run the program through ACHD and they have given preliminary approval. We are accommodating all of the setbacks, all of the parking and driveways are within the setback boundaries. We are landscaping we have a landscape boundary around the perimeter of the site. There is presently a six foot cedar fence on both the west and the north sides. We will be providing screening on the east property line. I mentioned that we are, we will have on site drainage, the facility itself, oh yes, I want to address the question about lighting, we will of course be providing full security lighting but it will be on low poles, shielded taking into consideration the fact that it is located within a residential area. We are trying to be very sensitive to that condition. The design of the building again attempting to be compatible with the neighborhood we are designing with a long sloped roof, dormers in the roof to give it again a residential character recognizing of course that there is no way that this size of a building there aren't very many 30,000 square foot houses in the area but it does give it we feel a somewhat of a residential character to be compatible with a neighborhood. It is an excellent location for this kind of a facility close to the schools and we are very excited about this about the potential. So I think that concludes my remarks, if there are questions? Morrow: Mr. Mayor, I have a question with respect to at one time it was my understanding that there was going to be a life estate given to the property owner? Also it is indicated in these findings of fact and conclusions that may no longer be the case. Can you enlighten us on that please? Ensley:. I certainly will, when it was presented initially to the Planning and Zoning well as of the application was made to Planning and Zoning that was the case. However that changed as we presented to the, the very day that we presented to P & Z so we weren't able to indicate that on the site plan. We did not have time, it was located here at the comer but that request was taken away so that no longer is a part of the program. There is no other occupancy requested on this site. Morrow: At this point in time then this will be a clean project to the extent that there will be no residential living on this site. Ensley: Correct, it will be as you see it here. • • Meridian City Council February 20, 1996 Page 13 Morrow: Thank you. Rountree: You indicated the east would be screened you continue the same types of things. Ensley: Yes, it will however be heavily landscaped also but other than a hedge would be difficult to completely screen it with the landscaping. So we will be Tolsma: (Inaudible) putting the light poles on the exterior boundaries (inaudible) Ensley: That could very well be what we are doing. We haven't really, the electrical engineer is just in the process now of laying that out but we have talked at length about that. The sensitivity of being concerned about problems. Tolsma: (Inaudible) six foot fence and the lighting (inaudible) what type of security (inaudible) Ensley: It will be lit, it will have 24 hour lighting, a lower level than would be during business ours. That is another question that came up, I might address that about business hours. They will be in operation, the library will be in operation from 9 a.m. to 7:30 p.m. Monday through Thursday, from 9 a.m. 6 p.m. on Friday, and Saturday from 10 to 5 p.m.. So this will be essentially during daylight and early evening hours. Morrow: Would you cover for me again the residential fence that you are going to screen the residential, what is it composed of? Ensley: The existing residential fences? Morrow: No you are going to incorporate Ensley: We will probably carry the same, they are 6 foot cedar solid cedar fences. So it will probably be similar in character. The property to the east there is not at this point, this residence is set quite a ways away from it from the site. There is quite a distance from this property line and the residence where these residents here are closer to the property line. Corrie: Any further comments are questions? Thank you sir, anyone else from the public that would like to comment this is a public hearing? Judy Haskell, 1365 West Yost Court, was sworn by the City Attorney. • Meridian City Council February 20, 1996 Page 14 Haskell: Just questioning, he seems like he has addressed the lighting issue, but how short is a short light pole? The other question I would have is what kind of noise impact is this going to have on the area. What is the spacing between the building itself and the homes around it, the square footage or whatever you want to call it the space available there. My worst nightmare is that I can imagine air conditioning and everything kicking in in the middle of the night beside the lighting in there in the residential. Corrie: Thank you, anyone else from the public that would like to give testimony on this? Hearing none I will ask that you please come and (inaudible). Ensley: The question about the light poles, I don't know at this point in time if I can give you exact height, the ordinance I believe says 35 feet but I doubt if they will be that high. They will probably, I hate to say at this point, but they will meet the ordinance and again I can only assure that we will be very sensitive to that and they are not going to be up there shining over the neighborhood. Secondly the noise level again it would be difficult forme to give you, I think we are all familiar with city libraries and it will be to the benefit of the library and the community of course it is going to be very heavily monitored and that I know in our discussions the librarian and the board both are concerned this does not become a kids hang out. As we are designing the building the design is for easy monitoring of both exterior and interior areas for that very reason. Again there is a very strong sensitivity to their being any kinds of congregation problems. Morrow: I have a question, with respect to your building setbacks what are the setbacks from the property line? Ensley: Oh yes that is right that was a question. Well from the rear setback we are about 60 feet, from the west setback to this which is a blank wall we are 30 feet, and then from the children's library oh boy probably more like 50 feet, 45 or 50 feet and then on the east side we are 35 feet from the property line. Morrow: A follow up question, placement of mechanical units? Ensley: The mechanical room will be in this location here, and there probably will be a small cooling tower at the back off of the back of the mechanical room. Morrow: And you will screen those for both sight and sound sensitivity? Ensley: Yes Morrow: I have no more questions. L Meridian City Council February 20, 1996 Page 15 Rountree: I have one question, would it be possible to gate your access loop to the back of the building to eliminate pass through traffic in the evening or would it create a safety problem in terms of fire protection? Ensley: It definitely would from a fire protection standpoint. Corrie: The fire department could get a key or whatever they require for that to open that that would be fine. Rountree: If that became an issue that would be a possibility? Ensley: Definitely right. Tolsma: (Inaudible) Ensley: After hours, it would be a definite disadvantage during areas for staff to drive though and so forth, but that would be certainly something we can consider yes. Corrie: Any further questions? Is there anyone else from the public that would like to give any testimony? Hearing none I shall close the public hearing. Mr. Counselor, any comments, any change, significant. Crookston: I think that the testimony has been basically the same as was before Planning and Zoning. I think that I don't have my notes for P & Z right before me. I don't specifically recall Mrs. Haskell testifying her statements could be included in the findings and I think that they probably should but I could do that easily and have you go ahead and approve the Planning and Zoning findings and direct that an ordinance be prepared and I would, if that is the case change (End of Tape) (Discussion Inaudible) Morrow: (Inaudible) incorporated in terms of (inaudible) (Discussion Inaudible) Motion made and seconded to approve the findings of fact and conclusions of law with amendments. MOTION CARRIED: All Yea Motion made and seconded to approve the rezone request. Meridian City Council February 20, 1996 Page 16 MOTION CARRIED: All Yea Motion made and seconded to have the City Attorney.prepare an ordinance. MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION BY .DAVE LEADER: (Discussion Inaudible) Dave Leader, 110 Parkway Drive, Boise, was sworn by the City Attorney. Leader: Mr. Mayor and Councilman, basically this is (inaudible) approved earlier some changes were required because Avest's plans have changed when they decided to put mini-storage to the north (inaudible). So basically.the street (inaudible) changed the street to loop around some. ACHD wanted a second access to the north (inaudible) so that is just of the changes from the original preliminary plat that (inaudible). We have submitted a variance request for lots 3 and 4, for block 3 to (inaudible) radius lots there and (inaudible) they are large lots and one I think is over 8500 square feet and the other is 9000 square feet (inaudible) 6500 minimum square foot lot size. (Inaudible) we had to ask for a variance for those. I don't know if there is any comments that I need to make (inaudible) (Discussion Inaudible) Don Brian, 2070 North Locust Grove, was sworn by the City Attorney. Brian: I think all of you gentlemen know why I am here (inaudible) irrigation problems that I have been experiencing. (Inaudible) there is so much I don't know where to start. This is the first (inaudible) I went through this same procedure and I just (inaudible) concerns of timing and the different things (inaudible). Since then we have had numerous problems, numerous meetings and a lot of (inaudible} trying to get these things taken care of (inaudible). May 19, 1994 Bruce Freckleton (inaudible) until this problem was taken care of. (Inaudible) special meeting by Wayne Crookston and we all talked about what the problem was and what needed to be done. September 15 was the date of the meeting and there was supposed to be a hearing the 21st (inaudible). Well, it was addressed, the problem (inaudible) and he agreed to the the ditch and make the problem go away from me and get my irrigation water (inaudible). Now this agreement came about March 3, 1995 and this is the agreement that Wayne Crookston drew up on how to resolve the problem. (Inaudible) it states on (inaudible) paragraph four on page two says, "where as Leader • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 20.1996 APPLICANT: MERIDIAN FREE LIBRARY DISTRICT ITEM NUMBER; 7 REQUEST; PUBLIC HEARING: REQUEST FOR REZONE FROM R~ TO L-0 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: COMMENTS P ~ Z MNUTES FOR 12-12-95 SEE ATTACHED COMMENTS E`~ ~ ~~ ~ TT~3:T~~Z•~•7„l51 ~~>tf FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS n c~~,~i .I~ ~G ~~ ~~ ~~ ~ ~~ G~~ ,~' I~ +~ ~ ~~ V CN ~~ r~ ~U~~ 1 . I" / V~~ BUREAU OF RECLAMATION: ' OTHER: ~~~ All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission December 12, 1995 Page 14 (End of Tape) The motion was made and seconded to pass on a favorable recommendation for the preliminary plat for Haven Cove Subdivision No. 6 by Tom Eddy. MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING:. REQUEST FOR REZONE FROM R-4 TO L-O BY MERIDIAN FREE LIBRARY DISTRICT: Ensley: (Inaudible) As I say we have reviewed the comments of the City entities, the City Engineer and the irrigation district and so forth and have no problem with any of the requirements. So with that I am open to your questions. Johnson: Thank you very much, what is the elimination there of manufactured home that was going to be there, will that change your entry way at all, do you anticipate that changing off of Cherry Lane? Ensley: No, we will have two entrances off of Cherry Lane. Johnson: So that will remain the same in the same locations? Ensley: Well no, the easterly entrance will of course be down closer to the (inaudible). Johnson: That was my question really, so that will free up more ground for additional parking? Ensley: Yes Johnson: Initially you were there with maybe, with 68 usable or something. Ensley: Yes and this really opens up the project. Will will of course be fully landscaped with buffers and fencing around the perimeter and a berm off of Cherry Lane to set it back. Johnson: I would guess that would be a real plus for you to have that extra space there. Any questions from the Commission? Hepper: Would you address the perimeter fencing and landscaping, some sort of buffer that you may have between the residential areas and this. Ensley: Yes we definitely will be both with landscaping and fencing. • • Meridian Planning & Zoning Commission December 12, 1995 Page 15 Hepper: What type of fencing? Ensley: We haven't gotten to that, we haven't reached that decision as to what type it will be an obscure fencing material and of course it will have to be very upscale to relate tot he character of the building because it will be a custom building and it will certainly be something that is going to be satisfactory to the adjoining property owners. Johnson: I don't recall whether it was addressed, I assume that it was with the engineer's comments. What type of lighting, he makes reference to it here in item #6, what type of lighting do you plan or have you gotten that far? Ensley: We haven't gotten that far. Johnson: (Inaudible) and the direction and type of illumination, you haven't reached that point. Ensley: I haven't reached that point but it will certainly be taken, the location will be very carefully considered because of the fact it is in a residential area. Johnson: Any other questions from the Commissioners? Hepper: The traffic route that goes around the back of the building, is there a specific direction that needs to be travelled on those lanes? Ensley: (Inaudible) it is planned for a future bookmobile that won't be incorporated for some time. The book mobile will come in and with a book mobile garage located on the site. It will be of course clearly marked. Johnson: Is your facility (inaudible) by any kind of drive up? Ensley: No, not at this point. Johnson: For dropping books off? Ensley: Yes for dropping books off, yes. I thought you were talking about check at and so forth. There will be book drop offs. Johnson: That you can do from your car? Ensley: Yes, it will be located in this area here. • Meridian Planning & Zoning Commission December 12, 1995 Page 16 Hepper: What would the hours of operation be do you have any idea? Ensley: I would have to defer that to the librarian who is here with us. Would she have to be sworn in? Johnson: Not if she tells you and you tell us. Ensley: 9:00 to 7:30 Monday thru Thursday, 9:00 to 6:00 on Friday and 10:00 to 5:00 on Saturday. Oslund: The entrance and exit there, the access to the street, those are both going to provide ingress and egress for both of those, they aren't going to be one way in and out? Ensley: No, they will be one way in and out right. Oslund: The access to Cherry will? Ensley: Right, you will come in and exit at that point. Johnson: Any other questions? Thank you very much, this is a public hearing is there anyone from the public that would like to address the Commission on this application. Edna McDaniel, 1610 NW 13th Avenue, was sworn by the City Attorney. McDaniel: I am quite concerned as a property owner because we are the first adjacent one off of Fairview Cherry Lane next to that. What is it going to do to the value of our property and is it going to be a two story building. If so I would oppose because we bought with the vision of the mountains and things and that would block it. Also, we have a fence and I would expect the library or the City to maintain that fence of ours and all the other property owners along there in the good class 1 A condition at all times. I am concerned about the parking will the kids be over there loud after they leave the library. I know they will be silent in the library as they exit what is the atmosphere going to be then. And the lighting, we don't want any crude lighting that will interfere with residences ours and the others along the way. We are adjacent right there and the fence divides and what was the pasture where the horses was. This is what I am concerned about. Is it going to devalue our property or what? Johnson: Okay, is that all you have? Thank you very much? McDaniel: One other, that tree that is there now is a home for Red Tail Hawks and it has been there ever since we have lived here going on five years. I think it should be Meridian Planning & Zoning Commission December 12, 1995 Page 17 maintained. Johnson: Thank you, did I see another hand, yes sir. • Jon Powell, 2773 N Fieldstone Way, was- sworn by the City Attorney. Powell: I currently own a property that backs. up, it is at 1670 NW 13th Avenue, that actually would be backing up to this existing development. Actually I really have a few questions and concerns and possibly the gentleman here tonight can answer them for me. One of those was in regards to the buffer zone that was going to be between this said development and the existing residences that are backed up there as far as how many #eet we are talking about on that buffer zone. Johnson: You have to address the Commission and we will give the applicant an opportunity respond after all the testimony. Powell: Well, that would be my first question. Secondly I would have a concern as far as the lighting on the project is concerned. But, I would say that overall if those two areas of concern are met than I believe that it is beneficial and an asset to the community and is something that would be going on record as being in favor of. Those are really two points of concern that I do have. Thank you. Johnson: Thank you, anyone else want to address the Planning & Zoning Commission at this point on this application? Would the developer's representative, architect have any comments at all to the questions raised by the two people that testified? You are not required to it is just if you have some answers. Enstey: To answer the question, it is a single level and we will be within the 35 foot requirement for that particular zone. As I said before the fencing, we will be most happy to work with the property owners and we want to make this to accommodate them also. And the question about the buffer I believe there is about 7 feet between the driveway and the property line. The fence and trees and landscape material in that buffer zone. I talked about the lighting and we are going to be most sensitive to the lighting situation. Our lighting engineer is very familiar with this type of project. I can't really answer the question about the valuation of the property. A library is a real asset to a community but a realtor would probably have to answer that question. The existing tree, we are going to try and retain some of those existing trees there in the berm area out in front. I can't promise exactly how many of them we will be able to save but there are some fine old trees there. We are sensitive to that also I believe. Also of course the question about the kids, obvious it is for young people and the schools are nearby and there will be young people there, we have discussed that and the librarian and her staff are very concerned about that . • Meridian Planning & Zoning Commission December 12, 1995 Page 18 themselves and they will be monitoring it very carefully. Monitoring the driveway the exterior because that will not be any benefit to them either to have it be a problem situation. I think that addresses most of the issues. As I close I would like to, I trust that you wilt look with favor on us we are anxious to get the construction documents done and get out for an early bid opening. Johnson: Thank you, before I close the public hearing does anyone have any further comments? McDaniel: The tree that I was referring to is a home for those Red Tail Hawks which is an endangered species. I didn't know whether you were aware of that or not. Alidjani: Is it just one tree or a whole bunch of trees. McDaniel: It is the home of several birds but especially the Red Tail Hawks and they come back here every year to nest. The traffic, is it going to exit next to us or enter? Is it going to go clear around there and make a loop? Johnson: The exit is on the east and the entrance is on the west side. (Inaudible) Can you point that out? (Discussion Inaudible) Oslund: Mr. Chairman, I have a question for the developer's representative. I want to make sure that you get plenty of exercise tonight. Just real quick, the roadway widths going to and from the back of the property line, are you using the minimum width? Ensley: I believe they are 22 feet. Oslund: I guess what I am getting at is possibly if you were looking to get more buffer area if that could be narrowed? Ensley: It could be possibly narrowed. Oslund: Also, in terms of, it sounds like there has been some concern raised about noise, it is possible that the materials considered for the fence would include something that would mitigate noise? Ensley: Some kind of sound barrier, yes that is very possible. Oslund: Thank you • Meridian Planning & Zoning Commission December 12, 1995 Page 19 Johnson: Any further comments from the Commission? At this point I will close the public hearing and ask you what you would like to do. Shearer: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law. Alidjani: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law for item #10 request for rezone by Meridian Free Library District, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: For you Edna and others that may not know, the next step is like we handled items tonight on 5, 6 and 7 the City Attorney prepares findings of fact which incorporates your testimony and others and then we approve those or change them and amend them whatever and then send them onto City Council. At that point there is another public hearing at City Council. So you will have another opportunity after the findings of fact are approved and once they are approved they are available to anybody that wants to come down and pick them up at City Hall. That incorporates what we have said here tonight. So your testimony will be a matter of record. I just wanted you to know that. ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR JAMES PLACE AT ASHFORD SUBDIVISION BY BRIGHTON CORPORATION: Johnson: At this time I will open the public hearing and invite the applicant's representative to come forward and address the Commission. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman I wonder if perhaps the order of this might first be the conditional use permit consideration which would really be #12 because the conditional use permit is probably pre-requisite to the preliminary plat approval. Johnson: I think that is a good recommendation I dully note that as well. We will now then address item #12 on the public hearing and I will open that public hearing and item #11 will follow. Wardle: If you will give me a moment to take a whole bunch of exhibits out of a box. • HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chfef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer C~ Re: NEW LIBRARY SITE by The Meridian Free Library District (Request for Rezone from R-4 to L-O) GOUNGIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER December 8, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: • GENERAL 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-6QS.M. Plans will need to be approved by the appropriate imgation/drainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 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 5-7-517. Wells may be used for non-domestic purposes such as landscape imgation. 3. Off-street pazking 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. 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. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street pazking azeas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any neazby residential azeas and in accordance with City Ordinance Section 11-2-414.D.3. 11B12ARY.P&Z • • ~ Mayor and Council December 8, 1995 Page 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. SITE SPECIFIC COMMENTS: 1. Sanitary Sewer and Water services are existing at the proposed site. The Uniform Plumbing Code requires that separate services be installed for the Library and the mobile home. Applicant will responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage. Additional Assessment fees may be charged against this account to cover the additional impact. Applicant will be required to enter into a Re-Assessment Agreement at this time. LIBRARY. P&Z • HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: TO: Plannin~&, Zoning Commission/Mayor and City Council FROM: Shari Stiles, PBcZ Administrator COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER December 12, 1995 SUBJECT: Request for Rezone to L-O by Meridian Free Library District The Meridian Free Library District is requesting a rezone to L-O to permit construction of a 30,000-square-foot building on West Cherry Lane. This request is in general compliance with the Meridian Comprehensive Plan. The Comprehensive Plan states that the library is an anchor to the downtown neighborhood. Efforts to find suitable parcels in the downtown core area were unsuccessful. This site on Cherry Lane is an excellent location (near neighborhoods, schools), but space is limited. Although the request is for a rezone, and not a conditional use permit, the following should be considered in reviewing this request: Proposed site plan includes only 62 parking spaces. A minimum of 75 parking spaces is required per City Ordinance 11-2-414.E. A variance application would need to be submitted for approval by the City Council to allow less than required parking. Handicap parking spaces are to be provided in accordance with the Americans Disabilities Act. Other parking stalls are required to be 19' deep with a 25' driveway. 2. A detailed, scaled site plan showing all parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards should be submitted for review by and approval of the P&Z Commission prior to applying for a building permit. 3. All construction shall comply with the Americans with Disabilities Act. 4. Applicant has requested approval to allow a manufactured home to be erected and remain on the site as a life estate for Mrs. Koskela. This would require a special exception from the City Council and/or a variance. • Planning & Zoning Commission, Mayor and Council December 12, 1995 Page Two 5. As Cherry Lane is identified as an entrance corridor in the Meridian Comprehensive Plan, careful attention must be paid to the landscaping of this corridor (berming, trees, sod, etc.). 6. One (1) three-inch (3") caliper tree is required'€or each 1,500 square feet of pavir~g__per City Ordinance. 7. Buffering of adjacent residential properties is requited (f~:-i~tg and landscaping), . C~Op~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN REZONE R-4 RESIDENTIAL TO L-O LIMITED OFFICE MERIDIAN FREE LIBRARY DISTRICT NORTH OF CHERRY LANE, EAST OF NW 13TH AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing December 12, 1995, at the hour of 7:30 o'clock p.m., the Petitioner's representative, Tom Ensley, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 12, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 12, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property, contains approximately 2.47 acres and is located within the City of Meridian and which property is described in the application which description is incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 1 • • herein; the Applicant is not the owner of record of the property, but the owner of record is Anna Roskela; that the property is now zoned R-4; that Applicant is requesting a rezone to L-O Limited Office; that the property is within close proximity to existing homes and schools; that the proposed design is residential in style, approximately a 30,000 square foot structure on West Cherry Lane, which, it is asserted, makes for easy access. 3. That the owner, Anna Koskela has submitted her permission for the rezone. 4. That the owner had earlier requested approval to allow a manufactured home to be erected and remain on the site as a life estate, but submitted an Addendum to the Purchase Agreement stating that the owner withdraws the request for a life estate on a portion of the subject property as well as the withdrawal of locating a modular home on the property. 4. That the proposed land use would be to build a public library, together with parking facilities. 5. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 6. That a public library is permitted use in the L-O District; the Limited Office Zone requires a conditional use permit for the operation of a library, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 7. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 2 (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional .use.. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 8. The City Planning and Zoning Administrator submitted comments regarding the rezone request which are incorporated herein as if set forth in full herein; that the comments by the City Planning and Zoning Administrator, Shari Stiles, are that the proposed site plan includes only 62 parking spaces; that a minimum of 75 spaces is required by City Ordinance and are required to be 19 feet deep with a 25 foot driveway; that parking spaces for the handicapped in accordance with the Americans Disabilities Act must be provided; that a detailed, scaled site plan showing all parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard should be submitted for review by and approval of the Planning and Zoning Commission prior to applying for a building permit; that all construction shall comply with the Americans with Disabilities Act; that Cherry Lane is identified as an entrance corridor in the Meridian Comprehensive Plan and careful attention must be paid to the landscaping of this corridor; that one (1) three-inch (3") caliper tree is required for each 1,500 square feet of paving per FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 3 • City Ordinance; that buffering of adjacent residential properties is required (fencing and landscaping). 9. That the Assistant to the City Engineer, Bruce Freckleton, submitted comments; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that s#~~n~h off-street parking, paving and ~s~-i-~g, a drainage plan, and sidewalks, shall all be provided in accordance with City Ordinances; that the paving and striping shall be in accordance with the Americans with Disabilities Act; that sanitary sewer and water services are existing at the proposed site; that the Uniform Plumbing Code requires. that separate services be installed for the Library and the mobile home and that the Applicant will be responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage; that additional Assessment fees may be charged to cover the impact. 10. ,That comments from the Nampa & Meridian Irrigation District, the Meridian City Police and Fire Departments, and FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 4 • Central District Health Department were submitted and they are incorporated herein as if set forth in full; that the Nampa & Meridian Irrigation District stated that all laterals and waste ways must be protected; that municipal surface drainage must be retained on site; that the District requires that a Land Use Change/Site Development application be filed for review prior to final platting. 11. Tom Ensley testified before the Commission that the seller does not now request the life estate; that the structure will be a single story and within the 35 foot requirement for this particular zone; that the lighting will be carefully considered because of the fact it is in a. residential area; that the driveway now will be along the east boundary and will have 76 parking spaces; that the comments from the City can be complied with; that there will be two (2) entrances off Cherry Lane and that boundary fencing and landscaping will be complied with; that as many trees that can be incorporated will be retained and used in the landscaping; that there will be clock-wise traffic around the structure, entrance to the east of the building and exiting to the west of the building; that there will be a book drop-off box and that the hours of operation to be from 9:00 a.m. to 7:30 p.m. Monday thru Thursday, 9:00 a.m. to 6:00 p.m. on Fridays, and Saturday, from 10:00 a.m. to 5:00 p.m. Mr. Ensley stated that it would be possible that the roadway to the back of the property, which he believes to be the minimwn of 22 feet, could be narrowed in order to give additional buffer at FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 5 that end, creating a greater sound barrier for the residents to the north. 12. That there was testimony from Edna McDaniels, who owns the adjacent property; that she objects to this application if it is going to be a two-story structure; that she wants the library to maintain the fence; that .she is concerned that the parking lot is an invitation to kids and loitering and questions whether this will devalue her property. 13. John Powell testified that he generally approves of the application but questions how much buffer will be provided for the adjacent properties and the affect the lighting may have on his residence. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 6 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: (a ) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan. (b) The area included. in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c) That the property, if designed and used as allowed in the L-0 District and as it presently exists, would be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (d) The L-O use would not be hazardous to the existing or future uses of the neighborhood. (e) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 7 i • (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area, however the traffic would be increased more than it would be under R- 4 development. (g) Development in the L-O district, and particularly as planned by the Applicant, would produce the heaviest traffic increase during the week with only the minimum seen on Saturdays and Sundays. (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) The praposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. It is further concluded that the comments, recommendation and requirements of the Assistant to the City Engineer will have to be met and complied with. 9. That the comments and requirements of the Planning and Zoning Administrator shall be met and complied with, particularly submitting a detailed, scaled site plan showing all parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 8 for review by and approval of the Planning and Zoning Commission prior to applying for a building permit. 10. That the requirements of the Nampa & Meridian Irrigation District, shall be met. 11. That all ditches, canals, and waterways shall be tiled as a condition of rezone and if not so tiled, the property shall be subject to de-annexation. 12. That proper and adequate access. to the property is available and will have to be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City -~e~ei~ of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT VOTED VOTED t~t'9 VOTED VOTED VOTED Page 9 • • DECISION The Meridian City Planning and Zoning Commission hereby recommends approval of this Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact. and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including-that all parking areas shall be paved and the fence Ordinance shall be met. MOTION: APPROVE ~ DISAPPROVED: ~.-g. 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 10 OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, Clty Traeeurer GARY D. SMITH, P.E. City Enplnesr BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 8. STILES, P 6 Z Adm. KENNETH W. BOWERS, FlreChls} W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Btulding Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P fi Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHATIMHEPPERREE G1tAIV'i' P.ICINGSFORD IV b V ~ J j~~~ Mayor Cd'H'Y ®F ~~~~~~N TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 5, 1995 TRANSMITTAL DATE: 11/20/95 HEARING DATE: 12/12/95 REQUEST:. Rezone from R-4 to L-0 BY: Meridian Free Library District LOCATION OF PROPERTY OR PROJECT: North of Cheny Lane, East of NW 13th ®venue JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELI FINAL PLAT) BUREAU OF RECLAMATI LIM 8 FINAL PLAT) CITY FILES ~ ~ ~'~ OTHER: .~ YOUR CONCISE REMAR • HUB OF TREASURE VALLEY • WILLIAM G. BERG, Jr., CIry Clerk JANICE L. GASS, CIry Troasurer GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Watsr Worka Supt. JOHN T. SHAWCROFT, Wasts Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 2 Adm. KENNETH W. BOWERS, FIroChlaf W. t_ "BILL" GORDON, Pollcs Chlef WAYNE G. CROOKSTON, JR., Attomsy 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Deparnnent (208)887-2211 GRANT P. KIIYGSFORD >~ P 6 Z COMMISSK)N JIM JOHNSON, ChNrman MOE ALIOJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~ecember 5, 1995 TRANSMITTAL DATE: 11/20/95 HEARING DATE: 12/12/95 REQUEST: Rezone from R-~4 to L-O BY: Meridian Free Library District LOCATION OF PROPERTY OR PROJECT: North of Cherry Lane, East of NW 13th Avenue JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLA~~~~ ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH l1 ~ l; 0 5 1995 SETTPLERS RIR GATION DISTORICTSTRICT r~IT~' ~~, 1d'i0;~41U1ti IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: I~-' `~ `gS YOUR CONCISE REMARKS: a''~ /Vo-f uz.F_ ~F th.~ 1'nc9bi L~ l orrt.~ ! CITY PLANNER Tti .eh w ~ lc., ,t,,t e to m.e ~e ~ ~-(~ e o %J ~ s~ C.J~LLlU~~ f-H~/Z?G'hf /Vu~bQ~ D F,'RE h raa•t~ S o X012 Fi~E'- Flog.) o ~" w~ .e~2~ ~; 5 ~ ~- COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW Q~rt.iREMQ~v f S , ~~lS~ 01 ~ A Good Place to Live CITY OF MERIDLAN .~ ~ ~ ~ ° A N c w ~cw N ~ o ° ~ ~• n G ~7 ~ ~ ~ n. A ~ zs c ~ E ao O CrJ C+7 r1' „ ~ o °' ^ vo 5.00 "'4 ~ ~`e ^'O a N~-'~ ~ o o `~ ~c ~ O ~~ ~• .o ~ ?:a ~. 3Z K~~•m m $.~ 3ye ~~ m ^ o ~cp Q „~.~~ ~'R Z 0'0~° 9~ ~~•~~ m ~~ ~ gP yg O°~3 x.25 ~ f ~ ~ $~ c vm ~ N w ~ c ~ ~ co ~owo ~. B c ,,, ° ~ S mo ~~5. ~ ~°c°i °g~; cg ~H~ 3~ ~ ° xo c w5 d 3 5'~ ~~~ m ~ ~•~Q ~3 ~° ~ "^ c ~~ 3 ?~a~ N 0Wd ~ a•wv ~ ~ E ~ 3 b' °~' ~ ~ ~ 3~ ~~ QE r ~~ ~~•~, ~g ~,£ ic'E 'y ~ o x ^ ~ (~ N ~ -~• g °^ o.~ a Z H~ ~ F~ ~^ ~ ~ ~ ~ ~ ~ ~ H yo• c ~EwF N ~° ~^0 5E ~~ $~ ~~ R° ~G y ~ r Q. n ~j ~ ° ~1 ~j. 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J W b a N ~ 00 ~ W D A O ~ U b A ~ D t I~ W O O C O J O ~ A O ~ ~ ~ Q pp~~ pp pp pp pp Qpp~~ t pppp QtQ~~ O yy pp pp pp pQ8 p Qp pQ QQ p p p O G~ G G O O O O O O O O O O G . . AQ pp pp pQ O G O G p l Np pp yp Qa p v O O O O~ f. S o8o tJ~pJ J8J tT~7Op,~, O~OB~t~~w put~A;g~AAp AA8 0000000000 0 cw~~w ~Wii 8W 000 tN~~pNNgN t~~~~pp OpOOGO S'~ ~;t ~j 000 000 ~~ p w N ~~~ v m z x a T m O ~' m ~ ~m v ~ ~ _ ~ G O W ~ ~( n 7 O ~ N D ~ . W ~ v ~ Z W C v_ ~ Z = N t 3 m 0 m a~ ~ ~• A~ ~~ a r$ ~ ~g~ g~ a ~ Z sw ° ~~ ~ OO ~~ 77// ~ '" ~ ~ ~ m • -• ~ ~'',~ 3, EE, a, - 6 ~ 7 C ~c ~ ~~~ Q C e ~~ G n 'D e ~u ~ a =~ ~` r, ~ w °" ~ 5 V 5. $a 3 C ~ g•g ~~ ~ a a 3• ~~ ~ o aF ~e 5 ~ x ~ ~ E • oc~n~ JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary ~~ ~~ ~`~ 0 8 ~~~~ January 5, 1996 TO: Meridian Free Library District Attn: Patricia Younger 18 E. Idaho Avenue Meridian, Id 83642 FROM: Karen Gallagher, Coordinator Develo ment Services Divisionl P , SUBJECT: MRZ-8-95 Cherry Lane e/o NW 13th Avenue Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 3, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian Thomas Ensley-1197 Main 83702 ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MRZ-8-95 Cherry Lane east of 13th Rezone from R-4 to L-O Meridian The applicant is requesting rezone approval from R-4 to L-0 for the construction of a 2,500 square-foot public library. The 2.47-acre site is located on the north side of Cherry Lane east of 13th Street. This development is estimated to generate 100 additional vehicle trips per day depending on the use. Roads impacted by this development: Cherry Lane ACRD Commission Date -January 3, 1996 - 12:00 p.m. er ,~ - , ITE ~! ~' Pine ~ ~ ~ ~ E ~~ ~ ~ ,~ ~~ ~; `~ .T___ ~~/ ~ i i'ce' ~~ ~ i ~ '~, ~ ~~ j REZONE APPLICATION MERIDIAN PUBLIC LIBRARY SCALE: !" = 300' Facts and Findings: A. General Information • R-4 -Existing zoning L-0 -Requested zoning 2.47 -Acres 2,500 -Square feet of proposed building n/a -Square feet of existing building 0 -Total lineal feet of proposed public streets (approx) 263 -Traffic Analysis Zone (TAZ) West Ad a- Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Cherry Lane Minor arterial with bike route designation Traffic count of 12,138 on 9-11-95 265-feet of frontage 74-feet existing right-of--way No additional right-of--way required Cherry Lane is improved with 5 traffic lanes with curb, gutter and sidewalk. B. There are two existing 18-foot wide curb cuts to the parcel. One curb cut is near the west property line. The other curb cut is 130-feet west of the east property line. Redevelopment of this site should include curb return approaches and replacement of any unused curb cuts. Across access easement or a shared driveway may be required for the abutting parcel to the east. Restrictions on the width, number and locations of driveways, as required by District policy, will be placed on future development of this parcel. C. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development. D. This application was scheduled for a public hearing by the Meridian Planning and Zoning Commission on December 12, 1996. Page 2 MRZ895.WPD • • If the rezone is approved and development proceeds, the District will provide the following recommendations, in addition to any additional recommendations that may apply upon District review of future development, to Meridian City. Site Specific Requirements: A cross access easement or shared driveway may be required for the abutting parcel to the east. 2. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 3. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request hs all specifically id n i each requirement to be reconsidered and include a written planation of why such a requirement would result in a substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall ~ecificaliy id -n i each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ~• 3. Aright-of--way permit must be obtained from ACRD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utili , treet cuts in roads laved wi hip the last five years will not be allowed unless approved by the District Commission. Contact Construction Services at 345-7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Page 3 MRZ895. WPD • Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be al- lowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on Page 4 MRZ895. WPD ' , • . ~ ~ speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Development Services Staff Page 5 MRZ895. WPD ~~urn to: ^ Boise ~; ": ~, ~ _ ~:a~!'~; ^ Eagle ~~ Y m c ~ ~ ~^ Garden city Rezone # ,~ ~~- L O ~~;: ~5 r: ~ -~:,.d:~t Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ CENTRAL CEN1"RAL DISTRICT HEALTH DEPARTt°IENT •• DISTRICT Environmental Health Division ~HEAETH .y 4~s, _, DEPARTMENT ^ I . 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. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage 'central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,, ~~ 15. ;~sr~/~fdy`rN`~"72 ,,~s9~/~G'~ME~ f.;C t,~.,~/.~9~'/ Df1'T/,~i•~S Date: ~ l 2 l1~ ~~ A-~'77~+~ fr ~> Reviewed By: Review heet CDND ID/91 rcb, rev. I/95 CENTRAL •• DISTRICT ~THEALTH DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL. • BOISE, ID. 83704 • (208) 375-5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONIlVIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers .and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 107 N. Armstrong PI. Boise, ID. 83104 Enviro. Health: 327-1499 Fatuity Planning: 321.7400 Immun¢afions: 327-1450 Nutrition: 327-7460 WIC: 321-7488 valley counh office P.0. Box 1448 McCatl, ID. 83638 Ph. 634-7194 WIC Boise -Meridian Elmore County OMke Elmore County Office 1606 2oberts 520 E. 8th Street N. of Environmental Heath Boise, ID. Mountain Home, ID. 190 S. 4th Sheet E. 83105 Ph.334-3355 83647 Ph. 581-4407 Mountain Home, ID. 324 Meridian, ID. 83641 Ph. 587-9225 83642 Ph. 888-6525 x OFFICIALS • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place t0 Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN ROBERT D.CORRIE WALT W. MORROW P ti 2 COMMISSION 33 EAST IDAHO JIM JOHNSON, Cnalrman MERIDIAN IDAHO 83642 MOE AUDJANI , JIM SHEARER CHARLIE RWNTREE Phone (ZOS) 888433 • FAX (208) 887-4813 ~ ~ ~] ~ ~ ~ ~ U L1 L/ Public Works/Bttikling Depsr0lornt (ZOB) 887-2211 D p TIM HEPPER GRANT I~ NGSFORD N O V 2 2 1995 ~ ' WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 8. STILES, P R 2 Adm. KENNETH W. BOWERS, FIro Chlsf W. L. "SILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:.Oecember 5, 1995 TRANSMITTAL DATE: 11/20/95 HEARING DATE: 12/12/95 REQUEST: Rezone from R-4 to L-O BY: Meridian Free Library District LOCATION OF PROPERTY OR PROJECT: North of Cherry Lane, East of NW 13th JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT ,-CITY ATTORNEY CITY ENGINEER -CITY PLANNER irrigation water be made ava MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM r~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site. Nampa & Meridian Irrigation District must able to a s within this lllstric Nampa & Meridian Irri ation District requires t at a an se ange ite Development application be filed for review prior to ina p atting. ontact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District .N f,..s ttl ~:." DEC 0 b 1J~a ~:~ ~ ll (1~ i ~~:~g~~m~A K • • '!'la~iyia, & ~li~ld.~a~s ~Ifin yatio~ ?~ca~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 4 December 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Patricia Younger Boise 343-1884 Meridian Free Library District SHOP: Nampa 466-0663 18 East Idaho Avenue Boise 345-2431 Meridian, ID 83642 RE: Land Use Change Application for Meridian Public Library (new Dear Ms. Younger: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore a'c the District's office or John Anderson, the District°s Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Anna Koskela Thomas Ensley - Architects Incorporated City of Meridian enc. ~~n~~( APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 LJ Meridian City Clerk City Hall Meridian, ID 83642 Dear Mr. Clerk, • August 4, 1995 Friends of the Meridian Library Respectfully the Friends of the Meridian Library request permission for the use of Storey Park on September 30, 1995. Purpose A community event to promote the Friends of the Meridian Library, and focus attention on the upcoming November 7, 1995 bond issue for a new library. Proposed Activities 1. Story telling by community volunteers, no charge. 2. Face painting, nominal fee. 3. Jugglers and Magicians, no charge. 4. Food Concessions, proceeds to benefit Friends of the Meridian Library. 5. Book Concessions, fee to set up booths to benefit Friends of the Meridian Library, proceeds to be kept by participants. 6. Musical groups, mainly student groups from Meridian High School, no charge. 7. Information booth on bond issue. 8. Contest for best costume of favorite author or book character. As Friends of the Library we feel that the entire community will benefit from a larger and better equipped library facility. We look forward to holding this event in support a new library. Thank you for your consideration. S' ly, ~ ~ lJl~~ V Pam Wood Betsy Buc y 888-7949 888-9607 OPTION TO PURCHASE A~ENDUM # 2 (1, 2, 3, etc.s THIS IS AN ADDENDUM TO A PURCHASE AND SALE AGREEMENT. READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS, CAREFULLY, BEFORE SIGNING. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. This is an ADDENDUM to the Real Estate Purchase and Sale Agreement and Receipt for Earnest Money: 2 3 a Earnest Money Dated: May 31 19 95 ID # 301698 5 ADDRESS; 1323 W• Cherry Lane, Meridian, Idaho 6 BUYER(S) Meridian Free Library District, Ada County, Idaho 7 SELLER (S) Anna Koskela 8 The undersigned Parties hereby agree as follows: 9 'lliL~._1_S _AZLAMENDMENT TO THE ORIGINAL OPTION TO PURCHASE AGREEMENT 10 11 '~e_~~11er hereby~,grees to withdraw the request for a life estate on a portion 12 of the subject property (48' X 120' in the southeast corner), and also, hereby agrees 13 to withdraw the request to locate a modular home on the subject property. 1a All ether terms and conditions shall remain the same 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • C~ KIST LUTHERAN CHURCH 1406 W. Cherry Lane, Meridian, ID 83642-1517 Rev. Thomas R. Schoenborn Phone (208) 888-1622 RECEIVED February 19, 1996 FEB t0 1996 William G. Berg, Jr., City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 CITY OF ~iFI~iD~l RE: REZONE APPLICATION, MERIDIAN PUBLIC LIBRARY Dear Mr. Berg, The Board of Directors of Christ Lutheran Church reviewed the Notice of Hearing referenced above and voted to support this application. As President of the Congregation, I was directed to write a letter in support of this application. The Board of Directors considers the rezone to Limited Office as appropriate for this area of Meridian and compatible with the neighborhood. The Board of Directors favors this request and recommends approval by the City of Meridian. rely, st M. Hein ident APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this _~~~ day of , 1995. COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED VOTED VOTED VOTED VOTED VOTED. DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - • • Meridian Planning & Zoning Commission January 9, 1996 Page 2 table items 1 through 4 until our next regular meeting on February 13 as representatives from all of these have requested that they be tabled until next month. Johnson: Shari would you comment on item number one please? Stiles: Yes, Chairman Johnson, the applicant had submitted a new preliminary plat however he didn't have time to get all of the information required on that plat so I believe they will be re-submitting this month for the February meeting. Johnson: Thank you Shari, we do have written requests on items 2, 3 and 4. So we have a motion is there a second? MacCoy: Second Johnson: Seconded by Mr. MacCoy, all those in favor of tabling items 1 through 4 say aye. Opposed? MOTION CARRIED: All Yea Johnson: Those were tabled to a date certain which is the next regularly scheduled meeting which February 13, 1996. ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST FROM R-4 TO L-0 BY MERIDIAN FREE LIBRARY DISTRICT: Johnson: Are there any corrections, deletions or comments regarding these prepared findings of fact and conclusions of law? Hepper: Mr. Chairman, we have a small correction on page 9, under the approval of the findings, second line, the word Council should be struck. Johnson: So noted, also on page 4, middle of the page, I believe that is striping not stripping, is that correct Counsel? Crookston: Yes Johnson: Then I had a question regarding the testimony. As I recall there was a lady whose name escapes me but I will get it for you, that expressed some concern about a redtail hawk I believe, it was nesting in the tree. I actually think that should be part of the testimony included in the findings of fact. I don't see it in here, I believe her name was Edna McDaniels. ~ ~ Meridian Planning & Zoning Commission January 9, 1996 Page 3 Crookston: That was her name Mr. Chairman. Johnson: Are there any other corrections or deletions to that? If not I would entertain a motion to have those approved with the additions and corrections. Shearer: Mr. Chairman, in regard to that, I believe that part of her statement was that the redtail hawk was an endangered species. I don't believe that is a fact. Johnson: I think we should note that it was brought up however and not just ignore that comment and that is my point. Shearer: I agree with what you are saying but I am not sure that we state that as a fact. It should either be researched or something. Johnson: I would like to see reference made to the bird. Shearer: I have no problem with that. Johnson: We need a motion. Shearer: Mr. Chairman, I move the Planning & Zoning Commission of the City of Meridian hereby adopts these findings of fact and conclusions of law including the two amendments that we just mentioned. Hepper: Second Johnson: We have a motion by Commissioner Shearer and a second by Commissioner Hepper to approve the findings of fact with the corrections so stated, this is a roll call vote. ROLL CALL VOTE: Hepper -Yea, Osiund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass onto the City Council at this time? Shearer: Mr. Chairman, I move the Meridian City Planning & Zoning Commission hereby recommend this rezone request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property be required to meet all city ordinances regarding safety, sewer, water requirements etc. • • Meridian Planning & Zoning Commission January 9, 1996 Page 4 Hepper: Second Johnson:. We have a motion and a second to pass a recommendation onto the City Council as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: All Yea Oslund: I may have missed something and pardon me if I did, there was one thing I wanted to bring up on that application and it may be too late. Johnson: Does it have to do with the findings of fact or just the application? Oslund: I believe it has to do with the findings of fact. Johnson: The only way you can address that is with a withdrawal of the motion that we just voted on. Oslund: Well, I would appreciate it if you would do that just this one time, next time I will do better at this. Johnson: Commissioner Shearer? Shearer: What is your problem, we can listen to your problem. Johnson: Okay, go ahead let's have the discussion and see whether he wants to withdraw the motion or not. Oslund: The only issue, I went out and looked at the site between the last meeting and this meeting. The only concem I have, and would think that it would be a condition probably or possibly is that the applicant talked about doing a one way in and out arrangement for the access to this property. The exit was the driveway to the east. Currently the property owner immediately to the east has quite a bit of landscaping immediately abutting the back of (inaudible). From what I can tell with that kind of arrangement, the site distance is going to be very much restricted and so that was my concern that there wouldn't be adequate site distance to provide for safe exiting of that property. There are a couple of possible solutions I can guess but that is the issue and if you are willing, if you believe it is worthwhile then I think we need to go back. Shearer: I would think that would be covered by our codes, the neighboring landscaping presents a hazard or if any landscaping presents a hazard it should be cut back. ~ ~ Meridian Planning & Zoning Commission January 9, 1996 Page 5 Johnson: We had a late arrival on this from ACHD, did you get an opportunity to review their comments, they came in yesterday. Oslund: Yes, a little bit. Johnson: I think their comments in general cover your concern. I tend to agree with Commissioner Shearer that the vision (inaudible). is covered by our ordinance. At this time probably my opinion we don't need to redo anything on that. They will have to comply with those ACHD comments which should have been here prior to our last meeting but they didn't arrive until January 8. ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FORA 74 UNIT PUD FOR JAMES PLACE AT ASHFORD SUBDIVISION BY BRIGHTON CORPORATION: Johnson: We do not have findings of facts prepared for that tonight because there was discussion which the conclusion of which that perhaps we as a Commission could have done a little better job in asking some questions last time. There are some unanswered questions. I would invite the representative for the Brighton Corporation, Mr. Mike Wardle to come forward at this time if he would and would like to see if we couldn't move forward with this and answer some of the questions that were brought up during the preparation of the findings of fact which never came to conclusion. Would it be necessary for him to be sworn at this point or not? Crookston: No, it is not. Johnson: Mike, one of the, you and I have talked briefly, one of the concerns that came up during the preparation of the findings of fact is the width of street. I believe the width proposed was 29 feet. The concern came, and those are in culdesac areas, as to how emergency vehicles might function. I don't see anything in our minutes where we properly addressed that. Wardle: Mr. Chairman, members of the Commission, let me address a couple issues that does relate to the question of whether these will become public or private streets. (Inaudible) something that I thought we had discussed at the meeting but nevertheless the proposal that was before the Commission at the last meeting did not yet have the benefit of Ada County Highway District review. As proposed and as submitted to ACHD the street system was to be a public street system. There are two considerations, there is a loop street so identified on this particular plan that ties the project to Ashford Boulevard at the west and east ends. That street was proposed to be a 29 foot back to back section within a 45 foot right of way with sidewalk generally on one side in a detached mode. There are MERIDIAN PLANNING & ZONING COMMISSION MEETING: JANUARY 9.1996 APPLICANT: MERIDIAN FREE LIBRARY DISTRICT AGENDA ITEM NUMBER: 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST FROM R-4 TO L-O G NCY 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: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW u~` .. ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~ c~~ d~~ ~~Q w~p OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i MERIDIAN PLANNING & ZONING COMMISSION MEETING: DECEMBER 12.1995 APPLICANT: MERIDIAN FREE LIBRARY DISTRICT AGENDA ITEM NUMBER: 10 REQUEST: PUBLIC HEARING• REQUEST FOR A REZONE FROM R-4 TO L-0 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 "REVIEWED" Q SEE ATTACHED COMMENTS f V ~~ ~~ 4 G ~, ~~ A, Y °1 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS A~1 Materials presented at public meetings shall become property of the City of Meridian.